Zelf Account Agreement
The following terms and conditions constitute an agreement (Agreement) between you and Evolve Bank & Trust governing the use of your Zelf account. This Agreement also refers to and includes other disclosures we may provide to you, which are incorporated by reference. As used in this Agreement, Customer, you and your mean the owner of the Zelf Account, any person responsible for paying back all amounts you owe us under this Agreement, and any other person you may authorize to use and access your Zelf Account (Authorized User). The terms we, us, our, Bank and Evolve mean Evolve Bank & Trust. By opening or continuing to use a Zelf Account, you agree to this Agreement. Please keep a copy of this Agreement for your records.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT IN SECTION V.C.23 AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION AGREEMENT, IT REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IMPORTANTLY, THE ARBITRATION AGREEMENT INCLUDES OPT OUT PROVISIONS.
IMPORTANT INFORMATION ABOUT YOUR ZELF ACCOUNT
Your Zelf Account consists of a Zelf deposit account (Deposit Account) and a Zelf Visa credit card (Zelf Card) provided by Evolve. Evolve also issues cards or other devices to access your Account.
Within your Zelf Account, you may set up multiple Authorized Users to manage their use of your Zelf Account. Each Authorized User can also be issued a Zelf Card, which is associated with Zelf Account.
You and your Authorized User(s) may never spend more than the amount you have in your Deposit Account with your Zelf Card or with transactions on your Deposit Account.
You are responsible for all activity conducted on your Zelf Account by an Authorized User, and all transactions Authorized Users make will be treated as if you had made the transaction yourself.
For detailed terms and information on your Zelf Card please refer to the Zelf Card Agreement
Our Security Interest in Your Deposit Account. You hereby grant to us, as of the date you enter into this Agreement, a security interest in all right, title and interest in any Deposit Account you have with us, and all funds deposited therein, now owned or hereinafter acquired (collectively, the Collateral), to secure your performance under this Agreement, including your duty to pay us for all obligations you owe us under this Agreement, present or hereinafter occurring, when payments are due, for every transaction made with your Zelf Account by you, an Authorized User, or any other person that you or an Authorized User permits to use your Zelf Account (Security Interest).
Our Right to Exercise the Security Interest. You irrevocably and unconditionally relinquish possession and control over the Collateral, and you pledge and assign as security to us all of your right, title, and interest in it. You must take any action we request to perfect or protect our first lien position Security Interest in the Collateral. You waive the benefit of any homestead or other exemptions in the Collateral. The Security Interest will be governed by Uniform Commercial Code - Article 9 (as adopted by the applicable state law) whether Article 9 applies by its terms or not. We do not have to give you any prior notice to apply the funds in your Deposit Account or other Collateral or its proceeds to satisfy your obligations. You expressly agree that our rights under this Security Agreement extend to any electronically deposited federal or state benefit payments (including Social Security benefits) to the extent permitted by law. If you do not want your benefits applied in this way, you may change your direct deposit instructions at any time with the person or organization paying the benefits. In addition, you grant us a right of setoff to your Deposit Account to secure all amounts you owe us under this Agreement. This right of setoff does not apply to your Deposit Account if prohibited by law. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff or Security Interest.
YOU MAY LOSE FUNDS IN YOUR DEPOSIT ACCOUNT. If you are in default of any obligation under this Agreement, or your Zelf Account is closed for any reason, you authorize us to withdraw funds from your Deposit Account and apply such amounts to the balance you owe us without sending you notice or demand for payment. We may do this in addition to the other rights we have under law or this Agreement. The application of your funds to the balance you owe under this Agreement will not affect your obligation to pay us in full. You are responsible for the repayment of all amounts you owe us under this Agreement.
Legal Proceedings. You represent that (a) there are no current lawsuits or bankruptcy proceedings that might affect our interest in your Deposit Account; and (b) you have not and will not attempt to transfer any interest in your Deposit Account to any other person or offer your Deposit Account as collateral or security for any other obligation. If any person seeks to attach your Deposit Account, for example by legal garnishment, you agree that we may deem all amounts you owe us, immediately payable and apply the funds in your Deposit Account as payment of those amounts. If we must hire an attorney to defend or enforce our rights under the Security Agreement, you will pay our reasonable attorneys' fees and court costs, unless prohibited by law.
TRUTH IN SAVINGS DISCLOSURES
IMPORTANT INFORMATION ABOUT YOUR DEPOSIT ACCOUNT
RATE INFORMATION. The interest rate on the balance in your Deposit Account that is eligible to earn interest is 0.0% with an annual percentage yield (APY) of 0.0%. Your interest rate and APY may change.
Determination of Rate. At our discretion, we may change the interest rate on your Deposit Account.
Frequency of Rate Changes. We may change the interest rate on your Deposit Account at any time.
Limitations on Rate Changes. There are no maximum or minimum interest rate limits.
COMPOUNDING AND CREDITING. Interest will be compounded daily and will be credited to your Deposit Account monthly. If you close your Deposit Account before interest is credited, you will not receive the accrued interest.
MINIMUM BALANCE REQUIREMENTS. No minimum balance requirements apply to your Deposit Account.
BALANCE COMPUTATION METHOD. We use the average daily balance method (less to calculate interest on your Deposit Account. This method applies a periodic rate to the average daily balance in your Deposit Account for the Cycle. The average daily balance may be calculated based on your ledger balance or your Available Balance. To get the average daily balance, we add the balance in the Deposit Account for each day of the Cycle, and divide that figure by the number of days in the Cycle. You will not earn interest on any balance in your Deposit Account that is not classified as Available Balance.
ACCRUAL ON NON CASH DEPOSITS. Interest begins to accrue no later than the Business Day we receive credit for the deposit of non-cash items.
TRANSACTION LIMITATIONS. You may not make transactions that would cause the Spent Money to exceed the total balance in your Deposit Account. If you have more than one Sub-Account, you may not make transactions with any Sub-Account that would cause the Spent Money in the Deposit Account to exceed the total Available Balance in the Deposit Account, if you exceed these limits, we may close, suspend, or freeze your Deposit Account.
FEES AND CHARGES. Please refer to the separate Fee Schedule provided to you with this Agreement for information about fees and charges associated with your Deposit Account. A Fee Schedule will be provided to you at the time you open a Zelf Account, periodically when fees or charges change, and upon request.
This section applies to all features of your Zelf Account
About your Zelf Account
Evolve. The Zelf Account is provided by Evolve Bank & Trust.
Business Days. Our Business Days are every day except Saturdays, Sundays, and holidays.
Writing to Us. You may e-mail us at email@example.com. You may also write to us at Zelf Address. We will deem any and all notices to us effective upon receipt by us.
Your Account. Your Zelf Account includes a Deposit Account and a Zelf Card. THE ZELF CARD IS A CHARGE CARD THAT ACCESSES A LINE OF CREDIT. IT IS NOT A DEBIT CARD. INTEREST AND OTHER CHARGES MAY APPLY. FOR MORE INFORMATION SEE THE ZELF CARD AGREEMENT. Within your Zelf Account, you may set up one or Authorized Users. Spending Limit. You may never spend more than the amount you have in your Deposit Account with your Zelf Card or with transactions on your Deposit Account. If you make a transaction that causes you to exceed the balance on your Zelf Account, you agree to immediately make a deposit to your Zelf Account to return your Zelf Account to good standing.
Our general practice is to decline any transaction that would cause you to exceed any Available Balance in your Zelf Account. Even if we have permitted you to exceed your Available Balance before, we are not required to do it in the future. We may determine the amount of Available Balance, for the purpose of deciding whether a transaction will cause you to exceed the Available Balance only once, and at any time between the time you authorize the transaction and when we decline the transaction or send a notice of the declined transaction.
The App. You can access your Zelf Account through the Zelf mobile application (App). You may log in to the App at any time to view and update information about your Account and initiate online transactions. Your use of the App is subject to the Zelf Terms of Service.
Periodic Statements. We will make available to you one periodic statement (Statement) for your Zelf Account per month, covering activity on your Zelf Card and Deposit Account during each monthly cycle (Cycle). We may make your Statements available through the App, or by e-mail. We have made the Statement available to you on the day we notify you that the Statement is available. If your Deposit Account balance has charged off, we may provide you with quarterly Statements.
Opening Your Zelf Account
Identifying You. To help the United States Government fight terrorism and money laundering, federal law requires us to obtain, verify, and record information that identifies each person that opens an Account. What this means for you: when you open a Zelf Account, we will ask you for your name, street address, email, phone number, last four digits of your Social Security Number (SSN), and date of birth, and other information that will allow us to identify you. To open a Zelf Account with us, you must be at least 18 years old, a U.S. citizen or a resident alien with a valid SSN and have a residential address in the U.S. or U.S. territory where we offer the Zelf Account. We may also ask to see your driver license or other identifying documents that will allow us to identify you. You must tell us when this information changes. We may ask you for additional documents to verify any changes. We may restrict or close your Zelf Account if we cannot verify your information, or if you do not provide it as requested.
Consumer Reporting Agencies. You authorize us to obtain information about you from time to time from consumer reporting agencies, check verification services, and other third parties for the purpose of considering your application for a Zelf Account or any other purpose permitted by law.
TIN/Backup Withholding. We are required by federal law to obtain your correct taxpayer identification number (TIN) in order to avoid potential backup withholding and to report interest income paid to you in connection with your Zelf Account. If you are subject to backup withholding or if the Internal Revenue Service (IRS) notifies us that we do not have a correct TIN for you, we may be required to withhold and remit to the IRS a percentage of interest paid (backup withholding) to your Deposit Account. Amounts withheld are reported to the IRS as federal tax withheld and will be reflected on your IRS Form 1099-INT, Interest Income. A TIN may be your SSN if your Zelf Account is in your name and you are either a U.S. citizen, permanent resident, or otherwise eligible to receive an SSN.
Identifying your business (if applying for a business account). You will need to provide Company information and certain personal information (collectively, “Company Information”), when you apply for an Account. Company Information may include your registered business name and state of incorporation, the business address, ownership details, the nature of the business, and other business information we may request from time to time; the name, contact information, and date of birth of beneficial owners and certain other personnel, and other personal information; and a corporate registration certificate, proof of address, personal identification, and any other documentary information used to verify business and personal information. We provide Company Information to our Banking Services Provider and other third-party service providers to determine your eligibility for the Services. We rely on the accuracy of the Company Information you provide us when opening and maintaining your Account. We may deny your applications, suspend provision of the Services to you, or close your Account if Company Information is out of date, incomplete, or inaccurate. At any time during the term of this Agreement and as part of your use of the Services, we may require additional Company Information from you to verify your identity and the identity of your business, to obtain other information about your business, to open and maintain accounts and aspects of the Services, to assess your financial condition, and to evaluate the risks associated with your business. You expressly consent and authorize us to retrieve additional Company Information about Company and its owners or directors from our vendors and other third parties to solely to assess the history and risks of the business and to prevent fraud, including by obtaining information from credit reporting agencies and information bureaus, and you authorize and direct such third parties to compile and provide such information to us. You acknowledge that this may include names, addresses, credit history, and other data. You acknowledge that we may use Company Information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business.
Ownership of Zelf Account. This is an individual account or business account based on your application type.
Authorized Users. You may authorize one or more Authorized Users to use and access your Zelf Account, or any Sub-Account, subject to our approval. The Authorized User must be at least 18 years of age. We reserve the right to limit the number of Authorized Users of your Zelf Account. We may require you to submit certain information about each person you request to make an Authorized User on your Zelf Account or a Sub-Account. Authorized Users will have access to certain information about your Zelf Account and will be able to make transactions with your Zelf Account. You will be responsible for an Authorized User use of the Zelf Account, and use of the Zelf Account by anyone else they allow to use the Zelf Account, even if you did not want, or agree to, that use. We may also limit an Authorized User ability to use the Zelf Account. The Authorized User is designated to conduct transactions on your behalf. You do not give up any rights to act on the Zelf Account, and the Authorized User may not in any manner affect the rights of the owner or beneficiaries, if any, other than by using the Zelf Card and making transactions on the Zelf Account. We undertake no obligation to monitor transactions to determine that they are on the owner's behalf. The Authorized User authority is automatically terminated by the death of any owner of the Zelf Account. However, we may continue to honor the transactions of the Authorized User until: (a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge. We may refuse to accept an Authorized User for any reason, at our sole discretion.
Removing an Authorized User. If you want to remove an Authorized User from your Zelf Account, you must contact us and request their removal. Authorized Users may remove themselves from your Zelf Account upon request. You also must immediately destroy all Zelf Cards in their possession, change or destroy any other Access Credentials (as defined below in Section V.C.1) in their possession, and cancel any arrangements, such as automatic or scheduled transactions, they may have set up on your Zelf Account. The Authorized User will be able to use your Zelf Account until we receive the request to remove the Authorized User from your Zelf Account and we have acted on your notice. During this time, you will still be responsible for all transactions the Authorized User makes using your Zelf Account. You will be responsible even if these transactions do not appear on or post to your Zelf Account until after you remove the Authorized User from the Zelf Account. We reserve the right to remove any Authorized User from your Zelf Account for any reason. When you or we remove an Authorized User for any reason, we may revoke the Authorized User’s Zelf Card, close any Sub-Account the Authorized User used, issue a new Zelf Card with a different number, close your existing Zelf Account and issue a new Zelf Account with a new account number, and/or require you to change other Access Credentials. Any funds that remain in the Wallet associated with the closed Sub-Account will remain in your Deposit Account.
Linking External Accounts. You may choose to link your Zelf Account to an account you have with another financial institution in the U.S. or a U.S. territory where we offer the Zelf Account. We will call that other account a Linked External Account. You can use your Linked External Account to transfer money to or from your Deposit Account. Any Linked External Account must be owned by you and must be a personal account (not a business or commercial account). Your request to establish a Linked External Account is subject to our verification and approval. In our discretion, we may limit the number of Linked External Accounts you may have at one time, block any transaction you make with your Linked External Account, or disconnect any Linked External Account.
Zelf CARD TERMS
For the terms of your Zelf Card (if applicable), please see the Zelf Card Agreement provided to you at the time of opening your Zelf Account and requesting a Zelf Card.
DEPOSIT ACCOUNT TERMS
This section governs your use of your Deposit Account.
Limited Deposit Account Access. Your Deposit Account is only accessible through the App on your mobile or web device. You may only make withdrawals and transactions from your Deposit Account by initiating permitted transactions on the App. You will not be able to make withdrawals or deposits on your Deposit Account at branch locations or by telephone. You may not use your Zelf Card to debit your Deposit Account.
FDIC Insurance. Funds in your Deposit Account are insured by the Federal Deposit Insurance Corporation (FDIC) and backed by the full faith and credit of the United States, up to the applicable limit. The amount of insurance coverage you have may depend on the balance in your Deposit Account and the ownership, type of, and balances held in any other accounts you have with us. For additional information, please visit the FDIC website at www.fdic.gov.
Deposit Requirements. Deposits must be made in U.S. Dollars. Deposits made by ACH are subject to the NACHA Operating Rules and Operating Guidelines and the rules of any regional clearing houses we may use from time to time (collectively, the ACH Rules). Before final settlement of any deposit, we act only as your agent. We will give only provisional credit until collection is final for any items we accept for deposit (including items drawn on us). You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond an applicable deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We will treat and record all transactions received after the Cutoff Time (defined below) on a Business Day we are open, or received on a day we are not open for business, as if initiated on the next Business Day that we are open. At our option, we may take an item for collection rather than for deposit.
Permitted Deposits. Deposits to your Deposit Account may be made using one of the following payment methods:
External Debit Card. You may use the App to authorize us to charge a debit card issued by an external U.S. bank and deposit the funds in your Deposit Account. You are responsible for any fees charged by the issuing bank for using your debit card.
Linked External Account. You may authorize us to initiate ACH transfers from a Linked External Account to your Deposit Account. Use the App to set up, review, change or cancel your scheduled transfers.
Person-to-Person Transfer with Zelf Users. You can receive transfers to your Deposit Account initiated by another Zelf user, using the person-to-person transfer services (P2P Transfer) provided in the App pursuant to Section IV.D below.
Direct Deposit. You can direct a third party, such as an employer, to electronically deposit your paycheck, retirement benefits, or other income to your Deposit Account by ACH or wire transfer. Direct deposits may not be initiated in the App.
Other. We may permit you to make deposits by other means we make available from time to time.
Deposit Records and Receipts. We and our service providers may rely on the account number on any record of a deposit you make, even if that account number is associated with a name that is different from the name you have provided. It is not our responsibility to detect any inconsistency between the account number you provide and the name. You may use the App or call us to confirm that we have received a deposit. If you make a deposit, we may provide a confirmation of your deposit, but the amount on your deposit confirmation may not reflect the amount of funds we actually receive. We may confirm the funds you deposit and, after review, may adjust your Deposit Account for any errors including any errors on your deposit request or similar records. If we give you a confirmation for a deposit that you then cancel, the confirmation is void and you may not claim those funds.
Our Right to Refuse Deposits. We may refuse a deposit, or part of a deposit, at any time. We also may refuse a deposit after initially accepting it. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you have already made.
When You Can Withdraw Funds You Have Deposited. Please see the Funds Availability Policy for information about when funds you deposit will be available for withdrawal. If funds from a deposit become available and you can withdraw them, that does not mean the item you have deposited is good, has cleared, or has been paid by the paying bank. It is possible that the item will be returned unpaid months after we have made the funds available to you and you have withdrawn them.
Our Right to Charge Back Deposited or Cashed Items. If you make a deposit and (a) the sending bank returns it to us unpaid; (b) the sending bank demands that we repay them because the deposit was unauthorized; or (c) the sending bank or the originator of a transfer demands that we return the item because it was unauthorized, sent to the wrong account number or procured by fraud, we may pay the return or demand, and subtract the funds from your balance. If we have reason to believe that any of the events in the previous sentence has occurred or may occur or that the item should not have been paid or may not be paid for any other reason, we may place a hold on the funds or move them to a bank-managed administrative account until we determine who is entitled to them.
All Deposits Are Credited Subject to Final Settlement in Cash or Credits. We have the right to forward all deposited items to correspondents including all Federal Reserve Banks, and we will not be liable for default or neglect of any correspondents for loss in transit, and no correspondent will be liable except for its own negligence. You specifically authorize us or our correspondents including the Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse.
If we permit you to withdraw funds from your Deposit Account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your Deposit Account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We will not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.
Withdrawals and Transfers
Available Balance. You may withdraw or transfer all or any part of the Available Balance in your Deposit Account at any time, provided that the withdrawal will not cause you to exceed the Spending Limit(s) and any other limitations in this Agreement or limits you set on the Deposit Account by using the App. We determine your Available Balance by taking your previous day balance, plus any pending credit transactions (excluding pending returns), such as ACH direct deposits, and subtracting (a) pending charges such as, electronic payments, according to the Processing Order (defined in Section IV.B.9 below) (b) amount of deposits that are not yet available for withdrawal under our Funds Availability Policy, and (c) any holds on your balance, such as holds on funds to comply with court orders or other legal requirements, or as authorized by the Security Agreement. We reserve the right to use a different method in certain states if required by law. We may permit Authorized Users to withdraw only the portion of the Available Balance which is designated to the Sub-Account(s) they are authorized to use. However, we are not required to do so unless required by applicable law.
Withdrawal Rules. By initiating a withdrawal of funds from your Deposit Account, you authorize us to make the transaction you select. Withdrawals may be made in U.S. dollars by using the App to authorize a transfer of funds to a Linked External Account, to make a P2P transfer to another Zelf user, or to make a transfer to another type of account or payee we may permit from time to time. Withdrawals to a Linked External Account and P2P transfers are processed as ACH transactions. Please see the Electronic Fund Transfer Agreement for more information.
We may subtract from your Deposit Account balance the amount of any withdrawal, P2P Transfer, or other debit transaction that you, or any Authorized User, or person you or an Authorized User authorized, initiated or approved. We may require you or any person you authorize to provide us with identification, documentation or information that is acceptable to us before allowing the transaction. You may not make any withdrawal in an amount that exceeds the applicable Available Balance. We may refuse to permit Authorized Users to make any withdrawal in an amount that exceeds the Available Balance applicable to the Deposit Account they are authorized to use. We may refuse any withdrawal or transfer request by any method on forms not approved by us, or that we do not specifically permit for your Deposit Account, or that does not include all information we require, or that is greater in number than the frequency permitted, or which is greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on your Deposit Account until your identity is verified. We reserve the right to establish (and change) maximum dollar limits for withdrawal transactions from time to time. Even if we honor a nonconforming request, we are not required to do so later.
Cutoff Time. Online requests to transfer funds to or from your Deposit Account must be received by us by 2:00 PM PT on a Business Day to be initiated on that Business Day. Online transfer requests received by us after 2:00 PM PT or on a day that is not a Business Day generally will be initiated on the next Business Day.
Right to Require Advance Notice of Withdrawals. We reserve the right to require seven days' notice in writing before each withdrawal.
Account Numbers on Fund Transfers. If you instruct us to send a fund transfer, such as an ACH transfer, we, our service providers, and every other bank involved in the transfer may rely on any bank number or account number you provide. If the fund transfer instruction gives both a bank number or account number and a name, and the name identifies a different person from the bank or account owner identified by number, we and other banks that handle the fund transfer may still rely exclusively on the number. We have no duty to detect any inconsistency between the bank number or account number and the name.
Withdrawal Authority. Any person who signs to open your Deposit Account or has authority to make withdrawals (including Authorized Users) may, acting alone, withdraw or transfer all or any part of your Deposit Account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to endorse any item payable to you or your order for deposit to your Deposit Account or any other transaction with us.
Rules for ACH Transfers. This Agreement is subject to Article 4A of the Uniform Commercial Code Fund Transfers, as adopted in the state in which you have your Deposit Account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules, such as the NACHA Rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your Deposit Account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a payment order to credit your Deposit Account, we are not required to give you any notice of the payment order or credit.
Multiple Signatures. We are not required to comply with any multiple-signature requirement, even if you have otherwise instructed us to do so.
Processing Order. The following Processing Order dictates the order in which we will process your transactions on your Deposit Account each Business Day. All credit transactions are processed first. Debits or withdrawals (such as ACH transactions) will be processed in the order in which they are received by us. The processing order of these items is important because if there is not enough money in your Deposit Account to pay for the items in the order, they are processed in accordance with the processing order, we may decline the transaction, or it may cause an overdraft on your Deposit Account.
Overdrafts. Our general practice is to decline to pay any transaction that would cause an overdraft on your Deposit Account (i.e., your Available Balance is less than the amount of that item plus all other items received but not yet paid) (Overdraft), or would cause a negative Available Balance in any Wallet. Even if we have paid these items before, we are not required to do it in the future. We can change our practice of paying these items on your Deposit Account without notice to you. We may determine the amount of Available Balance for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only look at your Available Balance in your Zelf Account once to decide if the item would cause an Overdraft or negative Available Balance, but if we choose to make a subsequent determination, the Available Balance at the subsequent time will determine whether there are insufficient available funds. It is your responsibility to avoid overdrawing your Deposit Account and maintain an Available Balance in your Zelf Account.
Overdraft Fees. You agree that we may charge fees for Overdrafts as set forth in the Fee Schedule.
Your Responsibility to Pay Overdrafts. You are liable for any Deposit Account or Wallet shortage resulting from charges or Overdrafts, whether caused by you, an Authorized User, or any another person to whom you provide access to your Zelf Account. If we pay a transaction that causes an Overdraft or negative Available Balance, you must immediately pay the amount of any Overdraft and restore the Available Balance to at least $0.00. You have no right to defer such payments, and you are liable regardless of whether you signed the item or benefitted from the charge or Overdraft. If you fail to pay an Overdraft, we also may report you to consumer reporting agencies, close your Zelf Account, or both. This could affect your ability to open accounts with us or other banks in the future. We may also apply funds in your Deposit Account to cure a negative Available Balance. You authorize us to use the money from any subsequent deposits to your Deposit Account to pay any Overdraft or apply the deposit to cure a negative Available Balance. Subsequent deposits include any federal or state benefit payments that you choose to deposit in your Deposit Account (including direct deposit of Social Security benefits), unless prohibited by law. You understand and agree that if you do not want your benefits applied in this way, you may change your direct deposit instructions at any time. We may still pursue collection of the amount you owe (including suing you) after it is charged off.
Waiver of Notices. To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your Deposit Account. For example, if you authorize a transaction and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
Person to Person Transfers
You may use your Zelf Account to make person-to-person transfers (P2P Transfers) to other Zelf users.
Payment Authorization. By authorizing a P2P Transfer, you authorize us to debit your Deposit Account for the amount you request to send, plus applicable fees if any, on or after the date of your authorization. We will send that amount (less fees, if any) to your designated recipient. By authorizing a P2P Transfer, you also authorize us to initiate any other transactions necessary to correct errors or reverse payments that are rejected or returned. You may not use an external bank account or any other payment method to fund a P2P Transfer. You are solely responsible for ensuring you have a sufficient Available Balance in your Deposit Account necessary to complete any payments initiated through the P2P Transfer service, and that the transaction will not cause you to exceed any Spending Limit. You agree to reimburse us for any fees, costs, or expenses we incur as a result of insufficient or unavailable funds in connection with any P2P Transfer you initiate.
Restrictions on P2P Transfers to Zelf Users Without Zelf Account. If you send a P2P Transfer to a recipient who does not have a Zelf Account, you authorize us to hold the funds you send on behalf of your recipient, and we will issue promotional credit (Credit) to the recipient in lieu of cash. You understand that the recipient cannot redeem the Credit for cash unless and until the recipient open a Zelf Account. To send a P2P Transfer, you must provide the recipient valid mobile telephone number, which is capable of receiving SMS or text messages. If the recipient does not have an online account on the Zelf website (Online Account), the recipient will receive an SMS message notifying them of your P2P Transfer, with instructions for opening an Online Account or Zelf Account and claiming the Credit. Once the recipient has an Online Account, the recipient will receive Credit in the amount of the P2P Transfer you send. An Online Account is not a Zelf Account and your recipient may not use an Online Account to redeem the Credit for cash. If the recipient opens a Zelf Account, the Credit will be automatically redeemed for cash and deposited in their Zelf Account. Credit has no cash value until and unless we redeem the Credit for cash, and credit it to a Deposit Account. Credit is issued solely for promotional purposes and is not FDIC-insured. Credit expires 30 days after the date it is issued, if it is not used or redeemed for cash. If the recipient fails to claim the Credit or their Online Account is inactive for an extended period of time, it may be deemed unclaimed or abandoned under applicable state law. See the Zelf Terms of Service for more information.
Transaction Limits. You may not make P2P Transfers that would cause you to exceed any transaction limits set forth in provision of this Agreement. You may not make any P2P Transfer that would case you to exceed any applicable Spending Limit. We may reject or reverse any transaction that would cause you or the recipient of the P2P Transfer to exceed limits applicable to their Zelf Account, or if we determine in our sole discretion that the P2P Transfer was invalid for any reason. You may not make P2P Transfers to conduct business, commercial or merchant transactions. We reserve the right to change these transaction limitations at any time, in our sole discretion, with or without notice to you, unless required by law.
Stop Payment. All P2P Transfer requests may be processed as soon as we receive them, and we may be unable to stop the P2P Transfer. Our ability to stop a P2P Transfer once you have initiated it will depend on when you notify us of your desire to stop the transaction, and whether we have begun to process the P2P Transfer or have a reasonable opportunity to act on your request to stop the payment.
Refunds, Reversals and Chargebacks. P2P Transfers may be invalidated or reversed by us if, among other reasons, we send cash or Credit to you or your recipient in error, the funding transaction is declined or reversed, the P2P Transfer was unauthorized or unfunded, or the P2P Transfer was made for activities or reasons that violate this Agreement, the Zelf Terms of Service or any other agreement you have with us. If the P2P Transfer you send or receive is invalidated for any reason, you may be liable to us for the full amount of the P2P Transfer, and we may recover the amount of the P2P Transfer (plus applicable fees, if any) from you. We may recover the amount of the P2P Transfer from the sender or recipient of the P2P Transfer in our sole discretion (subject to applicable law). When recovering the amount of an invalidated P2P Transfer from you, we may apply any funds sent to you in a subsequent P2P Transfer, from your Deposit Account or any incoming deposit to your Deposit Account, engage in collection efforts to recover such amounts from you, place a limitation or restriction on your Zelf Account, or take any other action authorized by this Agreement, Zelf Terms of Service or any other agreement you have with us.
Other Restrictions. Your ability to make P2P Transfers is subject to all other terms and restrictions set forth in the Zelf Terms of Service, which are incorporated herein by reference. In the event of a conflict between the Terms of Service and this Agreement, this Agreement shall control.
This section applies to all features of your Zelf Account.
Communications, Statements, Notices of Errors, and Other Notices
Delivery of Notices. You agree that we and our service providers may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message or other means allowed by law regarding your Zelf Account. Any legal disclosures, notices and communications and other Zelf Account-related correspondence that we mail to you will be sent via U.S. Mail to the last mailing address shown in our records for your Zelf Account. Notices will be deemed to have been delivered on the day we mailed it to you, or made it available electronically. We are not responsible for items lost in, or not delivered by, mail or e-mail. Some notices may only be available electronically or in paper form. Notice to any owner of your Zelf Account is notice to all owners and Authorized Users.
Notices You Send Us. Any written notice you give us is effective after we actually receive and act on it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the item, including the item number, amount, date and payee.
Electronic Communication. Your Zelf Account is an electronic account. We may send communications electronically, such as by email or text message, rather than through U.S. mail or other means, unless the law says otherwise. If you give us your email address, you agree that we may send servicing messages (such as fraud alerts and hold alerts) related to your Zelf Account to that address. You may be required to agree to communicate with us by electronic means in order to open a Zelf Account. If you revoke your consent to electronic communications, we may declare you to be in default of this Agreement (see Section III.F.1), close your Zelf Account or take other actions described in Section III.F.2 of this Agreement and the Electronic Communications Agreement.
Telephone Communication. We may record and/or monitor any of our telephone conversations with you. If we do record, we do not have to keep the recordings, unless the law says we must. When you give us your mobile number, we have your permission to contact you at that number about all of your Evolve accounts. Your consent allows us and our service providers to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls. This communication may include contact from companies working on our behalf to service your Zelf Account. Message and data rates may apply. You may change these preferences by emailing firstname.lastname@example.org.
Change in Contact Information. We require you to provide an e-mail address, mobile telephone number, and physical street address if your mailing address is a P.O. box. You are responsible for promptly notifying us of any change to any such contact information or your name. In some instances, we may request additional information for verification purposes. Any notice we mail to you (or email to you if you have told us to communicate with you electronically) will be binding when sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service (USPS) or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the USPS.
Communications Equipment and Services. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access and use your Zelf Account online; view, save and/or print your Zelf Account documents online; receive any messages or documents you have consented to receive electronically; and for paying all related charges. We are not required to act on any instruction or message from you provided by SMS/text, or telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text to be written notice.
Closing and Restricting Your Zelf Account
You May Close Your Account. You may request to close your Zelf Account at any time for any reason. However, we are not required to close your Zelf Account at your request if you have pending transactions, your Deposit Account is overdrawn, or your Deposit Account is subject to legal process (such as a garnishment, attachment, execution, levy or similar order). In those cases, we will restrict your Zelf Account against all future withdrawals and other transactions, other than under legal process until pending transactions are paid or returned, the balance on your Deposit Account is no longer negative, and any legal restriction on your Zelf Account has been released.
We May Close Your Account. We may also close your Zelf Account at any time, for any reason or no reason, with or without prior notice to you. We will have no liability for any action we take under this section
Rules for Closing Your Account. We may restrict your Zelf Account in preparation for closing. As we do so, we will not pay any additional interest on your Deposit Account, and we may limit deposits to, or withdrawals from, your Deposit Account. We may prohibit further transactions on your Zelf Card(s). Items presented for payment may be dishonored. When you close your Zelf Account, you are responsible for leaving enough money in your Deposit Account to cover any outstanding items to be paid from your Deposit Account. We may send you written notice that we have closed your Zelf Account. We will return the Available Balance in your Deposit Account less any outstanding unpaid Zelf Card transactions, fees, claims, setoffs or other amounts you owe us, either electronically to a Linked External Account or by check sent to you by mail. This Agreement will survive the closing of your Zelf Account and you are still responsible for obligations incurred prior to or in connection with the closing of your Zelf Account. After your Zelf Account is closed, we have no obligation to accept deposits or pay any outstanding transaction requests, but we may reopen your Deposit Account if we receive a deposit. This Agreement will survive the closing of your Account and you are still responsible for obligations incurred prior to or in connection with the closing of your Account.
Restricting Your Account; Blocking and Delaying Transactions. There are many reasons we may decline or prevent transactions to or from your Zelf Account, but we generally do it to protect you or us, or to comply with legal requirements. We may decline or prevent any or all transactions to or from your Zelf Account in our sole discretion, as permitted by applicable law. We may refuse, freeze, reverse or delay any specific withdrawal, payment or transfer of funds to or from your Deposit Account, or we may remove funds from your Deposit Account to hold them pending investigation, including in one or more of the following circumstances:
You maintain your Deposit Account at zero balance for at least 180 days;
You reside in or relocate outside of the U.S. or any U.S. territory where we offer the Zelf Account;
You attempt to use your Zelf Account designated for business use, instead for personal purposes;
Your Zelf Account is involved in any legal or administrative proceeding;
We receive conflicting information or instructions regarding Zelf Account ownership, control or activity;
We suspect that you may be the victim of a fraud, scam or financial exploitation, even though you have authorized the transaction(s);
We suspect that any transaction may involve illegal activity, including violations of anti-money laundering laws and regulations, or may be fraudulent;
We are complying in our sole judgment with any federal, state or local law, rule or regulation, including federal asset control and sanction rules and anti-money laundering rules, or with our policies adopted to assure that we comply with those laws, rules or regulations; or
We reasonably believe that doing so is necessary to avoid a loss or reduce risk to us.
Other Account Terms
Security. It is your responsibility to protect the devices on which you access your Zelf Account, your Zelf Card(s), the username, password, biometrics or other data you use to log into the App (Access Credentials). Do not share this information with anyone. If you give another person permission to use this information, you may be held fully liable for any transactions they make with your Zelf Account, even if that person exceeded the authority you gave them. Please notify us immediately if you believe your Zelf Account has been accessed without your permission. See the Electronic Fund Transfer Agreement and Section III.E of this Agreement for more information about your rights and responsibility in the event of unauthorized use of your Zelf Account.
Assignment of Agreement and Successors. You may not assign or transfer any interest in your Zelf Account unless we agree in writing. Any permitted assignment of your Zelf Account is subject to our setoff rights. This Agreement will be binding on your personal representative, executors, administrators and successors, and on our successors and assigns.
Power of Attorney. A power of attorney is a document you sign that authorizes someone else, called the agent, to act on your behalf. If you sign a power of attorney, the agent can sign on your behalf and do anything you could do regarding your Zelf Account, including withdrawing or spending all of the money in your Deposit Account. Do not sign a power of attorney unless you trust the agent to act in your best interest. If you choose to add an agent, you must provide a power of attorney form that we agree to accept. We may rely on a copy of an original power of attorney. We are not required to investigate the facts relating to any power of attorney provided to us on your behalf, including whether your signature on the power of attorney is authentic or whether the agent continues to have authority. We may follow or refuse to follow the agent instructions at any time, including if we suspect fraud or abuse on your Zelf Account, unless applicable law requires otherwise. We may also refuse an agent request to become a joint owner or a beneficiary of a Zelf Account, but we have no liability to anyone if we do so. We have no liability when we follow or refuse to follow any instructions from an agent, for example, if your agent misuses the authority you have given them.
Death or Incompetence. You agree to notify us promptly if any person with a right to use your Zelf Account dies or is adjudicated incompetent. We may continue to honor your transactions and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify transactions made on or before the date of death or adjudication of incompetence for up to 10 days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the Zelf Account.
No Waiver. If we fail to exercise any right, that does not mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
Headings and Rules of Construction. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular.
Changes to this Agreement. We may change the terms and conditions of this Agreement, including fees and features of your Zelf Account, at any time. We will notify you in advance of any such change when required by applicable law. If we have notified you of a change to this Agreement and you continue to use your Zelf Account after the effective date of the change, you have agreed to the change. Notices will be made available on our App and website, or delivered electronically using the most recent contact information we have on file for you.
Legal Actions Affecting Your Account. If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your Zelf Account (Legal Action), we will comply with that Legal Action. Or, in our discretion, we may freeze the assets in your Deposit Account and not allow any payments out of your Deposit Account, or use of the Zelf Card(s) for obligations secured by your Deposit Account, until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of your funds in your Deposit Account. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your Deposit Account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including attorneys' fees and our internal expenses) may be charged against your Zelf Account. The Fee Schedule may specify additional fees that we may charge for certain legal actions.
Illegal Activities. You agree not to use your Zelf Account for any illegal activity. We may refuse any gambling transaction, whether lawful or not.
Inactive and Unclaimed Accounts. Each state has laws that govern when accounts are considered inactive or abandoned, and when we are required to send a customer funds to the state. We encourage you to make sure your Zelf Account remains active by signing in to the App or making transactions. After a specified period of time determined by the law of the state of your residence (as shown in our records), if we are not able to locate you, we will be required to deliver your Deposit Account to the state as abandoned property. You will then need to apply to the state for return of your funds. If your Zelf Account is or has been inactive, we may, in our discretion, refuse to honor requests for withdrawals or other transactions on your Zelf Account until after we have verified that you have authorized the request.
Reporting to Consumer Reporting Agency; Disputes. We may report information about you or your Zelf Account to a consumer reporting agency. If you believe that we have reported inaccurate or incomplete information about your Zelf Account to a consumer reporting agency, you have the right to file a dispute with that consumer reporting agency. You may also submit a dispute directly to us by writing to us at email@example.com. Provide your name, address and phone number; your Zelf Account number; the specific information you are disputing; an explanation of why it is inaccurate or incomplete; and any supporting documentation.
Rules Governing Your Account. Except as otherwise provided in the Arbitration Agreement, this Agreement and your Zelf Account are subject to applicable federal laws, the laws of the State of Tennessee without regard to internal principles of conflicts of law, and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this Agreement can and does vary such rules or laws). Changes in these laws may change the terms and conditions of your Zelf Account. We will notify you of any changes as required by law. Except as otherwise provided in the Arbitration Agreement, if any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. If this Agreement conflicts with any statements made by one of our employees or by a third-party service provider, this Agreement will govern.
Fees. You agree to the terms of this Agreement and the Fee Schedule. You authorize us to deduct these charges, without notice to you, directly from the balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this Agreement.
Attorneys' Fees Resulting from Collection or Dispute. You will be liable for our costs as well as for our reasonable attorneys' fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Zelf Account. This includes you and any Authorized User(s); or a third party claiming an interest in your Zelf Account. This also includes any action that you or a third party takes regarding the Zelf Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys' fees can be deducted from your Deposit Account balance when they are incurred, without notice to you.
Limitation of Liability. You agree that we, our service providers, agents, officers, directors, and employees (and the same of our service providers, subsidiaries and affiliates themselves) (collectively, the Indemnified Parties) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party does not follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. To the extent you are entitled to relief under this Agreement, the total liability of the Indemnified Parties to you will not exceed $500, except as otherwise required by applicable law. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. This section will survive termination of your Zelf Account and termination of this Agreement.
Indemnification. You agree to indemnify and hold the Indemnified Parties harmless from and against losses arising in connection with the services provided under this Agreement, except for losses arising out of our own gross negligence or willful misconduct. You further agree to hold the Indemnified Parties harmless from losses arising out of actions taken or omitted in good faith by any Indemnified Party in reliance upon instructions from you. The Indemnified Parties are not responsible for any actions or omissions by any third party. If you give us instructions that we believe may expose us to potential liability, we may refuse to follow your instructions and we will not be liable to you if we refuse to follow your instructions. If we do choose to follow your instructions, we may ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us. This section will survive termination of your Zelf Account and termination of this Agreement.
Filing a Lawsuit or Arbitration. You must file any lawsuit or arbitration against the Indemnified Parties within two years after the cause of action arises, unless federal or state law or an applicable agreement provides for a shorter time. This limit is in addition to limits on notice as a condition to making a claim. If applicable state law does not permit contractual shortening of the time during which a lawsuit must be filed to a period as short as two years, you and we agree to the shortest permitted time under that state laws. We abide by applicable federal and state record retention laws and may dispose of any records that we retained or preserved for the period set forth in these laws. Any action against us or another Indemnified Party must be brought within the period that the law requires us to preserve records, unless applicable law or this Agreement provides a shorter limitation period or applicable law requires a longer limitation period. This section is subject to Section V.C.22, which may require you to submit your claims to arbitration. This section will survive termination of your Zelf Account and termination of this Agreement. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Location of Legal Proceedings. If you file any lawsuit or other legal proceeding against an Indemnified Party that is connected in any way to your Zelf Account or services, you agree to do so in an appropriate court in the State of Tennessee. If we file any lawsuit or legal proceeding that is connected in any way to your Zelf Account or this Agreement, you consent to jurisdiction and venue in an appropriate court in the State of Tennessee. If any party chooses to have disputes resolved by arbitration, the Arbitration Agreement governs the process and location of the arbitration proceedings.
Pre-Judgment Interest Rate. If either you or we are awarded a judgment against the other in connection with your Zelf Account, the rate of interest earned before judgment on the judgment amount will be the rate of interest your Deposit Account earned during that period unless state law requires a different rate.
Unlawful Internet Gambling Notice. Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this Zelf Account or relationship. Restricted transactions generally include those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
Severability. Any provision of this Agreement that limits the Bank liability does not negate the Bank duty (if any) under applicable law to act in good faith and with ordinary care. If any provision of this Agreement is determined to limit the Bank liability in a way prohibited by applicable law, or to be otherwise unenforceable, the parties agree to replace such provision with a provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable, and this Agreement will be enforceable as so modified.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.
Agreement to Arbitrate
This section is referred to as the Arbitration Agreement. If you have a dispute with the Bank or any other Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute will be resolved through the arbitration process set forth in this section.
You agree that if you have a dispute or claim that has arisen or may arise between you and the Bank or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach), your Zelf Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and the Bank are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Parties Subject to this Arbitration Agreement
This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Agreement or your Zelf Account, then the claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party.
THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT firstname.lastname@example.org.
You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing will bear all costs and expenses incurred by the other in compelling arbitration.
Your Right to Opt Out
If you do not want this Arbitration Agreement to apply to your Zelf Account, you may opt out by sending us written notice of your decision within 30 days of the opening of your Zelf Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, Zelf Account number, and your signature and must be mailed to Zelf ATTN: LEGAL, Zelf Mailing Address. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Zelf Account. You agree that our business records will be final and conclusive evidence with respect to whether you cancelled or opted out of this Arbitration Agreement in a timely and proper fashion.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON OR PARTY CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to the Bank or Indemnified Party should be sent to [Zelf, Zelf Mailing Address]. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with the Bank or Indemnified Party within 60 calendar days after the Notice is received, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) rules and procedures, including the AAA Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA consumer arbitration page, www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the Arbitration Fees) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, the Bank will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Bank will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Bank will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Arbitration Agreement will continue to apply.
Future Changes to this Arbitration AGREEMENT
Notwithstanding any provision in this Agreement to the contrary, if the Bank makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you have a Zelf Account, you may reject any such change by sending the Bank written notice within 30 days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the terms of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
This Fee Schedule lists the fees that may be applicable to your Zelf Account. You agree to pay all fees applicable to your Zelf Account. We reserve the right to add or change fees at a later time, and we will notify you of any changes to our fees and this Fee Schedule, as required by applicable law. We may subtract these fees from your balance, even if the fee makes your balance negative.
Zelf Banking Services Fees
Zelf will apply the following fees:
|Account Monthly Fee||$0.0 per account|
|ACH Transactions||Incoming: $0 per ACH transfer received
Outgoing: $0.25 per ACH transfer sent
|Domestic Wires||Incoming: $1.00 per wire transfer received
Outgoing: $5.00 per wire transfer sent
|International Wires||Incoming: $20.00 per wire transfer received
Outgoing: $20.00 per wire transfer sent
|Remote Check Deposit||$0.0 per check|
|ACH returns||$15 per transaction|
|NSF Fees||$35 per transaction|
|Stop Payment||$35 per transaction|
|Research Request||$15 per transaction|
FUNDS AVAILABILITY POLICY
PURPOSE. The information here describes our policy of holding deposited items in a Deposit Account before funds are made available to you for withdrawal.
DETERMINING THE AVAILABILITY OF YOUR DEPOSIT. Our policy is to delay the availability of funds from your deposits. The length of the delay varies based on the type of deposit as set forth below. During the delay, you may not withdraw the funds, and we will not pay transactions from your Deposit Account using these funds.
The length of the delay is counted in Business Days from the day of your deposit. If you make a deposit before 2:00PM PT on a Business Day, we will consider that day to be the day of your deposit. However, if you make a deposit after 2:00PM PT or on a day that is not a Business Day, we will consider the deposit made on the next Business Day.
Same Day Availability. Electronic direct deposits (e.g., ACH, person-to-person transfers, and other EFTs your Deposit Account supports) will be available on the day we receive your deposit.
Next Day Availability. Funds from the following deposits are available on the first Business Day after the day we receive your deposit:
The first $200.00 of check deposits.
Second Business Day. Unless otherwise provided by this Agreement, all other funds from deposits will be made on the second Business Day after the day of your deposit.
Longer Delays May Apply. Funds you deposit may be delayed for longer than two Business Days under the following circumstances:
We believe a you initiated will not be honored;
Your deposits total more than $2,500 in any one day;
You have overdrawn your Deposit Account repeatedly in the last six months; or
There is an emergency, such as failure of communications or our systems.
If we delay availability for one of these reasons, funds may not be available until the seventh Business Day after the day of your deposit. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. If you will need the funds from a deposit right away, you should ask us when the funds will be available.
Special Rules for New Accounts. If you are a new customer, the following special rules will apply during the first 60 days your Deposit Account is open.
Funds from electronic direct deposits to your Deposit Account will be available on the first Business Day after we receive the deposit.
Funds from deposits of cash, wire transfers, and the first $2,500 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first Business Day after the day of your deposit if the deposit meets certain conditions.
The excess over $2,500 will be available no later than the ninth Business Day after the day of your deposit.
Funds from all other deposits will be available on the third Business Day after the day of your deposit.
Your Responsibility for Deposits. Even if we have made funds available to you and you have withdrawn the funds, you are still responsible for deposits that are returned to us unpaid and for any other problems involving your deposit.
ELECTRONIC FUND TRANSFER AGREEMENT
Electronic Fund Transfers: Your Rights and Responsibilities
This disclosure contains important information about your use of electronic fund transfer (EFT) services provided by the Bank in connection with your Zelf Account. Whenever you accept or authorize EFTs to your Deposit Account, you agree to these terms and conditions, in addition to any other applicable limitations in this Agreement concerning deposits to and withdrawals from your Deposit Account. Please read this document carefully and retain it for future reference.
Business Days. Our Business Days are every day except Saturdays, Sundays, and holidays on which banks in [Tennessee] are legally authorized to be closed.
Types of Available EFTs
Online ACH Transfers. You may use the App and request ACH transfers between your Deposit Account and a Linked External Account.
P2P Transfers. You can make or receive transfers between your Deposit Account and the Deposit Account of another Zelf user, using the person-to-person transfer services (P2P Transfer) provided in the App. P2P Transfers are subject to additional terms and conditions.
Limits on the Type, Frequency or Amount of EFTs. Your Deposit Account may be subject to limitations on the amount or number of withdrawals that you may make from your Deposit Account, including EFTs. Please see Article IV of this Agreement and the Truth in Savings Disclosures. For security reasons, we may also, in our sole discretion, set limits on the dollar amounts of EFTs and on the number of EFTs that may be requested or initiated. To protect the security of the Bank or your Deposit Account, we may suspend your use of EFTs, as permitted by law.
Managing Your Account Balance. You agree that the amount of any EFT debit transaction you authorize will not exceed the Available Balance in your Deposit Account used to make the transaction, or your Spending Limit. We do not have to allow any EFT that would create an overdraft in your Deposit Account. We may in our sole discretion choose to permit an EFT that would create an overdraft in your Deposit Account. If we are unable to complete an EFT or perform any other EFT service for any reason associated with your Deposit Account, the EFT or other service may not be completed and we will not notify you unless required by applicable law.
Your Rights and Responsibilities
The use of EFT services described in this Agreement creates certain rights and responsibilities regarding these services as described below.
Documentation of Your EFTs
Periodic Statements. All EFT transactions will be reported on your periodic statement. See Section II.A.8 of this Agreement for more information.
Direct Deposits. If you have arranged to have direct deposits made to your Deposit Account at least once every 60 days, the company making the deposit may tell you every time they send us the money. You may also email us at firstname.lastname@example.org to find out whether or not the deposit has been made.
Confirmation. You may write to us at email@example.com to find out whether any EFT you request was successfully completed.
Preauthorized and Other Regular (Automatic) Debits
Right to Stop Payment and Procedure for Doing So
If you have told us in advance to make regular payments out of your Deposit Account, you can stop any of the payments. Here is how:
Email to us at firstname.lastname@example.org in time for us to receive your request three Business Days or more before the payment is scheduled to be made. If you contact us to stop a payment, please have the following information ready: your account number, the date the transfer is to be made, to whom the transfer is being made, and the amount of the scheduled transfer. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We may charge you (see Fee Schedule for exact fees) for each stop-payment order you give. Stop-payment orders may expire after six months from the date of your stop-payment request, and you may be required to renew it in order to ensure its continued effectiveness.
Liability for Failure to Stop Payment of Preauthorized Transfer
If you order us to stop a preauthorized automatic debit three Business Days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Notice of Varying Amounts
If you have authorized regular payments out of your Deposit Account, and these regular payments may vary in amount, we or the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Our Refusal to Pay a Preauthorized or Other Regular (Automatic) Debit
We reserve the right to refuse to pay a regular (automatic) debit, for example, if your Deposit Account has insufficient funds to cover such transfer or if we are unable to verify the ownership of or other information about the account to which the funds will be transferred. You may write to us at email@example.com to request information about a refusal by us to pay a regular (automatic) debit.
Your Liability for Unauthorized Transfers
During your online Zelf Account set-up, you will be invited to register your phone number and create Access Credentials to protect your Zelf Account from unauthorized access. You are responsible for maintaining ownership of the mobile device associated with the phone number and security of your other Access Credentials.
Tell us AT ONCE if you believe that any Access Credentials or device you use to access your Zelf Account has been lost or stolen, that an EFT has been made without your permission, or that someone has transferred or may transfer money from your Deposit Account without your authorization. You may write to us at firstname.lastname@example.org or such other address as we may provide to you from time to time). Using our mobile chat messenger from the Zelf application is the best way of keeping your possible losses down. You could lose all the money in your Deposit Account. If you tell us within two Business Days after you learn of the loss or theft of your Access Credentials or device, your liability will be limited to $50 if someone accesses your Deposit Account without your authorization.
If you DO NOT tell us within two Business Days after you learn of the lost or theft of your Access Credentials or device, and we can prove we could have stopped someone from using your Access Credentials or device without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed 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 had you told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you grant authority to make transfers to another person who exceeds the authority granted, you are fully liable for any transfers until you notify us that transfers by that person are no longer authorized.
In Case of Errors or Questions about your EFTs
Write to us at email@example.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared.
Tell us your name and your account number (if any).
Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Deposit Account within 10 Business Days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Deposit Account.
For errors involving new Zelf Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Zelf Accounts, we may take up to 20 days to credit your Deposit 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.
Our Liability for Failure to Make a Transfer. If we do not complete a transfer to or from your Deposit Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your Deposit Account to make the transfer.
If the transfer would go over the credit limit on your overdraft line of credit, if you have one.
If an automated teller machine where you are making a transfer does not have enough cash. If a system or terminal you use to make a transfer was not working properly and you knew about the breakdown when you started the transfer.
If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
There may be other exceptions stated in this Agreement.
Charges for Transfers or the Right to Make Transfers
We may assess a fee for each EFT, or stop-payment order. Please see the applicable Fee Schedule to determine the applicable amount. The circumstances under which such charges will be assessed, as well as the amount of the charge, are included in the current Fee Schedule.
We will disclose information to third parties about your Zelf Account or the transfers you make:
Where it is necessary for completing transfers;
In order to verify the existence and condition of your Zelf Account for a third party, such as a credit bureau or merchant;
In order to comply with government agency or court orders;
To persons authorized by law in the course of their official duties;
To our employees, auditors, service providers, attorneys, or collection agents in the course of their duties;
As disclosed in our Privacy Notice; and,
If you give us your written permission.
Amendments. We may change any provision of this Electronic Fund Transfer Agreement in our discretion. If we do, we will give you notice if and to the extent required by applicable law.
Termination. We reserve the right to terminate your use of any or all of our EFT services for any reason and at any time without notifying you. You also have the right to terminate your use of the EFT services described in this Agreement at any time by calling us or writing to us. If you call, we may require you to put your request in writing and get it to us within 10 Business Days after you call. (Please note that e-mail, SMS/text or online notification will not meet the notice requirements of this section.) If you terminate your use of our EFT services and you have arranged for automatic (regular) transfers involving third parties, you are required to inform any third parties that the transfers will cease. Any termination of your use of our EFT services, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement that have arisen before the effective date of such termination.
Zelf Visa Credit Card Agreement
Before you execute this agreement, please read through these Agreement Disclosures for eligibility, fee, and other important information. Please keep this Zelf Secured Charge Card Agreement for your records. The Zelf Visa® Credit Card (“Card”) is offered by Evolve Bank & Trust, Member FDIC (“Bank”), and is distributed and serviced by Zelf Legal Name service provider Solid Financial Technologies, Inc. (“Zelf”) on behalf of the Bank. “We”, “us” and our” means Bank and its successors and assigns.
Truth In Lending Disclosures
IMPORTANT PRICING INFORMATION ABOUT YOUR ZELF CARD
Zelf Truth in Lending Disclosures
Zelf will apply the following fees or interest:
Type Interest Rate or Fee Annual Percentage Rate (APR) for Purchases and Cash Advances 0.0% Penalty APR and When it Applies 0.0%
This APR (the Penalty APR) may be applied to your account if you do not pay the minimum payment due, make a late payment, or your payment is returned and you fail to make a successful payment by the Due Date. Your entire balance will be subject to the Penalty APR.
How Long Will the Penalty APR Apply?: If your APR is increased for any of these reasons, the Penalty APR may apply until you make all your required payments and you have no amount past due.
How to Avoid Paying Interest Your Due Date is at least 21 days after the close of each Cycle. We will not charge you interest on purchases or cash advances if you pay your entire balance by the Due Date each month. Minimum Interest Charge None For Credit Card Tips from the Consumer Financial Protection Bureau To learn more about the factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at www.consumerfinance.gov/learnmore
Card Services Fees
Zelf will assess the Card procurement fees listed below at any time after Client submits its order request to Zelf.
Type Fee Initial Card Procurement Fee $0.00 per physical card with a magnetic stripe and EMV chip.
Additional service fees may apply for the type of postage.
Replacement Card Procurement Fee $5.00 per physical card with a magnetic stripe and EMV chip. Additional service fees may apply for the type of postage. Cross-border Fee 1.00% of the Transaction Amount + $0.30, per cross-border Transaction.
Applied where an Authorized Client makes a purchase in a country other than the United States.
Foreign exchange Fee 1.00% of the Transaction Amount
Applied in each instance where Zelf converts funds from one currency to another. This calculation is made on the converted amount.
Disputes Fee or Late Payment or Returned Payment $15 per occurrence Cash Advance Fee (Out of Network ATM Withdrawals)* Insert Zelf Fee
Transactions at MoneyPassâ ATMs are free
*If you use an ATM that is not a MoneyPass ATM for any transaction, including a Cash Advance or balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a transaction. This ATM fee is a third-party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Credit Account.
Information on your rights to dispute transactions and how to exercise those rights is provided in this Cardholder Agreement.
How We Will Calculate Your Balance
We figure the interest charge each Cycle by applying the periodic rate to the average daily balance (including new purchases) on the Card. To get the average daily balance, we take the beginning balance on the Card each day of the Cycle, add any new purchases, cash advances, and/or fees, and subtract any unpaid interest or other finance charges and any payments or credits. This gives us the daily balance. Then, we add up all the daily balances for the Cycle and divide the total by the number of days in the Cycle. This gives us the average daily balance. The interest charge calculated for each Card will be added to the balance on that Card, and to the total Zelf Card Balance for your Zelf Account, at the end of each Cycle.
Secured Credit (Charge) Card Account
Your Zelf Card is secured by a deposit account (“Zelf Account”) that you are required to establish and maintain in order to have the Zelf Card. Funds from your Zelf Account will be used to pay down your balance on your Zelf Card.
You may never spend more than the amount you have in your Zelf Account with your Zelf Card. We refer to this limit as the Spending Limit. Your Zelf Card is also subject to a maximum Credit Limit. See Section III.A.2 for more information. Your obligation to pay us back for all Card transactions is secured by your Zelf Account. If you do not pay us back for any amount you owe us when your payments are due, we may exercise our interest and debit your Zelf Account and you can lose the money in your Zelf Account. See the Security Agreement section for more information. You are responsible for all activity conducted on your Zelf Card.
The Zelf Card and associated Zelf Account Are Only Available Electronically
This Zelf Card and the Zelf Account are only available electronically. By applying for the Zelf Card and Zelf Account you agreed to receive all disclosures electronically. See the Zelf Electronic Communications Consent agreement. If you do not have the systems needed to receive disclosures electronically, we cannot provide this Zelf Card or the Zelf Account to you.
Negative Credit Reports
You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
California Residents: After credit approval, each applicant shall have the right to use the Zelf Card up to the limit of the account. Each applicant may be liable for amounts extended under the plan to any joint applicant.
Kentucky Residents: You may pay the unpaid balance of your Zelf Card in whole or in part at any time.
New Jersey Residents: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
New York, Rhode Island and Vermont Residents: We may obtain a consumer credit report for any legitimate purpose in connection with your Zelf Card or your application, including but not limited to reviewing, modifying, renewing and collecting on your Zelf Card. Upon your request, we will inform you of the names and addresses of any credit reporting agencies that have furnished the reports.
Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Married Wisconsin Residents: If you are married, by submitting your Zelf Card application you are confirming that this Zelf Card obligation is being incurred in the interest of your marriage and your family. No provision of a marital property agreement, unilateral statement under Section 766.59 of the Wisconsin Statutes, or court order under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If the Zelf Card for which you are applying is granted, you will notify the Bank if you have a spouse who needs to receive notification that credit has been extended to you.
Military Annual Percentage Rate Disclosures
Federal law provides important protections to active-duty members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a Zelf Card account). For more information contact Zelf at Insert Zelf Service Number.
Our Security Interest in Your Zelf Account
You hereby grant to us, as of the date you enter into this Agreement, a security interest in all right, title and interest in any Zelf Account you have with us, and all funds deposited therein, now owned or hereinafter acquired (collectively, the Collateral), to secure your performance under this Agreement, including your duty to pay us for all obligations you owe us under this Agreement, present or hereinafter occurring, when payments are due, for every transaction made with your Zelf Account by you.
Our Right to Exercise the Security Interest
You irrevocably and unconditionally relinquish possession and control over the Collateral, and you pledge and assign as security to us all of your right, title, and interest in it. You must take any action we request to perfect or protect our first lien position Security Interest in the Collateral. You waive the benefit of any homestead or other exemptions in the Collateral. The Security Interest will be governed by Uniform Commercial Code - Article 9 (as adopted by the applicable state law) whether Article 9 applies by its terms or not. We do not have to give you any prior notice to apply the funds in your Deposit Account or other Collateral or its proceeds to satisfy your obligations. You expressly agree that our rights under this Security Agreement extend to any electronically deposited federal or state benefit payments (including Social Security benefits) to the extent permitted by law. If you do not want your benefits applied in this way, you may change your direct deposit instructions at any time with the person or organization paying the benefits. In addition, you grant us a right of setoff to your Zelf Account to secure all amounts you owe us under this Agreement. This right of setoff does not apply to your Zelf Account if prohibited by law. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff or Security Interest.
What Happens When You Spend Money
When you make a transaction on a Zelf Card, an equivalent amount of funds in the Zelf Account will be classified as Spent Money. The Spent Money will remain in your Zelf Account, but you will not earn interest on it. When you make a payment on your Zelf Card, an amount of the Spent Money equal to the amount of the payment will no longer be classified as Spent Money. You authorize us to limit your ability to withdraw or transfer all or part of the funds in your Zelf Account, up to the amount of funds classified as Spent Money, as reasonably necessary to ensure that your Zelf Card Balance (defined below in Section III.A.2) and total of other transactions on your Zelf Account do not exceed the Available Balance (defined below in Section III.A.2) in your Zelf Account at any given time, and to preserve our rights under this Security Agreement.
YOU MAY LOSE FUNDS IN YOUR ZELF ACCOUNT
If you are in default of any obligation under this Agreement, or your Zelf Account is closed for any reason, you authorize us to withdraw funds from your Zelf Account and apply such amounts to the balance you owe us without sending you notice or demand for payment. We may do this in addition to the other rights we have under law or this Agreement. The application of your funds to the balance you owe under this Agreement will not affect your obligation to pay us in full. You are responsible for the repayment of all amounts you owe us under this Agreement.
You represent that (a) there are no current lawsuits or bankruptcy proceedings that might affect our interest in your Zelf Account; and (b) you have not and will not attempt to transfer any interest in your Deposit Account to any other person or offer your Zelf Account as collateral or security for any other obligation. If any person seeks to attach your Zelf Account, for example by legal garnishment, you agree that we may deem all amounts you owe us, including any unpaid Zelf Card Balance (defined below in Section III.A.2), immediately payable and apply the funds in your Zelf Account as payment of those amounts. If we must hire an attorney to defend or enforce our rights under the Security Agreement, you will pay our reasonable attorneys' fees and court costs, unless prohibited by law.
Zelf CARD TERMS
A Zelf Card is a credit card. It is not a debit card, and you do not access the money in your Zelf Account when you use a Zelf Card. All credit we extend to you is secured by your Zelf Account. If you do not pay us back for transactions you make with your Zelf Card(s) when your payments are due, we may exercise our Security Interest and withdraw the amount you owe us from your Zelf Account. You can lose the money in your Zelf Account. Refer to the Security Agreement section (II) for more information.
Your Zelf Card
The following rules apply to your use of a Zelf Card
You must sign the Zelf Card when you receive it
You must return the Zelf Card to us or destroy it if we ask you to.
You must take reasonable action to prevent the unauthorized use of your Zelf Card.
We are not responsible for any losses you incur if anyone refuses to accept your Zelf Card for any reason.
We may decline to authorize a transaction for any reason.
We are not responsible for any losses you incur if we do not authorize a transaction.
You must not use, or try to use, the Zelf Card for any illegal activity.
You will only use your Zelf Card for personal use, not business purposes.
We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control.
Credit Limit and Available Credit
Credit Limit. We will assign a Credit Limit to your Zelf Card Account. A Credit Limit is the maximum amount of credit we may extend to you when you use your Zelf Card(s). The total outstanding unpaid balance you owe on your Zelf Card(s) (Zelf Card Balance) may never be greater than your Credit Limit. You are responsible for keeping track of your Zelf Card Balance.
Spending Limit. All transactions on your Zelf Card(s) are subject to the applicable Spending Limit.
Available Credit. Your Available Credit is the amount of credit that is available for you to make transactions with your Zelf Card(s) at any given time. Your Available Credit is equal to the Available Balance in your Zelf Account, minus the Spent Money, up to your Credit Limit.
Rules. You can use the App or email us at firstname.lastname@example.org to view your Zelf Card Balance, Spending Limit, and Available Credit at any time. While we do our best to provide the most up-to-date information about your Zelf Account, there may be some delay in reflecting new transactions, and we cannot guarantee that the accuracy of this information in the App and by phone. You are responsible for keeping track of your Zelf Card Balance, Spending Limit, and Available Credit. Our general practice is to decline transactions that will cause you to exceed your Credit Limit, Spending Limit or Available Credit. If we do honor these transactions, you are responsible for paying us back in full immediately, and these limits will not increase. We may increase or decrease your Credit Limit, Spending Limit, or Available Credit at any time, in our sole discretion. We are not required to extend credit up to your maximum Credit Limit, if it would cause you to exceed your Available Credit or your Spending Limit.
Using Your Zelf Card
Personal Use Only. You agree that the Zelf Card will be used primarily for personal, family and household purposes only and not for business use. You may not use the Zelf Card for illegal gambling or any other illegal transaction. We reserve the right to cancel, close or restrict use of the Zelf Card and Zelf Account, including by refusing the processing of any transaction, if we believe you have violated this Agreement or any applicable law.
Point of Sale Purchases. You may use your Zelf Card to make purchases at points-of-sale.
Using a PIN. We may give you a personal identification number (PIN). For security reasons, you may have to provide the PIN before you are able to use your Zelf Card. Keep your PIN secure. Do not write it down, give it to anyone, or keep it with your Zelf Card. If you lose your Zelf Card or believe the confidentiality of your PIN has been compromised for any reason, you must contact us immediately.
Foreign Transactions. The Zelf Card may only be used to conduct transactions within the 50 United States, District of Columbia and U.S. Territories (Puerto Rico, Guam, Northern Marianas, the U.S. Virgin Islands, and American Samoa). The Zelf Card may be used to conduct international transactions, including, without limitation, transactions conducted on international merchant websites or mobile applications accessible within the United States; provided the merchant accepts the Visa or any other logo on the Zelf Card. All debits to your Zelf Account will be posted in U.S. dollars. Transactions made in a foreign currency are converted into U.S. dollar amounts by Visa, using its then current currency conversion procedure and rate. The currency conversion rate used on the processing date may differ from the rate in effect on the transaction date or periodic statement posting date. Foreign transactions are subject to foreign transaction fees, as set forth in Exhibit 1, and will be included in the amount charged to your Zelf Card.
Card Not Present Transactions. If you initiate a transaction without presenting your Zelf Card (such as for a mail order, internet or telephone purchase or an ACH debit), the legal effect will be the same as if you used the Zelf Card itself. For security reasons, the amount or number of such transactions you may make may be limited.
Rewards. Your Zelf Card may provide you with the opportunity to earn rewards. If it does, we will separately provide you with information and terms about the rewards.
Lost or Stolen Card. If your Card is lost or stolen or if you think someone else may be using your Zelf Account, Card, or Access Credentials without your permission, you must contact us immediately at email@example.com
Returns and Refunds. If you are entitled to a refund for any reason for goods or services obtained with the Zelf Card, you agree to accept credits to your Zelf Account for refunds and agree to the refund policy of the merchant. Neither the Bank nor Program Manager is responsible for the delivery, quality, safety, legality or any other aspects of the goods or services you purchase from others with the Zelf Card. If you have a problem with a purchase you made with the Zelf Card, or if you have a dispute with the merchant, you must handle it directly with the merchant. The amounts credited to your Zelf Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
Authorized Users. You are liable for all transactions made with your Zelf Card or Zelf Account, and all related fees or expenses incurred, by you, all Authorized Users, and any other person that you or an Authorized User permits to use or have access to your Zelf Account, Zelf Card, or any other Access Credential.
Daily Transaction Limits. In addition to your Zelf Card Credit limit and Spending limit, your Zelf Card has the following daily transaction limits.
Transaction Type Dollar Limit per Day Points of Sales (Merchants) Transactions $1,000 daily ATM Cash Advance (Withdrawal) $500 daily
Interest and Fees
Interest and Fees. We will charge interest and fees to as disclosed in the Truth in Lending Disclosures of this Agreement, subsequent disclosures, Statements, any change in terms notices, and in the Fee Schedule provided with this Agreement. In general, interest begins to accrue from the day a transaction occurs. However, we will not charge you interest on any new transactions if you pay the total Zelf Card Balance you owe on your Zelf Account in full by the Due Date on your Statement each month. If you miss a required payment, make a late payment, or a payment is returned and you fail to successfully make the required payment by the Due Date, the Penalty APR may apply to your entire Zelf Card Balance (including amounts that are not past due), except for late fees, until you pay all overdue amounts, except as prohibited by law.
Balance Computation Method. For each Zelf Card associated with your Zelf Account, we figure the interest charge each Cycle by applying the periodic rate to the average daily balance (including new purchases) on the Zelf Card. To get the average daily balance, we take the beginning balance on the Zelf Card each day of the Cycle, add any new purchases, cash advances, and/or fees, and subtract any unpaid interest or other finance charges and any payments or credits. This gives us the daily balance. Then, we add up all the daily balances for the Cycle and divide the total by the number of days in the Cycle. This gives us the average daily balance. The interest charge calculated for each Card will be added to the balance on that Zelf Card, and to the total Zelf Card Balance for your Zelf Account, at the end of each Cycle.
Late Payment Fee. We may charge you a late payment fee if we do not receive your payment as instructed on your Statement by the Due Date. The amount of the late payment fee is set forth in the Fee Schedule.
Returned Payment Fee. We may charge you a returned payment fee each time your payment to us is returned unpaid for any reason. The amount of the returned payment fee is set forth in the Fee Schedule.
Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the payment network will convert it into a U.S. dollar amount. The payment network will use its own currency conversion procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date that appears on your Statement. We do not adjust the currency exchange rate. There will be a charge for any currency conversion and will be disclosed in Fee Schedule.
Your Promise to Pay. You promise to pay us all amounts due on your Zelf Account by each Due Date set forth on your Statement. This includes amounts where you did not sign a purchase slip or other documents for the transaction. We will treat transactions made without presenting your physical card (such as for mail, telephone, Internet, or mobile device purchases) the same as if you used the Zelf Card in person. If you let someone else use your Zelf Account, you are responsible for all transactions that person makes.
Minimum Payment. You must pay us the payment amount listed on your Statement by the Due Date. In addition to the payment, you may pay all or part of the total balance on your Zelf Card. But, you must still pay at least the minimum payment amount each month, even if you paid more than the minimum payment due on the previous Statement.
Payment Methods. Your payment must be made in U.S. dollars from a U.S. deposit account. You must use one of the following payment methods:
Preauthorized Automatic Payments (AutoPay). When you sign up, or by using the App, you may elect to make payments on your Card(s) using AutoPay. If you select AutoPay, you authorize us to make recurring debits from your Deposit Account or ACH transfers from a Linked External Account you select, on each Due Date, in the amount of the payment due (or another amount you select), as set forth on each Statement. You also authorize us to debit or credit your selected payment method as needed to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by law.
One-Time Transfer. You may use the App to authorize us to make a one-time transfer to us from your Deposit Account or ACH transfers from a Linked External Account on or before each Due Date. You also authorize us to debit or credit your selected payment method to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by law.
We may permit additional payment methods from time to time. We may reject any payment not made in accordance with this section.
Effect of Payment on Spending Limit. When you make a payment towards your Zelf Card Balance from a payment method other than a transfer from your Zelf Account, your Spending Limit on your Zelf Account will increase in an amount equivalent to your payment. We may delay the change in your Spending Limit until we confirm that your payment has cleared. This may happen even if we credit your payment. If you have elected to make payments from the Zelf Account associated with your Card, your Zelf Account balance and your Spent Money will be reduced by the amount your payment, and your Spending Limit on the Zelf Card will not increase.
Payment Processing. We may accept and process payments without losing any of our rights. If your payment is returned unpaid for any reason, you authorize us to re-initiate the payment you authorized up to two additional times. We also reserve the right to debit the returned payment amount back to the balance on your Zelf Card.
How We Apply Your Payments. Payments are first applied to any past-due amount (except late fees), then to your current minimum payment due. Payments in excess of your minimum payment due will be applied to any outstanding interest and fees, then the remainder your Zelf Card Balance. If you do have any past-due Zelf Card Balance (other than late fees), any payment you make will first be applied to such past-due amounts, and any remaining amount will be applied to the remaining Zelf Card Balance you selected for payment. We may adjust your Zelf Card Balance, Zelf Account balance, or Spending Limit as reasonably necessary to correct errors, process returned and reversed payments, and similar issues.
Credit Balances. We may reject and return any payment that creates or adds to a credit balance on your Zelf Card. Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new charges. You may write to the address provided on your Statement or email us at firstname.lastname@example.org to request a refund of any available credit balance greater than $1.00.
Your Zelf Card Billing Rights
This section applies to billing errors with your Zelf Card. If you believe there is an error related to a transaction to or from your Zelf Account, please see the Electronic Fund Transfer Agreement. This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement. If you think there is an error on your Statement, write to us at:
Zelf Mailing Address
You may also contact us at email@example.com
In your letter, give us the following information:
Account information: Your name and last 4 digits of your Zelf Card Number.
Dollar amount: The dollar amount of the suspected error.
Description of Problem: If you think there is an error on your Statement, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your Statement.
To stop a scheduled payment on an amount you think is wrong, you must contact us at least three Business Days before the scheduled payment date.
You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Notice
When we receive your notice, we must do two things:
Within 30 days of receiving your notice, we must tell you that we received your notice. We will also tell you if we have already corrected the error.
Within 90 days of receiving your notice, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error, the following are true:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your Statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question, or any interest or other fees related to that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your Zelf Card Balance.
We can apply any unpaid amount against your Spending Limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question, or any interest or other fees related to that amount.
If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe, and the date payment is due. We may then report you as delinquent if you do not pay the amount, we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your Zelf Card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
You must have used your Zelf Card for the purchase. Purchases made with cash advances from an ATM do not qualify.
You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at the address listed above.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
If we provide you a credit for all or part of a disputed transaction, you give us all of your rights against others regarding that transaction. You will also: (a) give us any information about the disputed transaction, if we ask; (b) not pursue any claim or reimbursement of the transaction amount from the merchant or any other person; and (c) help us get reimbursement from others. If we reimburse you for unauthorized transactions, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents in a form that we request.
No Warranties. We are not responsible for any claim you may have regarding the purchase of goods or services made with your Zelf Card beyond your rights described in this section and on your Statement.
Events of Default. Your Zelf Card will be in default if:
You do not make a minimum payment when it is due;
Any required payment you make is rejected, not paid or cannot be processed;
You exceed your Credit Limit;
You file or become the subject of a bankruptcy or insolvency proceeding;
You are unable or unwilling to repay your obligations, including upon death or legally declared incapacity;
We determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us;
You revoke your consent to receive records, disclosures, and other communications electronically;
You do not comply with any term of this Agreement or any other agreement with us;
You relocate outside the United States; or
We receive a garnishment, attachment or other levy upon your Zelf Account, or the Zelf Account is subject to any other legal proceeding.
Consequences of Default. If you are in default, we may take certain actions with respect to your Zelf Account. For example, we may take the following actions, without notifying you, unless the law says that we must give you notice:
Close or suspend one or more of your Zelf Card(s), or your entire Zelf Account;
Reduce your Credit Limit or Spending Limit;
Demand that you immediately pay the Zelf Card Balance;
Continue to charge you interest and fees (as set forth in the Truth in Lending Disclosures) as long as your Zelf Card Balance remains outstanding; and/or
File a lawsuit against you, or pursue another action that is not prohibited by law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees, unless the law does not allow us to collect these amounts.
Adding a Card. You can add your Zelf Card to a digital wallet by following the instructions of the digital wallet. The digital wallet may not be accepted in all places where your Zelf Card is accepted. We may terminate the ability for you to add the Zelf Card to a digital wallet at any moment.
Remove Your Card from the Digital Wallet. You should contact the digital wallet provider to remove a Zelf Card from the digital wallet. We can end or suspend your ability to use a Zelf Card with the Digital Wallet at any time.
Card Responsibility. You are solely responsible for maintaining the security of your digital wallet credentials (including user identification, password or other access credentials). If you share these credentials with any other person, you expressly authorize them to access your personal information, access your accounts and initiate charges to your Zelf Card(s) using the digital wallet service.
Fees. We currently do not impose a fee for using your Zelf Card at a Digital Wallet, but we reserve the right to impose a fee in the future. Please note that a Digital Wallet provider or another third party enabling or associated with your use of a Digital Wallet may charge a fee for using your Zelf Card(s) in a Digital Wallet.
No Liability for the Digital Wallet. We are not provider of the digital wallet and we are not responsible for providing the digital wallet service to you. We are only responsible for supplying information securely to the digital wallet provider to enable usage of the Zelf Card in such digital wallet. We are not responsible for any failure of the digital wallet or the inability to use the digital wallet for any transaction. We are not responsible for the performance or non-performance of the digital wallet provider or any other third parties regarding any agreement you enter into with the digital wallet provider or associated third‐ party relationships that may impact your use of the digital wallet. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK, AND WE ARE NOT RESPONSIBLE FOR THE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, OR ACCURACY.
Zelf Card Cancellation, Suspension and Limits and Card Replacement
We reserve the right, at any time and in our sole discretion, to limit your use of the Zelf Card, including limiting or prohibiting specific types of transactions. The Bank may refuse to issue a Zelf Card, revoke Zelf Card privileges or cancel your Zelf Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Zelf Card, you may do so by calling [Insert Zelf Number] or the number on the back of your Zelf Card. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Zelf Card. The cancellation of Zelf Card privileges will not otherwise affect your rights and obligations under this Agreement. Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of their rights under this Agreement without losing them.
If you need to replace the Zelf Card for any reason, call [Insert Zelf Number] or send an email to [Insert Zelf Email] to request a replacement. You will be required to provide personal information which may include the last four digits of your Zelf Card number, your full name and knowledge of the Zelf Card transaction history. If you believe the Zelf Card has been lost or stolen, you may immediately disable it by calling us at [Insert Zelf Number]. We may cancel any Zelf Card that has been disabled for sixty (60) calendar days or longer.
Disclosure of Information to Third Parties
This Section sets forth the circumstances and procedures under which Claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.
Definitions: As used in this Arbitration Section, the term “Claim” means any claim, dispute or controversy between you and Bank, Program Manager or any of their agents or retailers, arising from or relating to the Zelf Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Section or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Zelf Card, or the Zelf Cards of any additional cardholders designated by you; (ii) the amount of available funds on the Zelf Cards; (iii) advertisements, promotions or oral or written statements related to the Zelf Cards, goods or services purchased with the Zelf Cards; (iv) the benefits and services related to the Zelf Cards; and/or (v) your enrollment for any Zelf Card. As used in this Arbitration Section, the terms “we” and “us” shall for all purposes mean the Bank, Program Manager, their respective wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns, and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Zelf Cards (including, but not limited to merchants who accept the Zelf Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Section, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Zelf Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.
Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
Significance of Arbitration: 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 DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION, EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Location of Arbitration/Payment of Fees: Any arbitration shall take place in Memphis, Tennessee, unless otherwise agreed in writing by the parties. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
Arbitration Procedures: This Arbitration Section is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
Continuation: This Arbitration Section shall survive termination of your Zelf Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Section is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Section, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
The Card and your obligations under this Agreement may not be assigned. The Bank may transfer its rights under this Agreement. Use of the Zelf Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. The Bank does not waive its 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 Tennessee except to the extent governed by federal law.
By activating the Zelf Card or by retaining, using or authorizing the use of it, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a jurisdiction where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the fifty (50) states of the United States (“U.S.”) 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 you provide to us in connection with the Zelf Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Zelf Card.
The terms and conditions of this Agreement may be revised by posting a revised version here [Hyperlink To Zelf Landing Page With The Agreement]. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, the Bank or Program Manager can implement such change without prior notice. We may cancel or suspend the Zelf Card or this Agreement at any time. You may cancel this Agreement by returning the Zelf Card to the Bank. Your termination of this Agreement will not affect any of the Bank’s or Program Manager’s rights or your obligations arising under this Agreement prior to termination. In the event your Zelf Card is cancelled, closed or terminated for any reason, any remaining available funds associated with the Zelf Account will be returned to you, subject to any contrary provision in this Agreement and applicable law.