Payroll Card Terms and Conditions

Definitions

“Agreement” means these Nevada Federal Credit Union Payroll Card Terms and Conditions. “We,” “us” and “our” refer to Nevada Federal Credit Union. “You” and “your” refer to the person in whose name a Card is issued. “Card” means the Nevada Federal Credit Union Payroll Card obtained from us. Our “Business Days” are Monday through Friday; bank holidays are not included. “State” means the State of Nevada.

Agreement Amendments

We agree to maintain the Card for you and to perform according to this Agreement. By signing, activating, or using the Card or by permitting anyone else to use the Card, you agree to the provisions of this Agreement, which is subject to amendment, and further agree that this Agreement is binding on your successors, representatives, and assigns. We may from time to time adopt new or amended provisions which will be effective after notice has been posted on our Web site (https://payroll.solspark.com/nfcu) or as otherwise permitted by law. Provisions changed pursuant to Credit Union regulatory authority shall be effective per such regulation without further notice.

Card Not NCUA Insured

Your Card is not a deposit account, and the value loaded on your Card is not insured by the National Credit Union Administration (NCUA) or any other federal or state agency.

Your Employer

You acknowledge that you have previously agreed with your employer to receive all or a portion of your wages, salary, or other compensation from your employer by means of funds loaded onto the Card. Your employer is responsible for instructing the Credit Union to load the amount of funds designated by your employer onto the Card each pay period or as otherwise agreed. Once the funds are loaded onto the Card, the funds belong to you, and you may use the Card for the type of trans¬actions described in this Agreement.

We will load funds onto your Card as and when directed by your employer and funds are provided to us. We are not responsible for any delay in loading funds or failure to load funds to your Card caused by your employer.

Ownership of the Card

The Card is and will remain our property. However, you will be solely and completely responsible for the possession, use, and control of the Card. You must surrender the Card to us immediately upon request.

Use of the Card

This is a prepaid Card that may be used to make both signature-based (non-PIN) and PIN-based purchases or leases of goods or services from retail merchants that elect to honor this card or cash withdrawals at ATMs, which accepts this card. When the Card is used for a signature-based Transaction a PIN is not needed for identification of the User or for authorization of the Transaction. The PIN issued with this Card will be required for any PIN-based purchases at any ATM or retail location, which allows PIN-based transactions. Generally, cash cannot be received back from any Merchant in any signature-based (non-PIN) Transaction. You may not transfer this Card. Once the value of the Card is fully used, the Card will no longer be usable for any Transaction until additional monies are loaded onto the card. This Card represents a general liability of the Credit Union. The money pre-paid is not a deposit and does not establish a separate individual NCUA insured account at the Credit Union. You cannot link the Card to any deposit or credit account you may have at the Credit Union or any other financial institution. This Card may be reloaded by your employer only. Since the Card’s value has been prepaid, you should treat it the same as cash. The Card may not be used for Internet lottery, betting, or gambling transactions or for any illegal transactions.

Honoring Transactions; Negative Balances

When there is a sufficient balance on the Card, we will honor transactions initiated or authorized by you. We may dishonor a transaction when the Card has an insufficient balance. We may charge the Card for all transactions you initiated or authorized, even though a negative balance may be created, but we have no obligation to permit a negative balance on the Card. You will be liable for any negative balance on the Card. Certain types of merchants, such as restaurants, gas stations (fuel dispensers), car rental agencies, and hotels, may obtain an authorization which may exceed the actual amount of your purchase. If the amount of the authorization exceeds the value remaining on your Card, your transaction may not be honored, even though the value remaining on your Card is sufficient to cover the actual amount of your purchase.

Additional Deposits

Nevada Federal Credit Union will not accept any deposits via wire transfers, cash or printed checks. Any printed checks sent to us will be returned or destroyed. Only payroll funds directly deposited by your employer will be accepted as a credit to your Payroll Card.

Types of Available Transfers

You, or someone you have authorized by giving them the Card, may use the Card to:

1. Pay for purchases or services at places that have agreed to accept the Card.
2. Obtain cash from automated teller machines (ATMs).
3. Authorize us to automatically debit your Card by means of preauthorized and other electronic transactions. Some of these services may not be available from us at all times nor at all terminals at all times.

Limitations on Transfers

Certain limits exist on the amount, which may be withdrawn from different ATM or point of sale (POS) terminals each day. During any interruption of an electronic transaction service, the dollar amount and frequency may be reduced.

There may be other limitations on the types, frequency, timing, and amount of electronic transactions established by us from time to time, without notice, for security purposes.

Our Obligation for Failure to Make Transfers

If we do not complete a transfer from the Card on time and in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

1. If, through no fault of ours, you do not have enough money on the Card to make the transfer.
2. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
3. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
4. There may be other exceptions stated in this or other applicable account or electronic transfer service agreements with you.

Foreign Transactions

The rate of exchange for international transactions using the Card is the wholesale market rate or government mandated rate in effect one day prior to the transaction date, and increased by 1%.

Our Right of Offset

We have the right to offset against the Card for any indebtedness owed by you to us, whether individually or jointly owed. We may offset against the Card either before or after your death and without demand or notice to you. We will not be liable for any dishonor of a transaction that results.

Returns and Refunds

In the event you need to return an item you purchased with your Card, the merchant will handle the return in accordance with VISA guidelines. The merchant may credit back your Card, provide a cash refund or issue a store credit.

Our Security Interest in the Card

You grant a security interest in the Card to us and our affiliates for any and all indebtedness owed by you to us or to our affiliates, however and whenever incurred or evidenced. Such security interest is not in derogation or substitution of our right to offset against the Card.

Notices

Notices from you to us will be effective upon our receipt and processed in a timely basis. Notices to you from us will be effective upon mailing to the last known address shown by our records or as otherwise provided in this Agreement.

Cancellation of the Card; Terminating Access

We may cancel the Card or terminate electronic access to the Card with or without cause and without prior notice to you.

Documentation of Transactions

The Cardholder can get a receipt at the time the Cardholder enters into any transaction using the Card at an ATM or POS terminal.

A monthly account statement will be made available to you. Receipts and statements will constitute admissible evidence. You agree to retain your receipt to verify your transactions.

Your Duties and Liabilities

You agree to examine each statement (and enclosures) and any Card information provided to discover any unauthorized transactions or errors, and you agree to notify us in writing thereof without delay. Except as provided in Notification of Lost or Stolen Card or In Case of Errors or Questions About Your Transactions below, if you fail to meet any of the requirements of the previous sentence:

• within 14 calendar days after the statement or Card information was made available, you will be precluded from asserting against us:
  1. any error or unauthorized transaction, if we will suffer a loss as a result of your failure to meet the requirements of the previous sentence; or
  2. any unauthorized transaction by the same person if we paid the transaction after the 14-day period.

If you fail to notify us in writing of any claim within one year after such claim accrues, you will be precluded from asserting such claim. For any claim arising under this Agreement, you agree to make timely claim against all applicable policies of insurance and, if requested by us, to file a police report. You agree not to assign to any third party any claim of yours against us relating to any transaction, and any such assignment shall be void.

Ownership and Withdrawal Disputes

If ownership of or the right to use the Card becomes in dispute for any reason, we, in our discretion, may refuse to authorize transactions or refund any portion of the balance until the dispute is settled.

Card is Non Transferable

Any rights in the Card are non transferable except in accordance with applicable federal regulations. No assignment, encumbrance or other transfer of the Card will be valid unless our written consent has first been obtained and a memorandum thereof is entered on our records.

Service Charges for Electronic Transfers; Fees and Penalties

We will charge the Card for electronic transfer service charges according to this Agreement. You agree to pay the fees and penalties assessed by us according to this Agreement. All fees and penalties (when applicable) will be automatically assessed against the Card, and you will be responsible for any deficiency.

Overdrafts

Because the Card may be used for non-PIN based purchases, under certain conditions it may be possible for a User to charge more than the prepaid amount (overdraft). In such circumstances, the Credit Union will hold both the User and the Purchaser liable for such overdrafts and associated fees charged by the Credit Union. We have no obligation to allow any Overdraft. However, if an Overdraft is inadvertently authorized by us, you agree to repay in full, promptly upon our demand, the amount of any and all Overdrafts, plus accrued interest thereon until paid in full at the highest rate permitted by applicable law, plus all reasonable attorney fees, collection expenses and court costs and expenses to the extent permitted by law. If you are a customer with a deposit account at Nevada Federal Credit Union, you hereby agree the Credit Union may deduct any overdraft amount against any such Nevada Federal Credit Union account of yours. The Credit Union reserves the right to charge more than the prepaid amount or remaining balance. An Overdraft fee of $30.00 will be charged.

Card Expiration; Refund

The Card is valid until the expiration date which appears on the Card. However if appears that no value has been loaded onto the Card or that the Card has not been used within six months of the expiration date on the Card, a new Card will be issued to you with a new expiration date. If the Card is not renewed or if at any time you want to cancel the Card, and any funds remain on the Card, write to us at Nevada Federal Credit Union, P.O. Box 15400, Las Vegas, Nevada 89114-5400, for a refund of the remaining funds, less applicable fees. The refund will be sent to you at your address on our Card records, or, if there is no address on our Card records, at the address you provide in your letter.

Disclosure of Card Information

We may disclose information about the Card or the transfers made:

1. Where it is necessary for completing transfers; or
2. In order to verify the existence and condition of the Card for a third party such as a credit bureau or merchant; or
3. In order to comply with government agency or court orders; or
4. If we cancel the Card due to a deficient balance or to protect or enforce our legal rights; or
5. If we otherwise deem appropriate, to the extent permitted by law.

Unclaimed Funds

The balance on the Card may become unclaimed funds escheatable to the State if, as shown by our records, you have not, within the statutory period, caused any activity or received any payments with regard to the Card, indicated any interest in the Card, corresponded with us concerning the Card, or otherwise indicated an interest in the Card as evidenced by a writing on file with us, or transacted any business with us.

Customer Contact

You agree that you and Nevada Federal Credit Union have an established business relationship and, unless otherwise prohibited by law, that Nevada Federal Credit Union may contact you to offer you products and services that Nevada Federal Credit Union thinks may be of interest to you. Such contacts are not unsolicited, and Nevada Federal Credit Union may contact you with an automated dialing and announcing device or by fax, e-mails or other form of electronic communication and we may monitor telephone calls with you to assure quality service.

Waiver

Failure by us to exercise any of our rights under this Agreement shall not be a waiver of any of our rights.

Severability

In the event that one or more provisions of this Agreement shall for any reason be held invalid or illegal, such holding will not affect the enforceability of any other provision.

Force Majeure

We will have no liability for any delays or failure of performance caused in whole or in part by fire, labor disputes, power failures,acts or omissions of civil authorities, civil disturbances, computer malfunction, or any causes beyond our control.

Limitation of Liability

You agree that in performing the duties imposed under this Agreement in no event will we be liable for any consequential, indirect or special damages.

Governing Law

This Agreement will be governed by federal law and where not in conflict with federal law, the laws of the State of Nevada, without regard to conflict of law principles.

Notification of Lost or Stolen Card

Tell us AT ONCE if you believe your Card has been lost or stolen. If you believe your Card has been lost or stolen or that someone has transferred or may transfer money from the Card without permission, call us at: (866) 453-5338 or write to us at: Nevada Federal Credit Union, P.O. Box 15400, Las Vegas, Nevada 89114-5400. You will not be liable for any unauthorized use of your Card if you notify us of the unauthorized use on a timely basis in accordance with the paragraph entitled “Your Duties and Liabilities” in the Agreement above or as provided in the paragraph entitled “In Case of Errors or Questions About Your Transactions” below, whichever is longer.

In Case of Errors or Questions about Your Transactions

Telephone us at: (702) 457-1000 or (800) 388-3000 or Pahrump (775) 751-9800 or Reno (775) 827-3880 or write to us at: Nevada Federal Credit Union, Attn: Central Operations, P.O. Box 15400, Las Vegas, Nevada 89114-5400 or fax your letter to (702) 641-4270, as soon as you can, if you think your statement is wrong or if you need more information about a transaction listed on your statement. We must hear from you no later than sixty (60) days after your statement was FIRST made available or you obtained the receipt on which the error or problem appeared.

Tell us your name and Card number.

1. Describe the error or the 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.
2. Tell us the dollar amount of the suspected error.
3. Tell us the date, time, and location of the suspected error.

If you tell us orally, we may require that you send us a confirmation of your complaint or question in writing within ten (10) Business Days.

Confidentially and Privacy

The Credit Union does not share your private information except as necessary to effect, administer, or enforce a transaction that you request or authorize, or in connection with servicing or processing a transaction that you request or authorize.

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