Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY

Terms and Conditions/Definitions for the opt+® Visa® branded Prepaid Debit Card

This document constitutes the agreement (" Agreement") outlining the terms and conditions under which the opt+® Visa ® branded Prepaid Debit Card has been issued to you. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. "Card" means the opt+® Visa ® branded Prepaid Debit Card issued to you by Axiom Bank. "Issuer" means Axiom Bank or its depository institution affiliate. The Issuer is an FDIC insured member institution. "Card Account" means the records we maintain to account for the value of claims associated with the Card. "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Our business days are Monday through Friday, excluding federal holidays, even if we are open. Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Please read this Agreement carefully and keep it for future reference.

Authorized Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card, Card number and/or PIN, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

Activating Your Card

You will not receive a Personal Identification Number ("PIN") with your Card Account. However, you can set a PIN through the IVR, Customer Website or by calling Customer Service. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers."

To activate a Non-Personalized Card or Personalized Card, visit the Website at MyOptPlus.com or call Customer Service at 1-866-331-3063. Once your Non-Personalized Card is activated, we may issue and mail a Personalized Card to you. Once you activate your Personalized Card, your Non-Personalized Card will be deactivated, and any funds associated with your Non-Personalized Card will be transferred to your Personalized Card. We may refuse to activate your Card if your Card or your PIN is reported lost or stolen. You must activate your Personalized Card by the method described above, whether or not you previously received and activated a Non-Personalized Card.

The Bank Secrecy Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card account. What this means for you: During the card issuance and activation process for any Card, we will ask you to provide certain identification information including your name, address, date of birth, and other information that we may require to identify you. We may also ask to see your driver's license or other identifying documents. You must provide us with verifiable identification information. We will use the information to verify your identity and to activate your Card. Please see our Privacy Policy for further information. We will compare your personal identifying information with certain information provided by the U.S. government and other authorities as required by law and may in our sole discretion decline to activate your Card based on such information. We may make such comparisons from time to time and may, in our sole discretion, cancel your Card at any time. If permitted by law, we will refund the balance on your Card.

Although no credit history is required to obtain a Card, you authorize us to obtain information about you from time to time from credit reporting agencies and other third parties in accordance with applicable law. You agree that we may monitor and record your telephone and electronic communications with us at any time, without further notice to you or any party to the communication.

To deactivate your Card, you must provide us the information that you previously supplied us to validate your identity, as discussed above. Call us toll free at 1-866-331-3063 or write to us at the following address:
Opt +
Attn: Deactivation Dept.
PO Box 319
Maize KS 67101

Cash Access

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine ("ATM") or any Point-of-Sale ("POS") device, as permissible by merchants that bears the Visa® or Interlink® Acceptance Marks. All ATM transactions are treated as cash withdrawal transactions. The maximum cumulative daily amount: (a) that may be withdrawn from one or more ATMs using your Card is $900, or as otherwise set by the ATM owner, (b) that may be withdrawn through an over-the-counter withdrawal from a participating bank or other financial institution using your Card is $2,500, and (c) that may be withdrawn through a point of sales withdrawal from a participating merchant using your Card is $2,500.

Loading Your Card

You may add funds to your Card, called "value loading", at any time. Value will be "loaded" or added to the Non-Personalized or Personalized Card after it has been activated and the authenticity of the Card and/or "load" instruction has been verified. You can add ("reload") additional value to your Card in any of the following ways: (a) via cash at any Designated Loading Partner load center; or (b) direct deposit to the Card through an Automated Clearing House (ACH) funds transfer. To obtain a list of Designated Loading Partners and retail load locations, or direct deposit information, log in to the Website at MyOptPlus.com or call 1-866-331-3063. A load or reload fee may apply for each load or reload. Direct deposit loads are free. The minimum amount of the initial load and each reload transaction load is $10.00. The maximum amount of the initial cash load and each cash reload is $5,000 per transaction, with a total cumulative cash load/reload limit of $5,000 per day. The maximum amount of value that can reside on the Card at any time is $15,000. The maximum number of times you may load or reload your Card per day is five (5), except that a direct deposit that we receive after you have made 5 reload transactions in a day may be accepted if it does not cause you to exceed the Card limit of $15,000. We may increase or decrease these limits from time to time in our sole discretion without prior notice to you. We will limit the number of Cards provided to you. We reserve the right to accept or reject any request to load or reload value to the Card at our sole discretion. With the exception of reloads performed through direct deposit, the Card may only be reloaded by the Cardholder. AN UNAUTHORIZED USER MAY NOT RELOAD FUNDS TO THE CARD.

If you are a party to an Automated Clearing House ("ACH") entry, you agree to be bound by the rules and regulations of the National Automated Clearing House Association ("NACHA") Operating Rules, the Rules of any local ACH, and the Rules of any other system through which the entry is made.

Provisional Payment. Credit we give you with respect to an ACH credit entry is provisional until we receive final settlement for that entry through a Federal Reserve Bank. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making the payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.

Notice of Receipt. Under the operating rules NACHA, which are applicable to ACH transactions involving your account, we are not required to give next day notice to you of receipt of ACH item and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statements we provide you.

Using Your Card/Features

The maximum amount that can be spent on your Card per day is $5,000. The maximum value of your Card is restricted to $15,000.

You may use your Card to purchase or lease goods or services wherever Visa Debit cards are accepted as long as you do not exceed the value available on your Card Account. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

If you use your Card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount up to $75.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier. A preauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. All transactions relating to hotels may result in a hold for that amount of funds for up to sixty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.

Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.

Except for Recurring Transactions (defined below), you do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

You may use your Card for any Recurring Transactions. "Recurring Transactions" are transactions that you authorize to have automatically charged to your Card each month or other specified period with or without any further action on your part. Examples of merchants that may use Recurring Transactions include wireless carriers, internet service providers, health clubs, insurance companies that automatically charge monthly premiums, and cable TV services. If you have pre-authorized a third party to deduct Recurring Transactions, you can stop any of these payments. To stop a payment you must provide sufficient advance notice to the party that you authorized to debit your Card balance to allow that party to stop payment before the next payment is scheduled to be made. You may notify us by calling Customer Service toll free at 1-866-331-3063 or through the Website at MyOptPlus.com. If you notify us orally by telephone, we may require you to provide a written confirmation within 14 days of your call. You can also authorize us to stop such payments by mailing Customer Service at the address listed in the Customer Service section. You must give us notice by any of these methods in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made.

Non-Visa Debit Transactions

New procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as an Interlink transaction.

Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the Interlink network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the Interlink network. Please refer to the paragraph labeled "Your Liability for Unauthorized Transfers" for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions.

To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.

Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. If you have a problem with a purchase that you made with your Card, or if you have a dispute with the merchant, you must handle it directly with the merchant.

Card Replacement

If you need to replace your Card for any reason, please contact us at 1-866-331-3063 to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, etc. The first replacement fee is waived. Additional replacements will incur a fee.

Expiration

Your Card will expire three (3) years from the date of issuance. You will not be able to use your Card after the expiration date. Once your Card expires, or has been canceled or deactivated, the balance will be transferred to a new Card if we choose to issue one to you, or, if you request, refunded to you. If we do not choose to issue a new Card to you or if we cancel your Card privileges for any reason, we will attempt to refund to you the balance remaining on the Card, after deducting fees and charges owed to us and any outstanding transactions, by sending a check made payable to you to the last address reflected in our records for your Card. Any request for a return of funds shall be processed within a reasonable period of time after your request and will be issued by check, and mailed to you at the last address on file for your Card. A charge will apply to refund requests (see the Schedule of Fees and Charges).

Charges Made In Foreign Currencies

If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by Visa U.S.A. Inc. into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa U.S.A. Inc. itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the Issuer may assess a foreign currency conversion fee of 1% of the transaction amount and will retain this amount as compensation for its services. Please see the Schedule of Fees below for the fees imposed for each foreign transaction, including credits and reversals, (U.S. or foreign currency) that you conduct outside the fifty (50) United States, the District of Columbia or Puerto Rico.

Receipts

You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.

Card Account Balance/Periodic Statements

You are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction. You may access your available balance by accessing your Card Account online or by calling 1-866-331-3063. Statements in electronic format will be made available free of charge at MyOptPlus.com during each month in which a transaction occurs. You will not automatically receive paper statements. You may choose to have a paper statement mailed to you by contacting us each time at 1-866-331-3063.

Fee Schedule

The following fees will be assessed as long as there is a remaining balance on your Card, except where prohibited by law. We will charge you, and you agree to pay, the fees and charges set forth in the Schedule of Fees and Charges below, which are subject to change. We will provide notice of any changes to the fees or charges at our Website MyOptPlus.com and by accepting this Agreement and using your Card, you consent to such notices delivered through our Website. Anytime your remaining Card balance is less than the fee amount being assessed, the balance of your Card will be applied to the fee amount and the remaining fee amount will be deducted on the next load occurrence.

Load Limits: 5 loads per day. $5,000 cash load limit per transaction. $5,000 cash load limit per day. $15,000 total load limit per card (includes cash loads and direct deposits).

Withdrawal Limits: $5,000 maximum total withdrawal per day (includes all cash and POS transactions). $5,000 Point-of-Sale and Over-the-Counter withdrawal per day. $300 ATM withdrawal per transaction. $900 ATM withdrawal per day.

Fee Limits: Cardholders on the Pay As You Go Program will not be charged for more than 24 transactions in one month.

 

Pay As You Go
(Non-Direct Deposit)

Monthly
(Non-Direct Deposit)

Direct Deposit*

Description

Card Cost Up to $5.00 Up to $5.00 Up to $5.00  
Activation No Fee No Fee No Fee  
Monthly No Fee $8.95 $5.95** **Monthly fee will be waived if direct deposits of at least $1,000 are received within 35 calendar days and you maintain a positive balance.

Spend Fees

Pay As You Go
(Non-Direct Deposit)
Monthly
(Non-Direct Deposit)
Direct Deposit* Description
Signature Purchase $1.00 No Fee No Fee  
PIN Purchase $1.00 No Fee No Fee  
Bill Pay $2.00/bill $2.00/bill No Fee  
ATM Balance $0.50 $0.50 No Fee ATM owner may charge a fee
ATM Decline $0.50 $0.50 $0.50 ATM owner may charge a fee

Withdrawal Fees

Pay As You Go
(Non-Direct Deposit)
Monthly
(Non-Direct Deposit)
Direct Deposit* Description
ATM Withdrawal $2.00 $2.00 No Fee ATM owner may charge a fee
Over the Counter Withdrawal 3% (minimum fee of $3) 3% (minimum fee of $3) 3% (minimum fee of $3)  
In-Network Unload No Fee No Fee No Fee See website for list of locations

Load Fees

Pay As You Go
(Non-Direct Deposit)
Monthly
(Non-Direct Deposit)
Direct Deposit* Description
Direct Deposit No Fee No Fee No Fee  
Card-to-Card $2.00 $2.00 No Fee  
VISA ReadyLink Load No Fee No Fee No Fee Some 3rd parties may charge a fee
In-Network Load No Fee No Fee No Fee See website for list of locations

Other Fees

Pay As You Go
(Non-Direct Deposit)
Monthly
(Non-Direct Deposit)
Direct Deposit* Description
First Replacement Card Waived Waived Waived Additional replacements will incur an $8 fee
Additional Replacement Cards $8.00 $8.00 $8.00  
Dormancy Fee $5.00 $5.00 $5.00 Waived if any activity within 12 months
Expedited Replacement $20.00 $20.00 $20.00  
Cancelled Card $15.00 $15.00 $15.00 Waived if no refund check required

Customer Service Fees

Pay As You Go
(Non-Direct Deposit)
Monthly
(Non-Direct Deposit)
Direct Deposit* Description
Automated Phone Support No Fee No Fee No Fee  
Live Customer Service No Fee No Fee No Fee  
Text Alerts No Fee No Fee No Fee Standard text messaging rates from your wireless service provider may apply
Email Alerts No Fee No Fee No Fee  
Mobile App No Fee No Fee No Fee Available via the Apple App Store or the Android Play Store

International Fees

Pay As You Go
(Non-Direct Deposit)
Monthly
(Non-Direct Deposit)
Direct Deposit* Description
PIN Purchase $1.00 +2% 2% 2%  
Signature Purchase $1.00 +2% 2% 2%  
ATM Withdrawal $2.00 +2% $2.00 +2% $2.00 +2% ATM owner may charge a fee
ATM Balance $0.50 $0.50 No Fee ATM owner may charge a fee
ATM Decline $0.50 $0.50 $0.50 ATM owner may charge a fee
Over-the-Counter Withdrawal $3.00 or 3% $3.00 or 3% $3.00 or 3%  

*To remain in the Direct Deposit Program, you must receive a Payroll or Benefits direct deposit within 35 days and receive ongoing deposits at least every 35 days. Failure to receive a direct deposit within 35 days will result in movement to the Pay As You Go Program.

**Monthly fee will be waived if direct deposits of at least $1,000 are received within 35 calendar days and you maintain a positive balance.

Offset Authorization

You hereby grant and authorize us to exercise a right of setoff against your Card account or other accounts you give us authorization for including authorizing us to process ACH debits or other electronic debits. You shall further agree to set up the ACH or other electronic debit authorizations for such accounts for any amounts you owe us, including but not limited to any negative balance on your Card account at such time that your Card account has had a negative balance for at least 6 consecutive days. You agree to hold us harmless from any claim arising as a result of our exercise of our right to setoff.

Confidentiality

We may disclose information to third parties about your Card or the transactions you make
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Card for a third party, such as merchant;
(3) In order to comply with government agency, court order, or other legal reporting requirements;
(4) If you give us your consent;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or
(6) As permitted by law

Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
(2) If a merchant refuses to accept your Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
(5) If access to your Card has been blocked after you reported your Card lost or stolen;
(6) If there is a hold on your Card or your funds are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood, terrorist attack, national emergency, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;
(9) If your transfer authorization terminates by operation of law; or
(10) Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at 1-866-331-3063. Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Card Account is $0.00 if you notify us within two (2) business days of learning of the loss or theft of the card and you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals. If you notify us within two (2) business days after learning of the loss or theft of the access device, your liability shall not exceed the lesser of $50 or the amount of unauthorized transfers that occur before notice to the financial institution. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00. We reserve the right to investigate any claim you may make with respect to a lost or stolen Card, and you agree to cooperate with such investigation. We may ask you for a written statement, affidavit or other information in support of the claim.

Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled "Information About Your Right to Dispute Errors". If you do not notify us in person, by telephone, or in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to minimize the risk of further loss and reissue you a new card for a fee (See the Schedule of Fees and Charges).

Other Terms

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. 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 Delaware except to the extent governed by federal law.

Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time. 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, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. There is a fee for this service. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.

Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, call 1-866-331-3063 or write to Cardholder Services:
Opt + Card Prepaid Services, PO Box 319, Maize, KS 67101 if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact us no later than sixty (60) days after the FIRST statement was made available to you on which the problem or error appeared. When you notify us:

1. Provide your name and Card number (if any).
2. Describe the error or the transaction you are unsure about, and explain why you believe it is an error or why you need more information.
3. Provide the dollar amount of the suspected error.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we may credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card. For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) business days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section.

English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service

For customer service or additional information regarding your Card, please contact us at:
Opt + Card Prepaid Services
PO Box 319
Maize KS 67101
1-866-331-3063

This Cardholder Agreement is effective 01/2017

AGREEMENTS FOR RESOLVING DISPUTES; CERTAIN DEFINITIONS

The Pre-Dispute Resolution Procedure, Arbitration Provision and Jury Trial Waiver set forth below govern "Claims" you assert against us or any "related party" of ours and "Claims" we or any related party assert against you.

For purposes of this Agreement, our "related parties" include all parent companies, subsidiaries and affiliates of ours (including Ad Astra Recovery Services, Inc.), and our and their employees, directors, officers, shareholders, governors, managers and members.

The term "Claim" means any claim, dispute or controversy between you and us (or our related parties) that arises from or relates in any way to this Agreement or any services you request or we provide under this Agreement ("Services"); any of our marketing, advertising, solicitations and conduct relating to your request for Services; our collection of any amounts you owe; or our disclosure of or failure to protect any information about you. "Claim" is to be given the broadest possible meaning and includes claims of every kind and nature, including but not limited to, initial claims, counterclaims, cross-claims and third-party claims, and claims based on any constitution, statute, regulation, ordinance, common law rule (including rules relating to contracts, negligence, fraud or other intentional wrongs) and equity. It includes disputes that seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief.

Notwithstanding the foregoing, "Claim" does not include any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court. In addition, except as set forth in the immediately following sentence, "Claim does not include disputes about the validity, enforceability, coverage or scope of the Arbitration Provision or any part thereof (including, without limitation, Sections 5(C), (D) and/or (E) of the Arbitration Provision (the "Class Action and Multi-Party Claim Waiver"), the clause in the second sentence of Section 10 of the Arbitration Provision beginning with the words "provided, however," and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. "Claim" also does not include any "self-help remedy" (that is, any steps taken to enforce rights without a determination by a court or arbitrator, for example, repossession and/or re-titling of a motor vehicle) or any individual action by you or us to prevent the other party from using any self-help remedy, so long as such self-help remedy or individual judicial action does not involve a request for monetary relief of any kind.

PRE-DISPUTE RESOLUTION PROCEDURE

Before either you, we or any related party commences, joins or participates in any judicial or arbitration proceeding regarding any Claim ("Proceeding"), in any capacity (including as an individual litigant or as a member or representative of any class or proposed class), the complaining party ("Complaining Party") shall give the subject of the Claim (the "Defending Party"): (1) at least 30 days’ written notice of the claim ("Claim Notice"), explaining in reasonable detail the nature of the Claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the Claim on an individual basis without the necessity of a Proceeding. If you are the Complaining Party, you must send any Claim Notice to Opt+, Attn: Compliance Department, PO Box 319, Maize, KS 67101 (or such other address as we shall subsequently provide to you). If you are the Defending Party, any Claim Notice must be sent to you at your address appearing in our records or, if you are represented by an attorney, to your attorney at his or her office address. If the Complaining Party and the Defending Party do not reach an agreement to resolve the Claim within 30 days after the Claim Notice is received, the Complaining Party may commence a Proceeding, subject to the terms of the Arbitration Provision. Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer made by the Defending Party until after the arbitrator or court determines the amount, if any, to which the Complaining Party is entitled (before the application of Section 7 of the Arbitration Provision). No settlement demand or settlement offer may be used in any Proceeding as evidence or as an admission of any liability or damages.

ARBITRATION PROVISION

VERY IMPORTANT. READ THIS ARBITRATION PROVISION CAREFULLY. IT SETS FORTH WHEN AND HOW CLAIMS (AS DEFINED ABOVE UNDER THE CAPTION "AGREEMENTS FOR RESOLVING DISPUTES; CERTAIN DEFINITIONS") WILL BE ARBITRATED INSTEAD OF LITIGATED IN COURT. IF YOU DON’T REJECT THIS ARBITRATION PROVISION IN ACCORDANCE WITH SECTION 1 BELOW, UNLESS PROHIBITED BY APPLICABLE LAW, IT WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR WE RESOLVE ANY CLAIM.

Unless prohibited by applicable law and unless you reject the Arbitration Provision in accordance with Section 1 below, you and we agree that either party may elect to require arbitration of any Claim under the following terms and conditions:

1. RIGHT TO REJECT ARBITRATION. If you do not want this Arbitration Provision to apply, you may reject it within 30 days after the date of this Agreement by delivering to us at Opt+, Attn: Compliance Department, PO Box 319, Maize, KS 67101, a written rejection notice which: (a) provides your name and address and the date of this Agreement; and (b) states that you are rejecting the Arbitration Provision in the Agreement. If you want proof of the date of such a notice, you should send the rejection notice by "certified mail, return receipt requested." If you use such a method, we will reimburse you for the postage upon your request. Nobody else can reject arbitration for you (except an attorney at law you have personally retained); this is the only way you can reject arbitration. Your rejection of arbitration will not affect your right to Services or the terms of this Agreement (other than this Arbitration Provision).

2. ARBITRATION ELECTION. A Proceeding may be commenced after the Complaining Party complies with the Pre-Dispute Resolution Procedure. The Complaining Party may commence the Proceeding either as a lawsuit or an arbitration by following the appropriate filing procedures for the court or the arbitration administrator selected by the Complaining Party in accordance with this Section 2. If a lawsuit is filed, the Defending Party may elect to demand arbitration under this Arbitration Provision of some or all of the Claims asserted in the lawsuit. To avoid piece-meal Proceedings to the extent possible, the Complaining Party must assert in a single lawsuit or arbitration all of the Claims of which the Complaining Party is aware and the Defending Party must demand arbitration with respect to all or none of the Complaining Party’s Claims. Also, if the Complaining Party initially asserts a Claim in a lawsuit on an individual basis but then seeks to assert the Claim on a class, representative or multi-party basis, the Defending Party may make such a demand. A demand to arbitrate a Claim may be given in papers or motions in a lawsuit. If you demand that we arbitrate a Claim initially brought against you in a lawsuit, your demand will constitute your consent to arbitrate the Claim with the administrator of our choice, even if the administrator we choose does not typically handle arbitration proceedings initiated against consumers. Any arbitration Proceeding shall be conducted pursuant to this Arbitration Provision and the applicable rules of the arbitration administrator in effect at the time the arbitration is commenced. The arbitration administrator will be the American Arbitration Association ("AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.org; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an arbitration administrator by mutual consent, the administrator will be selected by a court. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any arbitration administrator that has in place a formal or informal policy that is inconsistent with the Class Action and Multi-Party Claim Waiver. The arbitrator will be selected under the administrator’s rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise.

3. NON-WAIVER. Even if all parties have elected to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any new Claim asserted in that lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis), and nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. This Arbitration Provision will apply to all Claims, even if the facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision.

4. LOCATION AND COSTS. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve the Claim based on the papers submitted by the parties and/or through a telephone hearing. However, any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. We will consider any good faith request you make for us to pay the administrator’s or arbitrator’s filing, administrative, hearing and/or other fees if you cannot obtain a waiver of such fees from the administrator and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses we are required by law to pay or that we must pay in order for this Arbitration Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys, experts and witnesses if you are the prevailing party or if we are required to pay such amounts by applicable law or by the administrator’s rules. The arbitrator shall not limit the attorneys’ fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Arbitration Provision to the contrary, if the arbitrator finds that any Claim or defense is frivolous or asserted for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorneys’ and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.

5. NO CLASS ACTIONS OR SIMILAR PROCEEDINGS; SPECIAL FEATURES OF ARBITRATION. IF YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (A) HAVE A COURT OR A JURY DECIDE THE CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

6. GETTING INFORMATION. In addition to the parties’ rights under the administrator’s rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.

7. SPECIAL PAYMENT: If (a) you submit a Claim Notice on your own behalf (and not on behalf of any other party) and comply with all of the requirements (including timing and confidentiality requirements) of the Pre -Dispute Resolution Procedure; (b) we refuse to provide you with the money damages you request; and (c) an arbitrator issues you an award that is greater than the latest money damages you requested at least ten days before the date the arbitrator was selected, then we will:

  • pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and\
  • pay your attorney, if any, a premium in addition to the amount of attorneys' fees, and expenses (including expert witness fees and costs) that was awarded by the arbitrator in this arbitration in the amount equal to the lesser of $2,500 or fifty percent of the arbitrator’s attorneys' fees award ("the attorney premium").

The right to attorneys' fees and expenses discussed in this section supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative or multiplier awards of attorneys' fees or costs.

8. EFFECT OF ARBITRATION AWARD. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §1, et seq. (the "FAA"); and (2) Claims involving more than $50,000 (including Claims that may reasonably require injunctive relief costing more than $50,000). For Claims involving more than $50,000, any party may appeal the award to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. Costs in connection with any such appeal will be borne in accordance with Section 4 of this Arbitration Provision.

9. GOVERNING LAW. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not Federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbitration, provided that the law of Kansas, where we are headquartered, shall be applicable to the extent that any state law is relevant in determining the enforceability of this Arbitration Provision under Section 2 of the FAA. The arbitrator is bound by the terms of this Arbitration Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

10. SURVIVAL, SEVERABILITY, PRIMACY. This Arbitration Provision shall survive the full payment of any amounts due under this Agreement; any rescission or cancellation of this Agreement; any exercise of a self-help remedy; our sale or transfer of this Agreement or our rights under this Agreement; any legal proceeding by us to collect a debt owed by you; and your (or our) bankruptcy. If any part of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply; provided, however, that if Section 5(C), (D) and/or (E) is declared invalid in a proceeding between you and us, without in any way impairing the right to appeal such decision, this entire Arbitration Provision (other than this sentence) shall be null and void in such proceeding. In the event of any conflict or inconsistency between this Arbitration Provision and the administrator’s rules or the rest of this Agreement, this Arbitration Provision will govern.

JURY TRIAL WAIVER

YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT IT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE, AFTER HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY AND VOLUNTARILY, AND FOR THE MUTUAL BENEFIT OF ALL PARTIES, WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION ANY SEPARATE ARBITRATION PROVISION BETWEEN YOU AND US, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.