Paga US
Terms of Service
Introduction
The following terms constitute a legal agreement (the “Agreement”) between you (“you”, or “your”) and Apposit LLC d/b/a Paga and its successors and assigns (“Paga”, “we”, “us”, or “our”) that sets forth the terms and conditions for your use of the products and services offered, operated or made available by Paga through websites or mobile applications (collectively, the “Paga App”) owned and operated by Paga and its affiliates (the “Services”). The Services are being provided to you expressly subject to this Agreement. By accessing and/or using the Services on behalf of yourself or the entity that you represent, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Paga, and this Agreement governs your use of the Services.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE UNLESS YOU OPT OUT IN ACCORDANCE WITH SECTION 15(c). PLEASE REFER TO SECTION 15 BELOW ENTITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION” FOR MORE INFORMATION.
Acceptance of this Agreement
Please carefully review this Agreement before using the Services. If you do not agree to these terms, you may not access or use the Services. By installing the Paga App, accessing or using the Services and by accepting this Agreement electronically (for example, clicking “I Agree”), you agree to be bound by this Agreement, as this Agreement is updated from time to time by us. If you do not agree to this Agreement, then you may not use the Services. Your use of the Services is subject to the additional disclaimers and notices that may appear throughout the Services.
Enrollment for Paga’s Services
Through the Services, you may open and access financial accounts and services offered by our partners. In order to enroll in the Services, you will need to sign up for an account through the Paga App (an “Account”). This process may include creation of a login ID and password to access the Services.
You authorize us to make any inquiries we consider necessary to validate your identity, including, if requested, your name, address, date of birth, government issued identification, social security number and/or requiring you to take steps to confirm ownership of your email address and mobile phone number, or verifying information you provide against third-party databases or through other sources. If you do not provide this information or Paga cannot verify your identity, we can refuse to allow you to use the Services.
You further represent that you are a legal owner of, and that you are authorized to provide us with, the information you provide to us to validate your identity and contact you. You shall ensure that any such information is up-to-date, accurate, and complete. If any of that information changes (including your e-mail address or mobile phone number), you will update that information on the Paga App as soon as possible. Should you believe or have reason to believe that any information you provide to us or your login credentials for your account with us has been compromised, or that another person is accessing your account through some other means, you agree to notify us as soon as possible at help@paga.com.
Eligibility
In order to use the Services, you must be an individual of at least 18 years of age, have a United States of America social security number or Individual Taxpayer Identification Number, or have a Nigerian National Identification Number, and a valid mobile number. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose. Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You may not create more than one account with Paga.
Personal and Noncommercial Use Limitation: Prohibited Uses
You agree to use the Services only for lawful purposes. You are prohibited from any use of the Services that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to unauthorized entry into Paga’s systems, misuse of passwords, or misuse of any information posted on through the Services is strictly prohibited.
We grant you access to the Paga App during the term of this Agreement solely to receive the Services. You may access, download, and print materials as necessary to receive the Services. You may not license, copy, distribute, create derivative works from, frame in another Website page, use on any other website, or sell any information, databases, or lists obtained from the Services. You agree to provide true, accurate, and complete user information at all times, and to update such information upon our request. You will not access or attempt to access password protected, secure or non-public areas of the Services, without our prior written permission. You will comply with all privacy laws.
The Services are licensed (not sold) to end users. Subject to this Agreement, we grant to you a personal, non-exclusive, non-transferable, limited, and revocable license to access the Services for your own personal use and not for any commercial or business purpose.
As a condition of your use of the Services, you warrant to Paga that you will not use the Services for any purpose that is against the law or prohibited by this Agreement. If you violate this Agreement, you may be prohibited from using the Services.
You agree you will not (1) try to reverse engineer, disassemble, decompile, or decipher the Services or software making up the Services, (2) use a means other than Paga’s provided interface to access the Services, (4) use the Services in a way that could impair, overburden, damage, or disable any portion of the Services, or (5) mirror any material contained on the Services. You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper,” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Website pages, data, or content found on the Services, or accessed through the Services. You may not republish Paga content or other content from the Services, on another website or app or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to the Services. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access the Paga App is virus free.
You will not attempt to gain unauthorized access to any other user’s account. You will not modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services. You will not modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law, or copy, distribute, transfer, sell or license all or part of the Services. You will not use the Services to access, copy, transfer, retransmit or transcode information, Paga logos, marks, names or designs or any other content in violation of any law or third-party rights, or remove, obscure, or alter Paga’s (or any third-party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services. You will not use the Service (including the chat feature) to transmit or disseminate any: junk mail, spam, or unsolicited material to persons who have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; material that infringes or violates any third-party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers; material or data that is illegal, harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or the transmission of material in which could diminish or harm our reputation or any third-party service providing SMS messaging services; material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco and vaping products), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or services of any wireless carrier; viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; material that would expose us or any third-party service in providing the Service to liability; any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of Paga or any third-party. You agree that you will not attempt to: (a) access any software or services for which your use has not been authorized; or (b) use or attempt to use a third-party’s account; or (c) interfere in any manner with the provision of the Services, the security of the Services, or other customers of the Services; or (d) otherwise abuse the Services.
Paga reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Paga also reserves the right to take action to protect Paga, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: (1) updating information you have provided to us so that it is accurate, (2) limiting or completely closing your access to the Services, (3) suspending or terminating your ability to use the Services on an ongoing basis, (4) taking legal action against you, and (5) holding you liable for the amount of Paga’s damages caused by your violation of this Agreement.
Third-Party Service Terms
We may, from time-to-time and subject to this Agreement, make a third-party’s products and services available to you through the Services (the “Third-Party Services”). The Services may provide Third-Party Service listings, descriptions, and images of goods or services or related coupons or discounts, as well as references and links to such Third-Party Service. Such Services may include a deposit account through our banking partner, Regent Bank, Member FDIC, as well as Third-Party Services provided by Elta Limited and other parties facilitating payment collection, or foreign currency conversion for the purpose of making deposits to a Regent Bank account. These Third-Party Services are governed by the terms of the agreement between you and the third-party offering the Third-Party Services, and may be subject to additional eligibility criteria beyond what is required to open your Paga Account.
We do not control or endorse, nor are we responsible for, any Third-Party Service, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of any Third-Party Service, or any intellectual property rights in any Third-Party Service. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third-Party Service. We have no obligation to monitor Third-Party Services, and we may block or disable access to any Third-Party Services through the Services at any time. In addition, the availability of any Third-Party Services through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Service, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF ANY THIRD-PARTY SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICE (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY SERVICES).
Links to Third-Party Sites
The Services may contain hyperlinks to websites or applications operated by parties other than Paga. Such hyperlinks are provided for your reference only. We do not control such websites or applications and are not responsible for their content. Your access to and use of such websites or applications, including information, material, products and services on such websites or applications, is solely at your own risk. Furthermore, because our Privacy Policy is applicable only when you are on the Services, once linked to another website or application, you should read that site’s privacy policy before disclosing any personal information.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PAGA AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “PAGA PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE PAGA PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE PAGA PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Paga, in its sole discretion, may elect to take. In no event will Paga be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such Services, shall be for Paga to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Services.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAGA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (iii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY; OR (vi) ANY OTHER MATTER RELATING TO SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE GREATER OF (1) THE AMOUNT THAT YOU HAVE PAID TO PAGA IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM; OR (2) $100 (ONE HUNDRED DOLLARS).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF WARRANTIES OR LIABILITY MAY NOT APPLY TO YOU.
Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Paga Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third-party, including without limitation, your employer. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will cooperate as fully as reasonably required in the defense of any such claim. Paga reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Paga.
Application License
If you access the Services via the Paga App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Paga App, on wireless electronic devices owned or controlled by you, and to access and use the Paga App, on such devices strictly in accordance with the terms and conditions of this Paga App license contained in this Agreement. The following terms apply when you use a Paga App obtained from either the Paga Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our Paga App is limited to a non-transferable license to use the Paga App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the Paga App as specified in the terms and conditions of this Paga App license contained in this Agreement or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Paga App; (3) in the event of any failure of the Paga App to conform to any applicable warranty, you may notify the applicable App Distributor; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the Paga App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Paga App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this Paga App license contained in this Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this Paga App license contained in this Agreement against you as a third-party beneficiary thereof. Apple and Google are not sponsors of any content or Services.
Phone Communication & Push Notifications
When you provide us with your mobile phone number, you agree that Paga and its affiliates may contact you at that number using text messages with service-related information such as alerts and transactional messages, or questions about the Services or your Account. We will not use autodialed or prerecorded SMS or texts to contact you for marketing or promotional purposes unless we receive your prior express written consent. You do not have to agree to receive marketing-related, autodialed or prerecorded SMS or texts in order to use the Services. If you choose to receive marketing-related prerecorded SMS or texts via long code, you can later opt-out of such marketing-related messages by contacting us. Standard text charges may apply to all SMS or text messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers are not liable for delayed or undelivered messages.
You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number.
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
You agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.
Changes to the Services and Agreement
We may make improvements or changes in the information, services, products, and other materials through the Services or terminate the Services at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the Services will be deemed your acceptance of the modified Agreement.
Termination; Survival
This Agreement will continue to apply until terminated by either you or us. If you desire to terminate this Agreement, contact us at [CONTACT INFO]. If this Agreement is terminated, we will have no further obligation to provide or allow access to your Account or the Services.
We may terminate this Agreement and your access to the Services at any time, for any reason or no reason, upon notice to you, to the e-mail address provided by you as part of your enrollment for your account with us. You acknowledge and agree that Paga may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Paga shall not be liable to you or any third-party for any termination of your access to the Services. Further, you acknowledge and agree that Paga may retain information about your account, in accordance with Paga’s privacy policy and subject to applicable law, even once you have closed your account.
The following provisions of this Agreement will survive termination of your use or access to the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and Miscellaneous, and any other provision that by its terms survives termination of your use or access to the Services. For clarity, termination of this Agreement does not affect your obligations or our rights under any agreement between you and Paga.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND INCLUDES, AMONG OTHER THINGS, A CLASS ACTION WAIVER. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SECTION (THE "ARBITRATION PROVISION") AND UNDERSTAND THAT THESE PROVISIONS REQUIRE YOU AND PAGA TO ARBITRATE CLAIMS ON AN INDIVIDUAL BASIS. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION PROVISION AS PROVIDED BELOW.
As used in this Arbitration Provision, "Claim" includes any past, present, or future claim dispute, or controversy involving you andPagathat relates to, or arises out of, this Agreement or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of any part of this Arbitration Provision or this Agreement.
Informal Dispute Resolution.
If a Claim arises, before filing any Claim in arbitration, you and Paga each agree to try and resolve the Claim informally. You will notify Paga of your Claim by live chatting with the Paga team through the Paga App and if Paga has a Claim, they will undertake reasonable efforts to contact you at the email address identified in the Account Settings tab of your Paga App to resolve the Claim. If a Claim is not resolved within 30 days after the Claim is first raised, you or Paga may initiate an arbitration proceeding as described in this Arbitration Provision.
Election to Arbitrate.
You and Paga agree that the sole and exclusive process for resolving a Claim that remains unresolved after 30 days will be final and binding individual arbitration pursuant to this Arbitration Provision, unless (1) you opt out of arbitration as described below, or (2) the Claim is subject to an explicit exception included in this Arbitration Provision. You and Paga each agree that the scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
Exceptions.
Both you and Paga retain the right to bring (i) an individual Claim in small claims court if permissible in the relevant jurisdiction; or (ii) a Claim seeking injunctive or other equitable relief in court to prevent the actual or threatened violation of a party’s intellectual property rights.
Jurisdiction; Venue.
Except as otherwise required by applicable law, and for any Claims not subject to arbitration, the exclusive jurisdiction and venue for any Claims will be the state and federal courts located in New Castle County, and you and Paga consent to the personal and exclusive jurisdiction of, and venue in, such courts. Unless the arbitrator determinates that an in-person hearing is necessary or you and Paga otherwise agree, the arbitration may be conducted in via videoconference, telephonically or via other remote electronic means. If your Dispute does not exceed $10,000 not inclusive of attorneys’ fees and interest, then the arbitration will be conducted solely on the basis of the documents that you and Paga submit to the arbitrator, unless the arbitrator determines that a videoconference, telephonic or in-person hearing is necessary. If your Dispute exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to such rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitration Opt-Out; Waivers.
You may opt out of this Arbitration Provision by sending an arbitration opt-out notice to help@paga.com or by regular mail to Paga, 1207 Delaware Ave #2352 Wilmington, DE 19806. To be effective, you must send your arbitration opt-out notice (the “Arbitration Opt-Out Notice”) within 30 days after you accept the terms of this Agreement or within 30 days after we provide notice to you of any update to this Arbitration Provision. This Arbitration Provision will remain in effect unless and until we receive the Arbitration Opt-Out Notice within the applicable 30-day period. The opt out notice must clearly state that you are rejecting arbitration and include your name, address, and signature. UNLESS YOU PROVIDE PAGA WITH AN ARBITRATION OPT-OUT NOTICE WITHIN THE APPLICABLE 30-DAY PERIOD, YOU ARE KNOWINGLY AND VOLUNTARILY WAIVING YOUR RIGHT TO LITIGATE CLAIMS IN COURT. IN ADDITION, YOU AND PAGA AGREE TO WAIVE THE RIGHT TO A JURY TRIAL.
No Class Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Arbitration Rules and Process.
The party initiating arbitration shall do so with Judicial Alternatives and Mediation Services (“JAMS”). Claims shall be subject to following applicable sets of rules (the “JAMS Rules”) (1) the JAMS Mass Arbitration Procedures and Guidelines, for Claims involving more than 75 consumers, represented by the same, related, or coordinate attorney or law firm (a “Mass Arbitration”); (2) JAMS’ most current version of the Streamlined Arbitration Rules, for Claims involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest; and (3) JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, for all other Claims. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS Rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the JAMS Rules and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the JAMS Rules apply. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from JAMS’ roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Rules. The arbitrator(s) shall be authorized to award any remedies, including public injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.
Notwithstanding any language to the contrary in this section, if a party seeks injunctive relief that would significantly impact other cardholders as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding, and any award shall be confidential. This Arbitration Provision evidences a transaction in interstate commerce and therefore the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies including its procedural provisions, in all respects. This means that the Federal Arbitration Act governs, among other things, the interpretation and enforcement of the Arbitration Provision and all of its provisions, including, without limitation, the class action waiver.
Arbitrator’s Decision.
The arbitrator will issue an award within the time frame specified in the JAMS Rules. Judgment on the arbitration award may be entered in any court having jurisdiction over the proceeding. Except as otherwise required by applicable law, any damages awarded by the arbitrator must be consistent with the terms of the “Limitation of Liability” section above. The arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Agreement as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
Fees.
Payment of all filing, administration, and arbitrator fees will be governed by the applicable JAMS Rules, subject to any state limitations on arbitration costs. If you prevail in arbitration you may be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Paga will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration unless the arbitrator finds that either the substance of your Claim or the relief sought to be frivolous or brought for an improper purpose.
Survival and Severability of Arbitration Provision.
This Arbitration Provision shall survive the termination of this Agreement. With the exception of Section 15(f), if a court decides that any part of this Arbitration Provision is invalid or unenforceable, then the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. In the event that a court finds that all or any portion of Section 15(f) to be invalid or unenforceable, then the entirety of this Arbitration Provision shall be deemed void and any remaining Claim must be litigated in court pursuant to Section 15(d).
Electronic Communications
The Services are only available electronically. In order for you to receive the Services, you agree to receive all disclosures electronically pursuant to your Consent to Electronic Disclosures. If, for some reason, you cannot receive communications electronically in the future, we cannot provide the Services to you and you should close your Account and we may terminate your Account.
Privacy Policy
Our Privacy Policy, as may be amended from time to time, is incorporated into this Agreement. However, when you use our Services, or register for an account with us, we will collect personal information from you. By providing your personal information to us, you expressly agree to our collection, use, storage, and disclosure of such information as described in our Privacy Policy.
Confidentiality of Your Account
If you use the Services, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your access device (such as your mobile device or computer), and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Services is terminated, you will (i) stop using the Services and the Paga App and any information obtained from the Services and the Paga App, and (ii) destroy all copies of your account information, password and any information obtained from the Services. If you become aware of any unauthorized use of your account, you agree to notify us immediately at help@paga.com.
Proprietary Rights
We own and operate the Services. We own exclusively or our licensors and suppliers own all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Paga Materials”). The Paga Materials are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Paga Materials displayed on the Services, without our prior written permission in each instance.
All Paga Materials on the Services and the App (as well as the organization and layout of the Services and the App) are owned and copyrighted, licensed by, or used with permission that is granted to Paga. No reproduction, distribution, or transmission of the copyrighted materials in the Services and the App are permitted without the prior written permission of Paga.
Miscellaneous
The Services are provided by:
Apposit LLC D/B/A Paga
1207 Delaware Ave #2352
Wilmington, DE 19806
For disputes over the meaning of this Agreement, other than Section 15, this Agreement is governed by the laws of Delaware, without giving effect to any principles of conflicts of law. Failure by Paga to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
This Agreement, including any agreement that incorporates or has been incorporated into this Agreement, is the entire understanding and agreement between you and Paga regarding the Services. With respect to its subject matter, this Agreement supersedes any previous agreement to which you and Paga may have been bound that does not incorporate or has not been incorporated into this Agreement. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice will act to modify any provision of the Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Privacy Notice
E-Sign Consent
Electronic Communications Consent
This Electronic Communication Disclosure and Agreement ("the E-Sign Consent") is a legally binding agreement between Apposit LLC D/B/A Paga and its subsidiaries, affiliates, agents and assigns (collectively, "Paga”), and you ("you," "your") regarding your use of Services offered, operated or made available by Paga or Regent Bank, including as the Services offered (collectively, the “Services”), operated or made available by Paga through its website, including www.paga.com and any subdomain, or mobile application (collectively, the “Website”). The terms “we”, “us”, and “our” refer to Paga and Regent Bank, collectively.
The Services may be delivered, administered, obtained, or accessed electronically through the Internet, email, text-messaging, and/or software applications (including applications for mobile or handheld devices). In connection with any Service, we may choose to provide certain Communications to you in electronic form and obtain your electronic signature in connection with those Communications. If you choose not to agree to this E-Sign Consent, or you withdraw your consent, you may be ineligible to use or obtain our Services.
By agreeing to this E-Sign Consent, you agree that you reviewed this E-Sign Consent and verified that you can print or save a copy of it with your records. You further give your express consent to receive, view, and electronically sign the Communications we display on any website, through any web browser, or in any software application (including any application for mobile or handheld devices), You agree that the electronic Communications we send to your designated email address may include Communications displayed in the email message, attached to it or displayed when you selected links included in the message. When a Communication is electronically displayed on your computer or your mobile or handheld device, you agree that your electronic signature for the Communication may include clicking displayed buttons, selecting displayed boxes, typing your name in a designated field or otherwise selecting an electronic facsimile signature for the field, sending an email reply to a message transmitted to your designated email address, or taking other affirmative actions described when you view an electronic Communication displayed on your computer or your mobile or handheld device. Your consent for our use of electronic Communications and signatures will be effective unless you withdraw it in the manner described below.. Communications include, as applicable:
● Any information provided to you about your inquiry or offers, including your exchange rate, fees, any adverse action we or a partner may take, and any final terms of your account;
● Any information provided to you about any product, service, or transaction you receive;
● Any terms and conditions and policies you agree to, including updates to these agreements or policies, and other authorizations you provide;
● Any documents or disclosures we or provide to you; and,
● Any other information relating to your relationship with Paga , including all documents, communications, contracts, statements, notices, authorizations, and disclosures (including federal or state tax documents, statements, forms, and schedules) arising from or relating to your use or attempted use of any Service.
We will provide these Communications to you by posting them on the Website after you log-in, and/or by emailing them to you at your registered email address. It is your responsibility to keep your registered email address up to date so that we can communicate with you electronically.
As part of your use of our Services, you are entitled by law to receive certain information “in writing”. All Communications in either electronic or paper format from us to you will be considered “in writing”. You acknowledge and agree that your consent to Communications is being provided in connection with a transaction affecting interstate commerce that is subject to federal Electronic Signatures in Global and National Commerce Act (the “Act”), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
You have the right to request paper copies of any communication. Paper copies can be requested by calling us during our operating hours. If you request a paper copy, we reserve the right to charge you additional fees for paper copies - up to $10 per Communication. A request for a paper copy of any Communication will not be considered a withdrawal of your consent to receive Communications electronically.
In order to access and retain electronic Communications, you will need: a computer or mobile device with an Internet connection and capable of supporting the software described here; a current web browser that includes 128-bit encryption and with cookies enabled (e.g. Microsoft Edge version 9.0 and above, Firefox version 87.0 and above, Chrome version 89.0 and above, or Safari 13.0 and above); a valid email address and related software capable of receiving email through the Internet and, if you use a spam filter, capable of permitting messages from us; software that allows you to view and print or save PDF documents, such as Adobe Reader or similar software; and sufficient storage space to save past Communications or an installed printer to print them.
You confirm that you have access to the necessary equipment and software to receive and save/print our Communications to you.
You have the right to withdraw consent and may withdraw your consent to receive Communications electronically or update information needed to contact you electronically by emailing us; by calling us during our operating hours; or by writing to us via regular mail. If you withdraw your consent prior to completing your application, you will not be able to complete the application process and therefore will not be issued an account.
It is your responsibility to provide us with a valid phone number, contact, email, and other information on file with Paga and Regent Bank, and to maintain and update promptly any changes in this information. You understand and agree that if we send you an electronic Communication but you do not receive it because your valid phone number or email address or other contact information is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you.
Your use of a spam filter that blocks or re-routes emails from senders not listed in your email address book may impact your ability to receive our Communications. Therefore, you must add Paga and Regent Bank to your email address book so that you will be able to receive the Communications we send to you.
You can update your contact information through the Website.
You acknowledge that we may amend this policy at any time by posting a revised version on our website. If we make a material change to this policy we will also send a notice to your registered email address.
KYC Disclosure
USA Patriot Act Notice
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Biometric Notice and Consent
Apposit LLC and its affiliates (“Apposit”) and its service providers, may collect, obtain, retain, possess, capture, receive, store, create, use or otherwise process information about your facial features which may qualify as biometric identifiers or biometric information under applicable law (collectively, “Biometric Data”) when you interact with certain of our products and services (collectively, our “Services”). This Notice explains the purposes for which this information is collected or stored, the length of time that is retained, and the reasons for which it may be disclose to others. For questions about this notice, please email us at help@paga.com.
Apposit uses a third party service provider, Smile Identity Inc. (“Smile ID”), to collect and analyze images of you and from identity documents that you provide, as well as device information, for use in identification and authentication. This process may include measurements of biometric identifiers, such as facial geometry, and further may result in biometric information derived from such facial geometry. This collection and processing is performed by Smile ID, and Apposit generally does not receive, possess, process, store, control, or have access to any Biometric Data during this process; however, under certain laws it may be deemed to “possess” or otherwise “process” such information through its relationship with Smile ID. For more information about Smile ID’s data collection, processing, and retention practices, please review the Smile Data Processing Terms.
Unless otherwise permitted or required by law, Apposit will permanently delete information derived from Smile ID’s facial identification features upon the occurrence of either of the following, whichever occurs first:
When the initial purpose for collecting or obtaining the Biometric Data has been satisfied, such as when you close your account with us; or,
within 3 years of your last interaction with Apposit or our Services.
Apposit will retain, use, and share other information about you in accordance with its Privacy Policies, as applicable.
By using our Services, you expressly consent to the collection, use, storage, disclosure, and other processing of your Biometric Data for the purposes and durations described above.
Consumer Checking Account Agreement
IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT (AS DEFINED BELOW) CONTAINS AN ARBITRATION PROVISION (IN SECTION L BELOW) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
TABLE OF CONTENTS:
A. Introduction; Account Opening Disclosures.
B. Consent to Use Electronic Signatures, Communications and Statements
C. The Account, Generally
D. Interest Information
E. Deposits to the Account
F. Withdrawals from the Account
G. Funds Availability
H. Electronic Funds Transfer Disclosures
I. Wire Transfer Services
J. Additional Information Regarding Card
K. Instant Payments
L. Miscellaneous
Introduction; Account Opening Disclosures.
This Consumer Checking Account Agreement (this “Agreement”) is between you and Regent Bank (“Bank”), a member of the Federal Deposit Insurance Corporation (“FDIC”), governing the deposit account (the “Account”) provided by Bank and the Visa® Debit Card (“Card”) issued by Bank pursuant to a license by Visa Incorporated. As used in this Agreement the words “we”, “our”, and “us” refer to Bank, our successors, affiliates, or assignees, and the words “you” and “your” refer to you, the individual, and the Account holder and Card holder, who agrees to be bound by this Agreement, as well as anyone else with the authority to deposit, withdraw, or exercise control over the funds in the Account and anyone else that you authorize to use a Card.
Access to your Account and the services under this Agreement are available only through the website and/or phone application (collectively, the “Paga App”) of Apposit LLC D/B/A Paga (“Paga” or the “Platform”), our services provider that services parts of your Account and Card.
You may only use the Account and Card for personal, family or household purposes, and we may close the Account and Card if we determine either is being used for business purposes. This Agreement includes the Privacy Policy described in Section C.
Access to your Account and the services offered under this Agreement shall be accessed through the Paga App unless we notify you otherwise. YOU AUTHORIZE BANK TO ACCEPT ALL INSTRUCTIONS PROVIDED THROUGH THE PAGA APP.
Truth In Savings Disclosures
The interest rate and APY is correct as of today’s date, but is subject to change at any time in our discretion, as further described in Section D.
B. Consent to Use Electronic Signatures, Communications and Statements.
Introduction. In order to open an Account, you must consent to the use of electronic signatures and electronic records for all transactions with us and for all agreements, disclosures, notices and other Communications (as defined below) relating to those transactions. Once you have given your consent, we may deliver or make any of the documents or Communications available to you by posting them in the Paga App and sending you an email notification when they become available.
Your Legal Rights. Certain laws require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first obtain your consent to receive the information electronically. Your consent will also apply to any other person named on your Account, product or service, subject to applicable law.
Your Consent to Electronic Signatures. By accepting this Agreement, you understand that: (i) electronically signing and submitting any document(s) to Bank legally binds you in the same manner as if you had signed in a non-electronic form, and (ii) the electronically-stored copy of your signature, any written instruction or authorization and any other document provided to you by Bank is considered to be a true, accurate and complete record, and legally enforceable in any proceeding to the same extent as if such documents were originally generated and maintained in printed form. By accepting this Agreement, you also acknowledge and agree that you have read, understand and agree to all the terms of this Section B, can access the Communications in electronic form, affirmatively consent to the use of electronic signatures and electronic records, and have an active email account. You agree not to contest the admissibility or enforceability of Bank’s electronically stored copy of this Agreement and any other documents.
Your Consent to Electronic Communications. To the fullest extent permitted by law, this Agreement, account statements, notices, legal and rate disclosures for your Account, updates and changes to this Agreement, or other service agreements and other communications (collectively, “Communications”) from us to you regarding your Account(s) and related services with us may be provided to you electronically, and you consent and agree to receive all those communications in an electronic form. Electronic Communications may be posted on the pages within the Paga App and/or delivered to your email address. You may print a paper copy of or download any electronic Communication and retain it for your records. All Communications in electronic format will be considered to be “in writing,” and to have been received on the day of posting, whether or not you have received or retrieved the Communication. We reserve the right to provide Communications in paper format. You may withdraw your consent to electronic Communications by contacting us. A withdrawal of your consent will not become effective until we have received and have had a reasonable period of time to implement it. A withdrawal of your consent does not affect the legal effectiveness, validity or enforceability of any transactions, electronic signatures or electronic records of any Communication entered into, provided or made available before that withdrawal becomes effective. Your consent to receive Communications electronically is valid until your revocation of consent becomes effective. If you revoke your consent to receive Communications electronically, we may terminate the Account and related services. You accept all liability for any losses, cost, damages and expenses resulting from such termination to the extent permitted by law.
Your Review of Communications. Please review promptly all Communications we deliver or make available to you. If Communications are mailed to you, they will be delivered to you at the postal address shown in our records. If Communications are sent to you electronically, they will be delivered to you at the email address shown in our records or made available to you on the Paga App. We will retain printable versions of your Account statements for five (5) years or longer periods as may be required by applicable law. You agree to give us and Paga notice of any change of your postal or email address. If you fail to update or change an incorrect email address or other contact information, you understand and agree that any Communication shall nevertheless be deemed to have been provided to you if it was made available to you in electronic form in the Paga App or you were provided email notification of its availability.
Reporting to You (Statements); Errors and Disputes. Statements will be made available to you to view and/or print on the Paga App. We will send an email notification when the statements are available online on a periodic basis at approximately monthly intervals. The Account statement will describe each credit or debit), date of credit or debit. You may view your statement by logging into Paga’s mobile application. Electronically delivered statements will provide all information that would be available in paper statements. Account statements will be considered to be correct unless you notify us, through Paga, of any errors within sixty (60) days of becoming available. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available. Bank will not be liable to you for any error that you do not report to Bank within that period of sixty (60) days. If you think your statement is wrong or if you need more information about a transaction listed on it, please contact us via Paga, at the customer service contact information set forth in Section L below. In making such communication, you need to tell us: (i) your name and Account number; (ii) why you believe there is an error and the dollar amount involved; and (iii) approximately when the error took place. If you need more information about our error resolution process, contact customer service (at the customer service contact information set forth in Section L below). This paragraph is subject to Section H, and in the event of any conflict between this paragraph and Section H regarding electronic fund transfers, Section H will apply.
Hardware and Software Requirements. To access and retain electronic records of the Communications, you must use computer hardware and software that meets the following requirements: a Current Version (defined below) of an Internet browser we support; a connection to the Internet; an email account and related software capable of receiving email through the Internet and, if you use a spam filter, capable of permitting messages from us; a Current Version of a program that reads and displays PDF files (such as Adobe Acrobat Reader); and a computer or mobile device with an operating system capable of supporting all of the above. By "Current Version," we mean a version of the software that we support and that is currently being supported by its publisher. To print or download electronic records of Communications, you must have a connected printer or sufficient space on a long-term storage device.
C. The Account, Generally.
Eligibility. The Account is available to consumers who are citizens, permanent residents or non-permanent resident aliens in the United States on a valid long-term visa, at least eighteen (18) years of age, and with a valid Social Security Number or a Tax Identification Number. The Account is also available to non-US-residents in approved jurisdictions where the Paga App is available, upon Bank approval, if the equivalent of a Social Security Number or a Tax Identification Number is obtained and verified in any country where Paga App users are permitted to register. All deposits to and withdrawals from the Account must be in U.S. dollars. Paga or another third-party may provide you with a means of converting foreign currency into U.S. dollars for deposit. You must agree to accept electronic, rather than paper statements, as provided above. This means: (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements). If you do not do so, you may not open an Account. If you withdraw your consent, we may close your Account.
Important Information about Procedures for Opening a New Account. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an Account. What this means for you: When you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.
Account. The Account consists of an interest-bearing checking account used to hold your deposits and make payments and transfers to and from the Account. You will access your Account via the Paga App. If enabled by us, the Account may include the use of a Card, which is linked to the Account for purposes of making payments and transfers to third parties. Additional information relating to use of the Card is set forth in Section J.
Password Security. You are responsible for maintaining adequate security and control of any and all user IDs, passwords, hints, personal identification numbers (“PINs”), or any other codes that you use to access the Account or Card. If you permit any other person(s), including any data aggregation service providers, to access or use your user IDs, passwords, hints, PINs, or any other codes that you use to access the Account or Card, you are responsible for any transactions and activities performed from your Account or Card and for any use of your personal and account information by such person(s) to the maximum extent permitted by law. Do not discuss, compare, or share information about your account number or password unless you are willing to give them full use of your money. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account or Card by third parties and the loss or theft of any funds held in your Account and any associated accounts. Electronic withdrawals are processed by automated methods, and anyone who obtains your Account number, Card or access device could use it to withdraw money from your Account, with or without your permission. You are responsible for keeping your email address and telephone number up to date in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your account login credentials due to no fault of Bank or the Company and/or your failure to follow or act on any notices or alerts that we may send to you, except as required by law, including 12 C.F.R. § 1005.6. You agree to promptly review all Account and transaction records and other Communications that we make available to you and to promptly report any discrepancy to us.
Account Maintenance Fee . You agree to pay us a two dollar ($2) account maintenance fee on the last business day of each calendar month for use of the Account.
Account Titling and Ownership. The Account may be owned and titled in the name of one (1) person who shall solely retain the right to direct the deposit or transfer of funds, or jointly. The Account cannot be owned or titled jointly by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).
Power of Attorney. You may wish to appoint a designated attorney-in-fact to conduct transactions on your behalf (in such capacity, your “Agent”). We have no duty or agreement whatsoever to monitor or insure that the acts of your Agent are for your benefit. We will not be required to follow the instructions of your Agent unless you have furnished us a power of attorney in a form or under circumstances acceptable to us. Unless you revoke it, a power of attorney continues until your death or the death of the person given the power. If the power of attorney is not “durable,” it is also revoked when you become incompetent. We may require your Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of your Agent’s knowledge, you are alive and competent and that the relevant powers delegated to your Agent have not been amended or terminated. We may continue to honor the transactions of your Agent until: (1) we have received written notice of the termination of the authority or notice of your death, and (2) we have a reasonable opportunity to act on that notice. You agree not to hold us responsible for any loss or damage you may incur as a result of our following instructions given by an Agent acting under a valid power of attorney.
Privacy Policy. Bank’s privacy policy is available at https://www.regent.bank/privacy-policy/ and https://www.regent.bank/online-privacy-policy/ . By entering into this Agreement, you acknowledge that you have read and accepted the Privacy Policy.
Location of the Account. Your Account is established in the State of Oklahoma.
Internet Gambling; Illegal Transactions. You agree not to use your Account, Card or our services for unlawful online gambling or any illegal activity. We may refuse to process any transaction that we believe may violate the terms of this Agreement or applicable law. You acknowledge and agree that we have no obligation to monitor, review or evaluate the legality of your transactions and Account activity. You agree that using Bank or Company services or your Account or Card for illegal activity will be deemed an action of default and/or breach of contract and, in such event, our services and/or your Account may be terminated at our discretion. You further agree that should illegal use occur, you waive any right to sue us for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify and hold us harmless from any suits, legal action, or liability directly resulting from such illegal use. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal.
Freezes, Blocking or Closing Accounts Due to Irregular or Unlawful Activities. You agree that if Bank or the Company suspects that any irregular, unauthorized, or unlawful activity may be occurring in connection with your Account or Card, Bank or the Company may “freeze” or place a hold on the balance in the Account pending an investigation of such activities. If the Bank freezes your Account, Bank will give any notice required under the circumstances by the laws governing the Account. If Bank’s investigation confirms Bank’s suspicions of irregular, unauthorized, or unlawful activity then, notwithstanding anything to the contrary in this Agreement, Bank may immediately close your Account and Card, and may also close any or all other accounts, if necessary, to comply with applicable law. You agree that the Bank may also freeze, block, or close your Account as necessary in order to comply with regulations issued by the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
D. Interest Information.
Which Accounts Bear Interest. Your Account will bear interest as described in this Section D.
Rate Information. The initial interest rate and APY for the Account appear in the Account Opening Disclosures. This is a variable rate account. We may, at our discretion, change the interest rate and APY for your Account at any time; this may be changed daily. Paga will notify you of any change in the interest rate and APY for your Account by posting the new interest rate on the Paga App.
Accrual of Interest. Interest begins to accrue no later than the business day the deposit is credited to your Account. Interest will be compounded daily and credited to your Account on a monthly basis. Account interest is calculated using the daily balance calculation method. This method applies a daily periodic rate to the principal balance in the Account each day. There are no minimum or maximum balance restrictions on your Account.
Forfeit of Uncredited Interest. If you close your Account after interest has accrued but before it is credited to your Account, you will forfeit that interest, and it will not be credited to your Account.
E. Deposits to your Account.
Deposits to the Account. You can make deposits into your Account using any of these methods:
* The limits included here are the highest limits allowed for transactions. However, we reserve the right to allow you to transact higher volume than the limits defined herein at any time without prior notice. In certain cases, for security reasons, we may lower your limits upon notice to you at the time you attempt to initiate a transaction. Limits for Instant Account Funding are described in Section K below.
Linking Bank Accounts. You may link an account with us or an external account at a third-party financial institution for online transfers between your linked account(s) and your Account. You may link your external account(s) with your Account by (i) logging into your financial institution on the Paga App, or (ii) by providing the account and routing details for the external account and verifying the two (2) micro deposits we send to your external account the next business day. We may also verify your control of the external account by requiring you to submit proof of ownership of the external account(s). We may decline the use of any external account at our discretion, including if we believe that such use may present a risk to you or us. By linking your external account to your Account, and by subsequently logging into your linked account(s) through the Paga App, you authorize us to view your account history and profile, including, but not limited to, your account and routing details, authentication details, balance, transaction history, contact information, and other related information made available by such external financial institution; and you understand this information may be used to transact on your behalf and perform other services subject to our Privacy Policy and the Privacy Policy of the Company. When adding an external account, you represent and warrant that you are the owner of, and have the right to access, use and authorize us to use the external account for information and funds transfer purposes. If any of your linked accounts has a joint account holder, you represent and warrant that the joint account holder has consented for you to represent both you and them, and to use the external account with the Paga services. If you do not have such consent, you should not use that external account, and we will terminate your use of the linking service if we are notified of such a situation. If you close any of your external accounts, you are responsible for removing it as an account eligible for the linking service to avoid any transaction failure and possible charges related to a failed transaction. We are not responsible for any acts or omissions by the external financial institution or other provider of any linked external bank account, including, without limitation, any modification, interruption, or discontinuance of any linked external bank account by such financial institution, service provider or Paga.
Direct Deposits. If enabled by us for your Account, your Account number and bank routing number may be used for the purpose of initiating direct deposits to your Account. The Account number and recipient’s name on any direct deposit we receive must match your name. Any direct deposit received in a name other than the name registered to the Account will be returned to the originator. If your Account number changes you must immediately notify your employer or any other payors. You must provide them with the new Account number to ensure that your direct deposit activity continues uninterrupted. If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same person or company, you can contact us via Paga at the customer service contact information set forth in Section L below to find out whether or not the deposit has been made.
Account Funding with Cards. If enabled by us for your Account, you may fund your Account with your debit card from an outside financial institution. To fund your Account using a debit card you must have a valid debit card issued by a U.S.-based bank or financial institution bearing the Visa, MasterCard or Discover logo. If enabled by us for your Account, you may use one of those debit cards to fund your Account in Instant Account Funding transactions, which are further described in Section K below.
You may not use prepaid cards or gift cards with your Account. Please keep your card account information current. If your card account number changes or your card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly. You may dispute a payment made with your card issuer if you used a debit card to fund your payment. Your rights with respect to the card issuer may be broader than those available under this Agreement.
Wire Transfers. If enabled by us for your Account, you may fund your Account with a wire transfer. When we accept a wire transfer payment order instructing payment to you or to your Account, we will notify you of our receipt of payment by indicating the amount in your Account statement. Your Account statement will be the only notice of receipt which we will provide you, and no interest will be paid on wire transfer payments deposited into your account unless the account otherwise pays interest.
No Deposits in Cash or Paper Checks. Bank will not accept deposits in cash or paper check. We are not liable for any deposits (including cash) lost in the mail, lost in transit, or not received by us. We do not accept (i) deposits in cash, cashier’s checks or money order or (ii) deposits of any type of check via mail. If we receive any of those instruments by mail, we will return it to the address we have for you on file. Only deposits made in accordance with the terms of this Agreement will be accepted.
Our Right to Charge Back Deposited Checks or Electronic Transfers. If you receive an electronic transfer as provided in this Agreement and (i) the paying bank returns it to us unpaid; (ii) the paying bank demands that we repay them because the electronic transfer was fraudulent; or (iii) the sending bank or the originator of an item 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 Account, even if the balance in your Account is not sufficient to cover the amount we subtract or hold, causing an overdraft. If we have reason to believe that any of the events in the previous sentence have 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 non-customer account until we determine who is entitled to them.
Right to Reject Any Deposit. We may refuse any deposit, with or without cause. We are under no obligation to accept any item, wire, electronic funds transfer, or other transaction for deposit to your Account or for collection, and we may refuse to give value for any such transaction. We may restrict access to any deposit credited to your account that violates any laws of the United States, including those giving rise to OFAC sanctions.
F. Withdrawals from the Account.
In addition to those withdrawals using your Card (if applicable) described in Section J below and Instant Push to Card Transactions (if applicable) described in Section L below, you can make withdrawals from your Account using any of these methods (if enabled by us):
* The limits included here are the highest limits allowed for transactions. However, we reserve the right to allow you to transact higher volume than the limits defined herein at any time without prior notice. In certain cases, for security reasons, we may lower your limits upon notice to you at the time you attempt to initiate a transaction. Limits for Instant Push to Card are described in Section K below.
Instant Push to Card. If enabled by Platform, you may be able to send payments from your Account in Instant Push to Card transactions, which are further described in Section K below.
Wire Transfers. If enabled by us for your Account, you may make payments or withdrawals from your Account via a wire transfer payment order. Payment orders will not be accepted until executed by us. We reserve the right to refuse to accept any payment order.
No Overdrafts. You are not permitted to overdraw your Account. If the available balance in your Account is at any time not sufficient to cover any payment or withdrawal you have authorized, we may refuse to process the payment or withdrawal. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance of (i) $50 or more, it will be closed immediately and (ii) less than $0 for 4 consecutive months will be closed. If you fail to pay the amount of any overdraft, we reserve the right to refer your overdrawn Account to an attorney for collection, and you agree to pay all reasonable expenses, including, but not limited to, reasonable attorney’s fees and court costs, incurred by us as a result of your Account being overdrawn.
Notice of Furnishing Negative Information. We may report information about your Account to credit bureaus. Unpaid overdrafts may be reflected in your credit report.
G. Funds Availability.
In addition to those withdrawals using your Card (if applicable) described in Section J below and Instant Push to Card Transactions (if applicable) described in Section L below, you can make withdrawals from your Account using any of these methods (if enabled by us):
Availability. We make funds available according to the type of deposit and when the funds are applied or credited to your Account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments or, if available, transactions using your debit card during the deposit hold period. We have the right to refuse any deposit. If any direct deposit, ACH transfer or other transfer for which you have received credit is not paid for any reason, you agree to pay us the amount for which you have received credit. The length of the delay in the availability of funds will vary depending on the type of deposit.
Business Days. The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received after the cut-off times provided in this Agreement or on a day Bank is not open will be processed the following business day that Bank is open.
Same Day Availability. Funds received from preauthorized electronic payments, such as payroll direct deposits, will be available on the day we receive the deposit. Funds from ACH credits that we receive from a verified external bank account will be available on the day we receive the deposit. Funds from internal transfers will be available immediately, and funds from Instant Account Funding will be available within the same day.
Longer Availability. Electronic transfers depositing into the Account initiated through Paga may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached us.
How Your Account Balance and Available Balance are Determined. To avoid a negative balance and/or Bank’s refusal to process a transaction, it is necessary to understand how your Account balance is determined to avoid having non-sufficient funds in your Account. Your Account has two kinds of balances: the actual balance and the available balance. Your actual balance reflects the full amount of all deposits to your Account as well as payment transactions that have been posted to your Account. It does not reflect transactions that have been authorized but are still pending. Your available balance is the amount of money in your Account that is available for you to use. Your available balance is your actual balance less: (1) holds placed on deposits; (2) holds on debit card or other transactions that have been authorized but are not yet posted; and (3) any other holds, such as holds related to any pledges of Account funds and any minimum balance requirements or to comply with legal process. We use your available balance to determine whether there are sufficient funds in your Account to pay items, including drafts, ACH, debit card and other electronic transactions, as applicable. Pending transactions and holds placed on your Account may reduce your available balance, in our sole discretion. Pending transactions and holds also may cause your Account to become overdrawn during the time the transaction is pending or a hold is in effect. You may check your available balance and actual balance on the Paga App, at an ATM, if a debit card has been issued, or by contacting us via Paga at the customer service contact information set forth in Section L below.
How Transactions are Posted to Your Account. There are two types of transactions that affect your account: credits (deposits of money into your Account) and debits (payments out of your Account). It is important to understand how each is applied to your Account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your Account. If we change these practices, we will provide you notice in accordance with this Agreement.
Credits. Deposits are generally added to your account when we receive them. However, in some cases when you deposit funds, the full amount of the deposit may not be available to you at the time of deposit.
Debits. There are several types of debit transactions. Common debit transactions are generally described below. There are many ways transactions are presented for payment by merchants, and we are not in control of when transactions are received. We receive multiple data files every day from the Federal Reserve with ACH transactions Monday through Friday. If the day is a recognized federal holiday by the Federal Reserve, we may not receive or process a file that day. For ACH transactions that we receive at the same time, for example, all in the same data file, ACH credit transactions are posted first and ACH debit transactions are posted second in the order received by us. Bank posts ACH transactions throughout the day Monday through Friday, excluding federal holidays. PIN-Based Card purchase transactions are purchase transactions using your Card for which a merchant may require you to enter your personal identification number (PIN) at the time of sale. They are processed through a PIN debit network. These transactions are similar to ATM withdrawal transactions because the money is usually deducted from your available balance immediately at the time of the transaction. However, depending on the merchant, a PIN-based transaction may not be immediately presented for payment. Signature-Based Card purchase transactions are purchase transactions using your Card that are processed through a signature-based network. Rather than entering a PIN, you typically sign for the purchase; however, merchants may not require your signature for certain transactions. Such signature-based transactions are not immediately presented for payment. Instant Push to Card transactions are deducted from your available balance immediately at the time of the transaction.
Authorization Holds. When you use your Card for certain transactions, the merchant accepting your Card may request advance authorization of that transaction, and we may place a hold on your Account. This may be the case where you present your Card for payment at restaurants, gas stations, hotels and certain other retail establishments. In certain situations, certain kinds of merchants are permitted to request authorization for a Card transaction in an amount different from the amount of the actual transaction. When we receive an authorization request from a merchant, we do not receive information from which to determine whether the request covers the actual amount of a transaction, an estimated amount, or whether the merchant’s request exceeds the amount permitted. Each hold will reduce the available balance in your Account by the amount of the hold, but will not affect your actual balance. In the event the available balance in your Account (i.e., net of the hold) is insufficient to pay items posted to your Account, transactions will decline. An authorization hold is not payment for an authorized transaction. The transaction is subsequently processed by the merchant and submitted to us for payment. We will make payment for a transaction only after the actual transaction is presented to us physically or electronically. This can happen hours or sometimes days after the transaction, depending on the merchant and its payment processor. These payment requests are received in real time throughout the day and are posted to your Account when they are received. Many purchases that are done through the Internet or with a merchant where goods are ordered and to be delivered at a future date will create an authorization at the time of purchase but the transaction may not be sent to us for posting until the merchandise is shipped. Any authorization hold on your Account will be released upon the earlier of: (a) the day we: (i) receive the actual transaction, (ii) post that transaction to your Account for payment, and (iii) match the authorization of that transaction to the actual transaction; or (b) five (5) business days after the date we authorized the transaction. The release of the hold will be in the form of a credit to your Account for the amount of the original hold. Credits for released holds and payments for Card transactions are posted separately to your Account, and the credit for any particular hold is not used to pay the particular transaction for which the hold was originally placed.
H. Electronic Funds Transfer Disclosures.
Electronic Transfers. If enabled by us, you may originate transfers to and from your Account as provided in Sections E and F of this Agreement. The payee name on any direct deposits or credits we receive should, in addition to having the correct Account number, match the Account owner name associated with the Account. Any deposits received in any other name may be returned to the originator.
Same Day ACH. Cut-off Time. The cut-off time for scheduling same day ACH transfers (if enabled on your Account) is 1:00PM Pacific Time. If enabled by us, the Same Day ACH means that the transfer will be performed on the same business day. Any same day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled as next day ACH transfer. In some circumstances, transactions may be delayed for risk or compliance reasons.
Electronic Transfers Using Your Account Number. If enabled by us, you may authorize a third party, such as your employer or a government agency, to transfer funds to and from your Account by providing your Account number and your routing number to such third party. Your Account information should only be provided to trusted third parties authorized to initiate the electronic funds transfers.
Debit Cards and ATM Services. Your Physical and Virtual Card can be used for purchases at points of sales and/or withdrawals at ATMs.
Other Types of Electronic Transfers Available. If enabled by us via Paga, you may arrange with another party to electronically deposit funds on a one-time or recurring basis directly into your Account. If enabled by us via Paga, you may arrange with another party to make one-time or recurring charges to your Account to pay bills.
Limitations on Transfers, Amounts and Frequency. Your rights under this Agreement to make electronic funds transfers are subject to the frequency and dollar amount limits established in Sections E and F of this Agreement.
Right to Receive Documentation of Electronic Funds Transfers. You will get a monthly account statement (unless there are no transfers in a particular month. In any case you will get the statement at least quarterly). You can obtain documentation of a transfer at the time you make any transfer to or from your Account using Paga. You can also contact us at the customer service contact information set forth in Section L below to obtain information about any particular deposit or transfer. If you have arranged to have direct deposits made to your Account at least once every 60 days from the same person or company, you may email us at help@paga.com to find out whether or not the deposit has been made. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or make purchases at point-of-sale terminals.
Notice of Varying Amounts. If you have scheduled recurring transfers from your Account via Paga or by authorizing a third party to debit your Account, these regular payments may vary in amount, and if they do, the person you are going to pay will tell you, ten (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.)
Right to Stop Payment of Preauthorized Transfers and Procedures. If you have scheduled a one-time or a recurring transfer via Paga, you may stop or cancel that transfer by following the procedures defined here. To stop a transfer that you initiated via the Paga App, either one-time or recurring, use the Paga App to cancel such payment, or contact us at the customer service contact information set forth in Section L below to request cancellation of the transfer. To stop a one-time or recurring transfer that you have authorized a third party to debit from the Account, please contact that third party to request the cancellation of the payment. You also may contact us at the customer service contact information set forth in Section L below to request a stop on the payment. If you wish to contact us to stop a one-time or recurring transfer that you initiated via the Paga App or that you have authorized a third party to debit from the Account, your request to stop the transfer must be received at least three (3) business days before the transfer is scheduled to occur. Regarding recurring payments, you should specify whether you wish to stop one recurring payment or all recurring payments. If you do not specify, all recurring payments may be stopped. You must specify the name of the payee, the dollar amount of the payment and the date of the payment. Regarding recurring transfers that you initiated, we will be liable for your losses or damages if you requested the stop payment at least three (3) business days before the transfer was scheduled to occur and we did not stop the payment. In the case of a recurring third-party debit authorization, you may contact us to stop one recurring payment. To stop all future payments pursuant to the third party's recurring authorization, you must put your initial oral request (if oral) in writing and send it to us within fourteen (14) days of your initial oral request. If the written stop payment notification is not received at least fourteen (14) days before the future payment is scheduled to occur, we will honor that and all other future payments as originally authorized without liability to you.
Your Liability for Unauthorized Transfers. You must contact us, by calling +1(626) 722-5443 or emailing help@paga.com if you believe your Account number, Card or PIN was stolen or if you believe someone has transferred or may transfer money from your Account or by using your Card without permission. Telephoning is the best way of keeping your possible losses down.
If you notify us within two (2) business days after you learn of the loss or theft of your Account number, Card or PIN or other unauthorized access to your Account, you can lose no more than $50.00 if someone used your Account or Card without your permission. If you do NOT notify us within two (2) business days after you learn of the loss or theft of your Account number, Card or PIN or other unauthorized access to your Account, and we can prove that we could have stopped someone from using your Account number, Card or PIN without your permission if you had notified us, you could lose as much as $500.00.
If your statement shows transactions that you did not make, including those made by use of your Account number, Card or PIN, notify us at once. If you do not notify us within sixty (60) days after the statement was made available to you, you may not get back any of the money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or a hospital stay) keeps you from telling us, we will extend the time periods.
Errors and Disputes. If you think your statement is wrong or if you need more information about a transaction listed on it, please contact us at +1(626) 722-5443 or email at help@paga.com. You must report any errors within sixty (60) days from the date on which we made available to you on the Paga App the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number (if any).
(2) 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.
(3) Tell us the dollar amount of the suspected error.
If you call us, we may request 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 use this additional time, we will credit your Account for the amount you think is in error within ten (10) business days, so that you will have 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 will not credit your Account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
You will be informed of the result of the investigation within three (3) business days after our completion of the investigation. If we decide there was no error, we will send you an explanation by email or by making it available via the Paga App. Copies of the investigation documentation can be obtained by calling Paga at +1(626) 722-5443 or email at help@paga.com.
Our Liability for Failure to Complete Transactions. If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, we are not liable for any failed transfer if, for instance:
(1) through no fault of ours, you do not have enough funds available in the Account to make the transfer;
(2) the merchant refuses to accept the transaction;
(3) the ATM or device does not have enough cash or is not working properly;
(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) the merchant requests authorization for an amount greater than the purchase amount;
(6) access to your Card, Account or linked account has been blocked after you reported your Card, Account number or linked account number lost or stolen;
(7) there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
(8) we have reason to believe the requested transaction is unauthorized;
(9) we have received incomplete or inaccurate information from the third-party payor or payee;
(10) if circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(11) if there are other exceptions stated in this Agreement or as provided by law.
Business Day. For purposes of these disclosures in Section U, our business days are Monday through Friday. Federal holidays are not included.
Confidentiality. We will disclose information to third parties about your Account or the transfers you make: (i) where it is necessary for completing transfers, (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; or (iv) if you give us your written permission.
ATM fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
I. Wire Transfer Services.
Electronic Transfers via Wire Transfer. If enabled by us via Paga, you may originate transfers to and from your Account via wire transfer as provided in Sections E and F of this Agreement. Subject to the terms and conditions of this Agreement, you hereby authorize Bank and Bank hereby agrees to honor, execute and charge to the Account all requests for the wire transfer of funds you make through the Platform. The Uniform Commercial Code (“UCC”) includes provisions relating to wire transfers. The provisions define the following terms: funds transfer, payment order and beneficiary. The terms are used here as they are defined in Article 4A of the UCC titled “Funds Transfers” as adopted by the State of Oklahoma. In general, a funds transfer is the process of carrying out payment orders that lead to paying a beneficiary. The payment order is the set of instructions given to bank to transfer funds. The beneficiary is the person or business who received the payment. You may submit domestic and foreign U.S. wire transfer requests via Paga. Wire transfer requests will not be accepted through any other medium. Incoming domestic U.S. and foreign wire transfers to the Account are processed by the Bank. Wire transfer refers to the transfer of funds through the Fedwire® Funds Service of Federal Reserve Banks or other means. Wire transfer does not include ACH transfers. [For outgoing wire transfers, a fee is charged to Account associated with or originating the outgoing wire transfer for outgoing wire transfers. Information about the fee can be found below.
Verification of Wire Transfer Requests. A wire transfer request will be processed only if the request complies with Bank’s security and verification procedures. You must log into the Paga and pass two-factor authentication to submit a wire transfer request, and further agree to comply with any other security procedures that Bank adopts now or in the future for initiation of wire transfer requests. You agree that any wire transfer request, or request for amendment to or cancellation of a wire transfer request, as described below, made pursuant to Bank’s security and verification procedures, shall be conclusively deemed to be your instruction, whether or not you authorized the same, and you will be required to pay Bank, and Bank is authorized to charge the Account, for any such wire transfer.
Adequacy of Security and Verification Procedures. You acknowledge Bank’s security and verification procedures will not detect error in the transmission or content of the wire transfer instruction and agree to be solely responsible for the discovery and identification of any error and to advise Bank of such error as described below. You agree Bank’s security and verification procedures as implemented by Bank from time to time, are commercially reasonable, and you will be bound by any wire transfer instruction issued in your name and accepted by Bank in compliance with the procedures.
Wire Transfer Request Procedures and Accuracy. All wire transfer requests must conform to Bank procedures, which may be amended by Bank from time to time. The procedures include the method for submitting wire transfer requests and cut-off times. You understand the accuracy of the account/routing/transit number associated with a financial institution (“FI”) and the account number of a wire transfer recipient, i.e., the beneficiary, is critical. You acknowledge and agree that Bank and beneficiary’s FI may rely solely upon the account/routing/transit number or similar identifying number provided in the wire transfer request to identify (a) the beneficiary and (b) the beneficiary’s FI. You are required to pay the Bank, and Bank is authorized to charge the Account, for any wire transfer made by Bank at your request using such account/routing/transit number or similar identifying numbers, even if you identified the beneficiary or FI by name. If there is a discrepancy in your wire transfer request between the name of the beneficiary or the FI and such beneficiary’s account/routing/transit or similarly identifying number, Bank will, and is authorized to make payment on the basis of such identifying number, even if it results in a beneficiary or FI other than the one designated by you by name being paid. If you give us a payment order that is erroneous in any way, you agree to pay the amount of the order whether or not the error could have been detected by any security procedure we employ.
Time of Wire Transfer Request; Sufficient Funds Available. Regardless of what time or day you complete a wire transfer request through Paga, the business hours of the wire transfer department of the Bank determine when wire transfer requests are processed. The business hours and processing cut-off times appear below. The business hours and cut-off times may be amended by the Bank from time to time. Wire transfer requests received on a non-business day or after hours on a business day will be handled the next business day. Bank is not required to act on the day it receives a wire transfer request if the request is received after business hours or Bank cannot reasonably execute the wire transfer request within such business hours. Bank is authorized to use any means for the transmission of funds Bank considers suitable. The Bank is not required to honor wire transfer requests, unless you have an Account balance of actually and finally collected funds sufficient to cover the amount of the wire transfer and fees to be charged to the Account. If, because of circumstances beyond its control, Bank is delayed beyond the time limits appearing below or by law in acting upon a wire transfer request, the time for acting shall be extended for the time necessary to complete the action, if Bank exercises such diligence, as circumstances require.
Handling of Wire Transfer Requests, Amendments, Revocations and Discrepancies. You may ask Bank to amend or cancel any wire transfer or related instruction, subject to authentication using the procedures set forth above, and Bank will use its best efforts to comply with such request if the request is made at a time and in a manner that gives Bank a reasonable opportunity to act on the request before it makes the wire transfer or carries out the instruction as you originally requested; provided, however, you agree Bank shall not be responsible and will have no liability for any loss resulting from any delay in handling or completing a wire transfer request, or for Bank’s inability for any reason to carry out a requested amendment or cancellation of a wire transfer request. If you ask Bank to recover funds Bank has already transferred in accordance with a wire transfer request, Bank may attempt to do so in its sole discretion, but Bank shall be under no obligation to seek recovery of any funds. If Bank grants a request to attempt to recover funds, Bank will take such action as it deems reasonable under the circumstances, including, for example, sending a request to reverse the transfer to any FI that received such funds. In no event, however, shall Bank be deemed to have guaranteed or otherwise assured the recovery of any portion of the amount transferred, nor to have accepted responsibility for any amount transferred before Bank received and had time to act upon the request to amend or cancel the wire transfer request.
Duties of Bank. The duties and responsibilities of the Bank with respect to wire transfers are specifically contained in this paragraph. Bank shall exercise the same degree of care and discretion in acting upon an instruction for the wire transfer of funds as Bank would ordinarily take in the wire transfer of funds for its own account; PROVIDED, HOWEVER, BANK SHALL NOT BE LIABLE FOR ANY ERROR OF JUDGMENT OR FOR ANY ACTION TAKEN OR OMITTED TO BE TAKEN BY BANK EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Any claim for compensation by you must be made in writing and received by us via Paga at help@paga.com or within a reasonable time, not exceeding fourteen (14) days from the date of the transaction on which the claim is based.
Fees and Charges. A $15 fee is charged for each outgoing wire transfer request to the Account associated with or originating the outgoing wire transfer. Fees may also be assessed by the receiving and/or beneficiary financial institution(s) for a wire transfer returned for insufficient or incorrect information provided by you that prevented funds from being applied to the beneficiary account. The fee(s) may vary and will be deducted from the funds returned to Account by the financial institution(s) charging the fee(s).
Compliance with Laws. By using wire transfer services, you represent that (a) you are not located in a country that is subject to U.S. government sanctions, including without limitation, the Crimea region of Ukraine, Cuba, Iran, North Korea, or Syria, or other U.S. government embargoes, (b) you are not a person, group or entity that has been designated by the U.S. government as a Specially Designated National (SDN) or in a “terrorist supporting” country, (c) you are authorized under U.S. federal, state and local laws to conduct financial transactions with Bank, (d) you are not subject to sanctions by the U. S. Department of the Treasury, Office of Foreign Assets Control (OFAC), and (e) you will not use the Account or any services provided by Bank to facilitate payments, either directly or indirectly, to a sanctioned country, person, group or entity. Bank vigorously enforces laws and regulations promulgated by OFAC and, in accordance with OFAC rules, Bank reserves the right to: (i) check the names of current and new customers against OFAC’s database, and (ii) block and/or reject transactions until Bank is satisfied that you or any wire transfer recipient parties are not subject to OFAC sanctions.
Hours of Operation and Cut-Off Times. Bank’s wire transfer department is open from 9:00am to 5:00pm, Central Daylight Time (“CDT”) Monday through Friday. Outgoing wire transfer requests received before 1:00 pm CDT will be processed the same business day if funds are available. Incoming wire transfers received between 9:00am and 1:00pm CDT are processed the same business day. Funds from incoming wire transfers are available the day the deposit is applied to the Account. Wire transfers are not processed on weekends or Federal Reserve Bank holidays.
Remittance Transfers. All international wire transfers will be routed by us through one of our correspondent financial institutions. Wires cannot be sent directly to financial institutions in a country other than the U.S. Domestic wire transfers will settle only in U.S. Dollars. International wires may be in a foreign currency if accepted at our discretion. You will be responsible to ensure that the proper foreign currency is available and may be obtained through us. International wires are considered Remittance Transfers under the U.S. Remittance Transfer Rule and require certain disclosure, cancellation, and dispute rights be provided to you at the time each international wire is requested. Remittance Transfer Rule requirements and timelines supersede any contradicting disclosure, cancellation, or dispute requirements set forth in this Agreement.
Special provisions of the federal Consumer Financial Protection Bureau’s Regulation E govern certain outgoing electronic international transactions initiated by consumers that are defined as “Remittance Transfers.” Included within the definition of a Remittance Transfer are wire transfers of funds from your Account that we may permit you to make under this Agreement to third parties who are located, or whose accounts are located, outside the United States. Among other things, this means that when you request a remittance transfer: (1) You will receive specific disclosures about the details of the requested transfer before you will be permitted to complete the transfer. (2) We will send you a special receipt containing additional information after you have made the transfer. (3) You have certain cancellation and refund rights in connection with these wires if you change your mind within 30 minutes after making payment and the funds have not already been picked up or deposited into the recipient’s account. These rights are briefly summarized below. (4) You have certain rights if you suspect an error or problem with a Remittance Transfer. These rights are briefly summarized below. (5) Certain provisions of this Agreement, which limit our liability to you or make you responsible for losses in various circumstances, do not apply and our or your liability or responsibility is instead governed by the Regulation E Remittance Transfer rules. The Regulation E Remittance Transfer rules provide that if you give us the incorrect account number or recipient institution identifier, you could lose the transfer amount. (6) There may be provisions of this Agreement that are inconsistent with certain rights or responsibilities of you or us under the Regulation E Remittance Transfer rules. In the event of any such inconsistency, Regulation E will control and this Agreement will be deemed modified so as to be consistent with the Remittance Transfer rules, without affecting the validity of any other provisions of the Agreement.
If you want to cancel a Remittance Transfer: you have the right to cancel a Remittance Transfer and obtain a refund of all funds paid to us, including any fees if the funds have not already been picked up or deposited into the recipient’s account. To cancel, you must contact us via Paga at +1(626) 722-5443 within 30 minutes of making payment for the transfer. When you contact us, you must provide us with information to help us identify the transfer you wish to cancel, including the amount and location where the funds were to be sent. We will refund your money within three business days of your request to cancel a transfer, as long as the funds have not already been picked up or deposited into the recipient’s account.
If you think there has been an error or problem with a Remittance Transfer: (1) Call us at +1(626) 722-5443; or (2) email us at help@paga.com, (3) Write us at 1207 Delaware Ave #2352 Wilmington, DE 19806. You must contact us within 180 days of the date we promised that the funds would be made available to the recipient. When you do, please tell us:
(1) Your name and telephone number or address;
(2) The error or problem with the transfer, and why you believe it is an error or problem;
(3) The name of the person receiving the funds, and if you know it, his or her telephone number or address;
(4) The dollar amount of the transfer; and
(5) The confirmation code or number of the transaction.
We will determine whether an error occurred within 90 days after you contact us, and we will correct any error promptly. 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 any documents we used in our investigation.
Please note that, because we utilize commercial wire systems to send these types of Remittance Transfers, they are not classified as “electronic fund transfers” under Regulation E, and accordingly, the additional consumer disclosures set forth in in this Agreement under the heading of “Electronic Funds Transfers Disclosures” do not apply. Please note also that domestic wires within the U.S. (both outgoing and incoming) and international wires into your Account are not subject to the Regulation E remittance transfer rules, and further, they are not subject to the “Electronic Funds Transfers Disclosures” disclosures.
J. Additional Information Regarding Your Card.
Debit Card. If offered by us, you may use a Card to access or use funds in your Account. The Card is a debit card that allows you to have access to your Account to perform electronic funds transfers. You must activate your Card prior to use. You can activate it by purchasing a card and setting up a pin on the Paga App. You are responsible for all authorized transactions initiated and fees incurred in connection with use of the Card. If you permit another person to have access to the Card or your Card credentials, 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. If you need to replace your Card for any reason, please deactivate the Card by notifying Paga via the website and/or mobile application, by calling us at +1(626) 722-5443 or email at help@paga.com.
Expiration Date. The expiration date of the Card is identified on the back of the Card. You agree to sign the back of the Card immediately upon receipt. The Card is our property and must be surrendered to us or discarded upon demand. The Card is a debit card. The Card is not a credit card. The Card is non transferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
Virtual Card. You may have the option of accessing your Account with, in addition to your physical card, a virtual card represented by a 16-digit account number (“Virtual Card”). The Virtual Card may either be single-use, meaning the 16-digit account number will expire after a single transaction, or recurring-use, meaning you may use your 16-digit Account number for multiple transactions. You may not use your Virtual Card to obtain cash anywhere.
PIN. You will be provided with a personal identification number (“PIN”), which must be used in all automated teller machine (“ATM”) transactions and certain PIN debit transactions when requested at the point of sale. You should not disclose your PIN to anyone. If the security or confidentiality of the PIN is compromised, please notify Platform at Platform’s website and/or mobile application in order to block your Card. Alternatively, you may notify Platform at the customer service contact information set forth in Section L below.
Spending and Withdrawals Limits. You may use your Card to withdraw cash from your Account, pay for purchases at places that have agreed to accept the Card, and pay bills directly from your Account in the amounts and on the days you request. There are transactional (dollar) limits per day imposed on your Card. The transactional limits imposed on your Card are provided in the table below. These limits are the maximum amounts that you can spend with your Card per day and are subject to periodic review and to change based on your Account history, activity, Paga’s reviews and other factors. We reserve the right to allow you to transact higher volume than the limits defined herein at any time without prior notice. Because of the limitations imposed by some ATMs and in the event of equipment failure or unavailability, you may not be able to withdraw or to access funds even though you have not exceeded these limitations. The daily period to which the transactional limits apply are on a rolling 24-hour basis.
Fees. The Bank charges $15/year for issuance of physical cards and $10/year for issuance of virtual cards. You may use your physical card at ATMs and cash dispensers. In such cases, you might be charged a fee from such ATMs’ or cash-dispensers’ operators, networks or merchants. You may be allowed to fund your Account via reload at the register services at retailers within the GreenDot® network. You may be charged a fee from such retailer at the time of the transaction.
Foreign Transactions. If you make a purchase in a currency other than dollars, the amount deducted from your Account will be converted by Visa Incorporated into dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa Incorporated itself receives, or the government-mandated rate in effect for the applicable central processing date. The Bank may also charge a foreign transaction fee of 2% + $0.50 of your transaction value when you carry out foreign transactions using your debit card depending on FX adjustments
Card not Present Transactions. If you use the 16-digit Card number without presenting the Card in person (such as for a mail order, telephone, or internet purchase), the legal effect will be the same as if you had physically presented the Card itself. For security reasons, we may limit the amount or number of such transactions you may make.
Processing Errors. We will rectify any processing error that we discover. If the error results in your receipt of less than the correct amount to which you are entitled, we will credit the Account for the difference. If the error results in your receipt of more than the correct amount to which you are entitled, we will debit the extra funds from the Account.
Card on File. If you keep your Card on file with a merchant or payee with authorization to bill that Card for recurring payments, or to make future purchases or payments, you may need to notify each merchant of your updated debit card information, such as a new card number or expiration date, to ensure payments are uninterrupted.
No Warranty. We are not responsible for the delivery, quality, safety, legality, or any other aspect of the goods and services purchased from merchants with the Card. All disputes concerning those matters should be addressed to the merchants from whom the goods and services were purchased. Merchants have no authority to make representations or warranties on our behalf, to bind us or to enter into any agreement on our behalf. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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.
Digital Wallets. You can add your 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 Card is accepted. We may terminate the ability for you to add the Card to a digital wallet at any time. You should contact the digital wallet provider to remove a Card from the digital wallet. We can end or suspend your ability to use a Card with the digital wallet at any time. 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 that person to have access to your personal information, to access your Account and to initiate charges to your Account using the digital wallet service. We currently do not impose a fee for using your Card with 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 Card with such digital wallet service. We are not a provider of any digital wallet service that you may choose to use, 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 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 A DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK, AND WE ARE NOT RESPONSIBLE FOR THE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, OR ACCURACY. You agree that we may exchange your information with your digital wallet provider, a payment network (e.g., Visa and Mastercard), and others in order to enable your use of a digital wallet service, make information available to you about your Card transactions, and improve our ability to offer our services in connection with a digital wallet service. We do not control how digital wallet providers or other third parties use the information received in connection with digital wallet services, and the use of such information is governed by such party’s privacy policy. We are not responsible for the security of the information provided to any digital wallet provider or stored in a digital wallet. We are not responsible if a security breach occurs that affects any information stored in, or sent from, a digital wallet.
K. Instant Payments.
If enabled by Platform, you may fund your Account instantly using an eligible debit card (Instant Account Funding) or instantly transfer funds from your Account to an eligible debit card (Instant Push to Card). You will have to link the debit card to the Account using the Paga App and provide such additional information requested on the Paga App regarding the transaction, and the debit card must be enabled by the payment network for instant transfer services. These transactions operate through card networks (Visa Direct and Mastercard MoneySend). You will be charged a $2 transaction fee for each Instant Push to Card Transaction and a $1 transaction fee for Instant Account Funding. Limits for Instant Account Funding and Instant Push to Card transactions are set forth below. These limits are subject to periodic review and to change based on your Account history, activity, Paga’s reviews and other factors. We reserve the right to allow you to conduct transactions in excess of the limits at any time without prior notice. Additional limits may be imposed by other financial institutions involved in Instant Account Funding and Instant Push to Card transactions that are outside of our control.
You will not use Instant Account Funding or Instant Push to Card transactions to violate any applicable law or regulation, including OFAC rules. Instant Account Funding and Instant Push to Card transactions may fail, be rejected or be delayed due to a review by us or other financial institutions involved in the transactions, such as for fraud, regulatory, or compliance reasons, or if the transaction exceeds applicable limits. An Instant Account Funding transaction also may fail or be rejected for the following reasons, without limitation: (i) there are insufficient funds available in the sender's account; (ii) you reject the payment or decline to receive such payments generally; (iii) the payment exceeds the sender's limits; (iv) your Account is closed, invalid, or ineligible to receive such payments, or is being monitored for suspected fraudulent or other illegal activity; and (v) the sender's account is being monitored for suspected fraudulent or other illegal activity.
By submitting a request for an Instant Push to Card transaction, you irrevocably and unconditionally authorize us to deduct the amount from your Account and to initiate that payment transaction. We may deduct this amount immediately upon receipt of your submission of the request. You should only use Instant Push to Card transactions to make payments to persons who you know. You are responsible for verifying that the information for the receiver of an Instant Push to Card transaction is accurate and complete. We have no obligation to verify the accuracy or completeness of that information. We may reject a requested Instant Push to Card transaction if you do not have sufficient funds in your Account for that transaction. An Instant Account Funding transaction also may fail or be rejected for the following reasons, without limitation: (i) if the recipient rejects the payment or declines to receive such payments generally; (ii) your Account is closed, invalid, or ineligible to send such payments, or is being monitored for suspected fraudulent or other illegal activity; and (iii) the recipient's account is being monitored for suspected fraudulent or other illegal activity.
Any dispute between you and a sender or receiver of an Instant Account Funding or Instant Push to Card transaction must be resolved directly between you and the sender or receiver. We have no responsibility for, and shall not be liable to you in connection with, any dispute between you and a sender or receiver.
L. Miscellaneous
Assignment; Transfer; Non-Waiver. The Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Paga is an agent of Bank for some purposes and will be responsible for carrying out some of Bank’s responsibilities under this Agreement as Bank’s agent, including receiving notices from you, responding to any notices relating to questions or complaints concerning your Account or Card, and carrying out other responsibilities described in this Agreement. Accordingly, where Bank is responsible for matters under this Agreement, those matters may be handled either by Bank via Paga or by Bank directly. Use of the Account and Card is subject to applicable Federal and state laws and all applicable rules and customs of any clearinghouse or other association governing your Account, Card or any transactions. If you or we excuse each other from complying with any part of this Agreement, this will not waive compliance by the excused party on any other occasion, notwithstanding the number of previous excusals or their duration. A party may not rely justifiably upon the other party's past forbearance to vary present or future rights, obligations or performance under this Agreement. If any provision of this Agreement is determined to be invalid, illegal or unenforceable for any reason, that provision shall not invalidate or render unenforceable any other provision of this Agreement.
Deposit Network Service. From time to time, we may, but are not obligated to, deposit some or all the funds in your Account with one or more other depository institutions through a deposit network program (a “Deposit Network Service”) administered by us or by a third-party service provider (a “Third-Party Service Provider”). In order for you to participate in a Deposit Network Service, we may ask you to enter into additional agreement(s) with us with respect to the Deposit Network Service. All depository institutions that participate in a Deposit Network Service (each a “Network Bank” and, together, the “Network Banks”) are insured by the Federal Deposit Insurance Corporation (“FDIC”) or the National Credit Union Administration (“NCUA”). Each account at a Network Bank in which any of the funds in your Account are deposited as part of a Deposit Network Service shall be titled in the Bank’s name or Bank’s agent’s name as custodian and beneficially held to provide deposit insurance coverage to Account customers of Bank. Bank may transfer funds from your Account directly to a Network Bank, or your funds may be placed in the custody of a FDIC-insured or NCUA insured custodian bank (a "Custodian Bank") prior to being transferred to a Network Bank. If any of your funds are held at a Custodian Bank, they shall be placed in an account that is titled and beneficially held to provide deposit insurance coverage to Account customers of Bank. Your funds that are held at a Network Bank will be governed by the terms of this Agreement in the same manner and to the same extent as funds held in your Account at Bank, including with respect to interest rates, fee schedules, and the Funds Availability Policy, but you will not have direct access to any account that is established at a Network Bank or Custodian Bank and may not take any direct action with respect to a Deposit Network Service.
You appoint Bank as your limited agent to provide the Deposit Network Service. Bank may at any time and in its sole discretion effect deposits to and withdrawals from your Account(s) at Bank and any accounts established at the Network Banks as part of the Deposit Network Service. You authorize Bank to use one or more Third-Party Service Providers selected solely by Bank to act as your limited agent(s) to provide the Deposit Network Service, including the selection of one or more Network Banks and one or more Custodian Banks as Bank deems suitable for the purpose of providing the Deposit Network Service. Any funds in your Account(s) at Bank that Bank or its agents deposits at a Network Bank as part of the Deposit Network Service, and any funds that you hold or are held for your benefit at the same Network Bank by any other means (i.e., not by Bank or its agents as part of the Deposit Network Service) in the same capacity in which you hold the funds in your Account(s) at Bank, will be eligible for FDIC deposit insurance or NCUA share insurance, as applicable, in the aggregate up to the Standard Maximum Deposit Insurance Amount (“SMDIA”) in effect under FDIC or NCUA regulations, which is currently $250,000. IT IS YOUR RESPONSIBILITY TO MONITOR THE AGGREGATE BALANCE OF FUNDS YOU BENEFICIALLY OWN AT EACH NETWORK BANK TO DETERMINE WHETHER THE AGGREGATE BALANCE EXCEEDS THE SMDIA AND TO TAKE APPROPRIATE ACTION REGARDING THE FUNDS YOU OWN OUTSIDE YOUR ACCOUNT AT A NETWORK BANK. IF THE AGGREGATE AMOUNT OF FUNDS THAT YOU BENEFICIALLY OWN AT A NETWORK BANK EXCEEDS THE SMDIA, AND THAT NETWORK BANK WERE TO FAIL, YOU MAY BE SUBJECT TO A LOSS OF FUNDS IN EXCESS OF THE SMDIA. If you determine the aggregate balance of your funds at a Network Bank may exceed the SMDIA, then upon your request to customer service (see contact information below), Bank will use reasonable efforts to limit or lower the amount of your funds held, or avoid holding your funds, at such Network Bank. In order to help you monitor your deposits, a current list of Network Banks will be available on the Paga App.
Bank and its agents will maintain records of the balance that each depositor of Bank beneficially holds at each Network Bank. The use of the Deposit Network Service will not modify the Funds Availability Policy that is part of this Agreement. Subject to the terms of the Funds Availability Policy, your access to the funds in your Account will not be affected by Bank’s participation in a Deposit Network Service.
Abandoned or Inactive Accounts. Applicable state unclaimed property laws govern when accounts are considered abandoned. Your Account is usually considered abandoned if you have not made a deposit or withdrawal, or signed in to your online Account, for a specified period of time. We are required by the unclaimed property laws to turn over accounts considered abandoned to the applicable state. Before we turn over an abandoned account, we may send a notice to you by e-mail or the address we show for the account statement. Unless prohibited by law, we may charge to your Account our costs and expenses of any notice, payment and turnover of the remaining balance of your Account to the applicable state.
FDIC Insurance. For any deposit accounts you open, the FDIC requires Bank to disclose, and you hereby acknowledge, that deposits held by Bank are insured up to $250,000 federal deposit insurance limit, per depositor for each ownership category.
Account Owner Representations and Warranties. By requesting, activating or using the Account or Card or by retaining, using or authorizing the use of the Account or Card, the owner of the Account represents and warrants to us that: (a) Account owner has received a copy of this Agreement and agrees to be bound by and to comply with this Agreement; (b) the personal information that the Account owner provides to us in connection with the Account is true, correct and complete; and (c) the Account and Card will only be used for personal, family or household purposes.
Our Relationship with You. This Agreement and the relationship between you and the Bank is that of debtor and creditor, and the Bank owes no fiduciary duty to you. The products and services offered by Paga are not endorsed or guaranteed by Bank and Bank assumes no liability for Paga’s products and services, except for those services expressly provided for in this Agreement. You understand that Paga and Bank are not affiliates or joint venturers with each other. Nothing in this Agreement is intended to be read or understood as making Paga and Bank partners, affiliates or joint venturers or impose any liability as such on either of them. Bank provides the services under this Agreement in part through one or more service providers, including Paga. You agree that Paga and any other such service providers are third-party beneficiaries of this Agreement, which means they can enforce the Agreement against you.
Standard of Care; Limitation of Liability. Our liability for losses you incur in connection with your Account is limited to actual damages proved that are proximately caused by our failure to exercise ordinary care or comply with this Agreement.
We will have no liability for acting on instructions from you, or instructions we believe in good faith to be from you, except as limited by applicable law. We will have no liability for declining to act on instructions whose authenticity or accuracy cannot be verified to our satisfaction, or for not acting on instructions not actually received, except as limited by applicable law. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we and our affiliates contract in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to your Account, Card, any products or services purchased using the Account, or this Agreement (as well as any related or prior agreement you may have had with us).
Without limiting the foregoing, we will not be liable for and will be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communications facilities, equipment failure, war, act of terror, emergency conditions, or other conditions beyond our control. To the extent allowed by law, we not be liable for and will be excused from failing to process or any delay in processing a transfer of funds (i) if, in our sole discretion, processing a transfer would violate or contribute to the violation of any law, regulation or regulatory requirement; or (ii) if processing a transfer, in our sole discretion, would cause it to engage in an unsafe and unsound practice.
Except if another provision of this Agreement requires a shorter time period, any claim, action or proceeding by you to enforce the terms of this Agreement or to recover for any Account-related loss must be commenced within one year from the date that the event giving rise to the claim, action or proceeding first occurs.
You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the Account.
This Section shall survive termination of this Agreement.
Adjustments. If we make an error in your favor by excessively crediting or insufficiently debiting your Account for any reason, including, without limitation, the giving of cash or credit in excess of a corresponding account debit, you agree that you immediately owe us the amount in error, whether you relied on the error or not, and that we may debit your Account for the amount in error.
Indemnification. You will indemnify and defend us and our officers, directors, employees, agents, and representatives, and hold each of them harmless, against suit, judgment, asserted claim, demand, excise taxes, claims, liabilities or losses, including fees of counsel, interest and other expenses, arising directly or indirectly from your Account, Card, our performance under this Agreement, your breach of your obligations under this Agreement, your instructions, actions or omissions, or the instructions, actions or omissions of third parties whom you have permitted to direct, manage, view or otherwise act or omit to act in connection with your Account, except to the extent the claim, liability or loss arises out of our failure to exercise ordinary care or comply with this Agreement. If we and our officers, directors, employees, agents or representatives are entitled to indemnification under this Agreement, we will give you notice of the claim and any further pleadings, communication or other information connected with it. You shall defend us, and our officers, directors, employees, agents, and representatives, or pay for the cost of our defense, as we or our officers, directors, employees, agents or representatives shall elect. The parties shall cooperate for the cost-effective defense of the claim, and we and our officers, directors, employees, agents and representatives will not settle any claim for which indemnification is demanded without your consent. This provision shall survive termination of this Agreement.
Right to Set Off. If your Account balance becomes and remains negative, we can use the funds in any of your accounts with us to repay the negative balance in your Account without any further notice or demand, in full or in part. Moreover, we have the right to set-off against any account you have with us any liability, direct or contingent, past, present or future that you owe us, including, but not limited to, any such liability you owe us under this Agreement. Further, you grant us a lien on and security interest in the funds on deposit in each of your accounts as security for all of your liabilities and obligations to us, now or in the future. You may not grant a security interest in your Account to anyone other than us without our written agreement.
Claims of Loss. If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your Account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
No Warranty of Availability or Uninterrupted Use. From time to time, services related to the Paga App or the Account may be inoperative. When this happens, you may be unable to access the Paga App, and you may be unable to use the Account or obtain information about the Account. Please notify us if you have any problems using the Account or the Paga App. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts. To the fullest extent permitted by law, we do not make any warranties of any kind related to the Paga App, either express or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose.
Amendment. Except as otherwise required by applicable law, we may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on the Paga App, and any such amendment will be effective upon such posting to the website. You will be notified of any amendment(s) in the manner provided by applicable law prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes or your benefit, we may implement it without prior notice.
Customer Service. For customer service or additional information regarding your Account, please contact Platform at:
Phone: +1(626) 722-5443
Email: help@paga.com
Hours. Customer Service agents are available to answer your calls:
Eastern Time: Monday through Friday: 9:00 AM – 9:00 PM.
Central Time: Monday through Friday: 8:00 AM – 8:00 PM.
Pacific Time: Monday through Friday: 6:00 AM – 6:00 PM.
Communications About Your Account. You agree that we may contact you by phone, text message, email, or mail to service your Account. You agree to provide us accurate contact information. You agree that we may contact you at any phone number, email address, or mailing address that you provide us. When you give us a phone number, you expressly consent that we and our agents may contact you by phone call or text message at that phone number. You agree that we may leave you pre recorded messages and that we may use automated telephone dialing systems when contacting you by phone call or text message at any number you provide us. You agree that we may monitor, record, and retain your communications with us at any time in accordance with applicable law.
Arbitration. PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IN THIS ARBITRATION PROVISION, "WE," "OUR" AND "US" REFER TO BANK AND PLATFORM. THIS ARBITRATION PROVISION PROVIDES FOR MANDATORY ARBITRATION OF CONSUMER CLAIMS (SUBJECT TO SOME EXCEPTIONS), INSTEAD OF COURT PROCEEDINGS. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM BEFORE A JUDGE OR JURY IN COURT OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING. RIGHTS YOU WOULD HAVE IN COURT THAT MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL. FEES AND EXPENSES OF ARBITRATION MAY BE HIGHER THAN THOSE ASSOCIATED WITH COURT PROCEEDINGS. THE ARBITRATOR’S DECISION WILL BE BINDING, EXCEPT AS PROVIDED BELOW.
Agreement to Arbitrate. Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) the Account, Card or our services; iii) your use of the Account, Card or our services; iv) the amount of funds held in the Account; v) advertisements, promotions or oral or written statements related to the Account or our services; vi) the benefits related to the Account, Card or our services; or vii) transactions made using the Account, Card or our services, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration shall occur in Okalahoma.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv) closing of the Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, YOU MUST NOTIFY PLATFORM WITHIN SIXTY (60) DAYS FROM THE DATE YOU ENTER INTO THIS AGREEMENT AT HELP@PAGA.COM, TO CLOSE THE ACCOUNT AND REQUEST A REFUND, IF APPLICABLE.
Costs of Arbitration. You and we will be responsible for paying the fees of the arbitrator and any administrative fees charged by the arbitrator according to the rules and procedures of the arbitrator. We will also pay or reimburse you for all or part of other arbitration fees, if the arbitrator determines there is good reason to do so, and we will pay any fees and costs, which we are required to pay by law or by the rules and procedures of the arbitrator. In addition, in the event that you receive an arbitration award that is greater than our last written settlement offer, the arbitrator shall have the discretion to require us to pay your attorneys’ fees and costs. Otherwise, each party will bear its own attorneys’ fees and costs, regardless of who prevails.
The arbitrator’s decision is final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act. Costs will be allocated in the same way as costs are allocated in arbitration by a single arbitrator. A final and binding award is subject to judicial review only as provided by the Federal Arbitration Act. An arbitration award will be enforceable under the Federal Arbitration Act by any court having jurisdiction.
Governing Law. Except to the governed by federal law, this Agreement shall be governed by the laws of the State of Oklahoma.
Termination. We and you each may terminate this relationship unilaterally at any time upon notice. We may suspend your Account, Card or this Agreement at any time. To close your Account and Card and terminate this Agreement, please contact us through Paga at the customer service contact information set forth in this Section L above. When you close your Account and Card, all outstanding items will be processed and posted to your Account or returned unpaid. Upon termination, Bank will return to you any remaining funds in the Account in a check mailed to your address on file associated with the Account, provided that you may request the balance to be returned to an external account that you have maintained, including any linked bank account, such request to be granted at our discretion. Allow at least fourteen (14) days for processing of any such balance return. You agree that we require a reasonable amount of time to make your cancellation effective after you give us notice of cancellation. We will not be liable for any loss or damage that may result from not honoring any items we receive after your Account is closed. All cards and linked bank accounts will be disconnected and no longer available to use in connection with the Account. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to the effective date of your cancellation. You understand and acknowledge that even after executing this Agreement and opening an Account, Bank has the right to close your Account and terminate this relationship, and you will have no right to compel Bank to grant access to Bank services, either initially or after an Account is opened. If you terminate your relationship with Platform, the Account will automatically be closed.
Regent Bank, member FDIC, is the issuer of the Card pursuant to a license by Visa Incorporated. Visa is a registered trademark of Visa Incorporated.
Fee Schedule
