Zurp Terms And Conditions
Effective Date: March 8, 2023
Last Updated: November 16, 2023
- Fee Schedule
- Electronic Communications Agreement
- Cash Account
- Your Card and Membership
- Interest Disclosures
- Interest Rate and APY Schedule
- Eligibility for Interest Rates.
- Limitations on Frequency and Dollar Amounts of Transactions.
- Rewards Program
- Bill Pay
- International Transactions
- Mastercard’s Zero Liability Policy
- Consumer Reporting Agencies
- Credit Limit and Available Credit.
- Mobile Wallets
Hi, and welcome to Zurp, Inc. (“Zurp” or “we” or “us”) , a secured credit card designed to allow you to earn Rewards Points that you can use to access exclusive Rewards. We’re super excited to have you here. Before you begin using the Card, Cash Account or any other Services, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND KEEP IT FOR FUTURE REFERENCE. Please come back to these Terms and Conditions frequently, as they may change from time to time. These Terms and Conditions apply to the interest bearing Cash Account offered by First Pryority Bank, member FDIC, and Zurp Credit Mastercard® Card that has been issued to you pursuant to a license from Mastercard International. The “Program Manager” for the Zurp Credit Mastercard® Card is Zurp, Inc. (“Zurp”) and the customer service telephone number is 888-505-ZURP or the toll-free telephone number on the back of your Card.
In these Terms and Conditions, “Card” means the Zurp Credit Mastercard® Card, including any Physical Card, Virtual Card, and Secondary Card(s) (each as defined below) you may request, as permitted under these Terms and Conditions. The “Cash Account” means the interest bearing deposit account you maintain as a security for your Card. The Cash Account, offered through Zurp’s Banking partner First Pryority Bank and Card are referred to together as the “Accounts.” “Terms and Conditions” means these Terms and Conditions, as they are amended by us from time to time. “You” and “your ” means the person who has received the Card and who is authorized to use the Card as provided for in these Terms and Conditions. “We,” “us,” “our” and “Program Manager” mean Zurp, Inc., together with its successors and assigns. “Bank” means First Pryority Bank, together with its successors and assigns. The “Zurp App” means the platform provided to you by us to access your Zurp Account. For definitions of other words and phrases, see the Definitions section below.
By accepting and/or using the Cash Account and Card, you agree to be bound by these Terms and Conditions, which include, the following sections (the “Sections”):
Section I General Terms
Section II Zurp Credit MasterCard Card Terms, which explains terms specifically related to your Card
Section III Security Agreement, which explains, among other things, our ability to use funds in your Cash Account to pay balances on your Card
Section IV Funds Availability And Electronic Fund Transfer Disclosure, which explains the availability to you of funds deposited in your Cash Account
Section V Legal Process and Arbitration, which explains your legal rights, remedies, and obligations under the Terms and Conditions.
For your reference, these Terms also contain the following schedules, which will also apply to you:
Schedule A Fee Schedule
Schedule B Electronic Communications Agreement
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE LEGAL PROCESS AND ARBITRATION SECTION REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND THAT (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
USA Patriot Act: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Card. This means that when you apply for a Card, we will ask for your name, address, date of birth, social security number or country identification number, and other information that will allow us to identify you. We also may ask to see your driver’s license or other documentation bearing your photo as verifying your identity. By participating in the Zurp program, you agree that the information and statements you provide to us are accurate, including, but not limited to, your real name, valid U.S. residential address, social security number and/or other identification documentation, date of birth, and telephone number. If you fail to provide accurate information that we request, we may decline your request for a Zurp account or cancel your Account and Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and federal investigation. We reserve the right to restrict or delay your access to any such funds.
2. Consent to Terms and Conditions and Modifications.
3. English Language Controls.
The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language.
The following terms below, as used in the Terms and Conditions for Zurp’s Cash Account and Card, shall have the following definitions:
“Access Code” means user ID(s), passwords(s), PIN(s) biometrics or other data related to your Card or Zurp Account.
“ACH” means Automated Clearing House Funds Transfer services.
“ACH transfer” means an electronic, account to account money transfer processed through the Automated Clearing House Network.
“Annual Percentage Yield (APY)” means Annualized percentage rate we pay on your account, and includes compound interest. APY may be higher than the Interest Rate due to compound interest.
“ATM” means an automated teller machine.
“Available Balance” means the balance in your Cash Account at any time, and available for you to accessThe balance is the amount then available in your Cash Account minus your Spent Money at that time.
“Available Credit” means the amount of credit that is available for your use at any point in time via your Zurp Card. Your available credit will be equal to your Cash Account available balance at all times.
“Business Days” means Monday through Friday, excluding federal and legal banking holidays in the State of New York, from 10:00AM to 6:00PM EST.
“Card Balance” means, the total outstanding unpaid balance you owe on all Cards associated with your Zurp Account at any time.
“Card Number” means the number inscribed or printed on the front of your Physical Card or your Virtual Card Number, as applicable.
“Cash Account” means the interest bearing bank account you open with the First Pryority Bank that Zurp maintains (i) to secure the line of credit on your Card, and (ii) for you to facilitate ACH funding, ACH payments and withdrawal transactions.
“Cash Account Number” means the 12-digit account number the Program Manager provides you, which will allow you to initiate ACH and direct deposits to the Cash Account.
“Claim” and “Dispute” have the broadest possible meaning that will be enforced and include, by way of example and without limitation, any disagreement relating in any way to your Cash Account, Card, or any part of your Zurp Account; to services offered in connection with your Card or Cash Account, or any other services offered pursuant to the Terms and Conditions; to your use of any of our banking products or services; to any means you may use to access your Cash Account or Card; to any advertisements, promotions, or oral or written statements related to the Card or Cash Account; to the benefits and services related to a Card or Cash Account; or to your approval, establishment, or enrollment for a Card or Cash Account; or to any disagreements about the meaning, application, or enforceability of Section V.
“Communications” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction histories, privacy policies, payment authorizations and receipts, and all other information we communicate to you in connection with the Services or related products, including but not limited to information that we are required by law to provide you in writing.
“Creator” means a celebrity or social media influencer that may offer products or services as rewards.
“Daily Purchase Limit” means the daily maximum combined amount you can access through withdrawals from your Cash Account and purchases through your Card as set forth in Section 1 paragraph 4 below.
“Electronic Communications Agreement” means the Electronic Communications Agreement attached as Schedule B to the Terms and Conditions.
“Fee Schedule” means the Fee Schedule attached as Schedule A to the Terms and Conditions.
“Interest Rate” means Annualized percentage rate we pay on your account, and does not reflect compound interest, which is any interest paid on interest you’ve earned.
“Legal Process” means a levy, attachment, execution, garnishment, tax withholding order, restraining order, subpoena, warrant, injunction, government agency request for information, search warrant, forfeiture, or other similar order.
“Linked External Account” means a personal external bank account that you have with another financial institution in the U.S. or a U.S. territory.
“Negative Balance” has the meaning ascribed to it in section 16 of the Terms and Conditions.
“Physical Card” means a plastic Card.
“PIN” means the personal identification number you use to make transactions on your Physical Card.
“Plaid” means Plaid Technologies, Inc., a Delaware corporation.
“Preauthorized Credits” means direct deposits and other ACH transactions made to your Cash Account at least once every 60 days from the same person or company.
“POS Purchase” means online and in-store purchases anywhere Mastercard is accepted, as well as ATM withdrawals.
“Program Manager” means Zurp, Inc., a Delaware corporation.
“Recurring Transactions” means transactions that are authorized in advance by you to be charged to your Zurp account or Card at substantially regular intervals.
“Rewards” means products and events you may receive from your Artist by redemption of Rewards Points.
“Rewards Points” means points added to your Zurp Account that you could, once you accumulate the requisite amount, later cash in for Rewards.
“Rewards Program” means the program you are enrolled in when you receive your Card that will allow you to earn Rewards Points that you could later redeem for Rewards.
“Secondary Card” means an additional Physical Card to be issued to a different user. Secondary Cards will not be offered by Zurp..
“Security Interest” has the meaning ascribed to it in section B of the Security Agreement.
“Services” means a Cash Account, Card, or any other financial product or service available through the Program Manager.
“Spent Money” means, at any time, the funds in your Cash Account that, at that time, are used to secure transactions you have made on your Card.
“Virtual Card” means a virtual representation of the Card.
“Virtual Card Number” means the card number written on your Virtual Card that you may use to make transactions.
“Website” means www.zurp.com.
“Zurp Account” means the account you use to log into either the Website or the Zurp App to access your Card, Virtual Card, Cash Account and other Services.
“Zurp App” means the platform provided to you by the Program Manager to access your Card, Virtual Card, Cash Account and other services as provided in the Terms and Conditions.
SECTION I — GENERAL TERMS
1. Your Card.
The Card allows you to access a credit limit that is secured by funds deposited to your Cash Account by you or on your behalf. The funds in your Cash Account are held at First Pryority Bank, an FDIC-insured financial institution, and will be insured by the FDIC for up to $250,000. The Card is not a gift card, nor is it intended for gifting purposes. The funds in your Cash Account will not expire, regardless of the expiration date on the front of your Card. The Card will remain our property and must be surrendered upon demand. The Card is not transferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.
You may request, be issued, and/or use a Physical Card and/or a Virtual Card. Both forms of your Card are associated with the same primary access number, so that you are able to have and use either card as needed and each one will allow you to access the same Credit Limit. Except as otherwise stated in the Terms and Conditions, you have the same rights and responsibilities under the Terms and Conditions whether you use a Physical Card or Virtual Card.
- Virtual Card. Your Virtual Card will be displayed in the Zurp App after the successful verification of your identity and will be activated and ready for use as soon as it is issued to you. You may use your Virtual Card number for transactions or purchases initiated over the phone or online. You will not receive a PIN for your Virtual Card. When you receive and use your Physical Card, you will be able to continue using your Virtual Card as well.
- Physical Card. Your Physical Card will be mailed to the address you provide to us during the registration process. When you receive your Physical Card, activate the Card through the Zurp App and set your PIN.
FEES. THE FEES RELATING TO THE USE (AND MISUSE) OF YOUR CARD ARE SET FORTH IN THE FEE SCHEDULE ATTACHED TO THESE TERMS AND CONDITIONS AND INCORPORATED HEREIN BY REFERENCE. ALL FEES CHARGED TO YOUR ACCOUNTS WILL BE WITHDRAWN FROM YOUR CASH ACCOUNT, UNLESS PROHIBITED BY LAW. You agree to pay all fees associated with the Card, even if you have no Available Balance remaining in your Cash Account. We may from time to time amend the Fee Schedule in our sole discretion as set forth in the section titled “Amendment and Cancellation” below.
Zurp Membership Fees. There is a periodic fee (“Membership Fee”) to maintain a membership (“Membership Plan”). You must have a Membership Plan in good standing to access the Zurp Services and to transact with your Zurp Card. You can choose between monthly and annual Membership Plans. Zurp may, in its sole discretion, remove, change or eliminate any of its Membership Plans (including monthly and annual plans), or it may offer a plan that renews for a term other than monthly or annually. In the event Zurp eliminates a Membership Plan, current users of that plan may be grandfathered into their current plans for a minimum of an additional 60 days (fee prorated, if necessary), which Zurp can extend indefinitely in its sole discretion. Nothing in these terms obligates Zurp to extend a currently offered Membership Plan other than the minimum term paid for by you and any additional period permitted by this Agreement. If your Membership Plan ends, you must agree to a new Membership Plan and pay the required fee to continue using the Zurp Services. You agree to pay all Membership Fees associated with your selected Membership Plan in order to access Zurp Services. We may close your account if we are unable to collect your Membership Fee. You authorize Zurp to initiate an ACH debit from your Linked External Account equal to the amount of your selected Membership Plan. Zurp collects Membership Fees at the time of your application and Membership Fees are non-refundable after 60 days for annual payment plans and 30 days for monthly payment plans. Membership fees will be refunded if we are unable to approve your application. Your Zurp membership will begin immediately upon payment of your Membership Fee even if you have not yet received your Zurp Card. If Zurp requests additional information from you and you fail to provide that information, you may have access to only some of the Zurp Services. Zurp will not refund Membership Fees due to your failure to complete activation of the Zurp Card. Zurp will not refund Membership Fees if we determine you have violated these Terms or have used any Services to engage in fraudulent or illegal activity.
Introduction of Paid Services. All new users who sign up for an account after November 17, 2023 9:00:00 AM ET will need to purchase access to the Zurp’s Services in the form of a Membership Fee to maintain a Membership Plan (“Zurp Core”). There will not be a free core service option available for new users who signed up after November 17, 2023 9:00:00 AM ET.
Legacy Users. Users who registered for an account prior to November 17, 2023 9:00:00 AM ET will be grandfathered and considered Legacy Users. These users will be able to continue accessing the legacy core set of services offered by Zurp at the time of their registration at no charge.
Legacy Users, who currently are in either of the two membership tiers (“Member” and “Silver Member”) can continue accessing these core services indefinitely, as long as they maintain an active account with the Company.
Legacy Members receive 1.50% APY on average monthly balances in their Zurp Cash Account, earn up to 8x points per dollar spent, and can redeem rewards.
Legacy Silver Members will earn 5.00% APY on their Monthly Average Available Balance up to $2,000, and any Monthly Average Available Balance in excess of $2,000 and up to $250,000 will earn 4.27% APY, earn up to 8x points per dollar spent, and can redeem rewards. To qualify as a Silver Member, users must complete at least five (5) settled POS transactions or receive one (1) direct deposit per month.
After the introduction of Paid Services, existing users will be able to keep their current Member or Silver Member benefits as Legacy Users. Both Member and Silver Member benefits will be considered part of the legacy core services and will not be available for new users signing up after November 17, 2023 9:00:00 AM ET.
Zurp reserves the right to revoke or modify access to legacy services and features at any time.
Advance notice will be provided before any changes are implemented.
Transition to Paid Services. Legacy Users will have the option to upgrade to the Zurp’s Paid Services at any time. Pricing and features for Paid Services will be listed on the Zurp’s website. Upgrading to Paid Services will provide access to new features and functionality not included in the legacy core services.
Authorized Users. You may not request a Secondary Card to allow another person to access the Credit Limit of your Card. The maximum number of Secondary Cards permitted is zero. You cannot permit another person to have access to any Card or Card Number; you are liable for all transactions made with any Card, Card Number or Cash Account Number, and all related fees incurred by those persons.
The Card is available to United States citizens or lawful permanent residents of the fifty (50) United States, the District of Columbia, and all U.S. territories who are at least 18 years of age, have a U.S. physical address or with military addresses (APO or FPO), and have a valid Social Security Number or Tax Identification Number. The Account is only available to individuals for personal, family or household purposes and may not be opened by a business in any form or used for business purposes.
We may decline to open a Card for any reason at the sole discretion of the Program Manager. We are not liable for any damages or liabilities resulting from our refusal to open a Card.
3. Cash Account.
Your Cash Account serves two purposes: (1) it serves as the source of credit for your Card, meaning that in order for you to make any purchase or receive a cash advance on your Card, you must have a sufficient Available Balance in your Cash Account, and (2) it also serves as an account through which you can manage your money by transferring money to and from other accounts and persons and obtaining cash. See paragraphs 9 and 10 below for how this may be done.
There may be fees associated with some of the above-mentioned transactions. For fee information, see Schedule A. You agree not to use your Card for illegal activities or for gambling, both online and in person.
4. Interest Disclosures.
Your Cash Account will earn 5.00% Annual Percentage Yield (“APY”) on your Monthly Average Available Balance up to $2,000, and any Monthly Average Available Balance in excess of $2,000 and up to $250,000 will earn 4.27% APY. Your interest rate and Annual Percentage Yield may change at any time without notice. The “Monthly Average Available Balance” is the average of your Available Balance recorded at 11:59:59 pm MST every night over each month, and it does not take into account daylight savings time.
Interest begins to accrue on the business day we receive credit for your deposit. Your Cash Account has a variable interest rate. That means we may change the interest rate and Annual Percentage Yield as often as we choose, without limits and without notice.
Calculation of APY
The APY(s) set forth above are calculated based on the following formula:
APY = [(1 + Interest Rate/12)^(12)]-1
Interest on your account will be compounded and credited during the first week of each following month. If you close your Account, you will receive any interest that has accrued as of the date your Account is closed.
Although there is no minimum deposit required to open a Zurp Cash Account, the interest rate and Annual Percentage Yield that will be applied to your account will be determined by your average Daily Available Balance. See the schedule below for a breakdown.
Interest Rate and APY Schedule
|Interest Rate for Portions of Daily Available Balance of $2,000 or Less||Annual Percentage Yield (APY) for Portions of Average Daily Balance of $2,000 or Less||Interest Rate for Portions of Daily Average Balance of above $2,000||Annual Percentage Yield (APY) for Portions of Average Daily Balance above $2,000||Interest Rate for Card holders who are not Active User||Annual Percentage Yield (APY) for Cardholders who are not Active Users|
5. Eligibility for Interest Rates.
The interest rates and Annual Percentage Yield mentioned in paragraph 4 are only available for any month in which a Card holder is an Active User. An “Active User” in any month is a Card holder who has either paid the periodic fee (“Membership Fee”) necessary to maintain a membership (“Membership Plan”) or is a Legacy User who either (i) makes at least five (5) successfully settled POS transactions on the Card in that month or (ii) receives at least one (1) direct deposits into their Cash Account in that month. Any Card holder, regardless of their Available Balance, who does not meet these eligibility requirements in any month will receive 1.50% APY on their Cash Account Balance.
6. Program Manager.
The Program Manager will perform several services under the Terms and Conditions, including, but not limited to, identity verification, compliance monitoring, risk mitigation, managing your Accounts, and other services. The Program Manager, along with its partners and agents, is the servicer of your Accounts. You may provide us with payment instructions and view certain Cash Account and Card information by logging onto your Zurp Account. The Program Manager may also offer services to you.
7. Limitations on Frequency and Dollar Amounts of Transactions.
The total amount of purchases that you can make in any single day is limited to the Daily Purchase Limit set forth in the table below. Your Daily Purchase Limit may never exceed the Available Balance in the Cash Account. Once you use your Card for transactions or cash
advances, the authorized amount will be considered Spent Money and we will automatically put a hold on your Cash Account equal to that amount. We may, from time to time, permit other electronic payments from your Cash Account, and we will notify you when these changes are made. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card. The table below highlights the frequency and limitations of cardholder transactions in a single day (or additional time frame if warranted):
|Transaction/load type||Maximum amount|
|Cash Advance (ATM)||$500 per day or, if less, the Available Balance|
|Purchases (the “Daily POS (Point of Sale) Limit”)||$5,000.00 per day or, if less, the Available Balance.|
|Send Money||$7,500.00 per day or, if less, the Available Balance|
|Direct deposits||$10,000 per rolling 30 day period|
|Card-to-card transfers||$7,500 per day|
|ACH transfers (bank-to-card transfers)||$25,000.00 per month(includes all ACH transfers and direct deposit loads)|
After your identity has been verified and you activate your Card you will set a PIN that you may use with your Physical Card. Only one PIN will be set for each Card. You will need a PIN to obtain cash at an ATM. You should not write or keep your PIN on your Card. If you believe that anyone has gained unauthorized access to your PIN, you should immediately call the number on the back of your Card, 888-505-ZURP or send notice via email to email@example.com.
9. Adding Funds to Your Cash Account.
You may add funds to your Cash Account at any time electronically through ACH transactions. This can be done by providing the Bank’s routing number (provided to you) and your assigned 12-digit Cash Account Number to your employer or other direct deposit payor. The routing number and your Cash Account Number are for the purpose of initiating direct deposits to and from your Cash Account only. The 16-digit Card Number embossed or printed on your Card cannot be used for these types of transactions. You may also send funds electronically from a Linked External Account to fund your Cash Account. You cannot add funds to your Cash Account by check or money order at this time. There is no maximum balance for your Cash Account. Please note, however, that funds in your Cash Account are FDIC insured through First Pryority Bank for up to $250,000.
10. Using Your Card to Get Cash.
With a PIN, you may use your Card to obtain cash or check your Available Balance at any ATM that bears the Mastercard® or Cirrus brand. All ATM transactions are treated as cash advance transactions, meaning every time you withdraw money from your Card at an ATM, your Available Credit gets reduced by an equal amount. The maximum amount of cash you may withdraw at an ATM via cash advance with your Card on a daily basis is the lesser of either your Available Credit and $500, as described in the section above titled, “Limitations on Frequency and Dollar Amounts of Transactions.” We may limit the amount of any individual ATM withdrawal, and merchants, banks and ATM operators may impose additional withdrawal limits. You will not be charged a fee by Zurp for any cash withdrawal and balance inquiry made at an ATM. However, when you use an ATM, 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).
Note that you are not authorized to initiate a cash advance unless you have a sufficient Available Balance in your Cash Account to cover these transactions. These debits will be declined, and your payment will not be processed. You also may be assessed an ACH Decline Fee (see Schedule A).
11. Rewards Program.
By signing up for a Card, you will be enrolled in our Rewards Program. Please refer to the Zurp Rewards Program Terms and Conditions for more specific information regarding the Rewards Program.
We may change any terms and conditions of the Rewards Program, including but not limited to the number of points earned per dollar spent. Please refer to the Rewards Program Agreement, which was sent to you upon creation of your Zurp Account, for further details regarding the Rewards Program.
12. Security; Locking Your Card.
It is your responsibility to protect the devices on which you access the Services. Do not share your Access Codes, Card(s), Card Number, Cash Account Number, or Zurp Account information with anyone. If you give another person permission to use this information, you may be held fully liable for any transactions they make with your Card even if that person exceeded the authority you gave them. PLEASE BE AWARE THAT WE WILL NEVER CALL, E-MAIL OR TEXT YOU REQUESTING YOUR ACCESS CODES OR OTHER IDENTIFYING INFORMATION. CONTACT US IMMEDIATELY IF YOU BELIEVE YOUR CARD(S) HAS BEEN LOST, STOLEN, OR ACCESSED OR USED BY ANY UNAUTHORIZED PERSON. You may ask us to lock any Card, and we may take other action
we deem necessary to protect the security of your Card or our systems. Locking a Card may not prevent all unauthorized transactions and will not prevent transactions that have already been initiated. We may refuse to follow any of your instructions (payment instructions or otherwise) if we think they are illegal or potentially harmful to us or any other person. If we follow your instructions, we may require other security measures to protect us from any losses we may suffer. To the greatest extent permitted by law, you agree to pay us back for any damages or losses (including, but not limited to, the reasonable costs of an attorney) that we suffer if we take an action based on your (or what appears to be your) oral, written, or electronic
instructions. Unless prohibited by applicable law, you agree to hold us harmless and indemnify us for any liability incurred for reasonably acting upon such instructions.
13. Wireless Operator Data.
Zurp may use information on file with your wireless carrier to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Services. By using the Services, you authorize your wireless carrier to use or disclose information about your Accounts and your wireless device, if available, to Zurp for the duration of your business relationship, solely to help Zurp identify you or your wireless device and to prevent fraud.
14. Linked External Accounts.
15. Automated Clearing House Deposit.
In order to assist you to transfer funds from an account that you own or have control of at another financial institution to your Cash Account using the Automated Clearing House (ACH) Funds Transfer service, we use Plaid to gather your data from the external financial institution(s) you connect via the Zurp App. ACH transactions will not be processed and accessible until the service is activated by us. Funds from these types of deposits will be made available only in accordance with Section IV
16. Split Transactions.
If you do not have enough Available Credit to make a particular purchase on your Card, you may instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. Please ask your merchant what its policy is on split transactions before initiating a split transaction.
17. Transactions Using Your Card Number.
If you initiate a transaction without presenting your Card (such as for a mail order, internet or telephone purchase), the legal effect will be the same as if you used the Card itself.
18. Card Balance.
Since you may only make charges on your Card that are equal to or less than your Available Balance in your Cash Account, we don’t charge interest on any Card Balance.
19. Your Obligation for Negative Balance Transactions.
Each time you initiate a Card transaction, you authorize us to reduce the Available Balance in your Cash Account (and thereby reduce your Available Credit) by the amount of the transaction and all associated fees in order to secure your transaction. You are not allowed at any time to spend an amount that exceeds the Available Credit at such time (creating a “Negative Balance”). Nevertheless, if any transaction causes the Available Credit to become negative (and thus causes the Available Balance to become negative), including any transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any Negative Balance and any corresponding transaction fees. You may also be liable to us for any related insufficient funds as set forth in the Fee Schedule. We have the right to bill you for any Negative Balance or to recoup such Negative Balance from your Cash Account or to recoup such Negative Balance via ACH pull from your Linked External Account. You agree to pay us promptly for the Negative Balance and any related fees. We also reserve the right to cancel your Card if you create one or more Negative Balances with your Card.
20. Authorization Holds.
You do not have the right to stop payment on any purchase transaction originated by use of your Card, other than a Recurring Transaction. When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When you use your Card to initiate a cash advance at an ATM, we will immediately authorize the transaction, subject to your Cash Account having sufficient Available Balance (including all applicable fees). When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles. For this reason, any time you make a purchase transaction, that transaction and applicable fees are deemed Spent Money, and we will temporarily reduce your Available Credit accordingly. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds. Car rentals, hotels and other service-oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to 60 days after your stay or your rental to have any excess amounts held by the hotel or rental company refunded to your Card. Similarly, some gas stations may factor in additional amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction, and we will release any excess amount when the transaction finally settles.
When you use your Card at certain restaurants and service-oriented merchants, there may be an additional charge (typically around 20% above the bill, but some merchants may charge a higher fee) added to the authorization to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional charge, exceeds the Available Credit at the time, your transactions may be declined. Accordingly, you should ensure that your Card has Available Credit that is 20% (or more) greater than your total bill before using your Card.
21. Bill Pay
With your Zurp Cash Account, you will have access to the Bill Pay feature through the Zurp Mobile App. Bill Pay is a feature which allows you to authorize us to make payments to individuals or companies by check on your behalf.
To initiate a payment using the Bill Pay feature, you must provide the name, full mailing address, and reference/account number of each individual or company you wish to pay. Once a payment is authorized, the payment amount will be immediately deducted from your Cash Account balance. Payments made using the Bill Pay feature take the form of a paper check sent to the payee on your behalf using standard U.S. Postal Service mail. Please allow seven to nine (7-9) Business Days for delivery of the check. Payments can only be sent to addresses located within the fifty (50) states of the U.S. Bill Pay payments are processed daily by 8 AM MST. Checkbook payments initiated after this time will be processed by 8 AM MST the next Business Day. Zurp reserves the right to refuse to process payments to any individual or company. If the decision is made to refuse a payment, Zurp will notify you on or before the next Business Day.
These are the limits when using Bill Pay:
|Transaction Type||Frequency and/or Dollar Limits|
|Bill Pay||No limit to the number of payments per calendar day|
Up to $7,000 per payment, maximum of $25,000 per calendar month
We may change these limits with notice to you. To determine the current limits that apply to you, you can access them under the settings section of the Mobile App, contact Member Services by calling 888-505-ZURP or email firstname.lastname@example.org.
Bill Pay payments may be refused or returned by the individual or company to whom the payment was issued. The determination to accept this method of payment is at the discretion of the recipient. The U.S. Postal Service may also return payments in cases of expired or invalid addresses. If the Bill Pay payment is returned for any reason, the payment will be voided, and the full amount credited to your Zurp Cash Account the next Business Day. If your Zurp Cash Account is closed when the Bill Pay payment is returned to us, we will issue you a check and mail it to the address we have on file for you.
Uncashed Bill Pay Payments: Uncashed Bill Pay payments are voided after 180 days. Funds from voided checks will be credited to your Checking Account by 8 AM MST on the next available Business Day. There is no fee to use Bill Pay.
Cancelling a Bill Pay Payment: You may cancel a single Bill Pay payment as long as it has not been presented for payment by reaching out to email@example.com. Funds from any canceled check will be credited to your Checking Account by 8 AM MST on the next available Business Day.
Liability for Failure to Stop Payment of a Bill Pay Payment: If you request cancellation of a Bill Pay payment within three (3) three Business Days or more before it is scheduled to be made, and Zurp does not cancel it in time, Zurp will be liable for your losses or damages.
22. Recurring Transactions.
If you intend to use your Card for Recurring Transactions, you should monitor your balance and ensure you have a sufficient Available Balance in your Cash Account to cover the transactions.
We are not responsible if a Recurring Transaction is declined because you have not maintained a sufficient Available Balance in your Cash Account and/or do not have the Available Credit on your Card to cover the Recurring Transaction. If you have told us in advance to make regular payments on Recurring Transactions from your Cash Account or on your Card, you can stop the payment by calling 888-505-ZURP, or by sending notice to firstname.lastname@example.org at least three (3) Business Days before the scheduled date of the transaction. If you call, we may require you to put your request in writing and get it to us within 14 days after you call. If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your proven direct losses or damages unless:
- You failed to give us enough information, proper instructions, or sufficient time to act on the stop payment or
- We do not receive written confirmation of your telephone or email request to stop payment within fourteen (14) calendar days, and the preauthorized transfer occurs after the fourteen (14) calendar days.
If you have authorized a merchant to make the Recurring Transaction, you also should contact the applicable merchant to stop the Recurring Transaction.
23. Preauthorized Credits.
If you have arranged to have direct deposits made to your Cash Account at least once every 60 days from the same person or company and you do not receive a receipt/statement (or paystub), you can check your Zurp Account or call 888-505-ZURP to find out whether or not the deposit was made. Amounts credited to your Cash Account for direct deposits may not be available for up to five (5) days from the date they are sent. See Section IV.
24. Returns and Refunds.
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. You are not entitled to a check refund unless your Zurp Account has been closed. The amounts credited to your Card for refunds may not be available for up to five days from the date the refund transaction occurs.
25. Card Cancellation and Suspension; Limits.
We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. We may refuse to issue a Card, revoke Card privileges, or cancel your Card with or without cause or notice, to the extent permitted by applicable law. If you would like to cancel the use of your Card, you may do so by calling 888-505-ZURP. You agree not to use or allow others to use your Card or an expired, revoked, canceled, suspended or otherwise invalid Card for any purpose. Our cancellation of Card privileges will not otherwise affect your rights and obligations under the Terms and Conditions. If we cancel or suspend your Card privileges through no fault of yours, you may be entitled to a refund as provided below in the section titled “Amendment and Cancellation.” Not all services described in the Terms and Conditions are available to all persons or at all locations. We reserve the right to limit, in our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in the Terms and Conditions shall be deemed void where prohibited. We can waive or delay enforcement of any of our rights under the Terms and Conditions without losing them.
26. Inactive and Dormant Accounts
We may consider a Cash Account to be inactive after a period of no owner-initiated activity of 30 days. After the Cash Account has been deemed inactive, we may consider the Cash Account to be dormant, at which time Zurp reserves the right to close the Account. However, if we close your Account for inactivity, state escheat laws may, depending on the length of the inactivity, require us to transfer your balance to a state agency. If this occurs, you may be able to file a claim with that agency to recover the funds.
If the Account becomes inactive or dormant, the Account will continue to be subject to any service charges in accordance with our Schedule of Fees and Charges. If an Account becomes inactive, we will notify you with specific instructions on how to restore the Account to an active status without the need to make any transactions.
27. International Transactions
Any transaction initiated on a Card in a currency or country other than the currency or country in which the Card was issued will be subject to a $5.00 fee on the transaction (including credits and reversals). This fee is in addition to the currency conversion rate. If you make a transaction with your Card in a currency other than US Dollars, Mastercard® will convert the charge into a US Dollar amount. The Mastercard® currency conversion procedure includes use of either a government mandated exchange rate, or a wholesale exchange rate selected by Mastercard®. The exchange rate Mastercard® uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your Card.
You should get or request a receipt at the time you complete a transaction or obtain cash using your Card. You agree to retain your receipts to verify your transactions.
29. Obtaining Balance and Transaction Information for Your Card; Periodic Statements Alternative.
You should keep track of the Available Balance in your Cash Account and Available Credit on your Card. You may obtain information about your Available Balance in your Cash Account or Available Credit on your Card by calling 888-505-ZURP. This information, along with a 12-month history of Card transactions, is also available by accessing your Zurp Account through the Zurp App. You also have the right to obtain a 24-month written history of Card transactions by calling 888-505-ZURP or contacting us via email at email@example.com.
30. Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE FOR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), EXTRAORDINARY DAMAGES, SPECIAL OR PUNITIVE DAMAGES UNDER THESE TERMS AND CONDITIONS. We will not be liable if, for instance: (1) through no fault of ours, you do not have enough funds available in your Cash Account or available credit on your Card to complete a transaction; (2) a merchant refuses to accept your Card or provide cash back; (3) an ATM where you are making a cash withdrawal does not have enough cash; (4) an electronic terminal where you are making a transaction does not operate properly; (5) access to your Card has been blocked after you reported your Card or Access Code(s) lost or stolen; (6) there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) we have reason to believe the requested transaction is unauthorized; (8) circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the ransaction, despite reasonable precautions that we have taken; or (9) any other event described in the Terms and Conditions occurs.
31. Mastercard’s Zero Liability Policy.
Mastercard offers all Mastercard cardholders a generous Zero Liability Policy. Under the Zero Liability Policy, you will not be liable for unauthorized use that occurs due to the loss, theft or unauthorized use of your Card, Access Code(s), or PIN if you (1) have used reasonable care in protecting your Card from loss or theft; and (2) promptly reported loss or theft to the Bank. For more information about the Zero Liability Policy please refer to this link or contact Mastercard at
32. Consumer Reporting Agencies.
By accepting a Card, you agree that we can obtain personal information about you from time to time from one or more consumer reporting agencies, governmental entities, check verification services, and other third parties, including, but not limited to, the Program Manager, for the purpose of considering your application – and continuing eligibility – for a Card or any other purpose permitted by law. To the extent we take any adverse action or any action that would have a negative impact on you, your Card or the Services we provide to you hereunder (including, but not limited to a denial, cancellation or revocation of an application or extension of credit, a change in the terms of an existing credit arrangement, or refusal to grant a request for credit on the terms requested), in accordance with and as required by applicable law, we will furnish you with a statement with our reasons for taking the adverse action.
33. Truth in Savings Disclosures.
PLEASE READ THE FOLLOWING IMPORTANT INFORMATION ABOUT YOUR CASH ACCOUNT.
- Interest Rate Information. Your Cash Account is an interest-bearing account. The interest rates and Annual Percentage Yield provided on your Cash Account is only available for any month in which a Card holder is an Active User. Any Card holder, regardless of their Available Balance, who does not meet these eligibility requirements in any month will not receive any APY on their Account Balance.
- Minimum Required Balance. No minimum balance requirements apply to your Cash Account.
- Transaction Limitations. You may not make transactions (including Point of Sale transactions) that would cause Available Balance to be a negative number. If you do, we may close, suspend, or freeze your Cash Account.
- Fees and Charges. Zurp charges a monthly fee to use its services. Please refer to the Fee Schedule provided to you with these Terms and Conditions for information about fees and charges associated with your Cash Account. A Fee Schedule will be provided to you
at the time you open a Zurp Account, periodically when fees or charges change, and upon request.
34. Other Terms.
You may not assign your Card or your obligations under the Terms and Conditions. We may transfer our rights under the Terms and Conditions. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. Except as set forth in the Schedule B (Legal Process and Arbitration), if any provision of the Terms and Conditions is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, whether local, state, or federal, the validity or enforceability of any other provision of the Terms and Conditions shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.
35. Amendment and Cancellation.
We may amend or change these Terms and Conditions at any time. We will not apply any amendments to the Legal Process and Arbitration Agreement to any arbitration that is pending at the time of the amendment or change. You will be notified of any change in the manner provided by applicable law before the effective date of the change. However, if the change is made for security purposes, we may implement such change without prior notice. We may cancel or suspend your Card or the Terms and Conditions at any time. You also may cancel your Zurp Account by calling the number on the back of your Card or 888-505-ZURP. If you cancel your Zurp Account, you must pay off all outstanding balances on your Card and may zero out your Cash Account balance before closing your Cash Account. Remaining balances are the final balance in your Cash Account after paying off all outstanding charges on your Card. You may request we send you a check for the remaining balance of your Cash for no additional fee. If your Card is canceled by us when your Cash Account has a balance, we will send you a check for the remaining amount, after all charges are settled, of your Cash Account for no charge. In all events, any check we send will be sent to the address we have for you in our records. Your termination of the Terms and Conditions will not affect any of our rights or your obligations arising under the Terms and Conditions before termination.
36. Telephone Monitoring/Recording; Calls and Messages to Mobile Phones.
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. We may use automated telephone dialing and electronic mail to provide communications and to contact you about transactions and other important information regarding the Terms and Conditions or your relationship with us. Telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you, someone else or a voicemail or answering machine. You authorize us to call any telephone number you have given us or you give to us in the future and to play pre-recorded messages with information about the Agreement over the phone. You also give us permission to communicate such information to you by e-mail. You understand that, when you receive such calls or e-mails, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that we will not be liable to you for any fees, inconvenience, annoyance, or loss of privacy in connection with such calls or e-mails. You understand that anyone with access to your telephone, answering machine or email may listen to or read the messages, notwithstanding our efforts to communicate only with you. This authorization is part of our bargain concerning your use of the Card subject to the Terms and Conditions and we do not intend it to be revocable. However, to the extent we are required by applicable law to allow you to revoke your consent to
these automatic reminders, you may do so by contacting us at 888-505-ZURP or at firstname.lastname@example.org.
SECTION II — ZURP CREDIT MASTERCARD® CARD TERMS
This Section governs your use of your Card.
A. Credit Card.
The Card is a credit card that accesses a line of credit. It is not a debit card, and all credit we extend to you is secured by your Cash Account. Your Card will operate under a semi-monthly credit cycle (the “Credit Cycle”). After each Credit Cycle, we will withdraw the appropriate amount of funds, totaling the Card Balance plus applicable taxes and fees from your Cash Account. You agree that if you default on your obligations we may exercise our Security Interest and withdraw the amount you owe us from your Cash Account. See Section III.
B. Using Your Card.
The following rules apply to your use of a Card:
1. You must return the Card to us or destroy it if we ask you to.
2. You must take reasonable steps to prevent the unauthorized use of your Card.
3. We are not responsible for any losses you incur if anyone refuses to accept your Card for any reason.
4. We may decline to authorize a transaction for any reason.
5. We are not responsible for any losses you incur if we do not authorize a transaction.
6. You must not use, or try to use, the Card for any illegal activity.
7. We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control.
C. Credit Limit and Available Credit.
1. Credit Limit.
The credit limit on your Card at any time (your Available Credit) will equal the amount of your Available Balance in your Cash Account at that time. Your Card Balance may never be greater than your Credit Limit. You are responsible for keeping track of your Card Balance. Any ACH transaction you perform will automatically adjust the Available Balance in your Cash Account accordingly. For example, paying bills via ACH will automatically reduce your Available Balance by the amount of money used to pay the bill plus all applicable fees (if any). This reduction of your Available Balance translates to an equivalent reduction of your Available Credit. This means that every time you make an ACH debit, your credit limit on your Card will be reduced proportionately.
2. Spending Limit.
The Zurp Account is designed to help you save more than you spend. All transactions on your Card are subject to a Spending Limit. Your “Spending Limit” means the amount you may spend on your Card, which cannot be more than the Available Balance in your Cash Account. Unless otherwise permitted under the Agreement, if you make a transaction that causes you to exceed the Spending Limit on your Card, you agree to immediately make a payment to your Cash Account such that you no longer exceed your Spending Limit. Our
general practice is to decline any transaction that would cause you to exceed any applicable Spending Limit. Even if we have permitted you to exceed your Spending Limit before, we are not required to do it in the future. We may determine the amount of Available Balance and Available Credit for the purpose of deciding whether a transaction will cause you to exceed a Spending Limit only once, and at any time between the time you authorize the transaction and when we decline the transaction or send a notice of the declined transaction or, if applicable, in accordance with this Agreement.
You are responsible for keeping track of your Card Balance, Available Credit, and Available Balance. Our general practice is to decline transactions that will cause you to exceed your credit limit or Available Credit. If we, at our discretion, honor these transactions, and your Card Balance exceeds your Available Credit, this will cause a Negative Balance on your Card such that both your Available Credit and your Card Balance will be negative. You are responsible for paying us the amount of the Negative Balance by means of an ACH transfer, and you will not be able to make any more transactions using your Card until a full payment to your Cash Account is received and processed and your Available Balance becomes positive, thereby also causing your Available Credit to become positive. Your failure to bring your account to a positive balance could result in the temporary or permanent suspension of your Zurp Account and Services. There may be further consequences if you do not remedy the situation in a timely manner, which may include: (1) the reporting of your Negative Balance to a reporting agency; (2) legal action; and/or (3) charging you fees for the overdraft in accordance with our Fee Schedule.
D. Virtual Card.
You will, in addition to your Physical Card, receive a Virtual Card. You may use the Virtual Card to make transactions from time to time. You will not be able to use your Virtual Card at an ATM or any terminal that does not have the technology necessary to accept a Virtual Card
E. Point of Sale Purchases.
You may use your Card to make purchases at points-of-sale.
Your Card provides you with the opportunity to participate in the Rewards Program. Information about the Rewards Program and the terms and conditions governing the Rewards Program are provided in the Zurp Rewards Program Agreement. For questions regarding the Rewards Program please contact Zurp at 888-505-ZURP or email at email@example.com.
G. Lost or Stolen Card.
If your Card is lost or stolen or if you think someone else may be using your Card, Cash Account, or Access Codes without your permission, you must contact us immediately at 888-505-ZURP. You may freeze your Card to prevent any future transactions on it until the matter is resolved, and we strongly recommend that you act to do so. Go to Settings, tap Card Settings, then tap on Replace Card and follow the instructions to report your Card lost or stolen.
H. Transactions Made in Foreign Currencies.
If you make a transaction in a foreign currency, the payment network will convert it into a U.S. dollar amount. The payment network will use its own currency conversion procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date that appears on your statement. We do not adjust the currency exchange rate. Foreign transactions are also subject to a Foreign Transaction Fee of $5.00, set forth in Schedule A.
I. Replacement Card(s).
If for any reason you need a replacement Card (e.g., if you lose your Card, it is stolen, or it is damaged), you may request one on the Zurp App or by contacting us, and we will send a replacement Card to you at the mailing address we have on file. To request a replacement Card in the Zurp App, go to Settings, tap Card Settings, then tap on Replace Card and follow the instructions.
1. Automatic Withdrawal.
Your Card will operate on a semi-monthly Credit Cycle. At the end of each Credit Cycle, that money will be considered Spent Money and we will automatically put a hold on your Cash Account equal to the Card Balance at the end of the Credit Cycle (the “Total Due”). After each Credit Cycle closes and becomes due, you authorize us to automatically debit your Cash Account for the Total Due and remove that amount from your Cash Account (this process will, from hereinafter, be referred to as “Autopay”). No payment by you will be necessary unless, for whatever reason, you have insufficient funds in your Cash Account to pay for the Total Due at the end of a Credit Cycle. Please note, Autopay will be made even when your Zurp Account may be suspended, or when we have canceled or suspended certain credit privileges. When Autopay is applied, your Available Balance will be reduced until you replenish your Cash Account balance. At the end of each month, you will receive a statement displaying all the purchases made using your Card as well as all deposits and withdrawals made on your Cash Account.
2. One-Time Transfer.
You do not have to wait for Autopay to make Card payments. You may turn off Autopay by contacting customer support at 888-505-ZURP or at firstname.lastname@example.org. To schedule a one-time payment, you may use the Zurp App to authorize us to make a one-time transfer to us from your Cash Account or ACH transfer from a Linked External Account on or before the end of each Credit Cycle. You also authorize us to debit or credit your selected payment method to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by law. We may permit additional payment methods from time to time. We may reject any payment not made in accordance with this section J.
K. Your Card Billing Rights.
This section applies to billing errors in connection with your Card.
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement. If you think there is an error on your Statement, write to us at:
1000 Brickell Ave
Ste 715 PMB 5069
Miami, FL 33131
You may also contact us via email at:
In your letter, give us the following information:
- Card information: Your name and Card number.
- Dollar amount: The dollar amount of the suspected error.
- Description of Problem: If you think there is an error in your Statement, describe what you believe is wrong and why you believe it is a mistake.
To retain your rights, you must contact us within 60 days after the error appeared on your Statement.
To stop a scheduled payment on an amount you think is wrong, you must contact us at least three Business Days before the scheduled payment date. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Notice
When we receive your notice, we must do two things:
- Within 30 days of receiving your notice, we must tell you that we received your notice. We will also tell you if we have already corrected the error.
- Within 90 days of receiving your notice, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error, the following are true:
- We cannot try to collect the amount in question, or report you as delinquent on that amount.
- The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
- Although you do not have to pay the amount in question, you are responsible for the remainder of your Card Balance.
- We can apply any unpaid amount against your Credit Limit.
After we finish our investigation, one of two things will happen:
- If determined there is an error: You will not have to pay the amount in question or any interest or other fees related to that amount.
- If determined there is no error: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your Card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
- The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services).
- You must have used your Card for the purchase. Purchases made with cash advances from an ATM do not qualify.
- You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at the address listed above.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
If we provide you a credit for all or part of a disputed transaction, you give us all of your rights against others regarding that transaction. You will also: (a) give us any information about the disputed transaction, if we ask; (b) not pursue any claim or
reimbursement of the transaction amount from the merchant or any other person; and (c) help us get reimbursement from others. If we reimburse you for unauthorized transactions, you will help us investigate, pursue and get reimbursement from the
wrongdoer. Your help includes giving us documents in a form that we request.
No Warranties. We are not responsible for any claim you may have regarding the purchase of goods or services made with your Card beyond your rights described in this section and on your Statement.
1. Events of Default.
Your Card or any other Card associated with your Zurp Account will be in default if:
- You file or become the subject of a bankruptcy or insolvency proceeding;
- You are unable or unwilling to repay your obligations, including upon death or legally declared incapacity;
- We determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us;
- You revoke your consent to receive records, disclosures, and other communications electronically;
- You do not comply with any term of these Terms and Conditions or any other agreement with us;
- You relocate outside the United States; or
- We receive a garnishment, attachment or other levy upon your Cash Account, or the Cash Account is subject to any other legal proceeding.
2. Consequences of Default.
If you are in default, we may take certain actions with respect to your Card. For example, we may take the following actions, without notifying you, unless the law says that we must give you notice:
- Close or suspend one or more of your Card(s), Cash Account or your entire Zurp Account;
- Reduce your Credit Limit or Spending Limit;
- Demand that you immediately pay the Card Balance;
- Continue to charge you interest and fees (as set forth in Schedule A) as long as your Card Balance remains outstanding; and/or
- File a lawsuit against you, or pursue another action that is not prohibited by law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees, unless the law does not allow us to collect these amounts.
L. State Notices.
1. All Accounts, including California and Utah Residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
2. Wisconsin Residents: Your signature confirms that this loan obligation is being incurred in the interest of your marriage or family. No provision of any marital property agreement, unilateral statement or court decree adversely affects a creditor’s interest unless, prior to the time the credit is granted, the creditor is furnished with a copy of the agreement, statement, or decree or has actual knowledge of the adverse provision.
3. New York and Vermont Residents: We may obtain at any time your credit reports, for any legitimate purpose associated with the Card or the application or request for a Card, including, but not limited to, reviewing, modifying, renewing, and collecting on your Card. On your request, you will be informed if such a report was ordered. If so, you will be given the name and address of the consumer reporting agency furnishing the report. New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and grace periods. New York State Department of Financial Services – (800) 342-3736 or https://www.dfs.ny.gov/.
4. New Jersey Residents: Because certain provisions of these Terms and Conditions are subject to applicable laws, they may be void, unenforceable, or inapplicable in some jurisdictions. None of these provisions, however, is void,
unenforceable, or inapplicable in New Jersey.
5. Missouri, Nebraska, and Washington Residents: Oral agreements or commitments to loan money, extend credit, or forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
6. Massachusetts Residents: Massachusetts law prohibits discrimination based upon marital status or sexual orientation.
7. Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.
M. Mobile Wallets.
When you or a Cardholder adds a Card to a mobile wallet, you agree to the following terms:
1. A Card can be added to a mobile wallet by following the instructions of the mobile wallet provider (ApplePay, GooglePay, SamsungPay, etc.). A Card can be added to multiple mobile wallets and on multiple devices as long as it is eligible to do so. This Agreement, and the terms of the mobile wallet provider and any service providers (e.g., third-party wireless companies) apply to a Card in a mobile wallet regardless of which mobile wallet it is added to. No Card can be used in a mobile wallet if the Card has been canceled.
2. The Terms and Conditions of this Agreement do not change when a Card is added to a mobile wallet. In addition, any applicable fees that apply to your Account apply to activity done through a mobile wallet as well.
3. When a Card is added to a mobile wallet, it can be used to make purchases wherever mobile wallets are accepted. Mobile wallets may not be accepted everywhere that a Card is accepted.
4. If any Cardholder uses a mobile wallet, you agree to protect and keep confidential your User ID, passwords and all other authentication information required for use of the Card in a mobile wallet.
5. All questions or complaints about mobile wallet-specific functions or security should be directed to the mobile wallet provider. All transaction-related questions should continue to be directed to Zurp.
SECTION III — SECURITY AGREEMENT
This Security Agreement relates to your Zurp Card and the associated Cash Account. If any conflict exists between this Security Agreement and the Terms and Conditions, then the Terms and Conditions shall govern. Any terms not defined under this Security Agreement shall have the meaning assigned to them in the Terms and Conditions. For purposes of this Security Agreement, “Secured Funds” means all funds on deposit from time to time in the Cash Account.
A. Cash Account.
In consideration of and as a condition to our opening and permitting you to use the Card and for other good and valuable consideration, you agree that the Secured Funds will serve as a security for your Card by providing the authorization in section B (“Your Grant of Security Interest”). You authorize us to open a Cash Account at First Pryority Bank in your name.
B. Your Grant of Security Interest.
By signing and/or submitting an application for a Card, you hereby furnish, grant, pledge and assign to us a first priority security interest (“Security Interest”)in all of your right, title and interest in the Cash Account, any and all Secured Funds, and any and all rights to receive payment in respect to the Secured Funds (together, the “Collateral”).
C. Our Right to Exercise the Security Interest.
You agree to take any action we request to perfect or protect our first priority Security Interest in the Collateral. You waive the benefit of any homestead or other exemptions in the Collateral. The Security Interest will be governed by Uniform Commercial Code- Article 9 (as adopted by the state of New York), whether or not Article 9 applies by its terms. You authorize us to automatically withdraw from your Cash Account, an amount of Secured Funds required to pay off your Card Balance, and you further acknowledge and agree that, in addition to all other rights and remedies provided for herein, we shall have the right to exercise in respect of the Collateral all the rights and remedies of a secured party upon default under any applicable law and without the requirement of notice to you (which notice is hereby expressly waived to the maximum extent permitted by applicable law). You acknowledge that if, in the event the amount of Secured Funds available in your Cash Account (the Available Balance) is less than your outstanding Card Balance, you will be liable to us for such amount and required to pay the difference immediately. Our rights under the Terms and Conditions are in addition to any others we have under any applicable law, rule or regulation. If any part of the Terms and Conditions is invalid, the rest of the Terms and Conditions will remain in effect.
D. You May Lose Funds In Your Cash Account.
If you are in default of any obligation under the Terms and Conditions, or your Zurp Account is closed for any reason, you authorize us to withdraw funds from your Cash Account and apply such amounts to the outstanding Card Balance and any other amounts you owe us under the Terms and Conditions without sending you notice or demand for payment. We may do this in addition to the other rights we have under applicable law or the Terms and Conditions. The application of your funds to the Card Balance and any other amounts you owe under the Terms and Conditions will not affect your obligation to pay us in full. You are responsible for the repayment of all amounts you owe us under the Terms and Conditions.
E. Legal Proceedings.
You represent that (a) there are no current lawsuits or bankruptcy proceedings that might affect our Security Interest in your Cash Account; and (b) you have not and will not attempt to transfer any Security Interest in your Cash Account to any other person or offer your Cash Account as collateral or security for any other obligation. If any person seeks to attach your Cash Account, for example by legal garnishment, you agree that we may deem all amounts you owe us, including any unpaid Card Balance, immediately payable and apply the funds in your Cash Account as payment of those amounts. If we must hire an attorney to defend or enforce our rights under the Terms and Conditions, you will pay our reasonable attorneys’ fees and court costs, unless prohibited by law.
F. Return of Secured Funds.
If we determine that you qualify for return of any Secured Funds from the Cash Account, we will return these Secured Funds to your Linked External Account or by any other method we deem sufficient. If your Zurp Account is closed, we will return any excess Secured Funds that remain in the Cash Account after repayment of all obligations. We generally return these excess Secured Funds within ten days after the end of the second billing cycle following the time that Secured Funds are initially applied to reduce your obligations. If we mail a check to you, we will mail it to your mailing address on file with us for the Card. In the event of your death, we will not release Secured Funds on deposit unless all obligations have been repaid and all legal documents we require are delivered to us.
G. Right of Withdrawal.
You authorize us to limit your ability to withdraw or transfer all or part of the funds in your Cash Account. We will have the right to withdraw funds owed by you on your Card from the Cash Account as permitted under the Terms and Conditions.
SECTION IV — FUNDS AVAILABILITY AND ELECTRONIC FUND TRANSFER DISCLOSURE
A. FUNDS AVAILABILITY DISCLOSURE
The information here describes our policy of holding deposited funds in your Cash Account before funds are made available to you for withdrawal.
2. DETERMINING THE AVAILABILITY OF YOUR DEPOSIT.
Our policy is to delay the availability of funds that you deposit. The length of the delay varies based on the type of deposit as set forth below. During the delay, you may not initiate cash advances to withdraw the funds, and we will not allow you to pay all or any part of your Card Balance from your Cash Account using these funds.
i. The length of the delay is counted in Business Days from the day we receive your deposit.
ii. If you make a deposit before 4:00 PM Eastern Time on a Business Day, we will consider that day to be the day of your deposit. However, if you make a deposit after 4:00 PM Eastern Time or on a day that is not a Business Day, we will consider the deposit made on the next Business Day.
iii. Same Day Availability. Funds from preauthorized electronic payments such as payroll Direct Deposits or other preauthorized electronic payments will be made available on the day the deposit is applied to your Account, subject to cut off times described above. Funds from electronic payments or transfers you initiate will be applied to the Cash Account when we have verified the external account and received payment in collected funds. Once the funds are applied to your Account, they will have same-day availability.
- For direct deposits, if we deposit any amount into your Cash Account which should have been returned to the US federal government for any reason, you authorize us to deduct the amount of our liability to the US federal government from your Cash Account, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. If a direct deposit posts to your Cash Account and is later found to be made payable to someone other than yourself or another Cash Account owner listed in our records, the amount of the deposit will be deducted from your Available Balance (i.e. it will be removed from your Cash Account) and returned to the originator without prior notice to you.
iv. Special Rules for New Accounts. If you are a new customer, the following special rules will apply during the first 30 days your Cash Account is open.
- Funds from electronic ACH transactions to your Cash Account will be available on
the first Business Day after we receive the deposit.
- We may, if we deem necessary, delay any deposit into your Cash Account for nine
or more Business Days.
- Funds from electronic ACH transactions to your Cash Account will be available on
v. Your Responsibility for Deposits. Even if we have made funds available to you and you have withdrawn the funds, you are still responsible for deposits that are returned to us unpaid and for any other problems involving your deposit.
vi. Our Rights. We reserve the right to delay or decline any deposit made by any means into your Cash Account for any reason including but not limited to the following reasons:
- if we suspect fraud,
- if there is a name mismatch,
- if the wrong routing or account number was given, and
- to verify that the transferring account has sufficient funds to effect the deposit into
your Cash Account.
B. ELECTRONIC FUND TRANSFER DISCLOSURE
1. Electronic Fund Transfers: Your Rights and Responsibilities.
This disclosure contains important information about your use of electronic fund transfer (“EFT”) services provided by the Bank in connection with your Cash Account. EFTs are transactions that are processed by electronic means and include, amongst others, ACH transfers and transactions. This section provides you with information and important disclosures and terms about the EFTs that are permitted on your Cash Account. You may also receive additional Services from the Program Manager through the Zurp App that allows you to initiate EFTs to and from your Cash Account that are not described in the Terms and Conditions. You will be provided separate agreements and disclosures applicable to those services from the Program Manager when they become available.
2. Types of Available EFTs.
You may request ACH transfers to your Cash Account from a Linked External Account.
3. Limits on the Type, Frequency or Amount of EFTs.
All EFTs are subject to limits. ACH transfers to external accounts are subject to limits on the dollar amount of electronic transfers between your Cash Account and any external account at other financial institutions, including a Linked External Account. For security reasons, we may also, in our sole discretion, set limits on the dollar amounts of EFTs and on the number of EFTs that may be requested or initiated. To protect the security of the Bank, your Cash Account, or your Card, we may suspend your use of EFTs, as permitted by law. All limits described herein are designed to be flexible in order to protect the security and integrity of the service and your Accounts as well as you and all other uses of the services. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the services and all Cash Accounts and may be modified at our sole discretion without advance notice.
4. Managing Your Card Balance.
You agree that the amount of any EFT debit transaction you authorize from your Card will not exceed your Available Balance. We will not allow any EFT that would create an overdraft in your Cash Account and/or create a Negative Balance on your Card. If we are unable to complete an EFT or perform any other EFT service for any reason associated with your Cash Account, the EFT or other service may not be completed and we will not notify you unless required by applicable law.
5. Documentation of Your EFTs
i. Periodic Statements. All EFT transactions will be reported on your periodic statement. See section I.A.8 of this Agreement for more information.
ii. Direct Deposits or Preauthorized Credits. If you have arranged to have direct deposits made to your Cash Account at least once every 60 days from the same person or company, including your employer, we may tell you every time they send us the money. You may also call us at 888-505-ZURP to find out whether or not the deposit has been made or you can check if the deposit has been made by reviewing your transaction history in the Zurp App.
iii. Confirmation. You may call us at 888-505-ZURP or email us at email@example.com to find out whether any EFT you requested was successfully completed.
6. Preauthorized and Other Regular (Automatic) Payments
i. Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular payments out of your Cash Account, you can stop any of the payments. Here is how: Call us at 888-505-ZURP or email us at firstname.lastname@example.org, in time for us to receive your request three Business Days or more before the payment is scheduled to be made. If you contact us to stop a payment, please have the following information ready: your Cash Account number, the date the transfer is to be made, to whom the transfer is being made, and the amount of the scheduled transfer. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. Stop-payment orders may expire after six months from the date they are delivered, and you may be required to renew a stop-payment order to ensure its continued effectiveness.
ii. Our Refusal to Pay a Pre-Authorized or Other Regular (Automatic) Payment. We reserve the right to refuse to pay a regular (automatic) payment transfer, for example, if your Cash Account has insufficient Available Balance to cover such transfer or if we are unable to verify the ownership of or other information about the account to which the funds will be transferred. You may call us at 888-505-ZURP or email us at email@example.com to request information about a refusal by us to pay a regular (automatic) debit.
iii. Your Liability for Unauthorized Transfers. During your Zurp Account set-up, you will be invited to register your phone number and create Access Code(s) credentials to protect your Cash Account from unauthorized access. You are responsible for maintaining ownership of the mobile device associated with the phone number and security of your other Access Codes.
7. Your Liability for Unauthorized Use of Your Cash Account. Tell us at once if you believe that any Access Code or device you use to access your Zurp Account has been lost or stolen, that an EFT has been made without your permission, or that someone has transferred or may transfer money from your Cash Account without your authorization.
You may tell us by calling us at 888-505-ZURP or emailing us at firstname.lastname@example.org (or such other address as we may provide to you from time to time). Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Cash Account. If you tell us within two (2) Business Days after you learn of the loss or theft of your Access Codes or device, your liability will be limited to $50 if someone accesses your Cash Account without your authorization.
If you DO NOT tell us within two (2) Business Days after you learn of the loss or theft of your Access Codes or device, and we can prove we could have stopped someone from using your Access Codes or device without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 60 days after the statement in which the unauthorized transfer first appeared was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.
If you grant authority to make transfers to another person who exceeds the authority granted, you are fully liable for any transfers until you notify us that transfers by that person are no longer authorized.
8. Errors or Questions about your EFTs and How to Contact Us.
In case of errors or questions about your Electronic Fund Transfers (EFTs), you agree to promptly contact Customer Service by telephone at 888-505-ZURP or email us at email@example.com. You may be required to confirm the information in writing within ten (10) Business Days. In these cases, we will advise you accordingly, provide you the necessary forms for confirming your dispute in writing, and give you instructions for sending us the signed form.
If you believe an EFT transaction was processed in error or was unauthorized or if you need more information about a transfer listed on your statement or receipt, you must contact Zurp no later than sixty (60) days after we send the FIRST statement on which the problem or error appeared.
In your communication with us, please provide the following information:
- The Account name and Zurp Cash Account number (if any)
- A description of the suspected error or the transfer about which you are unsure,
why you believe there is an error, or why you need more information
- The dollar amount of the suspected error
- The date of the suspected error
When we receive your dispute notification, we will advise you of the status of our investigation within ten (10) Business Days. In all cases, we will correct any error promptly.
If we need more time to investigate your question or complaint, we may take up to 45 calendar days. If this is necessary, we will provisionally credit your Cash Account for the amount you believe is in error within ten (10) Business Days of your original complaint or question. If we do not receive written confirmation of your questions or complaint within ten (10) Business Days, we may decide not to provisionally credit your Account.
For errors involving new Accounts (an account that was first funded within 30 days prior to the error), point-of-sale transactions, or foreign initiated transactions, we may take up to 90 calendar days to investigate your complaint or question. For errors involving new Accounts we may take up to 20 Business Days to credit your Cash Account for the amount you think is in error.
We will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents we used in our investigation. If provisional credit was given, and it is determined that there was no error, you must repay to us the amount of the provisional credit for the disputed item(s). You will have access to those funds for five (5) Business Days, and then we may deduct those amounts from your Account without further notice.
9. Our Liability for Failure to Make a Transfer.
If we do not complete a transfer to or from your Cash Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
i. If, through no fault of ours, you do not have a sufficient Available Balance in your Cash Account to make the transfer.
ii. If an automated teller machine where you are making a transfer does not have enough cash. If a system or terminal you use to make a transfer was not working properly and you knew about the breakdown when you started the transfer.
iii. If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
iv. the Cash Account is inactive or dormant or has been revoked due to inactivity or at our discretion.
v. The funds in your Cash Account are subject to a Legal Action or other encumbrance restricting the transfer.
10. Charges for Transfers or the Right to Make Transfers.
We may assess a fee for each EFT, or stop-payment order. Please see the Fee Schedule (Schedule A) to determine the applicable amount.
We will disclose information to third parties about your Cash Account or the transfers you make:
i. Where it is necessary for completing transfers or transactions;
ii. In order to verify the existence and condition of your Cash Account for a third party,
such as a credit bureau or merchant;
iii. In order to comply with government agency or court orders;
iv. To persons authorized by law in the course of their official duties;
v. To our employees, auditors, service providers, attorneys, or collection agents in the
course of their duties;
vi. In order to collect fees or funds you may owe us;
vii. To verify your identity and determine if we should open and keep open a Cash Account
for you, utilizing identity verification services provided to us by third parties.
ix. If you give us your written permission.
We may change any provision of this Electronic Fund Transfer Agreement at our discretion. If we do, we will give you notice if and to the extent required by applicable law.
We reserve the right to terminate your use of any or all of our EFT services for any reason and at any time without notifying you. You also have the right to terminate your use of the EFT services described in this Agreement at any time by calling us or writing to us. If you call, we may require you to put your request in writing and get it to us within 10 Business Days after you call. (Please note that e-mail, SMS/text or online notification will not meet the notice requirements of this section.) If you terminate your use of our EFT services and you have arranged for automatic (regular) transfers involving third parties, you are required to inform any third parties that the transfers will cease. Any termination of your use of our EFT services, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement that have arisen before the effective date of such termination.
SECTION V — LEGAL PROCESS AND ARBITRATION
A. Legal Processes and claims against you or your Card or Cash account.
If we receive a Legal Process against you, any party to your Card or Cash Account, or against your Card or your Cash Account, we may accept and comply with such Legal Process whether it was served to us in person, by mail, by facsimile, by email, or at one of our locations (other than where your Card or Cash Account, property, or records are held). Subject to any law or government authority prohibiting such disclosure, we may, but are not required to, send notice to you of the Legal Process. We may refuse to permit withdrawals or transfers from your Cash Account, or purchases or other transfers from your Card, until the Legal Process is dismissed or satisfied. We may hold and turn over funds or other property to the court or creditor as directed by the Legal Process, subject to our right of set-off and security interest in the funds or other property. You are responsible for any losses, costs, or expenses we incur as a result of any Legal Process involving you, or any party associated with your Card or Cash Account.
If we receive a claim against the funds in your Cash Account, or if we know of or believe that there is a dispute as to the ownership or control of funds in your Cash Account, we may, in our discretion: (1) place a hold on your Card or Cash Account and refuse to process any transactions or deposits until we are satisfied that the dispute is settled; (2) close your Card or Cash Account and send any balance(s) to the named account holder(s); (3) require a court order to act; or (4) take any other action we feel is necessary to protect us. We will not be liable to you for taking any such action.
We may charge your Cash Account a fee for each Legal Process or claim involving you, your Cash Account or your Card. You agree to pay us for fees and expenses (including administrative expenses) that we incur in responding to any Legal Process or claim related to your Card, such as expenses for research and copying of documents. The fees and expenses may include attorneys’ fees. We may deduct these fees and expenses from your Cash Account, or any account you have with us, without prior notice to you.
We have no liability to you if we accept and comply with a Legal Process as provided in this section or by law.
B. Arbitration and Waivers.
THIS SECTION ON ARBITRATION AND WAIVER OF CLASS ACTION DOES NOT APPLY TO YOU IF YOU ARE COVERED BY THE MILITARY LENDING ACT NOR DO ANY OF THE PROVISIONS IN THIS AGREEMENT THAT WAIVE ANY RIGHT TO LEGAL RECOURSE UNDER ANY STATE OR FEDERAL LAW TO THE EXTENT REQUIRED BY THE MILITARY LENDING ACT. THIS ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL DISPUTES BETWEEN YOU AND US ARE RESOLVED. PLEASE READ THIS SECTION B (ARBITRATION AND WAIVERS) CAREFULLY. For a dispute subject to arbitration, neither you nor we will have the right to: (A) have a court or a jury decide the dispute; (B) engage in information gathering (discovery) to the same extent as in court; (C) participate in a class action in court or in class arbitration; or (D) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court.
1. In General. If you have a dispute with us or our Program Manager, and we are not able to resolve the dispute informally, you and we agree that upon demand by either you or us, the dispute will be resolved through the arbitration process as set forth in this section.
2. Binding Arbitration and Appeals. If either party elects arbitration, that claim shall be arbitrated on an individual basis. Arbitration applies whenever there is a claim between you and us. The arbitrator’s authority to resolve claims or make awards is limited to claims between you and us alone. If a third party is also involved in a claim between you and us, then the claim with respect to the third party will be decided in arbitration as well, and it must be named as a party in accordance with the rules or procedures governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. Furthermore, claims brought by you against us or by us against you may not be joined or consolidated with claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. Claims are subject to arbitration, regardless of the theory on which they are based, whether they seek legal or equitable remedies, or whether they are common law or statutory (federal or state) claims. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act , 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). However, if the amount of the claim exceeds $25,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $25,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the forum. The panel shall reconsider all factual and legal issues, following the same rules of procedure and decide by majority vote. Reference in this section B (Arbitration and Waivers) to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken.
3. Initiation of Arbitration. Any claim must be resolved, upon the election by you or us, by arbitration pursuant to this section B (Arbitration and Waivers) and the code of procedures of the national arbitration organization to which the claim is referred in effect at the time the claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. For a copy of the procedures, to file a claim, or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614, website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017, website at www.adr.org. In the event that JAMS or the AAA is unable to handle the dispute for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties pursuant to the AAA rules of procedure; or, if the parties cannot agree, selected by a court in accordance with the FAA. To the extent that there is any variance between the selected forum’s rules and this section B (Arbitration and Waivers), this section B (Arbitration and Waivers) shall control. If you initiate the arbitration, you must notify us in writing at 1000 Brickell Ave, Ste 715 PMB 5069, Miami, FL 33131. If we initiate the arbitration, we will notify you in writing at your last known address in our file.
4. Class Action and Jury Waiver. NEITHER YOU NOR WE (I) HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM; (II) SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION; (III) HAVE THE RIGHT TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; (IV) HAVE THE RIGHT TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR CARD OR CASH ACCOUNT; OR (V) ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION.
5. Location of Arbitration and Cost. Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any individual claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
6. Arbitration Procedures. This section B (Arbitration and Waivers) involves a transaction involving interstate commerce, and shall be governed by the FAA. The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Section shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, as set forth in this section B (Arbitration and Waivers).
7. Governing Law. You and we agree that in our relationship arising from this Agreement: (1) the parties are participating in transactions involving interstate commerce; (2) the arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) this arbitration agreement and any resulting arbitration are governed by the provisions of the FAA, and, to the extent any provision of that act is inapplicable, the laws of the State of New York. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.
8. Continuation and Severability. This section B (Arbitration and Waivers) shall survive termination of your Card or Cash Account, any voluntary payment of any debt owed to us and paid in full by you, any legal proceeding by us to collect a debt owed by you, and/or any bankruptcy by you or us. If any portion of this section B (Arbitration and Waivers) is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this section B (Arbitration and Waivers), this Agreement, or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
SCHEDULE OF ALL FEES AND CHARGES FOR ZURP CREDIT MASTERCARD® CARD AND THE CASH ACCOUNT
|Monthly usage Membership Fee|
|Monthly fee||$4.99||Monthly fee to use Zurp|
|Annual fee||$47.99||Fee to use Zurp if paid annually|
|Direct deposit||$0.00||We do not charge a fee for this service|
|Bank-to-card Transfer||$0.00||We do not charge a fee for this service|
|ACH Decline Fee||$0.00|
|POS credit purchase||$0.00||We do not charge a fee for this service|
|POS purchase (declined)||$0.00||We do not charge a fee for this service|
|ATM withdrawal in-network(US)||$0.00||We do not charge a fee for this service|
|ATM withdrawalout-of-network (US)||$0.00||We do not charge a fee for this service. However, you may be charged a fee by the ATM owner|
|ATM withdrawal (declined)||$0.00||We do not charge a fee for this service|
|Customer service (automated system)||$0.00||We do not charge a fee for this service|
|Customer service (live agent)||$0.00||We do not charge a fee for this service|
|ATM balance inquiry||$0.00||We do not charge a fee for this service. However, you may be charged a fee by the ATM owner|
|Using your Card outside the U.S. (Foreign Transaction Fees)|
|ATM withdrawal (int’l)||$5.00|
|ATM withdrawal (declined)(int’l)||$5.00|
|POS Credit purchase (int’l)||$5.00|
|POS Credit purchase(declined) (int’l)||$5.00|
|Inactivity||$0.00||We do not charge a fee for this service|
|Close card||$0.00||We do not charge a fee for this service|
|Replace card||$5.00||The first replacement card is free. Each card after is $5.00|
|Expedited replacement card||$25.00||Expedited Mailing Charge|
|Over Credit Limit||$0.00||We do not charge a fee for this service|
|Interest||0%||We do not charge interest on any Card Balance|
|Requesting a Check for the Remaining Balance of your Cash Account after Closing|
|For Credit Card Tips from the Consumer Financial Protection Bureau||To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.|
ELECTRONIC COMMUNICATIONS AGREEMENT
Please read this agreement carefully and print or download a copy for your files. This Electronic Communications Agreement applies to all communications regarding products and Services provided by Zurp Inc. and our affiliates, bank partners, service providers (“Zurp“, “we“, or “our“) and your use of our Website and the Zurp App. This Electronic Communications Agreement supplements and is to be construed in accordance with the terms contained in the Agreement you will receive if you open a Zurp Account. In connection with the Services, we are required by law to provide you with certain Communications in writing. Without your consent, we are not permitted to provide those Communications to you electronically. The Service(s) is intended for use only by person(s) who are willing and able to receive Communications electronically, exclusively through the Website, the Zurp App, push notification, SMS message, or via email. If you do not agree to receive the Communications described herein in electronic, and not paper form, you may not open a Zurp Account. Similarly, if after providing your consent hereunder, you withdraw such consent, your Zurp Account(s) will be closed and you will not be permitted to use any other Services.
1. Scope of Communications to Be Provided in Electronic Form.
When you use a Service to which this Agreement applies, you agree that we may provide you with any Communications in electronic format, to the extent allowed by law, and that we may discontinue sending paper Communications to you. Your consent to receive electronic Communications and transactions includes, but is not limited to:
a. All legal and regulatory disclosures and communications associated with your Card and Cash Account, including e- statements, account histories, or other periodic statements;
b. Change-in-terms related to the Services;
c. Privacy policies and notices;
d. Error resolution policies and notices;
e. Responses to claims filed in connection with your Card and Cash Account;
f. Payment authorizations, confirmations, and receipts;
g. Notices regarding insufficient funds or Negative Balances; and
h. All other Communications between us and you concerning your Card and Cash Account and any related transactions, products or services.
2. Method of Providing Communications to You in Electronic From.
Communications that we provide to you in electronic form will be provided either (1) via e-mail; (2) by access to a web page that is designated in an email notice sent to you at the time the information is available; (3) logging into your Zurp Account on the Zurp App; (4) via SMS message and push notification. You will not receive a notification when your statement is available to be viewed. You are responsible for retrieving the statement(s) from the Website or mobile application.
3. How to Withdraw Consent.
You may exercise your right to withdraw your consent to receive Communications in electronic form at any time by writing to us at Zurp Inc, 1000 Brickell Ave, Ste 715 PMB 5069, Miami, FL 33131. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request. If you withdraw your consent we will close your Zurp Account or limit your access to your Zurp Account and other Services. You agree to repay any amounts you owe us on your Zurp Account. When you do, we mail you a refund check for any remaining balance(s) deposited in your Zurp Account, in accordance with the terms of your Zurp Account Agreement. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
4. How to Update Your Records.
It is your responsibility to provide us with a true, accurate and complete email address, contact, and other information related to this Disclosure and your Zurp Account, and to maintain and update promptly any changes in this information. You can update information (such as your email address) through the Zurp App, by calling us at 888-505-ZURP or by emailing firstname.lastname@example.org. We are not responsible for any delay or failure in your receipt of the Communications that is not caused by our failure to send such Communication to the contact information you provided to us. We will not assume liability for any delay or failure in your receipt of Communications in the event that your mobile phone number, e-mail address or other information we have on file for you is invalid; your e-mail service provider, mobile carrier, or Internet service provider filters the notification as spam or junk mail; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity or software; or for other reasons beyond our reasonable control.
5. Hardware and Software Requirements.
In order to access, view, and retain electronic Communications that we make available to you, you must have:
a. A mobile device, capable of downloading and operating the Zurp App, and which runs on one of the following operating systems:
1. an Apple iPhone or iPad running iOS version 8.0 or higher;
2. an Android phone running Android version 4.1 or higher.
b. The most current version of the Zurp app;
c. A working mobile telephone number that can receive SMS messages;
d. Sufficient storage space on your mobile device or personal computer to save Communications we send, and/or the ability to print the Communications from the device or computer on which you view them;
e. Access to an active email account with an Email service provider, and if you use a spam filter that blocks or re-routes emails from senders not listed in your address book, you must permit messages from the Zurp.com domain in your spam filter;
f. A personal computer operating with telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us via a plain text-formatted e-mail or by access to our website using browser specified above or equivalent software;
g. The ability to view and retain Portable Document Format (PDF) files;
h. Access to the internet or mobile connectivity; AND
i. A current version of a program that accurately reads and displays PDF files (e.g., Adobe Acrobat Reader). We may update these requirements as necessary to preserve the ability to receive electronic Communications. We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures. Continuing to use the Services after receiving notice of the change is the reaffirmation of your Consent.
6. Requesting Paper Copies.
We may, but assume no obligation to, provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy, contact us at 888-505-ZURP or email@example.com during normal business hours. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization.
7. Communications in Writing.
All Communications in either electronic or paper format from us to you will be considered “in writing”. You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
8. Federal Law.
You acknowledge and agree that your consent to electronic 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, and that you and we both intend that such Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
We reserve the right, at our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
By agreeing to this Electronic Communications Agreement, you give your affirmative consent to our provision of electronic Communications to you as described herein. You understand and agree that your electronic signature or acceptance has the same force and effect as a signature given in ink. You further agree that your mobile device or other device you will use to receive, view, store, and/or print Communications satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address and mobile telephone number at which we may send electronic Communications to you. If you do not provide your consent and agreement, you may not use the Services and must discontinue your use of the Services immediately.