PEX Legal
PEX Prepaid Card Use Guide
IMPORTANT – PLEASE READ CAREFULLY
Your Guide To Using this Visa® Prepaid Card
This Card Use Guide (“Guide”) contains instructions and other important information relating to your use of the Visa Prepaid Card and the Visa Virtual Account provided to you by us at the request of Company (defined below). You should read this Guide carefully and keep a copy for your records.
This Visa Prepaid Card or Visa Virtual Account has been issued by The Bancorp Bank, N.A. or Fifth Third Bank, N.A. (the “Bank”) in accordance with the terms and conditions of the Master Services Agreement executed by and between Prepaid Expense Card Solutions, Inc., d/b/a PEX, and the business entity desiring to fund a Visa Prepaid Card or Visa Virtual Account to be used by you as its authorized user (the “Company”). Please the back of your card for its issuing bank. “Card” or “Virtual Account” means the Visa Prepaid Card or the Visa Virtual Account represented by an access device and provided to you for use as authorized by the Company and us. You will not receive a physical card device with the Virtual Account. “You” and “your” mean the designated person who the Company has authorized to receive and use the Card or Virtual Account. “We,” “us,” and “our” mean the Bank, our successors, affiliates or assignees. “Administrator” means the person(s) at the Company authorized to manage the Card or Virtual Account. You acknowledge and agree that the value accessible by the Card or Virtual Account is the property of Company. You agree that the Card or Virtual Account is provided to you for business use only as authorized by Company and that you are wholly responsible for the use of it as an authorized representative of the Company. You agree to sign the back of the Card immediately upon receipt. The Card is not a credit card. The Card is not for resale. The Card is the property of the Bank and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate law, this Guide, or the terms of the Services Agreement between PEX and the Company.
You should record the Card number and the customer service phone number provided in this Guide using secure or encrypted recordkeeping standards in case the Card is lost, stolen, or destroyed. The Administrator can also provide some services for the Card including reporting it lost, stolen or damaged. Please read this Guide carefully and keep it for future reference.
Customer Service
For customer service or additional information regarding the Card, please contact your Administrator. For immediate access to “Customer Service” for this Card, call 1-866-685-0898.
Customer Service agents are available to answer your calls twenty-four (24) hours a day, seven (7) days a week, including holidays. Our business days are Monday through Friday, excluding federal holidays. Any references to “days” found in this document are calendar days unless indicated otherwise.
Activate the Card or Virtual Account
The Administrator must activate the Card or Virtual Account before it can be used. Please contact the Administrator for activation.
Personal Identification Number
You may receive a personalized identification number (“PIN”) for the Card if one is needed to complete transactions authorized by the Company. You may have a PIN assigned to the Card by calling the Administrator. Do not write or keep the PIN with the Card. Never share the PIN with anyone. When entering the PIN, be sure it cannot be observed by others and do not enter the PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to the PIN, you should advise the Administrator immediately and follow the procedures in the paragraph captioned “Liability for Unauthorized Transfers.”
Authorized Card Users
The Company is responsible to us for all authorized transactions initiated and fees incurred by use of the Card or Virtual Account. If you permit another person to have access to the Card, Card number or Virtual Account, or if your Card has been lost or your Card number has been compromised because it was not properly protected and is subsequently used, we will treat this as if you and Company have authorized such use and the Company will be liable to us for all transactions and fees incurred by those persons until we have been notified and can suspend the Card or Virtual Account.
Representations and Warranties
By retaining, using or authorizing use of the Card or Virtual Account, you represent and warrant to us that: (i) you received a copy of this Guide and agree to be bound by and to comply with its terms; (ii) you are authorized by the Company to use the Card or Virtual Account and shall only use the Card or Virtual Account as authorized by Company; and (iii) you will use the Card solely for business purposes and not any consumer or household purpose.
No Cash Access
You may not use the Card or Virtual Account to obtain cash from an Automated Teller Machine (“ATM”), Point-of-Sale (“POS”) device, or by any other means.
Using the Card / Features
The maximum value accessible by the Card or Virtual Account is determined by the Company.
The Card or Virtual Account may be used as authorized by Company to purchase or lease goods or services at authorized locations where Visa® debit cards and STAR® cards are accepted. The Administrator determines the types of purchases you may make with the Card or Virtual Account. Please review the Company’s merchant spend rules by visiting https://dashboard.pexcard.com/login or by contacting the Administrator. Any transaction for an amount exceeding the value available with the Card should not be attempted and will not be completed.
Some merchants do not allow cardholders to conduct split transactions where you would use the Card or Virtual Account as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge an exact amount to the Card or Virtual Account. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping the Card, the transaction is likely to be declined if sufficient value is not available to cover the entire transaction amount.
If you use the Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $100.00 or more. If the Card is declined, even though sufficient funds are available, pay for the purchase inside with the cashier. If you use the Card at a restaurant, a hotel, for a car rental, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred.
If you use the Card number without presenting the Card (such as for internet, phone or mail order purchases), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make with the Card or Virtual Account. The Card or Virtual Account cannot be redeemed for cash. You may not use the Card or Virtual Account for any transaction not authorized by the Company.
You do not have the right to stop payment on any purchase or payment transaction originated by use of the Card or Virtual Account. If you authorize a transaction and then fail to complete the purchase of that item as planned, the approval may result in a hold for that amount of funds.
Fee Schedule
All fee amounts will be withdrawn from the Card and will be assessed as long as there is a remaining balance on the Card, except where prohibited by law. Any time the remaining Card balance is less than the fee amount being assessed, the balance of the Card will be applied to the fee amount resulting in a zero (or negative) balance on the Card.
| ISA Fee*: | 3% of transaction |
*If you make a purchase and merchant’s acquiring financial institution is outside the fifty (50) U.S. states and the District of Columbia, an International Service Assessment (“ISA”) fee of 3% of the transaction amount will apply and will be withdrawn from the Card.
Non-Visa Debit Transactions
Procedures are in effect that may impact you when you use the Card at certain merchant locations. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. If you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as a STAR transaction.
Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that if you choose to use the STAR network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the STAR network.
To initiate a Visa debit transaction at the POS, swipe the Card through a POS terminal, sign the receipt, or provide the 16-digit Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your 16-digit Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.
Card Replacement
If you need to replace the Card for any reason, please contact the Administrator or call Customer Service. You will be required to provide personal information which may include the Card number, full name, transaction history, copies of accepted identification, etc. that we will use to identify you as the cardholder and an authorized designated user of the Company. To replace a Virtual Account, contact the Administrator.
Expiration
The Card will expire no sooner than the “Valid Thru” date printed on the front of it. You will not be able to use the Card after the expiration date. Information about the expiration of the Virtual Account is provided by the Administrator. You will not receive a replacement Virtual Account at the time of expiration.
Receipts
You should get a receipt at the time you make a transaction using the Card or Virtual Account. You agree to retain, verify, and reconcile the transactions and receipts regularly.
Confidentiality
We may disclose information to third parties about the Card, Virtual Account or the transactions you make:
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of the Card or Virtual Account for a third party, such as a merchant;
- In order to comply with government agency, court order, or other legal or administrative reporting requirements;
- If we receive consent by giving us your and/or the Company’s written permission;
- To our employees, auditors, affiliates, service providers, or attorneys as needed; or
- Otherwise as necessary to fulfill our obligations.
Unauthorized Transfers
Call the Administrator or Customer Service immediately if you believe the Card or Virtual Account has been lost or stolen, that your Card number or PIN have been compromised, or that someone has transferred or may access money with the Card without permission.
If the Card has been lost or stolen, we will close the Card to attempt to keep losses down.
Other Miscellaneous Terms
Use of the Card or Virtual Account 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. If any provision of this Guide is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this document shall not be affected. This document will be governed by the law of the State of Delaware except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the Guide at any time. The Company will be notified of any change in the manner provided by the Master Services Agreement and/or applicable law. We may cancel or suspend the Card, Virtual Account or the Guide at any time. By returning the Card to us or the Company, you are terminating your participation in this program; however, this termination will not affect any of our rights or the obligations of the Company arising under this Guide and/or the Master Services Agreement prior to termination.
Telephone Monitoring/Recording
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.
Disclaimer of Warranties.
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS GUIDE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO OR ARISING OUT IN CONNECTION WITH THE CARD OR THIS GUIDE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability.
We shall have no liability to you if we are unable to complete a transaction for any reason beyond our control or in the event of an unauthorized transaction or error not caused by us. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with the Card. In no event shall we be liable to you for any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. This provision shall not be effective to the extent prohibited by law.
Effective 05/2023