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BILL PAY SERVICE TERMS
(Subscriber Agreement)

These Bill Pay Service Terms ("Bill Pay Terms") govern your access to and use of the Pay Anyone Bill Pay service ("Bill Pay Service"), the websites or telephone services from which you access the Bill Pay Service (collectively, the "Bill Pay Site"), and the data used to process and complete bill payment transactions (the "Data"). The Bill Pay Service is made available to you through our service providers as a service in association with certain prepaid cards issued by MetaBank®, The Bancorp Bank or Green Dot Bank. "Card" means the prepaid card issued to you by MetaBank, The Bancorp Bank or Green Dot Bank. "We," "us," and "our" means the bank that issued your Card, and its successors, affiliates or assignees. "You" and "your" means each person who uses the Bill Pay Service.

Use of Bill Pay Service. During the term of these Bill Pay Terms, you may use the Bill Pay Service and the Bill Pay Site at such time as they are generally available and to obtain and to use the Data solely as permitted by these terms. You are granted no license to use or access our or our service provider's software, data, or property other than for the purposes of using the Bill Pay Service.

Indemnity. You agree to defend, indemnify and hold us and our service providers harmless from and against any third party claims, including any damages, costs, expenses and attorneys' fees arising out of your use of the Bill Pay Service, the Bill Pay Site or the Data.

Usage Limitations, Obligations and Availability. The Bill Pay Service, the Bill Pay Site and the Data are our or our service provider's valuable property and trade secrets. You agree that you will not provide access to the Bill Pay Service to any party other than yourself, and you will take reasonable precautions to safeguard your Personal Identification Number ("PIN") and keep it confidential. You agree to use the Bill Pay Service, the Bill Pay Site and the Data only for lawful purposes. You are responsible to provide at your own expense all necessary telephone lines, Internet connection and equipment needed to access the Bill Pay Service. You must maintain the confidentiality of your assigned user name and PIN for the Bill Pay Service and you are responsible for all charges incurred under your user name and PIN, unless otherwise provided under these terms. The availability of the Bill Pay Service, the Bill Pay Site and the Data may be subject to interruption and delay due to causes beyond our reasonable control.

Changes to the Bill Pay Service and these Bill Pay Terms. We reserve the right to change the Bill Pay Service and these Bill Pay Terms, including fees, in our sole discretion and from time to time, without notice to you except as required by applicable law. If you do not agree to any amendments, you may stop using the Bill Pay Service. Your use of the Bill Pay Service after you are notified of any change will constitute your agreement to the change.

Method of Payment. We will make payments for you either electronically, or using a paper draft drawn on your funds debited from your Card. All payments to certain payees will be solely by check, draft, or similar paper instrument drawn on your funds debited from your Card. Each payee that will be paid in this manner will be identified to you at the time you request us to make a payment to the payee. As used in these Bill Pay Terms, these payments are referred to as "paper payments." The term "electronic funds transfers" means all payments we process for you except paper payments.

Authority to Debit Card. You authorize us to debit funds associated with your Card in order to fund payments that you initiate using the Bill Pay Service. We will charge your Card and you agree to maintain a balance that is sufficient to fund all payments you initiate. You may change the payment date of any single scheduled recurring payment by changing it on the Bill Pay Site at least one (1) business day before the scheduled date of the payment. However, we will continue to charge your Card for that payment and for other recurring payments until the expiration date you set for the payments or the date you cancel the recurring payments through the Bill Pay Service, whichever occurs sooner.

Preauthorized Payments - Right to Stop Payment If you have told us in advance to make regular payments out of your Card Account, you can stop any of these payments. Here's how: Call us at 1-877-984-7465 or write us at Bill Pay Customer Service, P.O. Box 1966, San Ramon, CA 94583 in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (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 losses or damages. If these regular payments may vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Payment Addresses. We reserve the right to change the address used for paper payments, without notification, in the following situations:

  1. The information returned by our address cleansing process determines the format of the address does not comply with the U.S. Postal Service (USPS) standards.
  2. We have determined that the address provided is not a valid address for the payee.
  3. The payee has closed the address, and provided us (via the USPS) with the new address.
  4. We have established a relationship with the payee to send payments to a different address than the one provided on the statement.
In all cases, we attempt to act in a way to expedite the proper posting of your payment.

Fees. There are no transaction fees for using "standard processing" Bill Pay Service. The only applicable fee is a Bill Pay Expedited Service fee for expedited Bill Pay Service processing, set forth below. Fees payable by you for use of the Bill Pay Service will be calculated and deducted automatically by electronic funds transfer from your Card account

Bill Pay Expedited Service (BILL PAYMENT)
To have your funds delivered one to four business days faster
$9.95 per request

Our Right to Refuse to Make Payments. You agree not to use the Bill Pay Service to make payments to payees outside the United States (a "Prohibited Payment"). You further agree that the following payments ("Restricted Payments") are discouraged, but may be scheduled at your own risk: (i) tax payments to the Internal Revenue Service or any state or other government agency, (ii) court-ordered payments, such as alimony or child support, or (iii) payments to insurance companies. In the event we make an error in processing a Restricted Payment, you agree that we will not have any responsibility for any negative impact to you and you will be responsible for collecting any overpayment we have forwarded. The fact that we make a mistake in processing a Restricted Payment does not mean that we cannot collect from you or your Card any funds we sent to the payee on your behalf. We will not notify you if you attempt to make a Prohibited Payment or a Restricted Payment and we will not be liable if we do not make a Prohibited Payment or a Restricted Payment. We may refuse to make any payment that we believe to be prohibited by law. If you fail to maintain a balance on the Card that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other payment.

Changes to Your Information. You agree to promptly update all your profile information, including but not limited to, name, physical address, and email address. We are not responsible for any mail we forward to your old mailing or email address prior to your update of your profile information.

Term and Termination. You may terminate these Bill Pay Terms by closing your Card or notifying us in writing. We may terminate or discontinue the Bill Pay Service at any time. The termination of the service shall not affect any fees or charges already due to us from you.

Disclaimer of Warranty. YOU EXPRESSLY AGREE THAT USE OF THE BILL PAY SERVICE, THE BILL PAY SITE AND THE DATA IS AT YOUR SOLE RISK, AND THE BILL PAY SERVICE, THE BILL PAY SITE, AND THE DATA ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. IN NO EVENT WILL WE OR OUR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE BILL PAY SERVICE. OUR AND OUR SERVICE PROVIDERS’ TOTAL, AGGREGATE LIABILITY TO YOU IS LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID WHILE USING THE BILL PAY SERVICE DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

Our Liability for Failure to Complete Transactions. You must select the processing date for any payment, or specify a payment rule in the system that automatically selects this date for you. This date should be at least six (6) business days prior to the payment due date to ensure that there is enough time for the payee to receive and post the payment. As we cannot control the U.S. Postal Service or other aspects of the various systems and processes that together ensure that your payments get from us to your payee, we cannot guarantee that any payment will be received by the payment due date, and we are not responsible for any costs, expenses or other damages you incur if your payment is not received by the payee on or before the payment due date. However, if you have followed our rules, allow us sufficient time to make the payment, and we have issued you a confirmation number for a payment, we will reimburse you for any late charge assessed to you because we do not send that payment, up to a maximum of $50.00 per late payment, unless we are not responsible to you for one of the reasons listed below. We may require that you provide us with satisfactory written documentation of any late fee before making reimbursement to you. THIS IS OUR ONLY OBLIGATION TO YOU FOR ANY PAYMENT DELAYS OR FAILURE. IN ADDITION, IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW US ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT. We may set an expiration date (usually ninety (90) days from date of issue) for any payment check we send to a payee. If we do this, we may stop payment of the check if the payee does not cash the check on or before the expiration date. We will then notify you and issue a credit to your Card for the amount of the check.

We are not responsible for any failure to complete or delay in completing any payment due to any of the following:

  1. Your Card does not contain sufficient funds to complete the transaction.
  2. Your Card is closed.
  3. We identify you as a credit risk and choose to complete all your payments by paper means, or to terminate your use of the Bill Pay Service.
  4. The payee rejects or returns the payment for any reason.
  5. Your equipment, software or any communications link is not working properly.
  6. The Bill Pay Service is unavailable and you know or we have told you about the problem before you send the payment.
  7. You have provided us with incorrect information about the payee you wish to pay.
  8. The payee mishandles or delays handling or posting any payment we send.
  9. Circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays) prevent or delay the transfer or payment from being completed.

We may set a maximum dollar amount for payment or refuse to permit any payment if we reasonably believe such refusal is necessary or advisable for security reasons. If you make an overpayment that causes a credit to an account with your payee, you will be responsible to make appropriate arrangements with the payee to receive a refund of the credit or have it applied against future balances. You will remain responsible to reimburse us for any negative balance resulting from funds we have paid on your behalf.

Other Provisions. Neither these Bill Pay Terms nor any portion hereof shall be assigned, sublicensed or otherwise transferred by you without our prior written consent. If any provision of these Bill Pay Terms is unenforceable, the validity and enforceability of the other provisions shall not be affected. Failure of any party to enforce any provision of these Bill Pay Terms shall not be construed as a waiver of such provision or of the right to enforce such provision. These Bill Pay Terms shall be governed by and construed under the laws of the State of South Dakota without regard to conflicts of laws provisions. You hereby consent to the jurisdiction of the state courts of South Dakota and the federal courts within the state with respect to any claim relating to these Bill Pay Terms. The Disclaimer of Warranty, Indemnity and the Other Provisions sections of these Bill Pay Terms shall survive the termination of these Bill Pay Terms. The parties agree that communications relating to the Bill Pay Terms sent via email constitute a "writing" for all purposes, including the giving of notice, hereunder.

Bill Pay Contact information. If you have any questions about the Bill Pay Service, please call the toll-free telephone number listed in the back of your Card or write us at Bill Pay Customer Service, P.O. Box 1966, San Ramon, CA 94583.

Entire Bill Pay Terms. These Bill Pay Terms and other provisions of this Agreement, and any terms or rules disclosed on the Bill Pay Site regarding use of the Bill Pay Service, are the entire understanding and agreement between you and us with respect to the Bill Pay Service and supersede any other oral or written agreements.

By accessing and using the Bill Pay Service on the Bill Pay Site, you agree to these Bill Pay Terms.




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