Commercial Prepaid Digital Account AgreementEffective Date: September 1, 2019Commercial Prepaid Digital Account AgreementBy using or allowing another to use your Commercial Prepaid Digital Account, you agree to be boundby the terms and conditions of this Commercial Prepaid Digital Account Agreement (“Agreement”).This Agreement is the agreement between you and Bank of America with respect to the issuance and useof your Commercial Prepaid Digital Account (“Account”). It describes the electronic banking servicesyou can use with your Account (as defined below) and includes information about our and your rightsand obligations. This Agreement discloses the terms and conditions of your Commercial Prepaid DigitalAccount. You are not entitled to the same rights or benefits given to deposit account customers or debitcard holders at Bank of America, N.A. unless such rights or benefits are contained in this Agreement.Please read this Agreement and the Fee Disclosure and Other Important Disclosures ("FeeDisclosure") carefully and keep it for future reference (the Fee Disclosure can be accessed via theaccount website or the initial email you received). In this Agreement, “you”, “your” and similarwords mean the person(s) who has received the Account and is authorized to use it as provided for inthis Agreement; “we”, “us”, “our” and similar words mean Bank of America, N. A. and its successorsand assigns; and “your sponsor” means the government agency, employer or other commercial entitythat has provided the Account for your use.“Electronic Fund Transfers” include all transfers resulting from prepaid digital accounts, electronicpayments, credits and transfers, telephone transfers, and online banking transactions.“Account” means a Bank of America commercial prepaid digital account, or any other access devicethat is linked to a commercial prepaid digital account with us.1. General InformationGeneral Account Information and Funds Loaded to Your Account. You have received your Accountat the request of, and per your agreement with, your sponsor as a means of delivery of funds for thepurposes defined by your sponsor with deductions for transactions and fees as more fully described in thisAgreement and the Fee Disclosure. Other than additional amounts that may be added by your sponsor oras stated in this Agreement, you may not add or load other amounts to the balance available on yourAccount. For information on the amounts and scheduled dates of additions to your Account, please contactyour sponsor. Except where prohibited by law or otherwise stated in this Agreement, your Account canbe used for any purpose you choose except if stated otherwise in the documents provided with thisAgreement. Once properly deposited, your sponsor has no rights to any funds in your Account, except asotherwise provided by law or the rules of the network used to make the deposit.Your Account is our property, and we may revoke your Account at any time without cause or notice.You may not use an expired or revoked Account. No interest is paid on the balance on your Account forany period of time.
Individual Accounts Only. Each Account is individually owned by the recipient who receivespayments from the Agency. No joint ownership of an Account is permitted.Accounts are Not Transferable. Your Account is not transferable to any other person. We reserve theright not to acknowledge or accept attempted pledges or assignments of, or purported security interestsin, your Account.Business Days. For purposes of this Agreement, our business days are Monday through Friday,excluding bank holidays.2. Funds Availabilitya. When Funds are Available for Withdrawal. Funds are available for your use on the day we havebeen instructed by your sponsor to fund your Account. Once the funds are available, you may make thetransactions described within this Agreement. Funds received by us may be delayed for a longer periodif there is an emergency, such as failure of computer or communications. We will notify you if we delayyour ability to make transactions as a result of an emergency and we will tell you when funds will beavailable.b. Overpayments and Reversals. If funds to which you are not entitled are loaded to your Account bymistake or otherwise, we may deduct these funds and create a negative balance on your Account. Wecan do this without giving you any prior notice or demand.c. “Freezing” Your Card. If we suspect irregular, unauthorized, or unlawful activities may be involvedwith your Account, we may “freeze” (or place a hold on) the balance pending an investigation of suchsuspected activities. If we freeze your Account, we will give you any notice required by law.3. Your Responsibilitya. Responsibility for Account. You agree to use your Account only in the manner and for the purposesdescribed in this Account Agreement. If you attempt to use your Account in any other manner or for anyother purpose, we may decline the transaction or in our discretion we may complete it without incurringany obligation to honor the same type of transaction on future occasions. You are responsible for alltransactions and charges incurred through use of your Account by you or by anyone you allow to useyour Account. You agree to take reasonable precautions to prevent unauthorized use of your Account ordisclosure of your Personal Identification Number (“PIN”). You will notify us promptly if such use ordisclosure occurs. The amount available on your Card will be reduced by the amount of yourtransactions plus applicable fees. There is no overdraft/credit feature on your Account. To the extentpermitted by law, we reserve the right to take or offset funds in any account you have with us or anydebt or obligation you owe to us. If you breach or do not fulfill any term of this Agreement, you areresponsible to us for all damages and losses.b. Your Personal Identification Number (“PIN”). You must select a PIN at the time you activate yourAccount and prior to using your Account for transactions. If you need to reset the PIN, please call usat 1.866.213.8564, 1.866.656.5913 TTY, or 423.262.1650 (Collect, when calling outside the U.S.) orvisit us online at www.bankofamerica.com/commercialprepaidcard to add a PIN to your Account.
c. Activating your Account. You must register and activate the Account by clicking on the link in theinitial email you received before you can use the Account.d. Converting to a Physical Plastic. You may request to convert from a Digital Account to a physicalcard embossed with your name. You understand and acknowledge that the use of the physical card issubject to the Commercial Prepaid Card Agreement which will be provided to you along with thephysical card. Once you convert to a physical plastic card, you will no longer be able to use your DigitalAccount. You may place this request by calling us toll free at 1.866.213.8564.4. Cash Access The Account does not permit any type of cash transaction.5. Limitations on TransactionsGeneral limits. Limitations on your use of the Account are based on your sponsor’s program with usand the type of Account you have with us. We may issue authorizations, and permit purchases, inexcess of your daily limit. We may decline any transaction if you do not have enough available funds inyour Account to cover the transaction. We may decline any transaction if it appears to us to besuspicious or high risk.Sponsor imposed limits. Your sponsor may impose daily limits on transactions. Any daily limits andtransaction or usage restrictions imposed by your sponsor will be set forth in the information providedwith your Account.6. Online, Phone and Point of Sale Transactionsa. Online and Phone Transactions: You may use the Account to make online or phone purchases ofgoods and services at merchants that have agreed to accept Visa or Mastercard debitaccounts. You do not have the right to stop payment on any transaction originated by the use ofthe Account. You agree that we are not responsible for the quality, safety, legality or any otheraspect of any goods or services purchased with the Account, if any merchant refuses to acceptthe Account, or for any other actions of the merchant. You will resolve disputes directly with themerchant on purchases made using the Account, and accept a credit to the Account as themethod of refund.b. If applicable to your sponsor’s program, you may add your card to a supported mobile wallet inorder to use your Account to perform a point-of-sale transaction.a. Liability for purchases. We are not liable if a merchant or financial institution does not accept yourAccount or Account number. Each time you use your Account to purchase goods or services at a merchant,you authorize us to deduct the amount of the transaction, including any fees, from your prepaid Account.Even if the merchant’s terminal allows you to choose debit or credit, the amount of the transaction isdeducted from your prepaid Account. It is not a credit transaction and your Account is not a credit card.
b. Purchases in excess of Account value. If your purchase amount is greater than the remaining valueon your Account, some merchants will permit you to pay the difference with alternative methods. Youmust inform the merchant before beginning your transaction and you must know the remaining value onyour Account. You do not have the right to stop payment on any point-of-sale transaction originated byuse of your Account. You agree that we are not responsible for goods or services purchased with yourAccount, if any merchant refuses to accept your Account, or for any other actions of the merchant.c. Holds. When we approve a request from a merchant or other financial institution to authorize atransaction you conduct with your Account, we may place a hold on the funds. The hold reduces theavailable balance on your Account by the amount stated in the request. Because the hold reduces theavailable balance on your Account, your remaining available balance must be sufficient to cover otheritems that post to your Account. In most cases the hold expires when the transaction posts to yourAccount or three business days after the request, whichever occurs first. When the hold expires, theamount being held is added to or subtracted from your available balance. The amount is not applied to aspecific transaction. Please note that placing these holds reduces the available balance on your Accountand removing these holds either increases or decreases the available balance on your Account. We arenot responsible for damages or losses of any type, including wrongful dishonor, for any transaction thatis not authorized because of a hold.d. Merchant acceptance of your Account. We have no liability or responsibility if, for any reason, yourAccount is not honored for all or part of a transaction at any establishment or the merchant fails to abideby the applicable network rules and regulations when accepting your Account.e. Refunds, stop payments and merchant disputes. You do not receive cash refunds for returns ofmerchandise or services purchased using your Account. When a merchant gives you a refund for apurchase made using your Account, the refund is credited back to your Account and will appear on yournext statement, if applicable or in your Account history. You may not place a stop payment on apurchase transaction. You should settle any disputes you have about goods or services you purchaseusing your Account directly with the merchant. If a merchant misrepresents the quality, price, orwarranty of goods and services you purchase using your Account, or if a merchant for any reasonrefused to accept your Account or fails to abide by the applicable network rules governing yourAccount, we are not liable to you or responsible for any damages or losses that result from themerchant’s misrepresentation, failure to accept your Account or failure to abide by the network rules.7. Foreign TransactionsIf you use your Account to purchase goods or services in a foreign currency or in U.S. dollars with aforeign merchant (a “Foreign Transaction”), we will assess an International Transaction Fee. AnyInternational Transaction Fee will be shown in the transaction section of your monthly Accountstatement or in your Account history. Please note that Foreign Transactions include U.S. internettransactions made in the U.S. but with a foreign merchant. If the Foreign Transaction is made in U.S.dollars, the International Transaction Fee will be the percentage of that U.S. dollar amount as disclosedin the Fee Disclosure. If the Foreign Transaction is made in a foreign currency, the applicable paymentnetwork will convert the transaction into a U.S. dollar amount, and the International Transaction Feewill be the percentage of that converted U.S. dollar amount as disclosed in the Fee Disclosure. If you useyour Card to obtain foreign currency from an ATM, the applicable payment network will convert thetransaction into a U.S. dollar amount, and the International ATM Currency Conversion Fee will be a
percentage of the transaction amount, plus a per transaction charge at a non-partner ATM as disclosed inthe Fee Disclosure; other ATM fees may apply per the Fee Disclosure.The currency conversion rate used by Visa will be either (1) a rate selected by Visa from a range of ratesavailable in wholesale currency markets for the applicable central processing date, which rate may differfrom the rate Visa receives, or (2) a government-mandated rate in effect for the central processing date.The currency conversion rate used by Mastercard will be either (1) a wholesale market rate selected byMastercard, or (2) a government-mandated rate. The rate used by Visa or Mastercard on the processingdate may differ from the rate on the date of your transaction.8. No Preauthorized TransactionsYou may not make pre-authorized regular payments through the use of your Account.9. Negative Balances and Unposted TransactionsWhen you do not have enough available funds on your Account to cover purchases, we will decline thetransaction and you will not be subject to overdraft fees. There is no overdraft/credit feature on yourAccount.However, if a negative balance does occur in your Account, you agree (a) that we may take the amount ofthe negative balance from subsequent additions to your Account or (b) to pay us on demand the amountof the negative balance.If your Account is closed, leaving outstanding but unposted transactions originated by using theAccount, you agree to immediately repay us the amount of these outstanding transactions.10. Right to Receive Documentation of Transactionsa. Terminal Receipts. You usually can get a receipt at the time you make any transaction with yourAccount If the receipt and our records conflict, our records will govern.b. Preauthorized Credits. You can call us at 1.866.213.8564, 1.866.656.5913 TTY, or 423.262.1650(Collect, when calling outside the U.S.), to find out whether or not a direct deposit has been made.c. Delivery of Statements and Notices. If you request to receive your monthly Account statement bymail, we will deliver it to the last address we have on our records for you. See the Fee Disclosure for thefee for receiving monthly Account statements by mail. You agree to notify us promptly, in writing, atthe address listed in Section 16 below, of any change of address or you may change your address onlineat www.bankofamerica.com/commercialprepaidcard. If you receive your monthly Account statement bymail, you may request that rather than receiving it by mail, you may review it electronically. If you wishto do so, you may make this request online at www.bankofamerica.com/commercialprepaidcard or youmay contact the Commercial Prepaid Debit Card Customer Service Center (the “Service Center”) at theaddress or phone number below.ACCOUNTHOLDERS WHO DO NOT RECEIVE MONTHLY ACCOUNT STATEMENTS BYMAIL
laws or other laws or regulations, (a) where it is necessary for completing transactions; (b) in response toany subpoena, summons, court or administrative order, or other legal process which we believe requiresour compliance; (c) in connection with collection of indebtedness or to report losses incurred by us; (d)in compliance with any agreement between us and a professional, regulatory or disciplinary body; (e) inconnection with potential sales of businesses; (f) to service providers who help us meet your needs byassisting us in providing the services under this Agreement; or (g) if you give us your writtenpermission.13. Bank of America’s “Zero Liability” Policy for Unauthorized Transactions.Federal law (described in the section below entitled "Regulation E Liability Disclosure; Your Liabilityin Case of Loss, Theft, or Unauthorized Transactions") may limit your liability for unauthorizedtransactions on your Account, but you may still be liable in some circumstances. Under the Bank ofAmerica “zero liability” policy, you may incur no liability for unauthorized use of your Account up tothe amount of the unauthorized transaction, provided you notify us within a reasonable time of the lossor theft of your Account, Account number or PIN or its unauthorized use, subject to the following termsand conditions:Excluded transactions. Our zero liability policy does not apply to any unauthorized electronicfund transfer on an account which does not involve use of an Accountor Account number.“Unauthorized” defined. A transaction is considered “unauthorized” if it is initiated by someoneother than you (the cardholder) without your actual or apparent authority, and you receive nobenefit from the transaction. A transaction is not considered “unauthorized” if 1) you furnishyour Account, Account number or other identifying information to another person and expresslyor implicitly give that individual authority to perform one or more transactions, and the personthen exceeds that authority, or 2) for any other reason we conclude that the facts andcircumstances do not reasonably support a claim of unauthorized use.“Reasonable” time defined. Reasonable time will be determined in our sole discretion based onthe circumstances but will not be less than the time frames specified under the Electronic FundTransfer Act or Regulation E (see Section 15 below).Other considerations. We may ask you for a written statement, affidavit or other informationnecessary to support your claim. If you do not provide the requested materials within the timerequested or within a reasonable time if no date is stated, and we have no knowledge of the factsor other documentation to further investigate or confirm your claim, our zero liability policy maynot apply.Limitation of our Liability. Our liability under this policy is limited to reimbursing you for theamount of your loss up to the face amount of any unauthorized card transaction covered by this
policy. We are not liable for any claims, losses or damages that arise out of your misuse of theAccount. We are not liable for any claims of special, indirect or consequential damages.Your Rights under Regulation E. If your claim does not meet the prescribed conditions forreimbursement under the above policy, you still retain any consumer rights you may have underRegulation E, as described in Sections 13 and 14 below, and we will automatically re-examine the claimin accordance with those rights.14. Regulation E Liability Disclosure; Your Liability in Case of Loss, Theft, or UnauthorizedTransactions.Contact Us Promptly. Please contact us at the numbers listed below AT ONCE if you believe yourAccount has been stolen, or if you believe that someone may use or has used your PIN assigned to yourAccount without your permission. Telephoning is the best way of keeping your possible losses down.You could lose all the money in your Account. If you tell us within two business days after you learn ofthe loss or theft, you can lose no more than 50 for an unauthorized transaction or a series of relatedunauthorized transfers should someone use your Account or PIN.If you do NOT tell us within two business days after you learn of the loss or theft of your Account orPIN and we can prove we could have stopped someone from using your Account or PIN without yourpermission if you had told us, you could lose as much as 500.Also, if your monthly Account statement or your Account history shows transfers that you did not make,including those made by your Account, Account number, PIN or other means, tell us at once. If youreceive a monthly Account statement and you do not tell us within 60 days after the statement wasmailed to you, you may not get back any money you lost after the 60 days if we can prove that we couldhave stopped someone from taking the money if you had contacted us on time. If a good reason (such asa long trip or a hospital stay) kept you from telling us, we will extend the time periods.If you do not receive a monthly Account statement and do not tell us within 60 days after the earlier ofthe date you electronically access your Account if the error could be viewed in your electronic history orthe date we sent the FIRST written history on which the error appeared (but in any event within 120days after the transaction allegedly in error was credited or debited to your Account), you may not getback any money you lost after the applicable 60 or 120 day period if we can prove that we could havestopped someone from taking the money if you had contacted us on time. If a good reason (such as along trip or hospital stay) keeps you from notifying us, we will extend the time periods.If you believe your Account has been stolen, call us at 1.866.213.8564, 1.866.656.5913 TTY, or423.262.1650 (Collect, when calling outside the U.S.) or write to: Bank of America, P.O. Box 8488,Gray, TN 37615-8488.
NOTE: These liability rules are established by Regulation E which covers your Account. Our zeroliability policy, as described in Section 12 above, regarding unauthorized transactions may give youmore protection, provided you report the transactions promptly. You should also note that when yougive someone your Account or PIN, you are authorizing that person to use your Account and you areresponsible for all transactions that person performs with your Account or PIN. These transactions areauthorized transactions. Transactions are considered unauthorized only after you notify us that theperson is no longer authorized. Remember, do not write your PIN anywhere or carry your PIN with you.This reduces the possibility of someone using your Account without your permission if it is stolen.15. Error Resolution.In Case of Errors or Questions About Your Transactions:Telephone us at: 1.866.213.85641.866.656.5913 TTY423.262.1650 (Collect, when calling outside the U.S.)Or write to:Bank of AmericaP.O. Box 8488Gray, TN 37615-8488ACCOUNTHOLDERS WHO RECEIVE MONTHLY ACCOUNT STATEMENTS BY MAILCall or write as soon as you can if you think your monthly Account statement or receipt is wrong or ifyou need more information about a transaction listed on the statement or receipt. We must hear from youno later than 60 days after we sent the FIRST statement on which the problem or error appeared. Youwill need to tell us:(a) Your name and Account number.(b) Why you believe there is an error, and the dollar amount involved.(c) Approximately when the error took place.If you tell us orally, we may require that you send your complaint or question in writing within 10business days.ACCOUNTHOLDERS WHO DO NOT RECEIVE MONTHLY ACCOUNT STATEMENTS BYMAILCall or write as soon as you can if you think an error has occurred in your Account. We must allow youto report an error until 60 days after the earlier of the date you electronically access your Account, if theerror could be viewed in your electronic history, or the date we sent the FIRST written history on whichthe error appeared; but in any event you must report the error no more than 120 days after thetransaction allegedly in error was credited or debited to your Account. You may request a written history
of your transactions at any time by calling or writing to us at the numbers and address listed above. Youwill need to tell us:(1) Your name and Account number.(2) Why you believe there is an error, and the dollar amount involved.(3) Approximately when the error took place.If you tell us orally, we may require that you send us your complaint or question in writing within 10business days.WHEN YOU WILL HEAR FROM USWe will determine whether an error occurred within 10 business days after we hear from you—and willcorrect any error promptly. If we need more time, however, we may take up to 45 days to investigateyour complaint or question. If we decide to do this, we will credit your Account within 10 business daysfor the amount you think is in error, so that you will have the money during the time it takes us tocomplete our investigation. If we ask you to put your complaint or question in writing and we do notreceive it within 10 business days, we may not credit your Account.For errors involving new accounts, POS, or foreign-initiated transactions, we may take up to 90 days toinvestigate your complaint or question. For new accounts, we may take up to 20 business days to credityour Account for the amount you think is in error.We will tell you the results within three business days after completing our investigation. If we decidethat there was no error, we will send you a written explanation. You may ask for copies of thedocuments that we used in our investigation. If you need more information about our error-resolutionprocedures, call or write to us using the contact information listed above.16. Our Liability for Failure to Complete Transactions.If we do not complete a transfer to or from your Account on time or in the correct amount according tothis Agreement, we will be liable for your losses or damages.However, there are some exceptions. We will not be liable, for instance: If, through no fault of ours, you do not have enough available money in your Account to make thetransaction; If circumstances beyond our control (such as power outages, equipment failures, fire or flood) preventthe transaction, despite reasonable precautions that we have taken; If your Account or PIN has been reported to be, or suspected of being, stolen, and we have taken actionto prevent transactions with the Account or PIN; If your Account is subject to some legal process, right of setoff or encumbrance restricting thetransaction, or if the funds in your Account are not immediately available for completing a transaction.
17. Securitya. Confidentiality of your PIN. You agree not to disclose to anyone the PIN furnished by us or selectedby you to be used with the Account.18. Amendments/Expiration/TerminationAmendments. We may, at any time, change the terms and conditions in this Agreement, including theamount of any fee. We may add new terms and conditions and we may delete or amend existing termsand conditions. We generally send you at least 21 days’ advance notice of a
payments, credits and transfers, telephone transfers, and online banking transactions. "Account" means a Bank of America commercial prepaid digital account, or any other access device that is linked to a commercial prepaid digital account with us. 1. General Information . General Account Information and Funds Loaded to Your Account.