Terms
and Conditions
SMB Prepaid MasterCard® Card Cardholder
Agreement Offered through Score My Bills, Inc.
Issued by New Millennium Bank
Welcome! Please take time to read this document.
It contains the terms and conditions that will govern
your use of the SMB MasterCard Stored Value Card
(the "Card").
These terms and conditions include a privacy policy,
a provision for arbitration (as indicated in the
Notice below), and a schedule of fees and charges
for the issuance, maintenance and use of your Card.
By accepting, signing, using (sometimes referred
to as making "transfers"), or adding value
to (sometimes called "loading") the Card,
you agree to be bound by these terms and conditions.
So be sure to keep this Agreement for your records.
Notice Of Arbitration Provision And Right To Reject
It. This Agreement contains an arbitration provision
which appears below. Before accepting, signing, using
or adding value to the Card, you should read it carefully.
Unless you reject it in the manner described below,
it may have a substantial impact on the way in which
you or we or the Issuer resolve any claim that we
have against each other.
GENERAL TERMS AND CONDITIONS
Definitions
Accept as otherwise provided in this Agreement, "Issuer" means
New Millennium Bank, which issues the Card. "You" and "your" refers
to the person who applies for and obtains a Card
from the Issuer. "We," "us" and "our" refers
to Score My Bills, Inc. "Website" refers
to the site found at www.smbcards.com or any successor
site that we or the Issuer may designate with notice
to you.
Applying for a Card and Identity Verification
To apply for the Card, you must be at least eighteen
years old and you must have a physical address in
the United States (an address where you reside, not
a post office box or an address for receipt of mail).
You must also apply by yourself. Joint applications
will be declined by the Issuer.
When you apply for a Card, you will be asked for
your name, address, date of birth, and other personal
information that will allow the Issuer to verify
your identity. You may also be asked to provide your
current driver's license, an unexpired govern- ment-issued
identification card that contains your photograph,
or other identifying documents. The Issuer may decline
your application if it is not able to fully verify
your personal information.
Credit or Information Inquiries
You authorize us and the Issuer to make such credit,
employment, and investigative inquiries as we or
the Issuer deem appropriate in connection with your
application for, the issuance of and your use of
the Card. We or the Issuer can furnish information
to consumer reporting agencies and others who may
properly receive that information.
Card Description
The Card is a MasterCard stored value card. It contains
information about amounts that you can use to purchase
goods or services or to obtain cash. This information
is referred to as the "stored value" or
the "value stored" on your Card. The Card
only accesses this stored value. It is neither a
credit card nor a debit card.
The value stored on the Card is not held by the Issuer
in an individual checking, savings, or other consumer
asset account in your name. Instead, the value of
all Cards is held by the Issuer in an aggregate account.
The Issuer does not pay interest on the value stored
on your Card and that value is not FDIC-insured.
Loading Value on Your Card
Once your application is approved, you must load
an initial stored value on your Card. This amount
is in addition to any fees assessed in connection
with your application for and the issuance of your
Card. You must load this amount at the Score My Bills
Payment Processor or Retail Distributor from which
you will obtain the Card.
Thereafter, you can load additional value to the
Card at any authorized Score My Bills Payment Processor
or Retail Distributors. You will be assessed load
fees and convenience fees in connection with any
subsequent addition of value to the Card.
There are limits on the value you can load on your
Card and on how you pay for that value. The minimum
amount that you can load at any time is $5.00. The
maximum amount that you can load at anytime is $5,000.00.
The maximum stored value on the Card at any time
is $5,000.00. All payments for value must be in cash.
To find the Score My Bills Payment Processor or
Retail Distributor nearest you, call us at the Customer
Service telephone number listed below or visit our
website.
Activating Your Card
After you have loaded the initial stored value on
your Card, you can activate your Card and obtain
a Personal Identification Number ("PIN")
which you select by calling (866) 404-6656.
Using Your Card
Once the Card is activated, you may use the Card
to pay for purchases from participating merchants
or point of sale terminals ("POS") that
accept the Card or to make payments or obtain cash
from financial institutions or automated teller machines
(ATMs) that accept the Card. You may use the Card
by presenting the Card in person, or, when permitted
to do so, by giving your name, the Card number, the
expiration date, and any additional information requested.
Merchants, financial institutions, and ATMs that
accept the Card will display the MasterCard or Cirrus
logo.
Use of the Card May Not Exceed the Stored Value
If the value stored on your Card is not enough to
pay for a purchase or cash transaction, then let
the merchant or financial institution know ahead
of time. If the merchant or financial institution
consents, then you may be able to pay the difference
between the value stored on your Card and what you
owe the merchant or financial institution by giving
the merchant or financial institution cash for the
difference.
Otherwise, you may not use your Card to make a purchase
or to make a payment or obtain cash in excess of
the value stored on your Card. If for any reason
a purchase or cash transaction occurs which exceeds
the value on the Card, you are responsible for repaying
the Issuer in full the amount by which the transaction
has exceeded the value stored on your Card.
In addition, there are circumstances where all of
the value stored on the Card will not be available
to you. This may happen because of a merchant preauthorization
or hold.
Merchant Preauthorizations and Holds
In some cases, when you present your Card to a merchant,
such as a hotel, car rental company, or restaurant,
the merchant may obtain a preauthorization for the
transaction. When a merchant does this, a hold is
placed on the value on the Card in the amount of
the preauthorization requested by the merchant.
The hold will normally expire when you pay for the
transaction using the stored value on your Card.
However, if the transaction costs less than the amount
on hold, the difference may be available to you for
up to thirty days. Similarly, if you cancel the transaction,
or make other arrangements for payment, the amount
on hold may be available to you for up to thirty
days.
Using Your Card at POS Terminals and ATMs
You must follow certain procedures to use your Card
at POS terminals and ATMs. You must select "Credit" not "Debit" when
using your Card at self-service POS terminals, like
those at grocery or convenience stores. You must
select "Credit Card" when using your Card
to obtain cash at ATMs.
Limitations on Cash Withdrawals at ATMs
You may obtain only two cash withdrawals from ATMs
in any 24-hour period. For security reasons, there
may be other limits on the number and dollar amount
of transactions with the Card.
Conversion to U.S. Dollars
If you use the Card for a transaction in a currency
other than U.S. dollars, MasterCard International
will convert the transaction amount into a U.S. dollar
amount by using its currency conversion procedure.
Under this procedure, the non-U.S. dollar amount
is multiplied by a currency conversion rate to obtain
a U.S. dollar amount.
The currency conversion rate that MasterCard International
typically uses is either a government-mandated rate,
or a wholesale rate provided to it, increased by
a percentage or margin or fee. This percentage or
margin or fee is currently 1% and is charged directly
by MasterCard International. It is subject to change
without notice.
The currency conversion rate that MasterCard International
uses for a particular transaction is the rate it
uses for the applicable currency when the transaction
is processed. This rate may differ from the rate
in effect when the transaction occurred or when it
is deducted from the value stored on the Card. This
rate will not be disclosed on the statement that
shows the transaction, please call customer service
with any questions.
Fees and Charges for Your Card
There are fees and charges relating to your application
for, the issuance of, and your use of the Card. Those
fees and charges are set forth in a schedule at the
end of this Agreement.
Repayment of Amounts You Owe
The Issuer may automatically deduct any amount you
owe under this Agreement any time value is loaded
on the Card. If you fail to pay the Issuer for any
amount you owe under this Agreement, then, to the
extent permitted by law, you agree to pay any reasonable
collection costs incurred by the Issuer in collecting
that amount and, if the Issuer refers your obligation
to a lawyer who is not a salaried employee of the
Issuer, you agree to pay any reasonable attorneys'
fees incurred, plus the costs and expenses of any
legal action.
Basic Safety Precautions
Follow these basic safety precautions with your Card:
(I.) As soon as you receive your Card, sign your
name in the space on the back of the Card directly
below the words "Authorized Signature."
(II.) Do not write the PIN on the Card and do not
disclose the PIN or otherwise make it available to
anyone.
(III.) When using the Card and PIN, be alert to your
surroundings.
(IV.) Do not use your Card and PIN if circumstances
cause you to be apprehensive for your safety.
(V.) Close the entry door of any ATM facility equipped
with a door.
(VI.) When you use your Card and PIN to get cash
at an ATM, make sure that you place the cash in a
secure place before leaving the ATM.
Direct complaints concerning ATM security to the
operator of the ATM or to the New Jersey Department
of Banking. The telephone number for the New Jersey
Department of Banking is 609-984-2777.
Notices
We and the Issuer may send you notices and disclosures
concerning your Card by U.S. mail. These notices
and disclosures could include notices of changes
to the terms and conditions that apply to your Card,
notices of changes to the software or hardware required
in order to access and retain copies of your Card
statements that are posted on our web-site, Card
cancellation notices, annual privacy policy disclosures,
and other notices and disclosures.
You must notify us if you're mailing address changes.
P.O. Box 71402, Salt Lake City UT 84171 or by calling
us at the Customer Service telephone number listed
below. If you fail to do so, or if mail that is sent
to the most recent address on file for your Card
is returned as undeliverable, the Issuer may cancel
your Card.
Canceling Your Card
The Issuer may cancel the Card at any time. If the
Issuer cancels the Card, you will receive any remaining
balance back in the form of a check, which will be
mailed with in 30 days.
If you wish to cancel your Card, you may obtain the
value stored on the Card, less a termination fee
and less any other fees, charges or amounts due,
by mailing your Card, along with a written request
for the disbursement of the value remaining on your
Card, to the Issuer at the Customer Service address
below (or the address, if different, shown on your
Card statement for errors and inquiries).
Cancellation of the Card will not affect any of your
obligations arising under this Agreement prior to
cancellation and will not affect the provision for
arbitration.
In Case of Lost or Stolen Cards or PINs
If your Card or PIN has been lost or stolen, please
follow the procedure outlined below and your Card
or PIN will be replaced. If your Card is replaced,
the value stored on the replacement Card will be
reduced by the replacement card fee, any other fees,
charges, or amounts due, and any use of the lost
or stolen Card for which you are responsible.
If you believe your Card or PIN has been lost or
stolen or that someone has transferred or may transfer
value from your Card without your permission, contact
the Issuer IMMEDIATELY at the Customer Service telephone
number listed below or the Customer Service address
listed below (or the address, if different, shown
on your Card statement for errors and inquiries).
Telephoning is the best way of keeping your possible
losses down.
If you do NOT contact Customer Service within two
business days after you learn of the loss or theft
of your Card or PIN, and the Issuer can prove it
could have stopped someone from using your Card without
your permission if you had contacted Customer Service,
you could lose as much as $50 (or, if less, the full
amount of value stored on the Card).
Also, if your Card statement shows transfers that
you did not make, contact Customer Service at once.
If you do not tell the Issuer within 60 days after
the Card statement was mailed to you, you may not
get back any value stored on the Card that you lost
after the 60 days if the Issuer can prove that it
could have stopped someone from using the value stored
on the Card if you had told the Issuer in time.
If a good reason (such as a long trip or a hospital
stay) kept you from telling the Issuer, the Issuer
will extend the time periods.
For purposes of these disclosures, the Issuer's business
days are Monday through Friday, excluding Federal
and New Jersey holidays.
When You Will Not Be Liable for Use of Your Card
You will not be liable for the use of your Card without
your permission, even if your Card was lost or stolen,
if:
(i) You reasonably demonstrate to the Issuer that
you exercised reasonable care in safeguarding your
Card and PIN from risk of loss and theft; Your Card
is in good standing (for example, not presently or
recently overdrawn, and not presently or recently
under suspicion of possible illegal or suspicious
use);
The Issuer has not received more than one other report
of unauthorized use of your Card in the previous
twelve months; and The unauthorized use of your Card
was processed directly through MasterCard and not
through the POS or ATM network of an other financial
institution or third party. However, you may still
be liable for the use of your Card without your permission
if we or the Issuer ask you for a written statement,
affidavit or other information in support of your
claim and you do not provide the statement, affidavit
or information within the time requested or within
a reasonable time if no time is requested.
Confidentiality
The Issuer may disclose information to third parties
about your Card or the transfers you make:
(ii) Where it is necessary for completing transfers;
or
In order to verify the existence and condition of
your Card for a third party, such as a credit bureau
or merchant; or
In order to comply with government agency or court
orders or in connection with examinations by state
and federal banking regulators, or
In order to determine if your Card is being used
by an unauthorized user or in a fraudulent manner;
or In order to resolve an error or an inquiry as
to an alleged error; or
In order to collect amounts due or to report losses
incurred; or
In order to comply with any agreement between the
Issuer and a professional, regulatory, or disciplinary
body; or
In connection with potential sales of business; or
If permitted under applicable state and Federal privacy
laws; or If you give the Issuer your written permission.
Documentation
You can get a receipt when you use your Card at a
POS terminal or ATM.
No Preauthorized Transfers, Special Instructions
or Stop Payment Orders
The following restrictions apply to your use of the
Card. You may not use your Card to make regular preauthorized
transfers. You may not give any special instructions
that would restrict or limit acceptance or use of
the Card. And you may not stop any transfer made
using the Card.
Liability for Failure to Complete a Transfer If the
Issuer has agreed to complete a transfer to or from
your Card and does not do so on time or in the correct
amount, the Issuer will be liable for your losses
or damages. However, there are some exceptions. The
Issuer will not be liable, for instance:
(I.) If, through no fault of the Issuer, you do not
have enough value stored on your Card to make the
transfer or the value is blocked from access by legal
proceedings or otherwise subject to a hold; or
(II.) If the ATM where you are making the transfer
does not have enough cash; or
(III.) If the ATM where you are making the transfer
was not working properly and you knew about the breakdown
when you started the transfer; or
(IV.) If circumstances beyond the control of the
Issuer (such as fi re or flood) prevent the transfer,
despite reasonable precautions that that Issuer has
taken; or
(V.) If you do not give your correct PIN when starting
the transfer; or
(VI.) If your Card has deteriorated or been damaged
so that it does not function properly; or
(VII.) If you do not follow the procedures in this
Agreement; or
(VIII.) If the transfer would not be within the daily
limit described in the "Limitations on Using
Your Card" section of this Agreement; or
(IX.) If you or we and the Issuer have terminated
this Agreement or canceled your Card; or
(X.) If your Card or PIN has been reported lost or
stolen; or
(XI.) If other exceptions occur as stated in this
Agreement or as permitted or required by applicable
law.
In Case of Errors or Questions About Transactions
Telephone the Issuer at the Customer Service telephone
number listed below, or write the Issuer at the Customer
Service address listed below, or visit our website,
print the dispute form and follow the instructions
for using that form, as soon as you can, if you think
a Card statement or POS or ATM receipt is wrong or
if you need more information about a transaction
listed on the Card statement or receipt. The Issuer
must hear from you no later than 60 days after the
Card statement on which the problem or error appeared
was FIRST made available to you.
The following information must be contained in that
notice:
(i) Your name and the Card number. A description
of the error or the transaction you are unsure about
and a clear explanation of why you believe it is
an error or why you need more information.
The dollar amount of the suspected error.
If you telephone the Issuer (by using the Customer
Service telephone number listed below), you must
send your complaint or question in writing within
ten business days to the Customer Service address
listed below (or the address, if different, shown
on your Card statement for errors and inquiries).
Generally, the Issuer will tell you the results of
its investigation within ten business days after
the Issuer hears from you and will correct any error
promptly. Where appropriate, the Issuer may correct
an error by crediting the value on the Card for the
amount in error. However, you will not be entitled
to interest on any amount deducted in error from
the value on the Card. If the Issuer needs more time,
however, the Issuer may take up to 45 calendar days
to investigate your complaint or question.
If the Issuer needs this extra time, the Issuer will,
within ten business days, credit the value on the
Card for the amount you think is in error so that
you will have use of the stored Value in question
during the time it takes the Issuer to complete the
investigation. If you are asked to put your complaint
or question in writing and the Issuer does not receive
written confirmation of your oral notice within ten
business days, the Issuer will not credit the value
on the Card.
For errors involving new Cards (generally Cards that
have been issued for 30 days or less), point-of-sale,
or foreign-initiated transactions, the Issuer may
take up to 90 days to investigate your complaint
or question. For new Cards (generally Cards that
have been issued for 30 days or less), the Issuer
may take up to 20 business days to credit the value
on your Card for the amount you think is in error.
The Issuer will tell you the results within three
business days after completing its investigation.
If the Issuer decides that there was no error, it
will end you a written explanation. You may ask for
copies of the documents that the Issuer used in its
investigation.
Amendment
The Issuer may at any time, and from time to time,
add to, delete from or modify the terms of this Agreement.
To the extent permitted by applicable law, the Issuer
may amend the terms of the Agreement regardless of
whether the Card has expired or has been deemed abandoned
on other side doned. The Issuer will notify you of
any change prior to the effective date of the change.
The Issuer may include any such notice in the same
envelope with a statement of your Card activity and
the value stored on your Card or as part of such
a statement or in other materials sent to you.
Customer Service Contact Information
SMB MasterCard c/o Score My Bills, Inc.
1803 Park Center Dr.
Suite 110
Orlando, FL 32835
E-mail: support@scoremybills.com
Web: www.scoremybills.com
Phone: (866) 740-5684
Applicable Law
Except as otherwise provided in this Agreement, this
Agreement will be governed by Federal law and the
laws of the State of New Jersey to the extent not
preempted by Federal law.
Interpreting this Agreement
If any provision of this Agreement is deemed unlawful,
void, or for any reason unenforceable, then that
provision shall be deemed severable from this Agreement
and it shall not affect the validity and enforceability
of any remaining provisions.
The headings in this Agreement are only for convenient
reference, and do not limit or define any rights
or obligations of yours, of ours, or of the Issuer.
Any failure to enforce the strict performance of
any provision of this Agreement will not be a waiver
of the right to subsequently enforce such provision
or any other provision of this Agreement.
Assignment of this Agreement
You may not assign the Card or your obligations under
this Agreement to anyone else. The Issuer may assign
its rights under this Agreement.
Survival
The provisions of the Agreement shall survive the
cancellation or expiration of the Card and any bankruptcy
by you, to the extent consistent with bankruptcy
law.
PRIVACY POLICY
General
This Privacy Policy is provided by us and by the
Issuer. This Privacy Policy includes examples of
the types of nonpublic personal information we and
the Issuer collect and the kind of companies with
whom we and the Issuer may share such information.
These examples are illustrative and should not be
considered a complete inventory of our information
collection, use and sharing practices or those of
the Issuer. In addition, you may have other privacy
protections under some state laws.
Please note that this Privacy Policy will not apply
to your independent relationships with other companies
that may from time to time offer you products and
services in conjunction with the Card. Those companies'
privacy policies will govern how they collect, use
and disclose personal information that you choose
to allow them to access.
Information We and the Issuer May Collect
In order to provide you with products and services
you have requested, to service the Card, and as we
and the Issuer deem appropriate to determine your
eligibility for products or services, we and the
Issuer collect or reserve the right to collect the
following types of nonpublic personal information
about you from the following sources:
Information we and the Issuer receive from you (or
that is provided to us on your behalf), including,
but not limited to, your name, address, telephone
number and date of birth; Information about your
transactions with us, with the Issuer, or with others,
such as Account balance, payment history, parties
to transactions and Card usage; Information we and
the Issuer receive from a consumer reporting agency,
such as your creditworthiness and credit history.
Information We and the Issuer May Disclose and To
Whom We and the Issuer May Disclose Information
Disclosures Permitted by Law
Both we and the Issuer may disclose all of the nonpublic
personal information described above, as permitted
by law. For example, we and the Issuer may use affiliates
or vendors to perform services for us, such as providing
customer assistance, processing your Account, preparing
your Account statements and maintaining or developing
software for us or the Issuer. We and the Issuer
also may disclose information in response to requests
from law enforcement agencies or state and federal
banking regulators.
Disclosures for Joint Marketing Services
Both we and the Issuer may disclose all of the nonpublic
personal information described above to companies
that perform marketing services on our behalf including
financial companies such as banks and insurance companies;
non-financial companies, such as direct marketers
and mail houses; and others, such as membership organizations
and others with whom we or the Issuer have joint
marketing agreements.
Other Disclosures
In order to make available to you a wide variety
of special non-financial products and services, such
as discount travel, discount movie tickets and discount
shopping programs, both we and the Issuer may enter
into arrangements with nonaffiliated parties to provide
you with such special offers. We and the Issuer may
disclose all of the nonpublic personal information
described above to these parties who may want to
offer their products and services to you, unless
you opt out as described below.
Information Regarding Former Customers
We and the Issuer disclose nonpublic personal information
about former Card customers with inactive Cards only
in accordance with this Privacy Policy.
Our Security Procedures
We and the Issuer restrict access to nonpublic personal
information about you to those employees whom we
and the Issuer determine have a legitimate business
purpose to access such information in connection
with the provision of products or services to you.
We and the Issuer maintain physical, electronic and
procedural safeguards that comply with federal standards
to guard nonpublic personal information about you.
Changes to this Privacy Policy
We and the Issuer reserve the right to modify or
supplement this Privacy Policy at any time. If we
or the Issuer make material changes, we or the Issuer,
whichever one is making changes, will provide current
customers with a revised notice that describes the
new practices.
Your Right to Opt-Out of Other Disclosures to Nonaffiliated
Third Parties
If you prefer that we and the Issuer not share nonpublic
personal information about you with nonaffiliated
parties as described under "Other Disclosures" above,
you may opt out at any time by requesting us and
the Issuer not to make those disclosures. To do so,
call the Customer Service telephone number listed
above. Your "opt-out" designation does
not apply to "Disclosures Permitted by Law" or "Disclosures
for Joint Marketing Services" described above
or disclosures to which you have consented.
If you reside in a state (for example, California,
North Dakota, or Vermont) that requires "opt-in" consent
to the sharing of nonpublic personal information
about you with nonaffiliated parties, then neither
we nor the Issuer will share such information, unless
otherwise permitted by law. Instead, both we and
the Issuer will automatically treat you as if you
had opted-out of such sharing of information, without
the need for you to call.
Once your request has been processed, it will remain
in effect until you request a change. Please note
that neither we nor the Issuer can accommodate special
opt-out requests.
ARBITRATION PROVISION
General
This Arbitration Provision (the "Provision")
governs when and how disputes between you and us
or between you and the Issuer will be arbitrated
outside the court system. This Provision covers all
Claims (defined below), except we and the Issuer
will not elect to arbitrate an individual Claim brought
by you in small claims court, unless that Claim is
transferred, removed or appealed to a different court.
Also, as described below, you have the right to reject
this Provision in its entirety if you act within
forty-five (45) days after the date you first accept,
sign, use or add value to the Card, whichever comes
first.
Definitions
"Claim" means any dispute between you and
us or between you and the Issuer that arises from
or relates in any way to the Card, this Agreement
or the relationships resulting from this Agreement,
including disputes concerning
(1) any items you purchased with the Card;
(2) advertisements, promotions, disclosures or documents
relating to the Card; and (3) this Provision's applicability
or enforceability. It includes disputes based on
constitutional provisions, statutes, regulations,
ordinances, contracts, and acts of every type (whether
intentional, fraudulent, reckless, or negligent).
It includes disputes that seek relief of any type,
including equitable relief or damages. As solely
used in the Provision, the terms "we," "us" and "our" shall
mean Score My Bills, Inc., its partners, wholly
or majority-owned subsidiaries, affiliates, successors,
assigns and any of their employees, officers and
directors. As solely used in the Provision, the term "Issuer" shall
mean New Millennium Bank, its parents, wholly or
majority-owned subsidiaries, affiliates, successors,
assigns or any of their employees, officers and directors.
Said terms shall also include any third party providing
any goods or services in connection with the issuance
of, use of, or addition of value to the Card if such
third-party is named as a co-party in any lawsuit
filed by you against us or the Issuer.
"Administrator" means the American Arbitration
Association, 335 Madison Avenue, 10th Floor, New
York, NY 10017, www.adr.org, (800) 778-7879; JAMS,
45 Broadway, 28th Floor, New York, NY 10006, www.jamsadr.com,
(800) 352-5267; or the National Arbitration Forum,
P.O. Box 50191, Minneapolis, MN 50191, www.arb-forum.com,
(800) 474-3271, as the case may be.
Starting an Arbitration
To start an arbitration, you, we, or the Issuer must
give written notice of an election to arbitrate a
Claim. This notice may be given after a lawsuit begins
and may be given in papers filed in the lawsuit.
If such a notice is given, the Claim shall be resolved
by arbitration under this Provision and the rules
of the Administrator in effect at the time the Claim
is filed with the Administrator. You can choose the
Administrator in your written notice electing to
arbitrate, or by giving written notice of your selection
within 20 days after we or the Issuer notify you
of our or the Issuer's election to arbitrate. If
you do not do so, we or the Issuer will select the
Administrator. If for any reason the selected Administrator
cannot or will not serve, you will have 20 days to
select a new Administrator. The arbitrator will be
selected under the Administrator's rules, except
that the arbitrator must be a lawyer with at least
ten years of experience or a retired judge.
Important Notice and Limitations
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT
TO A CLAIM, NEITHER YOU NOR WE NOR THE ISSUER WILL
HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR
HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN
PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR
IN THE APPLICABLE ARBITRATION RULES OR BY THIS ARBITRATION
PROVISION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S
DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS
THAT YOU OR WE OR THE ISSUER WOULD HAVE IN COURT
MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT
TO A CLAIM, NEITHER YOU NOR WE NOR THE ISSUER MAY
PARTICIPATE IN A CLASS ACTION OR CLASSWIDE ARBITRATION,
EITHER AS A REPRESENTATIVE OR MEMBER OF ANY CLASS
OF CLAIMANTS, OR ACT AS A PRIVATE ATTORNEY GENERAL
IN COURT OR IN ARBITRATION, PERTAINING TO ANY SUCH
CLAIM (referred to hereinafter as the "Class
Action Waiver"). Notwithstanding anything else
in this Provision, the validity and effect of the
Class Action Waiver shall be determined by the Court
and not by an arbitrator. Furthermore, if the Class
Action Waiver is invalidated in any legal proceeding
in which you and we or the Issuer are involved, then
this entire Provision shall be null and void.
Location and Costs
Any arbitration hearing that you attend will take
place at a location reasonably convenient to your
residence. If you cannot afford to pay the fees charged
by the Administrator or arbitrator or if you believe
that such fees are or will be prohibitively expensive
or excessive, we or the Issuer will entertain in
good faith any reasonable written request by you
for us or the Issuer to pay or reimburse you for
all or part of such fees. In any event, if applicable
law requires us or the Issuer to pay or reimburse
you for any such fees, such law will control. In
no event will you be required to reimburse us or
the Issuer for any of the fees we or the Issuer have
previously paid to the Administrator or arbitrator
or for which we or the Issuer are responsible. Each
party shall bear the expense of that party's attorneys,
experts and witnesses, regardless of which party
prevails in the arbitration, unless applicable law
and/or this Provision and/or this Agreement gives
a party the right to recover any of those fees from
the other party.
Governing Law for Arbitration Provision
This Agreement involves interstate commerce, and
this Provision is governed by the Federal Arbitration
Act (the "FAA"), 9 U.S.C. §1, et seq. The
arbitrator shall apply applicable substantive law
consistent with the FAA and applicable statutes of
limitations and claims of privilege recognized at
law and shall be authorized to award all remedies
permitted by the substantive law that would apply
if the action were pending in court. Upon the timely
request of either party, the arbitrator must write
a brief explanation of the basis for the award. In
conducting the arbitration proceeding, the arbitrator
shall determine the rules of procedure and evidence
to apply, consistent with the arbitration rules of
the Administrator and this Provision. The arbitrator
will not be bound by, and this Provision shall not
be subject to, the federal or any state or local
rules of procedure and evidence or state or local
laws that pertain specifically to arbitration proceedings.
Getting Information
In addition to the parties' rights to obtain information
under the Administrator's rules, either party may
ask the arbitrator for more information from the
other party.
Effect of Arbitration Award
Any appropriate court may enter judgment upon the
arbitrator's award. The arbitrator's decision will
be final and binding, except for: (1) any appeal
right under the FAA and (2) Claims involving more
than $100,000. For the latter, any party may appeal
the award to a three-arbitrator panel appointed by
the Administrator, which will reconsider from the
start any aspect of the initial award that is appealed.
The panel's decision will be final and binding, except
for any appeal right under the FAA. Unless applicable
law provides otherwise, the appealing party will
pay the appeal's costs, regardless of its outcome.
However, we and the Issuer will consider any reasonable
written request for us to bear the cost.
Partial Enforcement; Conflicting Terms; Survival
Except as described above, if any other portion of
this Provision cannot be enforced, the rest of this
Provision will continue to apply. In the event of
any conflict or inconsistency between this Provision,
and the Administrator's rules or other provisions
of this Agreement, this Provision will govern. This
Provision shall survive the cancellation or expiration
of the Card and any bankruptcy by you, to the extent
consistent with applicable bankruptcy law.
Rejection of Arbitration Provision
You may reject this Arbitration Provision by sending
a rejection notice to New Millennium Bank c/o Score My Bills, Inc. 505 East Jackson St. Suite 302 Tampa,
Florida 33602 Attn: Customer Service/Arbitration
(and no other location) within forty-five (45) days
after the date you first accept, sign, use, or add
value to the Card, whichever comes first. Any rejection
notice must be signed by you and must include your
name, address, telephone number and Card number.
This is the only method you can use to reject this
Arbitration Provision.
Fees and Charges
Standard Fees
An application fee will be charged prior to the issuance of the Card. Application fee may vary. We impose a charge of up to $0.00 as a processing fee. On your application, this fee could be referred to as an account set up fee or a processing fee. A single charge of $10.00 is imposed if you wish to have a co-applicant on your account.
One Time Activation Fee: FREE
Monthly SMB Prepaid MasterCard Card Maintenance Fee:
FREE
Point of Sale Signature Based Transaction Fee: FREE
Point of Sale Signature Based Transaction Decline
Fee: FREE
Point of Sale PIN Based Transaction Fee: $0.50
Point of Sale PIN Based Transaction Fee (International):
$.50
Point of Sale PIN Based Decline Fee (International):
FREE
ATM and Cash Advance Fees
ATM Withdrawal Fee: $2.00
ATM Withdrawal Fee (International): $3.50
ATM Balance or Transaction Inquiry Fee: $0.50
ATM Balance Inquiry Decline Fee: $0.50
ATM Balance or Transaction Inquiry Fee (International):
$1.00
ATM Decline Fee: $0.50
ATM Decline Fee (International): $0.50
Cash Advance Fee: $2.00
Cash Advance Fee (International): $4.50
Debit Decline Fee (International): $1.00
Debit Transaction Fee: $0.50
Debit Transaction Fee (International): $.50
Load Money Options
A Reload Fee will be assessed to your card any time
you load money to your card. Fees vary, depending
on method:
Reload using Payroll DirectT: FREE
Reload using Check/Money Order: FREE
Reload using Bank ACH Transfer: FREE
Reload using Western Union®: $3.95
Reload using Bank Wire Transfer: $9.95
Reload using PayXone®: Varies
Special Service Fees Online Account Access: FREE
Automated Customer Service: FREE
Live Operator Customer Service: $2.50 Per Call
Change/Assign/Reset Pin fee of $.50
Overnight Charge: $35.00
2nd Day Air Charge: $30.00
Express Mail Fee: $15.00
Card to Card Transfer fee: $1.00
Account Research fee: $50.00
Replacement Card Fee: $10.00
Card Cancelation & Check Issuance Fee: $10.00
Click-N-Pay Electronic Bill Payment: $0.75
Click-N-Pay Paper Check Payment: $1.50
Canceled Check Fee (Click-N-Pay): $18.00
Send Cash Fee: FREE
Rental Car Transaction Fee: $5.00
$50.00 PayCard Advance Fee: $8.00
Daily Load Money Limit: The maximum balance allowed
on the SMB Prepaid MasterCard at any given time is
$5,000.
Daily Load Money Transaction Limit: You may load
money to your card no more than four (4) times per
day. Daily Cash Withdrawal Limit: You may use your
Card to access cash at an Automated Teller Machine
(ATM). You may withdraw up to $1,000 daily from an
ATM or up to $500 daily cash advance through an in
person bank branch. Your combined ATM and daily cash
advance limit is $1,500.
Termination of your SMB PREMIER MEMBER Prepaid MasterCard®
Card. I agree and acknowledge that the PayCard advance
feature on my PREMIER MEMBER Prepaid MasterCard will
cease immediately upon termination of employment.
I further authorize my former employer to notify
Score My Bills of my employment status with the
company immediately upon my release. I hereby authorize
Score My Bills to make any deductions on my card
account to recover any PayCard advances or service
charges that may be outstanding upon my termination
of employment with the company. Failure to pay the
Issuer for any amount owed under this Agreement will
result in a payment by the cardholder to fulfill
any and all collection costs incurred by the Issuer.
Should the Issuer refer your obligation to a third-party
attorney you agree to pay all fees incurred in addition
to the costs and expenses of future legal action
to the extent permitted by laws of the State of Florida.
I also understand that my SMB PREMIER MEMBER Prepaid
MasterCard may continue to be used while employed
with a different company provided that my new employer
is able to process its payroll using Direct Deposit.
Furthermore, I understand that I forever release,
discharge and hold harmless any employer for any
action taken or not taken in its execution of the
authorizations provided for in these Terms & Conditions
or for any losses or damages I may incur from using
the Card. |