Privacy Policy

CARDHOLDER AGREEMENT FOR THE FERRY PAYROLL CARD

IMPORTANT—PLEASE READ CAREFULLY AND RETAIN FOR YOUR RECORDS

1. Your Ferry Payroll Card and This Agreement

This Ferry Payroll Cardholder Agreement (“Agreement”) constitutes the agreement between you and Community Federal Savings Bank, an FDIC insured member institution (“Bank”), that issues the Ferry Payroll Card (“Payroll Card”) to you. Ferry Pay Inc. is the “Program Manager.” “We,” us,” or “our” means, collectively, the Bank, its respective successors, affiliates, and/or assignees and unless otherwise stated, the Program Manager. Through the Ferry Payroll Card Program (“Program”), you can have your Wages deposited into your Payroll Card Account, which you can access with your Ferry Payroll Card. The long form list of fees (“List of Fees”) is attached and part of this Agreement. 

By enrolling in the Program or having your Wages deposited into your Payroll Card Account, you agree to be bound by this Agreement. Further, by doing so, you are (1) confirming that your Employer provided you with an alternate means to receive your Wages and (2) consenting to (x) receive your Wages into your Payroll Card Account, which you can access through you Payroll Card, and (y) allowing us to reverse or debit funds we credited to your Payroll Card Account in error. Please contact your Employer for more information if you have not been advised of alternative means to receive your Wages. 

If you do not agree to this Agreement or do not want to receive your Wages through the Payroll Card, do not enroll in the Program or have your Wages deposited into your Payroll Card Account.

This Agreement requires any legal disputes between you and us to be decided by arbitration and not in a court of law, and it also forbids you from participating in a class action against us unless you exercise your right to reject arbitration as described in the arbitration provision in Section 11 of this Agreement.

2. Definitions

• “ACH” means the Automated Clearing House.
• “Available Balance” means your Balance minus any preauthorizations; your Available Balance may be positive, negative, or zero.
• “Balance” means the total amount of funds allocated to you and on deposit in your Payroll Card Account; your Balance may be positive, negative, or zero.
• “Employer” means the person or company who offers the Program to its employees, workers, independent contractors, or other individuals it hires to pay Wages into your Payroll Card Account. 
• “Ferry Account” means the account you create through the Ferry App or the Ferry Website, from which you can access information regarding your Payroll Card Account and Payroll Card.
• “Ferry App” means the Ferry application made available through the Apple App Store or the Google Play Store.
• “Ferry Website” means useferry.com.
• “Payroll Card Account” means the account created upon enrollment into the Program through which you receive your Wages.
•  “Wages” means any wages, salary, tips, commissions, or any other compensation you receive from your Employer.

3. About Your Payroll Card Account, your Payroll Card, and the Program

1. Important Information About Opening A New Payroll Card Account. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: when you register a Payroll Card, we will ask for your name, address, date of birth, and other information that will allow us to identify you.
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2. Payroll Card Account. The funds in your Payroll Card Account are held on your behalf in a pooled custodial account, maintained by Bank as an agent for and for the benefit of cardholders of Payroll Cards issued by Bank in connection with the Program. To the extent available under applicable law, funds in your Payroll Card Account are insured up to the maximum amount provided by the FDIC. Your Payroll Card Account is non-interest bearing and it is not a checking account, share draft account, or savings account.
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3. Payroll Card. Your Payroll Card allows you to access the Available Balance in your Payroll Card Account. Your Payroll Card is not a credit card. It does not connect to any checking account, share draft account, or savings account or any other prepaid card or credit card you may have other than your Payroll Card Account. The Payroll Card will remain Bank’s  property and you must surrender it to us upon demand. The Payroll Card is non-transferable, is not for resale, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Payroll Card is not for business use; we may cancel your Payroll Card if we determine that you are using it for business purposes.
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4. Non-Personalized Cards and Personalized Cards. We may provide you with two types of Payroll Cards: (1) a non-personalized card (“Instant Issue Card”) (i.e., your name does NOT appear on the front); or (2) a Payroll Card bearing your name (“Personalized Card”). Upon enrolling in the Program, we will make Instant Issue Cards available to you and we will also mail you a Personalized Card after a certain period of your employment. You will sign the back of the Payroll Card immediately upon receipt. Your Payroll Card’s expiration date is listed on the back.
   
   If you make or receive multiple fund loads to your Instant Issue Card, you agree that we may provide you with a new Personalized Card and a new card number that can accommodate an unlimited number of fund loads. You may be charged a fee for a new Personalized Card as described in Section 5(a) and as stated in our List of Fees.
   
   Once you receive your Personalized Card and activate it, if you have an Available Balance in your Payroll Card Account, you will only be able to access it through your Personalized Card and we will deactivate your Instant Issue Card.
   
   If the number of fund loads to your Instant Issue Card is not enough for us to generate a new Personalized Card, you may keep using your Instant Issue Card until the expiration date on the card.
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5. Card Registration and Activation. Your Employer will complete your Payroll Card registration before we issue your Payroll Card to you. If the Payroll Card registration is incomplete, we will not be able to issue you a Payroll Card. If that happens, please contact your Employer.
   
   You must activate your Instant Issue Card or Personalized Card before using it. To activate your Payroll Card, visit the Ferry App or Ferry Website.
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6. Personal Identification Number (PIN). You will pick a PIN when activating your Payroll Card. Do not write down or keep your PIN with your Payroll Card. Never share your PIN with anyone. When entering your PIN, make sure no one can see it. Do not use any payment terminal that looks modified or suspicious. Contact us right away if you think someone has gained unauthorized access to your PIN. Follow the steps in Section 8(b) titled “Your Liability for Unauthorized Transactions.”
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7. Program Availability. Your Employer may impose requirements for maintaining your participation in the Program. Your Employer also may elect to terminate your participation in the Program and/or to cease making the Program available.
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8. Electronic Consent Required. We provide this Program electronically. To receive access to the Program, you must agree to accept delivery of all disclosures electronically as stated in our ESIGN Consent. If you revoke your consent to receive disclosures electronically, you acknowledge that we may close your Payroll Card Account as stated in Section 10(d) titled “Amendment and Cancellation/Closure.” If you revoke consent to receive disclosures electronically and we close your Payroll Card Account, contact your Employer about alternative methods to receive your Wages.
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9. Customer Service. For customer service or additional information regarding your Payroll Carx Account or Payroll Card, please contact us by sending us a message through the Ferry App, the Ferry Website, calling +1 (424) 766-5077, or by emailing support@useferry.com. Customer service agents are available Monday through Friday from 10am to 6pm EST, except for bank holidays. Most support requests will receive a response within 2 business days.
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10. Business Days. Our business days are Monday through Friday 10:00 AM to 6:00 PM EST, excluding federal holidays, even if we are open. Any references to “days'' found in this Agreement are calendar days unless stated otherwise. 

4. Using Your Payroll Card Account and your Payroll Card

1. Loading your Payroll Card Account. You cannot load funds into your Payroll Card Account. Only your Employer may direct that your Wages be loaded into your Payroll Card Account. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit may tell you every time they send us the money. You can also call us to find out whether or not your direct deposit has been received (see “Customer Service” above”) or check in your Ferry Account to find out whether or not the deposit has been made. Deposits received from a source other than your Employer or on behalf of your Employer will be declined and returned. Deposits received in anyone else’s name will be declined and returned. If we discover that a deposit (i) in your name from a source other than your Employer or on your Employer’s behalf or (ii) in the name of someone else was successfully loaded to your Payroll Card Account, we will deduct the amount of the deposit and return it. Any funds are not available to you until your Payroll Card is activated and the funds have been received by the Bank and settled.
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2. Accessing your Funds and Limitations on Transactions. As long as you do not exceed your Available Balance or the transaction limits below, as applicable, you may use your Payroll Card Account and Payroll Card to:
   
   1. Receive your Wages from your Employer into your Payroll Card Account,
   2. Withdraw cash from your Payroll Card Account,
   3. Purchase or lease goods or services,
   4. Initiate withdrawals from your Payroll Card Account via ACH, or
   5. Initiate instant transfers. 
   
   These services may not be available at all terminals depending on where and how you are attempting to use your Payroll Card Account or Payroll Card. Each time you use your Payroll Card, you authorize us to reduce the value available in your Payroll Card Account by the amount of the transaction and any applicable fees.
   
   Your Payroll Card cannot be redeemed for cash except where required by law. You may not use your Payroll Card for online gambling or any illegal transaction. We may refuse to process any Payroll Card transaction that we believe may violate the terms of this Agreement or applicable law. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Payroll Card, except as otherwise stated in this Agreement.
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3. Transactions and Card Not Present Transactions. Merchants are responsible for and must provide you with a clear way of choosing to make a debit transaction using your PIN if they support the option. Different terms may apply to transactions conducted without a PIN.
   
   ‍To initiate a debit transaction at the point-of-sale, swipe or insert your Payroll Card in a point-of-sale terminal and sign the receipt (may be an electronic signature pad). To initiate a transaction for a mail order, telephone, or Internet purchase, you will provide your Payroll Card number and any other Payroll Card information required. If you use your Payroll Card number without presenting your Payroll Card, i.e., a “card not present” transaction (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Payroll Card itself.
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4. ‍Split Transactions. Some merchants do not allow cardholders to conduct split transactions where you would use the Payroll Card as partial payment for goods and services and pay the rest of the balance with another form of legal tender. If you want to conduct a split transaction and the merchant permits it, you must tell the merchant to charge only the exact amount of funds available through the Payroll Card to the Payroll Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash.
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5. Authorization Holds. Certain categories of merchants may “preauthorize” your purchase for a greater amount than the transaction. Any pre-authorization amount will place a “hold” on your Balance until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the pre-authorized amount. For example, if you use your Payroll Card at an automated fuel dispenser (“pay at the pump”), the merchant may pre-authorize the transaction amount up to $75.00 or more. If your Payroll Card is declined, even though you have sufficient funds available, you will have to pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, or for similar purchases, the merchant may pre-authorize 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. Additionally, if you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days or more.
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6. Transaction Limits. For security and regulatory reasons, we may limit the number, type, or dollar amount of transactions you may make to your Payroll Card Account or suspend the use of or terminate your Payroll Card Account and/or Payroll Card. See the transaction limits table below for information about limits on transactions.

g. ACH Transfers. When you seek to transfer money from your Payroll Card Account via a standard ACH transfer, you are authorizing us to facilitate such transfers. Upon your request, we will make the electronic transfer via the ACH system from your Available Balance in your Payroll Card Account to the account and in the amount you specify. You will be charged a service fee, if applicable, for all ACH transfers per the List of Fees.

If you request an ACH transfer, we require that you provide us with the following information: the bank account type (checking or savings), bank routing number, and bank account number. You warrant that all such information is correct. We will have no liability whatsoever if you fail to provide the correct information for the ACH transfer. You agree that this ACH transaction complies with all applicable laws. You understand this authorization will remain in full force and effect until the transaction is complete.‍

h. Instant Transfers. When you seek to transfer money from your Payroll Card via an instant transfer, you are authorizing us to facilitate such transfers. Upon your request, we will make the electronic transfer via Astra Finance from the Available Balance in your Payroll Card Account to the account and in the amount you specify. You will be charged a service fee, if applicable, for all instant transfers per the List of Fees.

If you request an instant transfer, we require that you provide us with the following information: the name of the debit card owner, the debit card number, the debit card PAN, the debit card CVC code, the debit card expiration date, and the physical address of the debit card on file at the issuing bank. You warrant that all such information is correct. We will have no liability whatsoever if you fail to provide the correct information for the instant transfer. You agree that this instant transfer complies with all applicable laws. You understand this authorization will remain in full force and effect until the transaction is complete.‍

i. Using Your Payroll Card to Get Cash. You may use your Payroll Card to: (i) obtain cash or check your Available Balance at any ATM that has the Visa® or Plus® brand mark, or (ii) obtain cash at (x) banks from bank tellers or (y) merchants that provide cash back at point-of-sale terminals bearing the above brand marks. The maximum amount of cash you can withdraw from an ATM daily is described above in Section 4(f) titled “Transaction Limits.” We may limit the amount of any individual ATM withdrawal, and merchants, banks, and ATM operators may impose additional withdrawal limits. See the attached List of Fees for information on the fees we assess for cash withdrawal and Balance inquiry transactions. You may also be charged a fee by the ATM operator or any network used (and you may be charged a fee for a Balance inquiry even if you do not conduct a withdrawal). Any third-party ATM fees will be deducted from your Payroll Card Account in addition to any fees stated in the accompanying List of Fees.‍

j. Other Debit Transactions. Debits to your Payroll Card and Payroll Card Account can be made using your Payroll Card number or your Payroll Card Account number and routing number, as applicable. When your Payroll Card Account number and routing number are used to complete the transaction, the purchase will be authorized if your Available Balance equals or exceeds the transaction amount, including any fees charged.‍

k. Transactions Outside the United States. You cannot use your Payroll Card Account or Payroll Card to conduct transactions outside the United States. This includes purchasing items from merchants outside the United States even if you are in the United States. 

5. Additional Information about your Payroll Card Account and Payroll Card

1. Card Replacement and Expiration. If you need to replace your Personalized Card for any reason, please submit a request for a replacement Personalized Card using the Ferry App or Ferry Website. You can receive one (1) free replacement Personalized Card per calendar year. We charge a fee for additional replacement Personalized Cards in the amount shown in the attached List of Fees. The fee will be deducted from the Available Balance associated with the new Payroll Card. It may take us up to thirty (30) days to process your request for a replacement Personalized Card. However, we will try to send you a replacement Personalized Card sooner if possible.
   
   We will send you a free replacement Personalized Card before your Personalized Card expires if your Payroll Card has not been closed or we have not delivered the unused funds on your Payroll Card to the state as unclaimed property.
   
   If you need a replacement Instant Issue Card or if you need to access your Payroll Card Account before your replacement Personalized Card arrives, request an Instant Issue Card from your Employer. There is no fee for an Instant Issue Card. Once you receive your replacement Personalized Card in the mail and activate it, the Instant Issue Card will be deactivated. See Section 3(d) titled “Non-Personalized Cards and Personalized Cards” for more information.
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2. Address or Name Changes. You are responsible for notifying us of any change in your name, physical address, phone number, mailing address, or email address. Requests for address or name changes may be subject to additional verification requirements. We will attempt to communicate with you only by use of the most recent contact information you have provided to us. Any notice or communication sent to you at an address noted in our records will be effective unless we have received an address change notice from you. We do not accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for any release of Payroll Card Account information to such individuals.
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3. Responsibility for Payroll Card Account and Payroll Card Use. You are responsible for all authorized transactions initiated and fees incurred by use of your Payroll Card or Payroll Card Account. If you permit another person to have access to your Payroll Card, Payroll Card number, or Payroll Card Account number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of your Payroll Card Account and each Payroll Card according to the terms and conditions of this Agreement.
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4. Fee Schedule. All fee amounts will be withdrawn from your Payroll Card Account and will be assessed as long as there is a remaining Balance on your Payroll Card Account, except where prohibited by law. Anytime your remaining Payroll Card Account Balance is less than the fee amount being assessed, the Balance of your Payroll Card Account will be applied to the fee amount resulting in a zero Balance on your Payroll Card Account.
   
   For a complete list of fees associated with the Ferry Payroll Card, see the List of Fees at the beginning of this document.
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5. ATM fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used and you may be charged a fee for a Balance inquiry even if you do not complete a fund transfer.
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6. Transactions in Excess of Balance. Each time you use your Payroll Card, the amount of the transaction will be debited from your Payroll Card Account Balance. You are not allowed to exceed your Available Balance, by any individual or series of purchases. Nevertheless, if, through unusual circumstances this occurs, you agree to be responsible for payment in full of any negative Balance and to forward such payment to us immediately. In accordance with applicable law or regulation, you grant us the right to automatically debit such negative Balance amounts from current or future fund loads to any of your Payroll Card Accounts (whether issued and activated at the time of such transaction or issued to and activated by you in the future).
   
   In addition to other rights under this Agreement, in the event of a negative Balance in the Payroll Card Account and in accordance with applicable law or regulation, you: (1) consent to disclosure by us to the Employer of the amount and circumstances of any such negative Balance; and (2) consent to disclosure by us to the Employer and to any other persons of the suspension or termination of your Payroll Card Account and of this Agreement.
   

6. Documentation 

1. Receipts. You should get a receipt when you transact using your Payroll Card. You agree to retain, verify, and reconcile your transactions and receipts.
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2. Account History and Balance. You are responsible for keeping track of your Available Balance. Merchants usually cannot check your Available Balance. It is important to know your Available Balance before initiating any transaction.
   
   You may obtain information about the amount of money you have remaining in your Account by calling +1 (424) 766-5077. This information, along with a 12-month history of account transactions, is also available online or by accessing your Ferry Account. If your account is registered with us, you also have the right to obtain at least 24 months of written history of account transactions by calling +1 (424) 766-5077, or by writing to us at support@useferry.com. You will not be charged a fee for this information unless you request it more than once per month.

7. Pre-authorized Transactions and Our Liability for Failing to Complete a Transaction

1. Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments with your Payroll Card Account or Payroll Card, you can stop any of these payments. Here's how:
   
   Call us at +1 (424) 766-5077, or write us at support@useferry.com, in time for us to receive your request three business days or more before the payment is scheduled to be made. If we do not receive your request at least three business days before the scheduled payment date, we may attempt, in our sole discretion, to stop the payment. However, we assume no responsibility for our failure or refusal to do so, even if we accept your stop-payment request.
   
   If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If we do not receive your written request within 14 days after you call, we may honor subsequent payments to your Payroll Card Account or Payroll Card, as applicable.
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2. Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay should tell you, 10 days before each payment, when it will be made and how much it will be. Note that the person you are paying may give you the option to receive 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.
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3. Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
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4. Our Liability for Failure to Complete Transactions
   ‍If we do not complete a transaction to or from your Payroll Card Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

1. If through no fault of ours, you do not have enough funds available in your Payroll Card Account to complete the transaction; 
2. If a merchant refuses to accept your Payroll Card;
3. If an ATM where you are making cash withdrawal does not have enough cash; 
4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; 
5. If access to your Payroll Card has been blocked after you reported your Payroll Card lost or stolen; 
6. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
7. If we have reason to believe the requested transaction is unauthorized;
8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
9. For any other exception stated in our Agreement with you or by applicable law.

8. Unauthorized Transactions

1. Contact us immediately if an unauthorized transfer occurs. If you believe your Payroll Card or PIN has been lost, stolen, or compromised, call us at +1 (424) 766-5077, write to us at support@useferry.com, or contact us through the Ferry App or Ferry Website.
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2. Your Liability for Unauthorized Transactions. Tell us at once if you believe your Payroll Card or PIN has been lost or stolen. Contacting us through the Ferry App or Ferry Website is the best way of keeping your possible losses down.  If you tell us within two (2) business days after you learn of the loss or theft of your Payroll Card or PIN, you can lose no more than $50.00 if someone used your Payroll Card or PIN without your permission.
   
   If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Payroll Card or PIN, and we can prove that we could have stopped someone from using your Payroll Card or PIN without your permission if you had promptly notified us, you could lose as much as $500.00.
   
   Also, if you become aware of and/or your transaction history shows transactions that you did not make, notify us at once following the procedures stated in Section 9 titled  “Your Right to Dispute Errors.” If you do not notify us in writing within 120 days after the transaction was credited or debited to your account, you may not get back any value you lost after the 120 days if we can prove that we could have stopped someone from taking the value if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
   
   If your Payroll Card has been lost or stolen, we will close your compromised Payroll Card to keep losses at a minimum. Upon your request, we will issue you a replacement Payroll Card.
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3. Additional protections that may be available for your Payroll Card. Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Payroll Card Account is $0.00 if you notify us within two (2) business days and you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or to ATM cash withdrawals. 

9. Disputing Errors and Provisional Credit Reversals‍

1. Your Right to Dispute Errors. In case of errors or questions about your Payroll Card Account or Payroll Card, send us a message using the Ferry App, Ferry Website, or email us at support@useferry.com if you think an error has occurred in your Payroll Card Account or Payroll Card. We must allow you to report an error until 120 days after the transaction was credited or debited to your Payroll Card Account. 
   
   You may request a written history of your transactions at any time by sending us a message using the Ferry App or Ferry Website or emailing us at support@useferry.com. 
   
   You will need to tell us: 
   1. Your name and the email address associated with your account
   2. Why you believe there is an error and the dollar amount involved 
   3. Approximately when the error took place
   
   If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.
   
   We, or our 3rd party dispute investigation partner, will investigate your dispute and will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Payroll Card Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Payroll Card Account. 
   
   For errors involving new Payroll Card Accounts, point-of-sale transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Payroll Card Accounts, we may take up to 20 business days to credit your Payroll Card Account for the amount you think is in error.
   
   We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation via email. 
   
   Copies of the documents used in the investigation may be obtained by contacting us using the Ferry App or Ferry Website. If you need more information about our error-resolution procedures, send us a message using the Ferry App or visit https://www.support.useferry.com. 
2. Reversing a Provisional Credit. If we need to reverse a provisional credit that we provide to you as described in Section 9(a), you authorize us to debit your Payroll Card Account for the amount of the provisional credit, even if doing so will bring your Payroll Card Account negative. You will not be able to use your Payroll Card Account again until your Employer loads your Payroll Card Account with your wages and your Payroll Card Account has a positive balance. You acknowledge that if your Payroll Card Account is negative because we reverse a provisional credit we provided you under Section 9(a), this may result in you not being able to access the full amount of your net wages in a payroll period.
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10. Additional Terms

1. Refunds and Returns. If you are entitled to a refund for anything bought with your Payroll Card, you agree to accept credits to your Payroll Card for those refunds. You also agree to follow the refund policy of that merchant. Exchanging or returning merchandise bought with your Payroll Card follows the procedures and policies of each merchant and applicable law. When exchanging or returning something, you should show both the merchandise receipt and the Payroll Card. If you receive a credit, the credit may not be added to your Available Balance on the Payroll Card for seven (7) business days. The Bank, Visa U.S.A. Inc., Ferry Pay Inc., or their respective affiliates, employees, or agents, including, but not limited to, Highnote, Inc. and its affiliates, employees, and agents are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services bought with your Payroll Card. They are also not responsible for any damages resulting directly or indirectly from using the Payroll Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.
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2. Consent to Communications and Call Monitoring
   
   i. Cell phone requirement. To register your Payroll Card Account, we require you to provide us with your cell phone number and we then attach that number to your Payroll Card Account. You must always have a cell phone number attached to your Payroll Card Account.
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   ii. Consent to Communications. You consent to us, as well as any other owner of your Payroll Card Account, contacting you through any communication channel, for any purpose and at any time, as permitted by applicable law. This includes contacting you by phone, text message, email, mobile application push notifications, and other electronic notification methods enabled by the software or devices you use to access your Payroll Card Account or Payroll Card. We may communicate with you using any telephone number(s) (including wireless, landline, and voice over IP numbers, or any numbers that convert to a wireless number) or email address(es) that you give or have given to us, or that your Employer has given to us on your behalf. We may use an automatic telephone dialing system, an automated dialer, or artificial voice and/or prerecorded messages when we contact you. We may contact you on a mobile, wireless, or similar device, even if your carrier charges you for it. Your carrier’s message and data rates may vary. We are not liable for delayed or undelivered messages.
   
   You agree that you will immediately notify us if you change your telephone number(s) or are no longer the subscriber or usual user of a telephone number you gave us. So long as your Payroll Card Account is active and/or you continue to use your Payroll Card, you agree you cannot opt out of receiving communication regarding your Payroll Card Account other than for marketing purposes.
   
   You must promptly notify us of any change to your name, mailing address, email address, or phone number by contacting us. We may rely on your phone number, email address, or mail address as it appears on our records for any Payroll Card Account or Payroll Card communications we send you until you notify us of any changes.
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   iii. Call Monitoring: You consent to us monitoring and recording any calls between you and us. This is for quality control purposes.
   
   iv. Notices. We send any notices by email to the address you gave us or by text message to the phone number you gave us. We may also deliver notices to your mailing address. We consider a notice sent as soon as we mail it. We consider an electronic notice sent as soon as we send it.
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3. No Warranty of Availability or Uninterrupted Use. From time to time the Payroll Card Account, Payroll Card services, or both may be inoperative. When this happens, you may be unable to use your Payroll Card Account or Payroll Card or obtain information from your Payroll Card Account, including your Available Balance. Please notify us as described in Section 3(i) titled “Customer Services” or at the customer service number on the back of your Payroll Card if you have any problems using your Payroll Card. You agree that the Bank, Visa U.S.A. Inc., Program Manager, and their respective affiliates, employees, or agents, including, but not limited to, Highnote Inc., and its affiliates, employees, and agents, are not responsible for any service interruption.
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4. Amendment and Cancellation/Closure. We may add, alter, suspend or terminate any feature or service related to your Payroll Card  Account, Payroll Card, or both at any time, including but limited to closing your Payroll Card Account or canceling any Payroll Card. We may at any time cancel or change any term in this Agreement or the List of Fees, including the amount of any fee or charge. If required by applicable law, we will notify you of any change at least twenty-one (21) days (or such other period required by applicable law) before the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. You agree to any changes we make by continuing to use the Payroll Card, the Program or maintaining funds in your Payroll Card Account.
   
   We may cancel or suspend this Agreement at any time. The Payroll Card remains the property of the Bank. Your right to use the Payroll Card and the Payroll Card Account may be canceled/closed or suspended at any time at our discretion and for any reason. Once you become aware that your Payroll Card Account has been canceled/closed, you agree to discontinue using the Payroll Card.
   
   If you choose to cancel/close your Payroll Card Account, you agree to use the Payroll Card to reduce the Balance to zero or to transfer your Balance via ACH or instant transfer. See Sections 4(g) titled “ACH Transfers,” 4(h) titled “Instant Transfers,” and 4(i) titled “Using Your Payroll Card to Get Cash” for more information on how to transfer funds from your Payroll Card Account or get cash.
   
   You further understand that you are responsible for any negative Balance that occurs after your notice of cancellation to the same extent as provided in this Agreement for an open Payroll Card Account. You agree to destroy the Payroll Card after cancellation/closure and your Balance has been reduced to zero.
   
   If we cancel/close your Payroll Card Account we may, at our option, either: 
   
   1. apply the remaining Balance to a new Payroll Card Account to your benefit; 
   2. send a check at no charge to you for the remaining Balance; or 
   3. hold the remaining Balance in an account (without any obligation to pay interest on the account) until you instruct us on how to disburse the remaining Balance.
   
   In closing your Payroll Card Account, we will comply with all state unclaimed property laws and escheat any funds as required by state law.
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5. Disclosure of Card Information to Third Parties. You will receive a copy of our policy and practices with respect to your personal information (“Privacy Policy”) when you open your Payroll Card Account and you will receive or will be notified in accordance with applicable law where you may obtain such a copy at least once each year thereafter.
   
   You may review our Privacy Policy at https://www.cfsb.com/privacy. Our Privacy Policy describes how we collect, protect and use your confidential financial and other information and the circumstances in which we share your information with affiliates and with unaffiliated third parties, including service providers and our Program Manager.
   
   In addition, we may disclose information to third parties (including the Employer) about you, your Payroll Card Account, Payroll Card, fund loads, or the transfers to or from your Payroll Card Account:
   
   1. Where it is necessary for completing transfers to or from your Payroll Card Account; or
   2. In order to verify the existence and condition of your Payroll Card Account for a third party; or
   3. In connection with disputes; or
   4. In connection with verifying transactions and fund loads; or
   5. In connection with inquiries or investigations of possible or actual fraudulent activities related to the Payroll Card Account, Payroll Card, or both, or
   6. use of the Payroll Card; or
   7. In order to comply with government agency, court orders or other legal process; or
   8. As may be required by the card networks; or
   9. If you give us your written permission.
   
   You also authorize us to disclose to and share information about you with others unless prohibited by law.
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6. Inquiries. We may make, and you consent to us making, any inquiries that we consider appropriate to help determine whether we should open, maintain, or close your Payroll Card Account. This may include verification of identity and employment and credit reports or other reports from account information services and credit reporting agencies; provided, you will not be subject to a credit report to open your Payroll Card Account.
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7. Visa Prepaid Clearinghouse Service. Visa Prepaid Clearinghouse Service (PCS) is a centralized, national repository of prepaid information that helps issuers manage fraud on their prepaid portfolios. It collects data across the U.S. prepaid industry from both Visa and non-Visa issuers including, but not limited to, enrollment information (including your name, date of birth, address, phone number, government identification, email address and card account number), fraud, load/reload activity and unauthorized payment transaction activity. PCS provides issuers with information they can use as part of their “Know Your Customer (KYC)” activities to help validate new enrollments as well as for fraud purposes. Reporting into PCS is mandatory and all Visa issuers are required to report prepaid information to Visa.
   
   You may contact the Visa PCS Customer Service Department to ask about the information contained within PCS about you, to dispute certain information included in a customer service report about you and to place a fraud alert within PCS in certain circumstances (for instance, if you provide evidence you were a victim of fraud). Visa’s Customer Service Department may be contacted at:
   
   Visa Prepaid Clearinghouse Service Customer Service Department
   5005 Rockside Road, Suite 600-27
   Independence, OH 44131
   
   Phone: (844) 263-2111
   Fax: (844) 432-3609
   
   PCS Customer Service Department’s business hours are Monday – Friday, 9:00 AM – 5:00 PM Eastern Time.
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8. Governing Law. This Agreement will be governed by the law of the State of New York except to the extent governed by federal law.
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9. English Language Controls. Any translation of this Agreement that we provide is solely for your convenience. The meanings of terms, conditions, and representations are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.‍
10. Section Headings. Section headings in this Agreement are for convenience only and do not govern the interpretation of any provision of this Agreement.‍
11. Entire Understanding. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.

11. Arbitration 

1. ‍How to Reject Arbitration. You can reject this Arbitration Agreement by providing us a written rejection to Ferry Pay Inc. 169 Madison Ave #2387, New York, NY 10016. You must send us this written rejection within forty-five (45) days of opening your Payroll Card Account. The written rejection must clearly state that you are rejecting the Arbitration Agreement and it should include your name, physical address, and email address associated with your Payroll Card Account, and your Payroll Card Account number. This is the sole method for rejecting the Arbitration Agreement. If your written rejection meets these requirements, the Arbitration Agreement will not apply to you except for any Claims pending when you send your written rejection.
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2. Arbitration of Claims. Arbitration is often used to resolve Claims more efficiently than a trial, particularly where the amount of the Claims is small. This section constitutes your agreement to arbitrate (“Arbitration Agreement”) all claims, disputes, or controversies, including initial claims, counter-claims, cross-claims, and third-party claims, arising under or in connection with (i) this Agreement (including the validity, enforceability, interpretation, scope, or application of this Agreement or the Arbitration Agreement along with any renewals, extensions, addendums, or modifications), your Payroll Card Account or Payroll Card, or your relationship with us; (ii) the amount of funds available in your Payroll Card Account; (iii) the management of your Account by our Program Manager or other third-party service providers; (iv) the marketing, promotion, or other statements related to your Payroll Card Account, Payroll Card, or this Agreement; (v) your enrollment for, or the approval or establishment of your Payroll Card Account or Payroll Card; (vi) the benefits and services related to the Payroll Card Account or Payroll Card; and (vii) any other agreement related to your Account or related service (collectively, a “Claims”). Except as stated below, all Claims are subject to arbitration, no matter what legal theory they are based on (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity) or what remedies they seek (damages or injunctive or declaratory relief). Arbitration applies to any and all such Claims, whether pre-existing, currently existing, or those that arise in the future. This includes Claims made by us against you, by you or anyone connected to you against us, our Program Manager, or any of our subsidiaries, affiliates, agents, employees, predecessors, successors, or assignees (collectively, for purposes of this Arbitration Agreement, “we,” “us,” or “our”).
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3. Trial Waiver and Class Action and Class Arbitration Waiver. YOU ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATIONS WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM AGAINST US RELATED TO THIS AGREEMENT.
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4. Procedure. All Claims will be decided finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the AAA rules and procedures, including Consumer Arbitration Rules (collectively, the “AAA Rules”), which may limit the discovery available to you or to us. You can obtain copies of the AAA Rules and forms by contacting AAA at 1-800-778-7879 or www.adr.org. The party who wants to arbitrate must notify the other party in writing. We will send notice to your last address on file. You must send notice to Ferry Pay Inc 169 Madison Ave #2387, New York, NY 10016. A single arbitrator will resolve the Claims. The arbitrator must be a member of the state bar where the arbitration is held and with expertise in the substantive laws applicable to the Claim. Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances, or via videoconference if permitted by law. If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. No matter how the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations and will honor claims of privilege recognized at law. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
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5. ‍Arbitration Costs. We will pay the initial filing fee to commence arbitration. All other arbitration fees will be allocated in accordance with the applicable AAA Rules. If we prevail, we will not recover our arbitration fees unless the arbitrator decides your Claim was frivolous. Each party is responsible for its own attorney’s fees, expert fees, and any other expenses, unless the arbitrator awards such fees or expenses to the other party based on applicable law.
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6. Arbitration Award and Appeal. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction, unless a party exercises any right of appeal provided by the FAA. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only for the individual party seeking relief and only as needed to provide relief warranted by the individual party’s Claims. The arbitrator’s decision and judgment criteria will not have a precedential or collateral estoppel effect on Claims asserted by any individual or entity who was not party to the arbitration.
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7. Severability. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). If a court or arbitrator decides that this Arbitration Agreement cannot be enforced as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the arbitration and may be brought in court.
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8. Exceptions. Individual Claims filed in small claims court are not subject to this Arbitration Agreement if the Claim remains in small claims court. Further, while the arbitrator alone will have the authority to interpret the scope and enforceability of this Arbitration Agreement, any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative Claims, or Claims in arbitration for public injunctive relief, will be resolved by the state and federal courts in New York in accordance with New York law.
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9. ‍Survival. The Arbitration Agreement will survive repayment of all amounts owed to us; the closing, termination, canceling, or suspension of your Payroll Card Account or Payroll Card; the sale of your Payroll Card Account or amounts owed on your Payroll Card Account to another person or entity; and any bankruptcy by you to the extent allowed by applicable bankruptcy law.