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VARO BANK ACCOUNT AGREEMENT

EFFECTIVE April 17, 2017

PLEASE READ THIS DOCUMENT CAREFULLY

 

I. BANK ACCOUNT AGREEMENT AND DISCLOSURES

Please read this carefully and retain it for future reference. This Bank Account Agreement (the “Agreement”) is revised periodically, so it may include changes from earlier versions.

By providing a written or electronic signature on a signature card or opening, or continuing to hold an account with us, you agree to the most recent version of this Agreement, which is available to you www.varomoney.com, or by calling us at the number listed on the last page of this Agreement.

This Agreement outlines the terms and conditions related to the demand deposit account (“Varo Bank Account”) available from The Bancorp Bank, Wilmington, Delaware, member of the Federal Deposit Insurance Corporation (“FDIC”), (the “Bank” or “Issuer”) on behalf of Varo Money, Inc. (“Varo”), the program partner responsible for managing the Varo Bank Account.  “We”, “our”, and “us” refer to the Bank, our successors, affiliates, or assignees.  “You” and “your” refer to the owner of the Varo Bank Account.

CELLULAR PHONE CONTACT POLICY

By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us, Varo, our affiliates, Varo’s affiliates, our agents, and Varo’s agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider.

A. Our Agreement

      1. 1. You may open a Varo Bank Account by using the Varo Mobile Application (the “Mobile App”).  The Varo Bank Account is not designed for business use, and we may close the Varo Bank Account if we determine it is being used for business purposes.  We may refuse to process any transaction(s) that we believe may violate the terms of this Agreement.
      2. 2. Waivers.  This Agreement gives us certain rights and obligations. If we do not take advantage of all our rights all the time, that does not mean we lose them. For example, if we make funds available to you for withdrawal ahead of schedule, that does not mean we have to do it again.
      3. 3. Business Days.  Our business days are Monday through Friday, excluding federal holidays, even if we are open.  Any references to “days” founds in this Agreement are calendar days unless indicated otherwise.

B. Account Basics

1. Varo Bank Account Eligibility

The Varo Bank Account is available to citizens and permanent residents of the fifty (50) United States (“U.S.”) and the District of Columbia who are at least 18 years of age with a valid Social Security number.  You must agree to accept electronic, rather than paper statements.  This means: (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements).

We may use information from third parties to help us determine if we should open your Varo Bank Account.

2. Opening a Varo Bank Account

Important information about procedures for opening a new Varo Bank 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 opens a Varo Bank Account.

What this means for you: When you open a Varo Bank Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you.  We may also ask to see a copy of your driver’s license or other identifying documents. The verification process may take up to 30 days. Until the process is successfully completed, this account will be subject to temporary security limits. See below for details about these monetary limits on transfers and deposits.

3. The Varo Bank Account

The Varo Bank Account consists of the online transaction demand deposit account used to make payments and transfers to third parties online or through the use of a Varo Debit Card (“Card”) that is automatically issued with the Account. The Varo Bank Account is a checkless account; you may not issue paper checks with the Varo Bank Account.

4. Account Titling and Ownership

The Varo Bank Account may only be owned and titled in the name of one person who may deposit, transfer, or withdraw funds.  The Varo Bank Account cannot be owned or titled jointly, by an organization, as “Payable on Death” or “In Trust For”.

5. Death or Incapacitation

You or your appointed party, designee, or appointed individual agree to notify us promptly if you die or become legally incapacitated.  We will continue to accept deposits and process transaction instructions into and from your Varo Bank Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act.  You agree that, even if we have knowledge of your death we may pay or process transactions on your Varo Bank Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Varo Bank Account.  We may require additional documentation to confirm any claims made on the Varo Bank Account.   

6. Power of Attorney

You may give another person authority to make transactions on your Varo Bank Account by giving power of attorney to another individual.  The account owner and person executing power of attorney over a deposit account is known as the “Principal.” The person granted Power of Attorney for the Principal is known as the “Agent.” We may refuse to accept a power of attorney for reasonable cause, and we may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of the Agent’s knowledge, the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Principal is responsible to provide us with any information if an affidavit presented to us is untrue or misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney. The Agent is required to notify us in writing if the Principal dies or is declared incompetent. The power of attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal’s death, or c) we receive written notification of the death or incapacity of the Agent.

7. Our Relationship With You

This Agreement and the deposit relationship do not create a fiduciary relationship.

8. Privacy Policy

Our privacy policy is available at www.varomoney.com and is considered part of this Agreement.

C. General Rules Governing Deposit Accounts

The Account and your obligations under this Agreement may not be assigned.  We may transfer our rights under this Agreement.  Use of the Varo Bank Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions.  We do not waive our rights by delaying or failing to exercise them at any time.  If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.  This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

1. Deposits to the Varo Bank Account

Make deposits to your Varo Bank Account using any of the methods set forth below.  These are the itemized deposit limits for your Varo Bank Account, which limits may be modified from time to time depending on prior activity both on this account and on other transactions and also whether or not you have activated the Card:

Transaction Type

Frequency and/or Dollar Limits

Direct deposits of ACH transfers initiated from an outside financial institution

No limit to the number of times per day and no maximum dollar limit

ACH transfers to the Varo Bank Account using the Mobile App

No limits to the number of times per day and up to $2,000 every 30 days

IMPORTANT: If your Varo Bank Account number changes you must immediately notify your employer or any other payors.  You must provide them with the new Varo Bank Account number to ensure that your direct deposit activity continues uninterrupted.

Note: The recipient’s name on any direct deposit(s) we receive must match the name of the Account holder.  Any direct deposits received in a name other than the name registered to the Varo Bank Account will be returned to the originator

2. No Cash, Paper Checks or Foreign Currency

We are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us.

Cash– We do not accept deposits made in cash.  If you mail a cash deposit, the cash will be sent back to the address we have for you on file.

Paper Checks– Personal checks, cashier’s checks, and money orders may not be deposited by mail.   All checks and money orders sent to us for deposit will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be deposited to the Account at our discretion.

Foreign Currency– We do not accept deposits in foreign currency.  Any deposits received in foreign currency, cash or check, will be sent back to the address we have for you on file.

3. Funds Availability

Please refer to Section IV labeled, “Funds Availability Policy” for additional information.

4. ACH Debits

Your Varo Bank Account number and bank routing number can be used for preauthorized direct debits (“ACH Debits”) from merchants, Internet service or other utility service providers (“Merchants”) and for the purpose of initiating direct deposits to your Varo Bank Account.  These transfers will be processed under the Operating Rules of the National Automated Clearing House Association (“NACHA”) and you agree to comply with the NACHA rules.  Detailed information regarding preauthorized transfers is available in Section II, labeled “Electronic Funds Transfer Disclosure and Special Terms and Conditions.

IMPORTANT: If your Varo Bank Account number changes you must immediately notify Merchants.  You must provide them with the new Varo Bank Account number to ensure that the ACH Debit activity continues uninterrupted.

5. Problems That Could Occur with Deposits

Overpayments and Reversals. If funds are deposited or transferred into your Varo Bank Account by mistake or otherwise, we may correct the situation by deducting the amount of the deposit from your Varo Bank Account without prior notice to you.  If there are not enough funds in your Varo Bank Account at that time, your Varo Bank Account could become overdrawn. See the “No Overdrafts” and “Right to Set Off” sections below for more information about what could occur if your Varo Bank Account has a negative balance.

6. No Overdrafts

You are not permitted to overdraw your Varo Bank Account.  If the available balance in your Varo Bank Account is not sufficient to cover any payment or withdrawal you have authorized, we can refuse to process the payment or withdrawal.  If your Varo Bank Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance.   

7. Legal Processes Affecting Accounts

If legal action such as a garnishment, levy or other state or federal legal process (“Legal Process”) is brought against your Varo Bank Account, we may refuse to permit (or may limit) withdrawals or transfers from your Varo Bank Account until the Legal Process is satisfied or dismissed.  Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in your Varo Bank Account.  We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds to pay a transaction that you have authorized.  Payment is made after satisfying any fees, charges or other debts owed to us.  You agree that you are responsible for any expenses, including legal expenses and fees we incur due to any Legal Process on your Varo Bank Account.  We may charge these expenses to your Varo Bank Account.  You will indemnify us for any losses if we do this.

8. Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on www.varomoney.com, and any such amendment shall be effective upon such posting to that Website.  The current Agreement is available at www.varomoney.com.  You will be notified of any change in the manner provided by applicable law prior to the effective date of the change.  However, if the change is made for security purposes, we can implement such change without prior notice.  We may cancel or suspend your Varo Bank Account or this Agreement at any time.  You may cancel this Agreement by calling 1-800-VARO-526 to close your Varo Bank Account.  Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

If your Varo Bank Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you via check sent to the mailing address we have in our records.  For security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund check.  Allow fourteen (14) days for processing and mailing of the refund check.  In the event the program is cancelled, closed, or terminated, we will send you prior notice, in accordance with applicable law.  Specific information and instructions, including how to receive any remaining Varo Bank Account balance, will be in the notice.  We reserve the right to refuse to return any unused balance amount of less than $1.00.

9. Account Dormancy and Escheatment

An account that is inactive for a period of time may be considered dormant and is subject to escheatment.  Each state has varying laws as to when an account is subject to escheatment and we may be required to send the balance in your Varo Bank Account to the state of your last known address.  We will make all reasonable efforts to contact you before transferring the remaining balance of your Varo Bank Account to the applicable state.  For a Varo Bank Account with an international address, the funds will be transferred to the State of Delaware.

10. Statements

Electronic statements are available to view in the Mobile App.  Varo Bank Account statements are considered to be correct.  Carefully review your statements each statement period and notify us of any errors within sixty (60) days of your statement becoming available.  You also have a right to obtain a sixty (60) day history of your Varo Bank Account transactions by calling us at 1-800-VARO-526, sending us an email at help@varomoney.com, or by writing to us at P.O. Box 71337, Salt Lake City, UT 84171.  You will not automatically receive paper statements.

D. Using The Varo Debit Card

You will receive a Card with your Varo Bank Account.  You acknowledge and agree that the funds accessible through use of the Card is limited to the available funds of your Varo Bank Account.  You agree to sign the back of the Card immediately upon receipt.  The expiration date of the Card is identified on the front of the Card.  The Card is the property of the Issuer and must be surrendered upon demand.  The Card is nontransferable and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law.

1. Activating The Card

You must activate the Card before it can be used.  You may activate it by calling 1-800-VARO-526.  You will need to provide personal information in order for us to verify your identity.

2. Personal Identification Number

You will not receive a Personal Identification Number (“PIN”) with your Card.  However, you will be prompted to select a PIN when you activate it.  See the activation instructions in the “Activate The Card” section.  You should not write or keep your PIN with your Card.  Never share your PIN with anyone.  When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious.  If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the section labeled “Your Liability for Unauthorized Transfers.”

3. Authorized Card or Varo Bank Account Users

You are responsible for all authorized transactions initiated and fees incurred by use of the Card or Varo Bank Account.  If you permit another person to have access to your Card, Card number(s), Varo Bank Account number(s) or PIN, 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 Varo Bank Account according to the terms and conditions of this Agreement.

4. Secondary Cardholder

You may not request an additional Card for another person.

5. Your Representations and Warranties

By activating the Card or by retaining, using or authorizing the use of the Card provided with the Varo Bank Account, you represent and warrant to us that:  (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the fifty (50) states of the United States (“U.S.”) or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Varo Bank Account is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.

6. Cash Access and Transaction Limitations

With your PIN, you may use the Card to obtain cash from your Varo Bank Account at any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant that bears the Allpoint®, Maestro® and Plus® Acceptance Mark(s).  All ATM transactions are treated as cash withdrawal transactions.  These are the itemized cash access and spending limits for your Varo Bank Account, which limits may be modified from time to time depending on prior activity both on this account and on other transactions and also whether or not you have activated the Card:

Transaction Type

Frequency and/or Dollar Limits*

ATM Withdrawal

No limit to the number of times per day

Up to $300 per day, maximum of up to $3,000 every 30 days*

Cash Back at POS

No limit to the number of times per day

Up to $300 per day*

Over The Counter “OTC” Withdrawals

No limit to the number of times per day

Up to $500 every 30 days*

Card Purchases (Signature and PIN combined)

No limit to the number of times per day

Up to $2,500 per day, maximum of up to $10,000 every 30 days*

*ATM owner-operators, merchants and participating banks may impose their own fees and lower limits on cash withdrawals.

Consistent with applicable law, you may use the Card to purchase goods or services everywhere (and/or obtain cash where permitted by the merchant) from any merchant who accepts Visa® cards as long as you do not exceed the available balance of your Varo Bank Account.

Some merchants do not allow customers to conduct split transactions where the Card is used as partial payment for goods and services and the remainder of the balance is paid with another form of legal tender.  If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available in the Varo Bank Account to the Card.  You must then arrange to pay the difference using another payment method.  Some merchants may require payment for the remaining balance in cash.  If you fail to inform the merchant that you would like to complete a split transaction prior to swiping the Card, the Card is likely to be declined.

If you use the Card at an automated fuel dispenser (“pay at the pump”), the transaction may be preauthorized for an amount up to $75.00 or more.  If the Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier.  If you use the Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred.  A preauthorization will place a “hold” on those available funds until the merchant sends us the final payment amount of your purchase.  Once the final payment amount is received, the preauthorized 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 preauthorized amount.

All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

If you use the 16-digit Card number without presenting the Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself.  For security reasons, we may limit the amount or number of transactions you can make with the Card.  The Card cannot be redeemed for cash.  You may not use the Card for online gambling or any illegal transaction.

Each time you use the Card, you authorize us to reduce the value available in the Varo Bank Account by the amount of the transaction and any applicable fees.  You are not allowed to exceed the available amount in the Varo Bank Account through an individual transaction or a series of transactions.  Nevertheless, if a transaction exceeds the balance of the funds available in the Varo Bank Account, you shall remain fully liable to us for the amount of the transaction and any applicable fees. See these provisions in Section C for additional details if your Varo Bank Account balance becomes negative: “6. No Overdrafts”.

You do not have the right to stop payment on any purchase or payment transaction originated by use of the Card.  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 sixty (60) days.

7. Non-Visa Debit Transactions

New procedures are in effect that may impact you when you use the Card at certain merchant locations.  In the past, transactions have been processed as a Visa debit transactions unless you entered a PIN.  Now, if you do not enter a PIN, transactions may be processed as either Maestro® or Interlink® transaction.

Merchants are responsible for and must provide you with a clear way of choosing how to make a Visa debit transaction if they support the option.  Please be advised that should you choose to use the Maestro® or Interlink® network when making a transaction without a PIN, different terms may apply.  Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the Maestro® or Interlink® network.  Please refer to the section labeled “Your Liability for Unauthorized Transfers” for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions.

To initiate a Visa debit transaction at a point-of-sale, swipe the Card through the POS terminal, sign the receipt, or provide your 16-digit Card number for a mail order, telephone, or Internet purchase.  To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your 16-digit Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.

8. Transactions Made In Foreign Currencies

If you obtain funds or make a purchase in a currency other than the currency in which the Card was issued, the amount deducted from the available balance of your Varo Bank Account will be converted by Visa into an amount in the currency of the Card.  The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date.

9. Receipts

You should get a receipt at the time you make a transaction using the Card.  You agree to retain, verify, and reconcile your transactions and receipts.

10. Card Replacement

If you need to replace the Card for any reason except at Card expiration, please contact 1-800-VARO-526 to request a replacement Card.  You will be required to provide personal information which may include your Varo Bank Account number, 16-digit Card number, full name, transaction history, copies of acceptable documentation.

11. Card Expiration

The Card will expire no sooner than the date printed on the front of it.  You will not be able to use the Card after the expiration date; however, a replacement Card will automatically be mailed to you prior to the expiration of the soon-to-expire Card.  If you need a Card replacement for any reason other than the Card’s expiration, you may request one at any time by following the procedures in the section labeled “Card Replacement.”

E. Electronic Banking Services

1. Bill Pay

With your Varo Bank Account, you will have access to the bill payment feature (“Bill Pay”) through the Mobile App which allows you to authorize us to make bill payments on your behalf to third parties.

To initiate a bill payment using Bill Pay, you must provide the name and mailing address of each individual or company you wish to pay.  Once a payment is authorized, the payment amount will be immediately deducted from your Varo Bank Account balance.  Payments made using Bill Pay take the form of a paper check sent to the payee on your behalf using standard U.S. Postal Service mail.  Please allow three to nine (3-9) business days for delivery of the check.  Payments can only be sent to addresses located within the fifty (50) states of the U.S.  Bill Pay payments are processed daily by 8 AM MST.  Bill Pay payments initiated after this time will be processed by 8 AM MST the next business day.  Varo reserves the right to refuse to process payments to any individual or company.  If the decision is made to refuse a payment, Varo will notify you on or before the next business day.   

Limits:  These are the limits when using Bill Pay which limits may be modified from time to time depending on prior activity both on this account and on other transactions and also whether or not you have activated the card:

Transaction Type

Frequency and/or Dollar Limits*

Bill Pay Payment(s)

No limit to the number of payments per day

Up to $3,000 per payment, maximum of up to $5,000 per calendar month

Bill Pay payments may be refused or returned by the individual or company to whom the payment was issued.  The determination to accept this method of payment is at the discretion of the recipient.  The U.S. Postal Service may also return payments in cases of expired or invalid addresses.  If the Bill Pay payment is returned for any reason, the payment will be voided and the full amount credited to your Varo Bank Account the next business day.

Uncashed Bill Pay Payments: Uncashed Bill Pay payments are voided after 180 days.  Funds from voided checks will be credited to your Varo Bank Account by 8 AM MST on the next available business day.    

There is no fee to use Bill Pay.

Cancelling a Bill Pay payment: You may cancel a single Bill Pay payment as long as it has not been presented for payment by calling 1-800-VARO-526.   Funds from any cancelled check will be credited to your Varo Bank Account by 8 AM MST on the next available business day.

Liability for failure to stop payment of a Bill Pay payment:  If you request cancellation of a Bill Pay payment within three (3) three business days or more before it is scheduled to be made, and Varo does not cancel it in time, Varo will be liable for your losses or damages.

II. ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS

Your Varo Bank Account number and bank routing number can be used for preauthorized direct debits (“ACH Debit(s)”) from Merchants, including Internet service or other utility service providers, and for the purpose of initiating direct deposits (“ACH Credits”) to your Varo Bank Account.

Note: The recipient’s name on any direct deposit(s) or ACH Credit(s) we receive must match the name on the Varo Bank Account.  Any direct deposits received in a name other than the name registered to the Varo Bank Account will be returned to the originator.

Limits on ACH Debit Transactions

Cut-off Time.  The cut-off time for scheduling ACH transfers is midnight MST.  Any transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day.

ACH Debit Limits.  The limitations to the amount of funds that can be transferred from your Varo Bank Account per day are as follows:

Transaction Type

Frequency and/or Dollar Limits

ACH Debits

No limits to the number of times per day

Limited to the available Varo Bank Account balance

ACH transfers to the Varo Bank Account using the Mobile App

No limits to the number of times per day and a maximum dollar limit of up to $2,000 every 30 days

Electronic Funds Transfer Services

The following terms are used to describe Electronic Funds Transfer (“EFT”) services.  “Automated credits”, “direct deposits” or ACH Credits are deposits made to your Varo Bank Account by electronic means.  “Automated debits”, “automated payments” and ACH Debits indicate payments authorized by you to be made from your Varo Bank Account by electronic means.

When you accept direct deposits or authorize automatic payments/ACH debits or transfers to or from your Varo Bank Account, you agree to these terms and conditions.

Other relevant terms and conditions described elsewhere in the Agreement also apply as long as they are consistent with Regulation E or Section II.

1. Types of Electronic Funds Transfers Available

a. You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your Varo Bank Account.

b. You may authorize another party, such as a merchant, to make a one-time or recurring payment(s) using the Varo Bank Account and bank routing numbers, directly from your Varo Bank Account subject to the established limitations on withdrawals and transfers.

c. You may use the Card to make purchases at merchants that accept the Card or to obtain cash at ATMs and, subject to availability, cash back at POS terminals.

2. Limitations on Transfers, Amounts and Frequency of Transactions

a. You may make cash withdrawals and POS purchases, not to exceed the established limits for your Varo Bank Account.  See the sections labeled “Cash Access and Transaction Limitations” for details about the limits.

b. If your Varo Bank Account is closed, blocked or suspended for any reason, you will not be able to transact using your Card (including at an ATM).

3. Right to Receive Documentation of Electronic Funds Transfers

a. Statements.  You will have access to an electronic monthly statement that can be viewed on the Mobile App.

b. Direct Deposits, Automated Credits or ACH Credits.  If you have arranged to have direct deposits made to your Varo Bank Account, view the transaction on the Mobile App to find out when the deposit has been made.

4. Right to Stop Payment of Preauthorized Transfers and Procedures for Doing So

If you scheduled a one-time ACH transfer directly with a merchant over the phone or recurring ACH transfers using a written authorization form, you can stop any of these payments.  Here’s how:

To stop a recurring ACH transfer to a merchant you preauthorized to debit your Varo Bank Account, please contact the merchant to request cancellation of the recurring payment.

If the merchant with whom you arranged recurring ACH transfers from your Varo Bank Account is unable or unwilling to stop the transfer, write to Cardholder Services, P.O. Box 5017, Sioux Falls, SD 57117-5017 or email RegEclaims@thebancorp.com  to request a stop on such payment.  Your request to stop payment must be received at least three (3) business days before the payment is scheduled to be made.  Such a stop payment request will cancel a single, i.e. one (1) recurring payment.  If you want to permanently stop all recurring payments to a specific merchant you will be required to put your request in writing and send it to Cardholder Services, P.O. Box 5017, Sioux Falls, SD 57117-5017 within fourteen (14) days after your notification to stop such payments.  You will need to tell us; the name of the payee, the dollar amount of the payment and the date of the payment.  If written stop payment notification is not received within fourteen (14) days, the payment in question will be honored as originally authorized and future payments will not be permanently stopped.

5. Notice of Varying Amounts

If the recurring ACH transfers you make might vary in amount, the person you are going to pay will tell you the transfer date and the amount of the transfer ten (10) days before each payment is scheduled to take place.  (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits you set).

6. Liability for Failure to Stop Payment of Preauthorized Transfer

If you order us to stop a preauthorized payment three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

7. Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card, PIN or Varo Bank Account number has been stolen or compromised.  Telephoning is the best way to minimize your possible losses.  If your Card, PIN or Varo Bank Account number has been lost, stolen or compromised, or you suspect that someone has transferred or may transfer money from your Varo Bank Account without your permission, call 1-800-VARO-526 or 1-800-827-6526.  Under Visa Core Rules, your liability for unauthorized Visa debit transactions on your Card Account is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card.  This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us).  You must notify us immediately of any unauthorized use.  In the event that the Visa Zero Liability Rules do not apply, if you notify us within two (2) business days after you learn of any unauthorized transactions, you can lose no more than $50.00 if someone used your Varo Bank Account without your permission.  If you do not notify us within two (2) business days after you learn of the loss or theft of your Card, Varo Bank Account number or PIN and we can prove that we could have stopped someone from using your Varo Bank Account 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 statement shows transactions that you did not make, notify Varo at once following the procedures stated in the section labeled “Information About Your Right to Dispute Errors”.  If you do not notify us within sixty (60) days after you become aware of the transaction(s) and/or the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days if we can prove that someone could have been stopped from taking value if you had provided us notice 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 Card, PIN or Varo Bank Account number has been lost, stolen or compromised, we will close your Card and/or Varo Bank Account to keep losses down and send you a replacement Card and/or Varo Bank Account number.

If your Varo Bank Account changes you must immediately notify your employer or any other payors or merchants.  You must provide them with your new Varo Bank Account number to ensure that your direct deposit and/or ACH Debit activity continues uninterrupted.

8. Our Liability for Failure To Complete Transactions

If we do not properly complete a transaction from your Varo Bank Account or Card 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:

a. If through no fault of ours, you do not have enough funds available in your Varo Bank Account to complete the transaction;

b. If a merchant refuses to accept your Card or Varo Bank Account number;

c. If an ATM where you are making a cash withdrawal does not have enough cash;

d. 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;

e. If access to your Card or Varo Bank Account has been blocked after you reported your Card or Varo Bank Account number lost, stolen or compromised;

f. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;

g. If we have reason to believe the requested transaction is unauthorized;

h. If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

i. Any other exception stated in our Agreement with you.

9. Confidentiality

We may disclose information to third parties about your Varo Bank Account, Card or the transactions you make:

a. Where it is necessary for completing transactions;

b. In order to verify the existence and condition of your Varo Bank Account or Card for a third party, such as a credit bureau or a merchant;

c. In order to comply with government agency, court order, or other legal or administrative reporting requirements;

d. If you consent by giving us your written permission;

e. To our employees, auditors, affiliates, service providers, or attorneys as needed; or

f. Otherwise as necessary to fulfill our obligations under this agreement.

10. Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, call 1-800-VARO-526 or 1-800-827-6526, write to PO Box 71337, Salt Lake City, UT 84171 or send an email at help@varomoney.com if you think your statement or receipt is wrong or if you need more information about a transaction listed in the statement or receipt.  We must allow you to report an error until sixty (60) days after the earlier of the date you electronically accessed your Varo Bank Account, if the error could be viewed in your electronic history, or the date Varo sent the FIRST written history on which the error appeared.  You may request a written history of your transactions at any time by calling 1-800-VARO-526 or 1-800-827-6526 sending us an email at help@varomoney.com, or by writing to: PO Box 71337, Salt Lake City, UT 84171. You will need to provide us:

a. Your name, Varo Bank Account number and/or 16-digit Card number

b. Why you believe there is an error, and the dollar amount involved

c. 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 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 Varo Bank Account within ten (10) business days for the amount you think is in error, so that you will have 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 Varo Bank Account.

For errors involving new Varo Bank Account, POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question.  For a new Varo Bank Account, we may take up to twenty (20) business days to credit your Varo Bank 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.  Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section.  If you need more information about this program’s error-resolution procedures, call 1-800-VARO-526.

11. Customer Service

For customer service assistance or additional information regarding your Varo Bank Account, please call us at 1-800-VARO-526:

Customer service agents are available to answer your calls:

Monday through Friday, 7 a.m. to 7 p.m. CT

Saturday and Sunday, 9 a.m. to 5 p.m. CT (holidays excluded).

12. Telephone Monitoring/Recording

From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our member service team or as required by applicable.

13. No Warranty Regarding Goods or Services as Applicable

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Varo Bank Account.

14. Arbitration

Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) the Varo Bank Account; iii) your acquisition of the Varo Bank Account; iv) your use of the Varo Bank Account; v) the amount of available funds in the Varo Bank Account; vi) advertisements, promotions or oral or written statements related to the Varo Bank Account, as well as goods or services purchased with the Varo Bank Account; vii) the benefits and services related to the Varo Bank Account; or viii) transactions made using the Varo Bank Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.  This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING.  NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT.   IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. 

For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org. 

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final.  Judgment on the arbitration award may be entered in any court having jurisdiction. 

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive: i) the termination of this Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Varo Bank Account, or any amounts owed on your Varo Bank Account, to any other person or entity; or iv) closing of the Varo Bank Account.  If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THESE ARBITRATION TERMS, DO NOT ACTIVATE OR USE THE CARD OR Varo Bank Account.  CALL 1-800-VARO-526 TO CLOSE THE Varo Bank Account AND REQUEST A REFUND, IF APPLICABLE. 

III. FEE SCHEDULE

All fee amounts will be withdrawn from your Varo Bank Account and will be assessed as long as there is a remaining balance in your Varo Bank Account, except where prohibited by law.  Any time your remaining balance is less than the fee amount being assessed, the balance of your Varo Bank Account will be applied to the fee amount resulting in a zero balance on your Varo Bank Account.

Fee Description

Fee Amount and Frequency

Cash Withdrawal Fee

(applies to both ATM and Over The Counter “OTC” withdrawals) *

$2.50 (per transaction). Transactions at Allpoint ATMs are fee free.

*If you use a non-Allpoint network ATM, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal.  This ATM fee is a third-party fee amount assessed by the individual ATM operator only and is not assessed by us.  This ATM fee amount will be charged to your Varo Bank Account.

IV. FUNDS AVAILABILITY POLICY

Information contained in this section is provided to assist you in understanding our Funds Availability Policy.  All deposits into accounts opened through the Bank are processed at a Bank processing facility.

We make funds available according to the type of deposit and when the funds are applied, or credited to your Varo Bank Account.  Some types of deposits may not be available for immediate use.  When we delay the availability of funds or place a hold on a deposit made to your Varo Bank Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments, Bill Pay transactions or transactions using your Card during the hold period.  We have the right to refuse any deposit.

If final payment is not received on any item you have deposited into your Varo Bank Account, or if any direct deposit, ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.

1. Availability

The length of the delay in the availability of funds varies depending on the type of deposit.

2. Business Days

The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Varo Bank Account.  For purposes of these disclosures, our business days are Monday through Friday.  Federal holidays are not included.  Deposits received by 11:00 p.m. Central Time will be considered current-day deposits.  Any deposits received after that time will be processed the following business day.

3. Same Day Availability

Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to your Varo Bank Account.

ACH Credits received from an external bank account will be applied to the Varo Bank Account when we have verified the external account and received payment on collected funds.  Once the funds are applied to the Varo Bank Account, they will have same day availability.