Fair Bank Account and Fair Cardholder Agreement

FAIR BANK ACCOUNT AND FAIR CARDHOLDER AGREEMENT. IMPORTANT‐ PLEASE READ CAREFULLY. FOR QUESTIONS OR ASSISTANCE, PLEASE CALL THE CUSTOMER SERVICE TOLL‐FREE NUMBER 844-333-3107 PRINTED ON THE BACK OF YOUR FAIR MASTERCARD® DEBIT CARD.

TERMS AND CONDITIONS/DEFINITIONS FOR THE FAIR BANK ACCOUNT AND FAIR MASTERCARD® DEBIT CARD

This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the Fair Bank Account and Fair MasterCard® Debit Card have been issued by Coastal Community Bank (“COASTAL”), member FDIC. “Bank Account” means the bank account we open for you at COASTAL and the records we maintain to account for the transactions we maintain in such bank account. “Card Account” means the records we maintain to account for the transactions made in your Bank Account using your Card. “Account Number” means the 17‐digit number used to identify your Bank Account. “Card” means the Fair MasterCard® Debit Card issued to you by COASTAL. “Card Number” is the 16‐digit number embossed on the front of your Card. “Issuer,” “we,” “us,” and “our” means Coastal Community Bank, Member FDIC. “Fair” means Fair Fintech Inc. “You,” “your,” “Cardholder,” and “Primary Cardholder,” refers to the person who submits an initial request for the Card and is authorized to use the Card as provided for in this Agreement. “Secondary Cardholder” refers to the person who has received the Card at the request of the Primary Cardholder and is authorized to use the Card as provided for in this Agreement. In order to become a Cardholder, you must be an individual who can lawfully enter into and form contracts under applicable law in the state in which you reside. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural, and the plural includes the singular.

Our business days are Monday through Friday, excluding federal holidays (“Business Days”), even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

You acknowledge and agree that the value available in your Bank Account is limited to the funds that you have loaded into your Bank Account or have been loaded into your Bank Account on your behalf. By accepting and using your Bank Account and your Card, you agree to be bound by the terms and conditions contained in this Agreement. You and any Secondary Cardholder agree to sign the back of each respective Card(s)immediately upon receipt.

The expiration date of your Card is identified on the front of the Card. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. The Card is not for resale. You are the direct beneficiary of the funds loaded to your Card Account. The funds in your Bank Account and in your Card Account will be FDIC insured upon receipt by COASTAL, provided your Bank Account and Card are registered with us (for more information, see section labeled “Activation/Registration”). You will not receive any interest on your funds in your Bank Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Bank Account and Card are not designed for business use, and we may close your Bank Account and Card Account if we determine that either one is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

Your Bank Account and your Card Account do not constitute a checking or savings account and are not connected in any way to any other account, except as may otherwise be indicated in any other account agreements you have entered into with us.

Write down your Card Number and the Customer Service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.

  1. OPENING A BANK ACCOUNT AND CARD ACCOUNT (IDENTIFICATION VERIFICATION)
  2. ADDRESS OR NAME CHANGES
  3. RIGHT TO SET-OFF
  4. AUTHORIZED USERS
  5. SECONDARY CARDHOLDER
  6. ACTIVATION/REGISTRATION
  7. PERSONAL IDENTIFICATION NUMBER
  8. CASH ACCESS
  9. LOADING YOUR BANK ACCOUNT
  10. USING YOUR CARD/LIMITATIONS
  11. PREAUTHORIZED DEBITS AND CREDITS
  12. RIGHT TO STOP PAYMENT AND STOP PAYMENT PROCEDURES.
  13. NOTICE OF VARYING AMOUNTS
  14. LIABILITY FOR FAILURE TO STOP PAYMENT OF PREAUTHORIZED TRANSFER
  15. FRAUDULENT OR CRIMINAL CARD ACCOUNT OR BANK ACCOUNT ACTIVITY
  16. RETURNS AND REFUNDS
  17. CARD REPLACEMENT
  18. TRANSACTIONS MADE IN FOREIGN CURRENCIES AND/OR WITH MERCHANTS LOCATED IN FOREIGN COUNTRIES
  19. RECEIPTS
  20. BANK ACCOUNT BALANCE/PERIODIC STATEMENTS
  21. CONFIDENTIALITY
  22. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
  23. INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS
  24. LOST OR STOLEN CARDS/UNAUTHORIZED TRANSFERS
  25. YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
  26. THIRD PARTY PROVIDERS
  27. MISCELLANEOUS
  28. ENGLISH LANGUAGE CONTROLS
  29. AMENDMENT AND CANCELLATION
  30. UNCLAIMED PROPERTY
  31. DELIVERY OF ELECTRONIC COMMUNICATIONS-E-SIGN CONSENT DISCLOSURE
  32. CUSTOMER SERVICE
  33. TELEPHONE MONITORING/RECORDING
  34. NO WARRANTY REGARDING GOODS AND SERVICES
  35. ARBITRATION
  36. SIGNIFICANCE OF ARBITRATION
  37. FEE SCHEDULE

1. OPENING A BANK ACCOUNT AND CARD ACCOUNT (IDENTIFICATION VERIFICATION)

The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Bank Account and Card Account.

What this means for you: When you open a Bank Account and Card Account, we will ask for your name, street address, date of birth, and other information that will allow us to reasonably identify you, including, but not limited to, your social security number or other tax identification number. We may also ask to see your driver’s license or other identifying documents at any time. The same identification verification requirements apply to any Secondary Cardholder if you designate one.

2. ADDRESS OR NAME CHANGES

You are responsible for notifying us of any change in your physical address, mailing address, e‐mail address, text message address, or your name, no later than two (2) weeks after said change becomes effective. Any notice of change of address or name required by this Agreement may be provided to us via e‐mail at documentation@bankwithfair.com, by telephone at 844-333-3107, or by mail to: Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

3. RIGHT TO SET-OFF

You grant and consent to a lien on your funds on deposit with us or Fair and any dividends due or to become due to you from us or Fair to the extent you owe on any unpaid negative balance, Credit Card or  Loan balance, or Fee. If such funds on deposit or dividends due are owned jointly, our right of set-off extends to any amount owed to us and funds jointly owned with any supplemental owners.

4. AUTHORIZED USERS

You are responsible for all authorized transactions initiated and fees incurred by use of your Bank Account and Card Account. If you permit another person to have access to your Bank Account, Card, Card Number, or Personal Identification Number (“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 must notify us to revoke permission for any person you previously authorized to use your Bank Account, Card, Card Number, or PIN. If you notify us to cancel another person’s use of your Bank Account, Card, Card Number, or PIN, we may close your Bank Account and Card Account and issue a new Bank Account and / or Card to you with a different number. You are wholly responsible for the use of the Bank Account and Card Account according to the terms and conditions of this Agreement.

5. SECONDARY CARDHOLDER

You may request an additional Card for a Secondary Cardholder. The maximum number of such additional Cards is one (1). You must notify us to revoke permission for any Secondary Cardholder you previously authorized to use the Card. If you notify us to revoke the Secondary Cardholder’s use of the Card, we may close your Bank Account and Card Account and issue a new Bank Account and Card to you with a different number. You remain liable for any and all use of any additional Card(s) you authorize.

6. ACTIVATION/REGISTRATION

Both the Primary Cardholder and Secondary Cardholder must activate and register a Card before it can be used. Your Card Account may not have full functionality (e.g., no international transactions and no Account‐to‐Account transfers), nor will you be able to access Card Account funds exceeding the dollar value established by either federal regulations and/or the Issuer (the “Excess Funds”) or reload your Card Account until your Card has been successfully registered. You may activate and register your Card by calling 844-333-3107 or by visiting www.bankwithfair.com. You will need to provide personal information in order for us to verify your identity and the identity of any Secondary Cardholder. If we cannot successfully complete the activation/registration process, you will be entitled to receipt of any Excess Funds remaining in the Bank Account by way of a Check Refund, for which the fee, disclosed in the section labeled, “Fee Schedule,” will be waived. We may, from time‐to‐time offer other no‐cost methods through which Excess Funds can be made available to you.

7. PERSONAL IDENTIFICATION NUMBER

You will not receive a PIN with your Card Account; however, you will receive a PIN once you have registered your Card with your personal information. Only one (1) PIN will be issued for each Card Account. Your PIN can be used to obtain cash (see section labeled “Cash Access”) or to make purchases at any Point‐of‐Sale (“POS”) device that bears the MasterCard®, Maestro®, Cirrus®, or PULSE® acceptance mark. 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, including a Secondary Cardholder, you should advise us immediately by following the procedures described in the section labeled “Your Liability for Unauthorized Transfers.”

To register your Card, see the section labeled “Activation/Registration.”

8. CASH ACCESS

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any POS device, as permissible by a Merchant, bearing the MasterCard®, Maestro®, Cirrus®, or PULSE® acceptance mark. ATM transactions are treated as cash withdrawal transactions. Any cash withdrawn from an ATM terminal, POS device or through a participating bank or Issuer-approved Reload Network location (a “Teller Cash Withdrawal”) will be subject to the limitations set forth in the section below labeled “Using Your Card /Limitations”). ATM withdrawals may also be subject to varying daily limits at the ATM owner’s discretion. A fee may be associated with the use of your Card to obtain cash. For information about the fee, see the section labeled “Fee Schedule.” Please be aware that the ATM owner or operator, Merchant, or Reload Network may charge a fee (often referred to as a “Surcharge Fee”) IN ADDITION to any fee that we charge for cash access.

9. LOADING YOUR BANK ACCOUNT

You may add funds to your Bank Account, called “value loading.” Your initial value load must be at least$10.00. The minimum dollar value of any subsequent value loads will be subject to the terms established by the individual reload location (see (a) in the following paragraph). Please refer to the section labeled “Using Your Card/Limitations” for applicable limits on the number of times you can value load your Card Account and limits to the amount that can be loaded to your Card Account. The calculation of these limits may take into consideration all similar transactions made with any other Card Account(s) you may have with us, whether you are a Primary Cardholder or a Secondary Cardholder.

You may value load your Card Account: (a) using in‐store cash value load transactions conducted through any member of the Fair Reload Network (see below in this section for more information about the “Cash Reload Network”); (b) by arranging to have all or a portion of your paycheck, government benefits payment, tax refund check, or other electronic funds transfer direct deposited to your Card Account using the Automated Clearing House (“ACH”) system (“Direct Deposit” or “ACH Deposit”). In order to receive Direct Deposit value loads, you must provide each of your payment providers with the Issuer’s routing number and your assigned Account Number (see below for details about routing information); (c) by utilizing the Fair Remote Deposit Capture service (the “Remote Deposit Capture Service” as further described below within this section) that allows you to deposit a check into your Account from anywhere with cellular data connectivity by using the Fair Mobile Application and your smart phone or other mobile device to take and send an Electronic Image of the item; (d) transferring funds using the ACH System from another bank account that you own to your Fair Bank Account; and(e) by arranging for the transfer of funds originating from: (i) another Cardholder; and/or (ii) another Card Account. There may be fees associated with these methods of value loading. For information about the fees, see the section labeled “Fee Schedule.”

Personal checks, cashiers’ checks, and money orders sent to the Issuer are not acceptable forms of value loading. All checks and money orders sent to the Issuer for Card Account loading will be returned unless your Card Account has a negative balance at the time such check or money order is received, in which case the Issuer may in its discretion choose to apply the check or money order proceeds to the negative balance owed.

Loading your Bank Account will be subject to the limitations set forth in the section below labeled “Using Your Card /Limitations”). We reserve the right at our sole discretion to amend these limits from time to time. We reserve the right to accept or reject any request to load or reload value to your Bank Account at our sole discretion.

  1. CASH RELOAD NETWORK You may use your Card to load your Bank Account with cash via a GreenDot® MoneyPak® at approved GreenDot reload network merchants. Please note that GreenDot or the individual in-store reload location that you choose may impose limits that are different than ours. In such case, the more restrictive limits shall apply.

    Funds Availability. You will typically have access to funds you load to your Bank Account via cash within one (1) hour of such load. A Fair Reload Network Location Finder service is available by visiting www.bankwithfair.com or by calling 844-333-3107.
  2. DIRECT DEPOSIT / AUTOMATED CLEARING HOUSE (ACH) TRANSFER Your assigned Fair Account Number and the Issuer’s bank routing number can be used for arranging both direct deposits and ACH Transfers initiated from another bank to fund your account. Only direct deposits intended for you are acceptable and any direct deposits determined to be intended for another person(s) or organization will be subject to return and may result in restriction or closure of your account. ACH Transfers, whether initiated via Fair or from another bank, are subject to review and are only allowed from accounts on which you are a named owner or authorized party. Attempts to link an account using Fair’s Funds Transfer tools or attempts to request or receive funds from an account on which you are not a named owner or authorized party may also result in the return of the transfer and/or restriction or closure of your account. ACH transfers for illicit or ineligible goods or services will not be accepted.

    Funds Availability. The availability of funds from Direct Deposit will typically be on the effective date provided by the sender. The availability of funds transferred via ACH is highly variable and depends on processing times from the sending and the receiving institutions. In most cases, ACH transferred funds will be available within five (5) business days of the transfer initiation if no issues require verification or correction during processing.

  3. WIRE TRANSFER Domestic Incoming wire transfers may be made to your Fair account by initiating them with a US institution using your assigned Fair Account Number and the Issuer’s bank routing (transit) number. These transfers are subject to review and will be returned or rejected if validation is unsuccessful. Wire transfers must be issued to you as the named recipient, wires for more than one person unless designated “or”, will not be accepted. Wire transfers for illicit or ineligible goods or services will not be accepted.

    Funds Availability. Funds from an incoming wire transfer may be available in as little as one (1) business day if no issues require verification or correction during processing. Fair pime and the initiating organizations cut-off time may result in delay based on when your request to transfer funds by wire is submitted to the initiating organization. Fair will typically process any  incoming wires received before 2:00 PM CST by 2:30 PM CST on business  days while any transfers received after that time will be processed the following business day.
  4. REMOTE  DEPOSIT CAPTURE SERVICE What is Remote Deposit Capture? Remote Deposit Capture is a service that allows you to deposit a check into your Account from anywhere with cellular data connectivity by using the Fair Mobile Application and your smart phone or other mobile device to take and send an Electronic Image of the item. It eliminates the need to deliver the paper item to Fair.

    A. Eligibility Requirements. In order to be eligible for and use our Remote Deposit Capture service, you must be an accountholder in good standing, a mobile device holder, and a mobile banking customer.

    B. System Requirements. To use Remote Deposit Capture, you must have a mobile device with an enabled camera and service plan that includes data and Internet access. Third party fees may apply for data and Internet access. Contact your smart phone device carrier for additional information. You must also have the Fair Fintech Corp Mobile Application installed on your mobile device. The Fair Fintech Corp Mobile Application can be downloaded from your device’s application store. The Operating System version must be compatible with the latest version of the application.

    C. Requirements for Electronic Images. Prior to creating an Electronic Image of a check, you must add the words “Mobile Check Deposit to Coastal Bank FBO Fair Fintech Account Holder Payee Listed on Front,” your Card account number, and your signature endorsement to the back of the check, or as otherwise instructed by us. You understand these endorsement instructions are our requirements and you agree to follow these requirements for all checks. An “Electronic Image” must contain: (i) a complete, legible and accurate image of the paying bank’s pre-printed information, MICR encoded information, the name of the payee and the payment amount information; and (ii)a complete, legible and accurate image of the back of the check showing the words “Mobile Check Deposit to Coastal Bank FBO Fair Fintech Account Holder Payee Listed on Front,” your Card account number, and your signature endorsement. Upon transmitting the check, you agree not to allow the item to be deposited or presented for payment more than once, to the extent that it could result in payment of the check more than one time. You will also not allow the transmission of an imaged item which has already been presented to us, or to any other financial institution, by any other means.

    D. UNACCCEPTABLE REMOTE DEPOSITITEMS. The following check items are NOT accepted for deposit through the Mobile Deposit service:

    i) Items displaying a “non-negotiable” or “void” notation or watermark;
    ii) Items containing an alteration on the front of the check, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn;
    iii) Items dated more than six (6) months prior to the date of deposit;
    iv) Items previously converted to a substitute check or items that are remotely created checks as defined by Federal Reserve Board Regulation CC;
    v) Electronically created items (such as an item that did not exist in paper form);
    vi) Items issued by or through a financial institution in a foreign country;
    vii) Items not payable in United States currency;
    viii) Items with incomplete, inconsistent, or illegible information;
    ix) Items that are money orders, traveler’s checks or savings bonds;
    x) Items made payable to a third party (i.e., any person or entity other thank you – including third party checks endorsed over to you);
    xi) Items that are in violation of any federal or state law, rule, or regulation.
    xii) Checks or items prohibited by our current procedures relating to the Remote Deposit Capture service or are otherwise not acceptable under the terms of your Fair account;
    xiii) Items payable to “Cash”, “Fair”, or “Coastal Community Bank”;
    xiv) Items payable to two (2) or more persons not alternatively, unless deposited into an account owned by all payees;
    xv) Items that are postdated (dated in the future);
    xvi) Items with any endorsement on the back other than what is specified in this Agreement (or missing any of the required information); OR
    xvii) Items payable from any account held by the Fair account holder (Checks to Self).

You understand and agree that you are not permitted to deposit the foregoing items and doing so may result in a breach of the warranties you provide to us and could result in your obligation to indemnify us. You agree to follow any and all other procedures and instructions for use of the Remote Deposit Capture service as Fair may establish from time to time.

10.  USING YOUR CARD/LIMITATIONS

Bank Account and Card Access: Subject to the limitations set forth in this Agreement, you may use your Card to (1) withdraw cash from your Bank Account (see section labeled “Cash Access”); (2) load funds to your Bank Account (see section labeled “Loading Your Bank Account”); (3) transfer funds between your Bank Accounts; (4) transfer funds from your Bank Account to another Fair customer bank account; (5) purchase or lease goods or services wherever MasterCard debit cards are accepted, and (6) pay bills directly from your Bank Account in the amounts and on the days you request subject to the limits established within this Agreement. Some of these services may not be available at all terminals. There may be fees associated with some of these transactions. For information about the fees, see the section labeled “Fee Schedule.”

Limitations on frequency of transfers: For security reasons, we may limit the amount or number of transactions you can make with your Card.

Limitations on Use: (1) When using your Bank Account or a registered Card, we may place restrictions on the number of times you may use your Card and the maximum value of any transaction or collective transactions in your Bank Account. (2) We may determine any maximum values by aggregating the activity and value of all Bank Accounts and Card Accounts you may have with us, whether you are a Primary Account / Cardholder or a Secondary Cardholder. We reserve the right to amend these limits from time to time at our sole discretion or subject to law.

Additional limits may apply. Please call us at 844-333-3107 if you have any questions about these limitations on use.

Each time you use your Card or attempt a transaction using your Bank Account, you authorize us to reduce the value available in your Bank Account by the amount of the transaction and any applicable fees. You may not exceed the available amount in your Bank Account through an individual transaction or a series of transactions. If any transaction(s) exceeds the balance of the funds available in your Bank Account, you shall remain fully liable to us for the amount of the transaction(s) and any applicable transaction fee(s). You agree to pay us promptly for the negative balance. If you have not added sufficient funds to your Bank Account to cover the negative balance within sixty (60) days of its creation, we will have the right to cancel your Card Bank Account and pursue collection against you, including the right to collect funds, equal to or less than the negative balance, from any other Bank Account(s) you may have with us. In all instances described above, loads to your Bank Account may be made via Direct Deposit or any of the other load methods described in this Agreement.

If you do not have enough funds available in your Bank Account, you can instruct the Merchant to charge part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some Merchants do not allow cardholders to conduct split transactions. If you wish to conduct a split transaction and the Merchant permits it, you must tell the Merchant to charge only the exact amount of funds available in your 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 your Card, your Card is likely to be declined.

If you use your Card at an automated fuel dispenser (“pay at the pump”), the Merchant may preauthorize the transaction amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the Merchant may preauthorize the transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a “hold” on your 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. If we do not receive the final payment amount, the preauthorized amount on hold will typically remain in place for thirty (30) days. During a hold period, you will not have access to the preauthorized amount.

If you use your Card Number without presenting your 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.

You may not use your Card Number or the Issuer’s routing number and your assigned Account Number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized.

Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card or Bank Account, except as otherwise permitted in this Agreement. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold (see the section labeled “Returns and Refunds,” in addition to previous information addressed in this section).

11. PREAUTHORIZED DEBITS AND CREDITS

Your assigned Bank Account Number and the Issuer’s bank routing number can be used for arranging both direct deposits and recurring payments to merchants, internet service or other utility providers (“Merchants”). You may also arrange for recurring payments to Merchants using your Card Number or the bill pay services made available through our third-party service providers.

If you have arranged to have Direct Deposits made to your Bank Account at least once every sixty (60) days from the same person or company, you can call us at 844-333-3107 to find out whether or not the deposit has been made. There may be a fee associated with calling Customer Service. For information about the fee, see the section labeled “Fee Schedule.”

12. RIGHT TO STOP PAYMENT AND STOP PAYMENT PROCEDURES.

To stop a recurring payment to a Merchant you have preauthorized to debit your Card Account or Bank Account, you must first contact the Merchant to request the recurring payment be cancelled. If you have arranged for recurring payments to a Merchant using the bill pay services available through our third-party service providers, you should first contact the applicable third-party service provider to cancel the recurring payment.

If the Merchant or bill payment service provider with whom you have arranged recurring payments from your Card Account or Bank Account is unable or unwilling to stop your payment, you can call us at 844-333-3107 or write us at: Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074 to request a stop on such payment. We must receive your request 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, then we require you to put your request in writing and get it to us within fourteen (14) days after you tell us you want to stop such payments. There is a fee associated with each stop payment order you give. For information about the fee, see the section labeled “Fee Schedule.”

13. NOTICE OF VARYING AMOUNTS

If the recurring payments you make might vary in amount, the person you are going to pay will tell you the payment date and the amount of the payment 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 that you set.)

14. LIABILITY FOR FAILURE TO STOP PAYMENT OF PREAUTHORIZED TRANSFER

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

15. FRAUDULENT OR CRIMINAL CARD ACCOUNT OR BANK ACCOUNT ACTIVITY

We reserve the right to block or cancel your Card Account or Bank Account if, as a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity that is inconsistent with this Agreement. We will incur no liability to you because of the unavailability of the funds that may be associated with your Card Account or Bank Account.

16. RETURNS AND REFUNDS

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card or Bank Account for such refunds and agree to the refund policy of that Merchant. If you have a problem with a purchase that you made with your Card, or if you have a dispute with the Merchant, you must attempt to handle it directly with the Merchant. There may be a delay of up to five (5) Business Days or more from the date the refund transaction occurs until the date the refund amount is credited to your Card or Bank Account.

17. CARD REPLACEMENT

If you need to replace your Card for any reason, please contact us at 844-333-3107 to request a replacement Card. You will be required to provide personal information which may include your Card Number, full name, transaction history, and similar information to help us verify your identity. There is a fee for replacing your Card which is waived for your first replacement each year and does not apply to replacements upon expiration of a card. For information about the fee, see the section labeled “Fee Schedule.”

18. TRANSACTIONS MADE IN FOREIGN CURRENCIES AND/OR WITH MERCHANTS LOCATED IN FOREIGN COUNTRIES
  1. If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued, the amount deducted from your funds will be converted by MasterCard International, Inc. (“MasterCard”) into an amount in the currency of your Card Account. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by MasterCard from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate MasterCard itself receives or the government‐mandated rate in effect for the applicable central processing date. This percentage amount is independent of any amount taken by the Issuer in accordance with this Agreement, and,
  2. If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued or conduct a transaction with a Merchant located outside the U.S., Puerto Rico, the U. S. Virgin Islands, Guam, or the Marianas Islands, the Issuer will deduct a 3.5% foreign transaction fee (“Foreign Transaction Fee”) based on the amount of the transaction, in the currency of your Card Account. The Issuer will retain this fee as compensation for its services.
19. RECEIPTS

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

20. BANK ACCOUNT BALANCE/PERIODIC STATEMENTS

You are responsible for keeping track of the available balance in your Bank Account. Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction. You may determine your available balance by accessing your Bank Account online at www.bankwithfair.com; by enrolling in the SMS text alerts service (carrier fees and rates may apply); or by calling 844-333-3107 (There will be a fee for this call. For information about the fee, see the section labeled “Fee Schedule.”). A sixty (60) day history of account transactions is available free of charge at www.bankwithfair.com. Statements in electronic format will also be made available free of charge at www.bankwithfair.com for each month in which a transaction occurs. You will not automatically receive paper statements. You have the right to obtain a sixty (60) day written history of account transactions by calling 844-333-3107, or by writing to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074. There is a fee for obtaining a written history. For information about each of the fees described in this section, see the section labeled “Fee Schedule.”

21. CONFIDENTIALITY

We may disclose information to third parties about your Card Account, Bank Account, or the transactions you make: 1. Where it is necessary for completing transactions. 2. In order to verify the existence and condition of your Card for a third party, such as a Merchant. 3. In order to comply with government agency or court orders, or other legal reporting requirements. 4. If you give us your written permission; or 5. To our employees, auditors, affiliates, service providers, or attorneys, as needed.

22. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

If we do not properly complete a transaction to or from your Card Account or Bank Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses. 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 Bank Account to complete the transaction; 2. If a Merchant refuses to accept your Card; 3. If an ATM where you are making a 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 Card Account has been blocked after you reported your Card or PIN lost or stolen; 6. If your Card Account or Bank Account has been blocked or closed by us or by you according to the terms of this Agreement 7. If there is a hold on your funds or your funds are subject to legal process or other encumbrance restricting their use; 8. If we have reason to believe the requested transaction is unauthorized; 9. 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 10. Any other exception stated in our Agreement with you.

23. INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS

In case of errors or questions about your Card Account or Bank Account, call us at 844-333-3107, write to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074 or email us at disputes@bankwithfair.com as soon as possible if you think an error has occurred in your Card Account or Bank Account. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account or Bank Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 844-333-3107 or writing to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074.

You will need to tell us: 1. Your name and Card Number. 2. Why you believe there is an error, and the dollar amount involved; and 3. Approximately when the error took place.

If you report the error to us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days of your oral notification.

We will attempt to 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 Bank Account within ten (10) Business Days for the amount you think is in error, -, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Bank Account and may close our investigation.

For errors involving new Bank Accounts or Card Accounts, POS transactions, or foreign‐initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Bank Accounts or Card Accounts, we may take up to twenty (20) Business Days to credit your 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. You may ask for copies of the documents that we used in our investigation. If you need more information about our error‐resolution procedures, call us at 844-333-3107 or visit www.bankwithfair.com.

24. LOST OR STOLEN CARDS/UNAUTHORIZED TRANSFERS

If you believe your Card or PIN has been lost or stolen, or if you feel your Bank Account has been compromised, call 844-333-3107 or write to: Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074. You should also call the number or write to the address shown here if you believe an electronic fund transfer has been made using the information from your Bank Account, Card, or PIN without your permission.

25. YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS

Contact us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission, calling us at 844-333-3107 is the best way to minimize your possible losses. You could lose all the money in your Bank Account.

Under MasterCard Rules, your liability for unauthorized MasterCard debit transactions on your 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 or PIN. This reduced liability does not apply to PIN transactions not processed by MasterCard or ATM cash withdrawals.

If you notify us within two (2) Business Days after you learn of the loss or theft of your Card or PIN, or the compromise or unauthorized access of your Bank Account, you can lose no more than $50.00 if someone used your Bank Account, Card, or PIN 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 or PIN, or the unauthorized access of your Bank Account, and we can prove that we could have stopped someone from using your Bank Account, Card, or PIN without your permission if you had promptly notified us, you could lose as much as $500.00. If your Card or PIN has been lost or stolen, we will deactivate your Card and issue you a new Card to reduce potential losses. We may also close your Bank Account and issue you a new one to help limit your losses and our losses.

Also, if you become aware of and/or your electronic history shows transactions that you did not make, including those made by your Card or other means, notify us at once following the procedures stated in the section labeled “Information About Your Right to Dispute Errors” appearing above. If you do not tell us within 60 days of the earlier of the date you electronically access your account, if the unauthorized transaction could be viewed in your electronic history, or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money 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 may extend the time periods for a reasonable period at our sole discretion.

26. THIRD PARTY PROVIDERS

We may have arranged for third party providers to provide products or services to you in connection with your Card or Bank Account (“Third Party Providers”). In order to use these products or services, you may be required to agree to additional terms and conditions from those Third-Party Providers and may be subject to additional requirements of the Third-Party Provider. By agreeing to this Agreement or continuing to use such services, you hereby agree to any Third-Party Provider terms that apply to your use of such products and services in connection with your Bank Account and/or Card, which may be updated from time to time. For avoidance of doubt, these Third-Party Provider terms are between you and the applicable Third-Party Provider, not us.

27. MISCELLANEOUS

Your Bank Account, your Card Account, and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Bank Account and Card are subject to all applicable rules and customs of any clearinghouse or other network, or 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 laws of the State of Texas except to the extent governed by federal law.

28. ENGLISH LANGUAGE CONTROLS

Any translation of this Agreement is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English language version. The English language version of this Agreement shall govern in the event of any conflict in meaning or translation into any other language.

29. AMENDMENT AND CANCELLATION

We may (a) amend or change the terms and conditions of this Agreement or (b) cancel or suspend your Bank Account and/or Card Account or this Agreement at any time without prior notice to you except as required by applicable law. You may cancel this Agreement by returning the Card (if applicable) to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

In the event your Bank Account and/or Card Account is cancelled, closed, or terminated for any reason, so long as you used your Bank Account and Card Account in accordance with the terms of this Agreement, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.

30.  UNCLAIMED PROPERTY

If we are unable to contact you and have no record of your use of your Bank Account and Card for one or more years, applicable law may require us to report any funds in your Bank Account as unclaimed property. If this occurs, we may attempt to locate you at the address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable state as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges including, but not limited to a fee to close your Bank Account and Card Account and send a check to the applicable state from such unclaimed funds, as permitted by applicable law. We will comply with unclaimed property laws and appropriately engage in escheatment activities as required by state law.

31. DELIVERY OF ELECTRONIC COMMUNICATIONS-E-SIGN CONSENT DISCLOSURE

In order to electronically review and retrieve the documents related to your account(s) with Fair and delivered to you in connection with this request for consent (Documents), you will first need to review and accept this consent form. With your consent, Fair can deliver the Documents and other disclosures and contracts related to your account(s) to you by displaying or delivering them electronically and requesting that you print or download them and retain them for your records. This notice contains important information that you are entitled to receive before you consent to electronic records and electronic signatures in connection with your account(s) at Fair. Please read this notice carefully and print or download a copy for your files.

  1. Scope of Communications to Be Provided in Electronic Form. When you activate and use your Bank Account and/or Card or use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to: • All legal and regulatory disclosures and communications associated with your Bank Account, Card Account, and any related products or services; • This Agreement and any notices about a change in terms to this Agreement; • Privacy policies and notices; • Error Resolution policies and notices’ • Responses to claims filed in connection with your Bank Account or Card Account; • Any annual notices or disclosures; and • Notices regarding insufficient funds or negative balances.

  2. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via e‐mail (if you have elected to receive e‐mail messages from us), (2) by access to a web site that we will designate in an e‐mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to the Fair website.
  3. Access Requirements. In order to access the Documents electronically, you must have: • A computer or mobile device with an internet connection • The ability to view and retain Portable Document Format (PDF) files • An email address • Either a printer, hard drive, or other storage device Fair supports Windows 7 or higher, Mac OS 10.9 or higher, Internet Explore 11 and higher, Firefox 51 and higher, Chrome 56 and higher, Edge (Windows 10 and higher), Safari 10 and higher, a browser that supports TLS version 1.2 or higher. Minimum requirements for using Fair Mobile Banking are iOS 12.4 or higher and Android 6.0 or higher. You will also need access to the internet using the default browser(s) included by your mobile device manufacturer or the latest Fair Fintech, Inc. Mobile Banking app compatible with your device. PDF content on our site requires Adobe Reader 6.0 or later.

    Note: “Financial Institutions must provide consumers with a statement detailing the hardware and software requirements to access and retain electronic records.”

  4. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 844-333-3107 or visiting the www.bankwithfair.com website. If you do withdraw your consent, we will send subsequent Communications to you in writing to the most current e-mail or mailing address we have for you in our records. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

  5. How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e‐mail address (if you have elected to receive e‐mail messages from us), your contact information, and other information related to this Disclosure and your Fair accounts, and to maintain and update promptly any changes in this information. You can update information (such as your mailing or e‐mail address) by contacting us at 844-333-3107. For your protection, we may ask you to provide information to identify yourself to ensure that an unauthorized person is not attempting to update your account.

  6. Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling 844-333-3107 or writing to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074. We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically pursuant to this authorization. See the Fee Schedule for details about this service charge. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

  7. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
32. CUSTOMER SERVICE

For customer service or additional information regarding your Bank Account and/or Card Account, please contact us at:

Fair 10101 Southwest Freeway, Suite 570 Houston, TX 77074       844-333-3107

Customer Service agents are available to answer your calls 24 hours per day, 7 days per week, excluding holidays.

33. 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 customer service or as required by applicable law.

34. NO WARRANTY REGARDING GOODS AND SERVICES

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

35. ARBITRATION

Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

Definitions: As used in this Arbitration Provision the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Bank Account, Card Account, or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, crossclaims and third‐party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law, and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Bank Account; (ii) Card Account; (iii) the amount of available funds in your Bank Account; (iv) advertisements, promotions or oral or written statements related to any account(s) you maintain with Fair, or goods or services purchased with your Bank Account and Card; and (v) the benefits and services related to your Bank Account and Card; and (vi) your enrollment for any Bank Account and/or Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.

As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean Fair, the Issuer, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors, and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any account you maintain with Fair (including, but not limited to merchants who accept the Card or Bank Account, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co‐party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Bank Account and/or Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional Authorized Users and/or Cardholders.

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; or (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

36.  SIGNIFICANCE OF ARBITRATION

IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Bank Account holders, other Cardholders, or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to the mailing address we have in our records and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1‐16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three‐arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three‐arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Continuation: This Arbitration Provision shall survive termination of your Bank Account and/or Card Account as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement, or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.

37. FEE SCHEDULE

All fees will be withdrawn from your Bank Account, unless described elsewhere in this document, and will be assessed as long as there is a remaining balance in your Bank Account, except where prohibited by law. Any time your remaining Bank Account balance is less than the fee amount being assessed, the balance of your Bank Account will be applied to the fee amount.

Refund Policy: Please call Customer Service at 844-333-3107 with questions about our refund policy or any fees.

Refunds are at par.

Fee Details


Getting Started

Card Purchase Fee

$0.00

This is the fee that we charge to purchase your Card.

Activation Fee

$0.00

This is the fee charged to activate your Card, so it is available to use.


Monthly Usage

Monthly Maintenance Fee

$0.00

This is a monthly maintenance fee for maintaining your Card Account and for your Card usage. The Monthly Maintenance Fee will start to be assessed to your Card Account after you activate and load your Card Account for the first time and then every month thereafter. The Monthly Maintenance Fee is charged on the 15th day of every month. If you load your Card Account for the first time on the 15th day of the month, please be aware that the Monthly Maintenance Fee may be charged on the same day as your first load. Otherwise, the Monthly Maintenance Fee will be charged on the 15th of every month starting after your first load.


Add Money

Direct Deposit Load

$0.00

This is the fee to load your Card Account with direct deposit.

Cash Load via a GreenDot® MoneyPak®

Up to $4.95 (Additional POS reload network fee may apply)

This is the fee that we charge to load your Card Account at a retail POS location using your Card. Additional POS reload network fees may apply – we do not control the reload network fees. Be sure to ask the POS location that is loading your Card Account if they charge a separate fee.

Remote Deposit Capture (Mobile Check Deposit)

$0.00

This is the fee that we charge to load your account with a scanned image of a check using our Remote Deposit Capture Service

Card to Card Transfer – Debit

$0.00

This is the fee you pay to transfer funds to another Fair cardholder.

Card to Card Transfer – Credit

$0.00

This is the fee you pay to receive funds from another Fair cardholder.


Spend or Withdraw Money Within the U.S.

POS PIN Purchase – Domestic

$0.00

This is a Point of Sale (“POS”) debit purchase, where you are required to enter a PIN.

POS PIN Purchase with Cash Back – Domestic

$0.00

This is a Point of Sale (“POS”) debit purchase with cash back, where you are required to enter a PIN.

POS Signature Purchase – Domestic

$0.00

This is a POS credit purchase, where you are required to sign a receipt.

ATM Withdrawal – Domestic

$0.00

(Additional ATM Surcharge Fee may apply) This is the fee you pay to withdraw funds from an ATM in the U.S. The ATM owner/operator may charge an additional fee (typically called an “ATM Surcharge Fee”) not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.

Bank Teller Cash Withdrawal

$0.00

This is the fee you pay to get funds from a bank teller withdrawal. Please note that the individual bank that you withdraw the funds from may charge a separate fee. Fair does not control the fees that individual bank tellers may charge for this service. Please check with your bank teller location to understand their fees before withdrawing funds.

Card to Bank Transfer

$0.00

This is the fee you pay for transferring money from your Card Account to your bank.

Remittance Withdrawal

$0.00

(Additional Remittance Company Fee may apply) This is the fee you pay to send funds to an individual through a licensed money transmitter (“Remittance Company”) such as Western Union. The Remittance Company may charge a fee in addition to this fee. Be sure to ask the Remittance Company if they charge a separate fee.

Online Merchant Payment

$0.00

(Additional Merchant or Service Provider Fee may apply) This is the fee for making payments to a merchant or service provider online (for example, paying your mobile phone bill, utility bill, car payment, etc.), typically through the merchant’s or service provider’s online payment portal. The merchant or service provider may charge a separate fee for using their payment portal. We do not control the merchant or service provide fee. Be sure to check with the merchant or service provider to determine if they will assess a separate fee.

Bill Payment – Electronic

$0.00

This is the fee to make an electronic payment to a third party utilizing our service provider’s online bill payment service.

Bill Payment – Paper Check

$0.00

This is the fee to make a payment to a third party via a physical check utilizing our service provider’s online bill payment service.

Expedited Bill Payment

$6.00

This is the fee to make an ACH payment to a third party in one Business Day (availability may be limited) using our service provider’s online bill payment service.

Spend or Send Money Outside the U.S.

POS PIN Purchase – International

$0.00

This is a POS debit purchase made outside of the U.S. where you are required to enter a PIN.

POS PIN Purchase with Cash Back – International

$0.00

This is a POS debit purchase with cash back made outside of the U.S. where you are required to enter a PIN.

POS Signature Purchase – International

$0.00

This is a POS credit purchase made outside of the U.S. where you are required to sign a receipt.

ATM Withdrawal – International

$0.00 (Additional ATM Surcharge Fee may apply)

This is the fee you pay to withdraw funds from an ATM outside of the U.S. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.

International Funds Transfer (Remittance) Account-to-Account

$0.00

This is the fee you pay to send money from your account to a person internationally utilizing the NIUM / money remittance service through the NIUM Open Money Global Platform.

Information

ATM Balance Inquiry – Domestic

$0.00 (Additional ATM Surcharge Fee may apply)

This is a fee to obtain the balance of your Card Account at an ATM in the U.S. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.

ATM Decline – Domestic

$0.00 (Additional ATM Surcharge Fee may apply)

This is a fee charged to your Card Account if an ATM transaction is declined at a U.S. ATM machine. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.

ATM Balance Inquiry – International*

$0.00 (Additional ATM Surcharge Fee may apply)

This is a fee to obtain the balance of your Card Account at an ATM outside of the U.S. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.

ATM Decline – International*

$0.00 (Additional ATM Surcharge Fee may apply)

This is a fee charged to your Card Account if an ATM transaction is declined at an ATM outside of the U.S. The ATM owner/operator may charge an additional ATM Surcharge Fee not included in this amount. We do not control or set this fee. The ATM owner/operator is generally required to disclose the ATM Surcharge Fee to you prior to making a cash withdrawal.

Other

Customer Service IVR Call

$0.00

This is the fee for automated, interactive voice recognition support.

Customer Service Live Agent Call

$0.00

This is the fee for live customer support calls.

Replacement Card -Lost or Stolen

$0.00 – first replacement each year for each card number

$4.95 – subsequent replacements

This is the fee to replace a lost or stolen card through regular mail service (average of 7-10 Business Days).

Replacement Card -Expiration

$0.00

There is no fee for a new card when your card expires. A new card will be sent in advance of the expiration date.

Replacement Card – Expedite

$35.00

This is the fee to replace a lost or stolen card and receive it in approximately 2 Business Days.

Additional Card or Card for Secondary Cardholder – Same Card Account

$0.00

This is the fee to order an additional Card that is attached to the same account. Only one (1) additional Card may be ordered for each Card Account.

Closed Account Check Issue Fee

$0.00

This is the fee you pay to close your account and receive any Excess Funds by check.

Paper Account Statement

$0.00

This is the fee to have a paper statement printed and mailed to you. If you are requesting a paper statement to review your Card Account for a potential error, to report an error on your Card Account, or dispute a transaction, please let the Customer Service Representative know so this fee can be waived or refunded.

Currency Conversion Fee

0.00

This is the fee you pay in addition to the MasterCard Currency Conversion Fee for converting a transaction in U.S. Dollars to another currency or for converting a transaction in another currency to U.S. Dollars. This fee is in addition to the MasterCard Currency Conversion Fee.

Replace Expired Card

$0.00

This is the fee to replace your Card when your existing Card expires.

Bill Pay Stop Payment Fee

$0.00

This is the fee you pay to place a stop payment on a Bill Payment transaction.

ACH Debit Stop Payment Fee

$0.00

This is the fee you pay to place a stop payment on an ACH Debit or preauthorized transfer transaction.

Paper Statement Review

$0.00

This is the fee to have a Customer Service Representative review your statement or transaction history with you.

Remote Deposit Capture Returned Item Fee

$35.00

This is the fee that we charge to recover or represent an item that was deposited utilizing the Fair Remote Deposit Capture Service and will apply EACH TIME an item is returned or returned not paid.

Tip to avoid ATM fees: Select “DEBIT” and enter your PIN to get cash back when making purchases at many retailers, such as grocery stores.

This Cardholder Agreement is effective September 01, 2021.

Wealth Building Account Terms and Conditions

1. Our Agreement.

This agreement contains the Fair Wealth Building Account Agreement (the “Agreement”) by and among Fair FinTech, Inc. (“Fair”) and You, as an Eligible Member, as defined below, for the optional Fair Wealth Building account (“Fair Wealth Building Account”)made available by Coastal Community Bank, Everett, Washington, member of the Federal Deposit Insurance Corporation (“FDIC”)(the “Coastal Bank,” the “Bank,” or “Issuer”) on behalf of Fair. Fair Invest, LLC (“Fair Invest”), a Delaware limited liability company and related entity to Fair, the portfolio manager of the Fair Wealth Building Account. “We,” “our,” and “us” refer to Fair, our successors, affiliates, or assignees. “You,” “your,” and “member” refer to the owner of the Fair Wealth Building Account

The term “Spending Account” refers to the demand deposit account available from Coastal Bank, accessible through Fair.

The term “Fair Wealth Building Account” is an optional account only available to holders of Spending Accounts held with Fair and those who meet the Eligible Member criteria, as defined below. Fair Wealth Building Accounts are a form of savings accounts managed by Fair Invest, a registered investment advisor, who invests your funds in various assets with inherent risk with the goal to obtain return from long-term investing for the owner of the Fair Wealth Building Account. By opening a Fair Wealth Building Account, you grant Fair Invest the discretionary authority to use the funds to invest in accordance with Fair Invest’s investment strategy. As a result, Fair Invest possesses the authority and discretion to use other investments to manage the investment portfolio on behalf of the fund in the Fair Wealth Building Account. Each “Statement Cycle” is defined as one calendar month.

2. Creation of a Fair Wealth Building Account.

The holder of a Fair Account may submit a request to open a Fair Wealth Building Account at the Fair Account website (the “Website”) at www.bankwithfair.com or by using the Fair mobile banking application (the “Mobile App”). The Consumer Fair Wealth Building Account is not designed for business use, and we may close the account if we determine it is being used for business purposes, unless specified by the terms of this Agreement. Fair will allow for the opening of a Fair Business Wealth Building Account based on good standing of a consumer Spending and Fair Wealth Building Account. We may refuse to process any transaction(s) we believe may violate the terms of this Agreement.

3. Eligible Members.

All eligible members must:

i) Be U.S. Citizens or residents who reside within the fifty (50) United States(“U.S.") or the District of Columbia.

ii) Be at least eighteen (18) years of age.

iii) Have either a U.S. Social Security Number (SSN); OR a U.S. Individual Taxpayer Identification Number (ITIN) and Valid Government Issued Photo Identification.

iv) Agree to accept electronic, rather than paper statements, through (i) keeping a valid email address on file with Fair; and (ii) accepting electronic delivery of all account communications (i.e., end-of-year tax forms and electronic statements).

v) Be a member in good standing and have a Fair Spending Account open with a balance of at least $1.00.

(a) Discretion and Third-Party Consultation. We maintain the discretion to open a Fair Wealth Building Account after you request a Fair Wealth Building Account. We may use information from third parties in determining whether to open the Fair Wealth Building Account in your name.

(b) Fair Wealth Building Account Titling and Ownership. A Fair Wealth Building Account may only be owned and titled in the name of one (1)person who shall solely retain the right to direct the deposit or transfer of funds. The Fair Wealth Building Account cannot be owned or titled jointly, by an organization, as Payable on Death (“POD”) or “In Trust For” (“ITF”).

(c) Business Fair Wealth Building Accounts. Fair Wealth Building Accounts are available for Business Use, but Fair will require that it be connected to a Spending Account of an individual in good standing. Business Fair Wealth Building Accounts are subject to a Know Your Business process, as defined by law, and we may refuse to process any transaction(s) we believe may violate the terms of this Agreement. In the case of Business Fair Wealth Building Account, it will be considered as a deposit account within the meaning of Article 9 of the Uniform Commercial Code (“UCC”) that is not held or maintained primarily for personal, family, or household purposes. Examples of business deposit accounts include an account owned by an individual acting as a sole proprietor; a partnership; a limited partnership; a limited liability partnership; a limited liability company; a corporation; a joint venture; multi person LLC with primary/managing member; or a not-for-profit corporation.

(d) Death or Incapacitation. You or your appointed party, designee, or appointed individual agree to notify us promptly if you become legally incapacitated, are deemed incompetent, or die. We will continue to accept deposits and process transaction instructions into and from the Fair Wealth Building 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 involving the Fair Wealth Building Account on or before the date of death or incapacitation for up to ten (10) days after that date unless ordered by you or your appointed party to stop. We may require additional documentation to confirm any claims made on the Fair Wealth Building Account.

(e) Our Relationship With You. This Agreement and the deposit relationship do not create a fiduciary relationship.

(f) Privacy Policy. Our privacy policy is available at www.bankwithfair.com and fully incorporated as part of this Agreement.

4. General Rules Governing Wealth Building Accounts

The Wealth Building Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement, provided we advise you such transfer or assignment, and you do not object to such assignment in the time provided. Use of the Wealth Building 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.

5. Truth in Dividend Account Disclosures

Opening Deposit and Balance Requirements. There is a one dollar ($1) minimum deposit requirement to open a Fair Wealth Building Account. While there are no minimum or maximum balance requirements, a Fair Wealth Building Account with a zero (0) balance for nine (9) continuous months will be subject to closure. See the paragraph labeled “i. Amendment and Cancellation” in Section 3 above for additional details.

Transaction Limitations

(i) DEPOSITS to the Fair Wealth Building Account may be made from your Spending Account at the website or by using the Mobile App. All deposit limits applicable to your Spending Account will be applicable to your Wealth Building Account.

(ii) WITHDRAWALS may only be made via Online Transfer from the Fair Wealth Building Account to your Spending Account. All withdrawal limits applicable to your Spending Account will be applicable to your Wealth Building Account.

(iii) ONLINE TRANSFERS LIMITS may only be made via Online Transfer from your Fair Wealth Building Account to your Spending Account. All transfer limits applicable to your Spending Account will be applicable to your Wealth Building Account.

Online Transfer Limits
Transaction Type | Frequency and/or Dollar Limits            

Deposits - No limits to the number of times per Statement Cycle and no maximum dollar limit
Withdrawals - Members may withdraw up to six times per Statement Cycle. Any withdrawal in excess of six may be paused until the consecutive Statement Cycle

Rate Information. The current Fair Wealth Building Yield (“FWBY”) for the Fair Wealth Building Account may be up to but shall not exceed flat rate payments equal to 4.00% of your total Fair Wealth Building Account balance. This is a variable rate account. There is no guarantee or obligation to meet any FWBY percentages. The 4.00% return only indicates the limit of the return on you Fair Wealth Building Account, your FWBY will not exceed this percent. Fair may determine the FWBY at their discretion. We may, at our discretion, change the FWBY for the Fair Wealth Building Account at any time. Dividends begin to accrue no later than the business day the deposit is applied to the Fair Wealth Building Account. Dividends will be calculated based on the average daily balance and credited to the customer’s Fair Wealth Building Account on a monthly basis, which will be the 7th of the month.

Balance Information. Fair Wealth Building Account dividends are calculated using the average daily balance in relation to the FWBY. This method applies the FWBY, as determined by Fair Invest, to the average daily principal balance in the Fair Wealth Building Account at the end of each month. There are no minimum or maximum balance requirements for your Fair Wealth Building Account. Your balance is determinative of your dividends at the end of each month. Dividends will be distributed to your Fair Wealth building Account. All dividends are at the discretion of Fair Invest.

6. General Disclosures

(a)  Managed Investment Account. Funds moved to a Fair Wealth Building Account are pooled in an investment account which is held and managed by Fair Invest. Fair Invest does not take any compensation for its role as portfolio manager, or its functions as a registered investment advisor (“RIA”). RIA status does not imply recommendation, or approval by regulatory agencies, nor a level of professional competence.

(b) Related Fees. While there are no transaction costs imposed, certain other third-party fees may apply. These include, but are not limited to, charges imposed directly by a mutual fund or exchange traded funds, odd -lot differentials, transfer taxes, wire transfer and electronic fund fees, and other fees and taxes on brokerage accounts and securities transactions, if applicable.

(c) Not FDIC Insured. Although Fair will not transfer losses on the pooled investment account to Spending Accounts, Fair Wealth Building Accounts are NOT FDIC INSURED and are subject to potential loss.

(d) All investments such as the Fair Wealth Building Account are subjected to risk of loss. You should be aware of any risks associated with placing your funds in a Fair Wealth Building Account. Fair will make its best efforts to mitigate losses to your principal deposit; however, such attempts would not extend to any dividend return as calculated by the FWBY. This is a method by Fair Invest to reduce your risk of exposure, in addition to other risk reduction methods, but in no way provides a total barrier to general inherent and market risk. INVESTMENT OPPORTUNITIES INVOLVE INHERENT RISK, AND AS WITH OTHER INVESTMENTS, YOU CAN LOSE SOME OR ALL OF YOUR INVESTMENT.

(e) Conflicts of Interest. Clients must be a member of Fair in order to become a client of Fair Invest. From time to time, representatives of Fair Invest may buy or sell securities for themselves that they also recommend to clients or at or around the same time as client, and such transaction will be documented. Representatives of Fair Invest will never engage in trading that operates to the client’s disadvantage in such situations. Fair Invest serves all Fair Wealth Building Accounts and will actin its clients’ best interest consistent with its fiduciary duty as sponsor and portfolio manager. Clients should be aware that Fair Invest has an incentive to limit trading activities for Fair Wealth Building Accounts since the Fair Invest absorbs transaction costs.

(f) Member Risk Profile. Fair Invest offers the same suite of services to all Eligible Members who hold Fair Wealth Building Accounts. Clients are not permitted to impose restrictions in investing in certain securities or types of securities in accordance with their values or beliefs.

(g) Additional Terms and Conditions. See Fair’s Cardholder Agreement which are herein incorporated in this Agreement for other important terms and conditions which apply to Fair Wealth Building Accounts.

(h) Nothing in this Agreement is to constitute a promise or guarantee of future performance. With any investment, there is inherent risk of loss of some or all of invested funds. Fair Invest will attempt to mitigate any inherent risk subject to your principal investment through liquidity accounts and diversification in investments. Any individual obtaining a Fair Wealth Building Account must, along with Fair Invest, not claim to avoid such risk and acknowledge this potential for loss. Fair Invest practices in the best interests of our clients and will make the best effort to manage and protect against principal loss and passing them to the Member.

This Agreement is effective 08/08/2022.