1. Definitions. The following terms and definitions apply when used in these Terms and Conditions:
2. Funds Available on The Card. The Card is a reloadable prepaid Visa card. The funds that are available on the Card are maintained in a limited purpose account at BBVA, but there is no checking or savings account established for you at BBVA that is associated with the Card. BBVA does not pay interest on the funds available on the Card. You may access the funds available on the Card and deposit or “load” additional funds only as provided in these Terms and Conditions. The funds available on the Card are FDIC-insured.
The Card has no minimum balance requirements, but the balance of funds on the Card cannot exceed the maximum balance provided in Section 4 below. You should keep a record of the withdrawals, fees, and other transactions on your Card so that you always will know the current balance of funds on your Card. Because of operational constraints related to processing or posting transactions on your Card, there may be times when your actual balance is more or less than the funds made available to you or the balance shown on your statement, on any balance inquiry at an ATM, or otherwise. The amount of funds shown on the records of BBVA as available on the Card will be determinative of the balance on the Card, unless you can show us differently to our satisfaction. At any particular time, our records may not yet reflect all of your transactions on the Card.
There is no credit line associated with your Card. This means that you must have a sufficient balance of funds on the Card at the time of a transaction in order to pay for the transaction. If a merchant or an ATM operator submits a transaction on the Card for an amount that is greater than the current balance on your Card, BBVA has no obligation to approve that transaction, even if we previously approved other transactions on the Card for which there were not enough funds. If we hire an attorney who is not our employee to collect the amount of any negative balance, you agree to pay all reasonable expenses we incur, including without limitation attorneys’ fees and court costs, to the extent permitted by applicable law.
3. Authorized Users. You may request us to issue up to three (3) additional Cards to other individuals that are at least 13 years of age. We will determine, in our sole discretion, whether or not to honor your request for any additional Card. If we honor your request, the Card will be issued in the name of the other individual and will have full access to all of the funds available on your Card. For each additional Card, you and any Authorized User agree to be subject to the Schedule of Fees set forth in these Terms and Conditions..
By requesting us to issue an additional Card to any other individual or by allowing any other individual to use your Card, you appoint that person as an Authorized User and your authorized agent to use your Card, subject to these Terms and Conditions, and to obtain information about the funds available on your Card. Our payment for any transaction on your Card by you or any Authorized User will discharge our obligation to you with respect to the amount of that transaction, regardless of the source of the funds on your Card.
4. Loading Funds on the Card. You or any Authorized User may deposit or “load” funds on your Card as described below:
For the initial loading of funds on your Card, you agree to subject to the Schedule of Fees set forth in these Terms and Conditions. BBVA does not charge a fee for reloading funds to your Card.
Please see your Schedule of Fees for limits that apply to all funds loaded on your Card, whether by you or any Authorized User.
We may change these limits as provided in Section 24 below. For the purpose of these limitations, a day begins at 12:00 midnight on one day and ends at 12:00 midnight on the following day.
5. Using Funds Available on the Card.
We have no obligation to provide you with a check for any funds available on your Card except as provided in Section 22 below.
6. Transaction Limits. Please see your Schedule of Fees for limits that apply to all transactions using the funds on your Card, whether those funds are used by you or any Authorized User.
We may change these limits as provided in Section 24 below. For the purpose of these limitations, a day begins at 12:00 midnight on one day and ends at 12:00 midnight on the following day.
7. Your Personal Identification Number/Signature on the Card. A personal identification number (a “PIN”) is required in order to use a Card at an ATM or with some merchants. You and each Authorized User to whom a Card is issued must (i) select a PIN according to the instructions provided with the Card; (ii) not disclose the PIN to anyone; (iii) not write the PIN on the Card or anything else likely to fall into the wrong hands; and (iv) keep the Card and PIN in a safe, secure place. If the security or confidentiality of any PIN is compromised, you or the Authorized User should notify BBVA at 1-866-236-7967. There is a panel on the back of each Card for a signature. You and each Authorized User should sign this panel upon receiving the Card to help protect against unauthorized use. However, your responsibility for transactions with the Card, as described in these Terms and Conditions, does not depend on whether or not you sign your Card.
8. Authorization Holds.
If we authorize a Card transaction, the Authorization Hold will be for the amount requested by the merchant, which may be in excess of the amount of the actual transaction or the amount permitted by the Visa rules. We will have no liability to you in the event any merchant delays or fails to complete final processing of any Card transaction that corresponds to an Authorization hold, and/or in the event any merchant requests an Authorization Hold in error. In general, we will not be responsible for any transactions generated in error by merchants, processing agencies, or any other third parties not under our control, except as may be required under applicable law.
9. Fees and Charges for Use of the Card. You acknowledge that you have been provided the current Schedule of Fees for the BBVA ClearSpend Card. The Schedule of Fees is incorporated into and a part of these Terms and Conditions. We may change the amount and kinds of fees as provided in Section 24 below. You agree to pay any and all applicable fees in effect from time to time, until all use of the funds available on your Card is terminated, as provided in Section 22 below. You authorize us to debit these fees from the funds available on your Card without any further notice or demand, even if your Card is inactive, abandoned, or unclaimed. We shall not be liable for refusing to complete any transactions on a Card because of insufficient funds resulting from debiting these fees and other charges.
If a Card is used at an ATM not owned by us, you may be charged a fee by that ATM’s owner, operator or network, and you may be charged a fee for a balance inquiry even if no funds are withdrawn at that ATM. In addition, you may be charged fees by third parties for use of a Card, such as (i) stores and merchants for POS transactions, and (ii) other banks and financial institutions for cash withdrawals at their branches.
10. Foreign Transactions. All debits to your Card will be posted in U. S. dollars. Card transactions made in a foreign currency are converted to U. S. dollar amounts by Visa, using the then current currency conversion procedure and rate. Currently, the currency conversion rate is either a wholesale market rate or a government-mandated rate in effect the day before the transaction processing date. For each Foreign Transaction you will be charged a Foreign Transaction fee equal to 3% of the transaction amount. This Foreign Transaction fee will be posted as a separate item on your card transaction history. This fee will be charged whether or not there is a currency conversion in connection with the Foreign Transaction.
11. Information About Card Transactions.
12. Security Procedures for Using ClearSpend Web Site.
13. Disputes with Merchants. If you or any Authorized User uses a Card at a Visa Merchant, and a dispute arises about that Card transaction, you agree to make a good faith effort to settle the dispute with the Visa Merchant. You may request us to assist in settling any unresolved dispute by contacting us as provided in Section 30 below. Except as expressly provided in Section 14 below, you cannot stop payment to Visa Merchants for transactions made through the use of any Card.
14. Preauthorized Recurring Payments. If you have authorized any person to debit recurring payments from the funds available on your Card at substantially regular intervals and these payments may vary in amount, the person you are going to pay will tell you, at least ten (10) days before each payment, when it will be debited and how much it will be. If you want to stop the debit of any preauthorized recurring payments from the funds available on your Card, contact us as provided in Section 30 below. In order to stop a particular payment, we must receive your request at least three (3) business days before the payment is scheduled to be made.
To honor your stop payment request, we must replace your Card and each Card issued to any Authorized User. After we receive and act on a stop payment request, neither you nor any Authorized User will be permitted to access funds on your Card until you receive your new Card from us, which may take up to ten (10) calendar days. Unless you instruct us otherwise, we will send a new Card to you and to any Authorized User to whom we had issued a Card, and we will transfer any balance of funds available on your old Card to your new Card. You must contact us at least three (3) business days before the date of a preauthorized payment for us to place a stop payment.
15. Confidentiality of Information about Card Use.
Your prepaid card information is reported to the Visa Prepaid Clearinghouse Service (“PCS”) to assist in fraud prevention measures only. The information obtained from PCS can only be used for fraud investigation purposes. Please contact the Visa Prepaid Clearinghouse Service Customer Service Department for details regarding the information reported and on file with Visa DPS. You will have the opportunity to dispute, if necessary, certain information and Visa will handle the dispute process for you.
Visa Prepaid Clearinghouse Service Customer Service Department
5005 Rockside Road, Suite 600-27
Independence, OH 44131 PH Phone: (844) 263-2111
Fax: (844) 432-3609
Visa PCS Customer Service Department’s business hours are Monday – Friday, 9:00 a.m.– 5:00 p.m. Eastern.
16. Your Liability For Card Use. Tell us AT ONCE if you believe your Card or any Authorized User’s Card has been lost or stolen or is subject to unauthorized use. Telephoning is the best way of keeping your possible losses down. You could lose all the funds available on your Compass ClearSpend Card.
You will have no liability for unauthorized use of your Card or any Authorized User’s Card if (i) the Card was used for a transaction other than at an ATM, and that transaction was processed through the Visa Network; (ii) you reported the loss, theft or suspected unauthorized use of the Card to BBVA, and (iii) neither you nor any Authorized User acted in a grossly negligent or fraudulent manner in handling the Card. Otherwise, the provisions below will govern your liability for the unauthorized use of your or an Authorized User’s Card.
For all other transactions with your Card or an Authorized User’s Card, if you tell us within two (2) business days after you learn of the loss or theft of the Card or any unauthorized use, you can lose no more than $50 if someone used the Card without permission from you or any Authorized User. If you do NOT tell us within two (2) business days after you learn of the loss or theft of the Card or any unauthorized use, and we can prove we could have stopped someone from using the Card without permission if you had told us, you could lose as much as $500.
Also, if your statement shows Card transactions that neither you nor any Authorized User made, tell us at once. If you do not tell us within sixty (60) calendar days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) calendar days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Card or an Authorized User’s Card has been lost or stolen or that someone has used or may use a Card without permission, you should:
17. Our Liability. If BBVA does not complete a transfer of funds to or from a Card on time or in the correct amount according to these Terms and Conditions, we will be liable for your losses or damages. However, there are some exceptions. BBVA will not be liable, for instance:
There may be other exceptions to liability stated in these Terms and Conditions or otherwise provided by applicable law.
18. Disclaimer of Liability. In providing the Card and related services to you, BBVA disclaims any duty or responsibility other than those expressly set forth in these Terms and Conditions.
19. Our Right of Set-Off. You acknowledge that, except as otherwise prohibited by law, we have the right to set off against your Card any indebtedness or other obligations which you owe us, at any time, without any further notice to or demand on you, whether the indebtedness or other obligations exist at the time your Card is issued or arise later. The indebtedness includes, without limitation, all charges and any negative balance incurred on any account you hold with us. You agree that, subject to applicable state laws, we may set off against your Card any claim which we have against you without regard to the source or ownership of the funds on your Card.
20. Disputes. Without prior written notice to you, we may hold funds on your Card subject to a claim or we may pay the source of the claim when we receive any notice, claim, or court order which we believe may affect your Card (such as liens, garnishments, attachments, levies, injunctions, or other orders of a court or other governmental agency), regardless of the form or manner in which we receive the notice, claim, or court order and regardless of whether we are a named party to the notice, claim, or court order. We will not be responsible for refusing to let you withdraw funds from the Card or refusing to pay transactions on the Card during the time we are holding the funds because of the claim or after we have paid funds to the source of the claim.
In the event of any controversy with respect to your Card, such as a claim against funds on your Card, we may refuse to pay any funds to anyone until we are satisfied that the controversy is resolved, or we may continue to honor your authority as reflected on our records. We will not be responsible for any damages you may suffer as a result of our refusal to allow you or anyone else to withdraw funds or make charges due to the controversy, or our allowing you to continue to conduct transactions on your Card during the controversy. We also may interplead the funds on your Card in a court of appropriate jurisdiction, naming all of the claimants to the Card as defendants in the interpleader action. You agree to reimburse us for all expenses we incur in an interpleader action, including attorney’s fees and costs, and we may obtain reimbursement of those expenses from your Card without notice to you.
21. Inactive or Abandoned Cards. You acknowledge and agree that BBVA may be required to turn over to a state government authority any funds available on your Card if there are no credits to or transactions on your Card or the Cards of any Authorized Users for the period specified by applicable law (usually not less than 45 calendar days). Once a Card has been placed on inactive, certain Card transactions may be declined, you may not be able to access Card transaction history and information as provided in these Terms and Conditions, and/or you may need to contact us at the customer service number in order to reactivate the Card. Your Card and/or the funds stored on your Card also may be presumed abandoned after a period of time specified by applicable law. Card funds that are presumed to be abandoned will be escheated to the appropriate state in accordance with applicable law.
22. Termination. Each Card shall at all times remain the property of BBVA. You agree upon our request to return your Card to BBVA. Your right to have funds loaded onto your Card (referred to as “Loading Rights”) and the right of you and any Authorized User to use the Card (referred to as “Use Rights”) may be terminated as provided below:
Once your Loading Rights have been terminated:
All Loading Rights automatically terminate when your Use Rights are terminated. All Use Rights automatically terminate when:
Once your Use Rights have been terminated:
Continue to assess any fees otherwise applicable against any funds remaining on your Card.
We will send you a check for any funds remaining on your Card to the last address shown on our records for you. Subject to applicable law, you agree that, if the funds remaining on your Card are $1 or less, we do not have to return those funds to you. If we terminated your Use rights, we will send this check at no additional charge to you. If you terminated your Use rights, you agree to pay the fee specified in the Schedule of Fees in effect at the time of your termination. We have no obligation to provide you with a check for any funds available on your Card until all Use Rights have been terminated.
If, after termination of your Loading Rights and/or all Use Rights, anyone attempts to load funds to the Card, we may accept the funds and set off your indebtedness to us (including any applicable fees and charges) against these funds. Termination of your Loading Rights and/or all Use Rights, however the termination may occur, shall not affect prior transactions or obligations relating to your Card existing at the time of the termination. We will have no liability to you or any Authorized User for any damages you or any Authorized User may suffer as a result of termination of your Loading Rights or Use Rights.
23. Survival. The provisions of these Terms and Conditions that relate to any obligation or liability arising prior to termination, or the resolution of any dispute regarding such obligation or liability, shall survive the termination of these Terms and Conditions by either party. By way of example and without restricting the foregoing, the arbitration provisions contained in Section 32 shall survive termination.
24. Changes to Terms and Conditions. We may add, delete or otherwise change the provisions of these Terms and Conditions from time to time. If we make any change, we will give notice of the change to you before it becomes effective. Except as otherwise provided by applicable law, we will provide notice of any change to you at least twenty-one (21) calendar days before the effective date of the change. By retaining or using your Card after any change becomes effective, you agree to that change.
25. Changes to Your Contact Information. It is solely your responsibility to assure that the contact information you have provided to us in connection with your Card is current and accurate. This includes, but is not limited to, name, address, phone numbers and e-mail addresses. You may make changes to your contact information by contacting us as provided in Section 30 below. We shall have no liability for any payment processing errors or any fees you may incur as a result of inaccurate or outdated contact information for you.
26. Notice to You. In order to receive notices, you accept responsibility to assure that the contact information you have provided to us is always current and accurate, as required by Section 25 above.
27. Assignment. You may not transfer or assign your rights or obligations under these Terms and Conditions to any other person without our prior written consent. We may assign our obligations to you under these Terms and Conditions without your consent or notice to you. Subject to the foregoing, these Terms and Conditions shall be binding on the parties hereto and their respective successors and assigns.
28. Reductions in Fees/No Waiver/Severability. Subject to applicable law, we reserve the right, at any time and in our sole discretion, to delay imposing or not to impose part or all of any fee or other amount permitted by these Terms and Conditions or to delay exercising or not to exercise any of our other rights under these Terms and Conditions and, should we do so, we will not waive our right to impose such fee or other amount or to exercise the right as set forth in these Terms and Conditions in the future. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
29. Governing Law. These Terms and Conditions, your use of the Card, and any claim, dispute, or controversy relating to them are governed by the laws of Alabama (without regard to its conflicts of law provisions) and the laws of the United States. We make decisions about issuing BBVA ClearSpend Cards in Alabama. These Terms and Conditions are an agreement entered into between you and us in Alabama.
30. Errors and Questions About Card Transactions. In case of errors or questions about any Card transactions:
If you tell us orally, we may require that you send us your complaint or question in writing or by e-mail 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) calendar days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes 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 Card.
For errors involving new Cards (i.e., cards that have been open less than thirty (30) calendar days), point- of-sale, or foreign-initiated transactions, we may take up to ninety (90) calendar days to investigate your complaint or question. For new Cards, we may take up to twenty (20) business days to credit your Card for the amount you think is in error.
We will tell you the results within three (3) business days after completing our 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
31. Communications Consent and Monitoring. You authorize us (and our affiliates, agents and contractors) to contact you via any means you have provided us. This includes phone (including cell phone) calls and texting, as well as email, even if you are charged for it by your provider. If we need to contact you for informational purposes, to service your Account or collect amounts you owe, we may contact you using an automated dialer or using prerecorded messages. You agree that we (and our affiliates, agents and contractors) may monitor or record any communications between you and us.
32. Dispute Resolution.
This subsection a. applies if you reside outside California.
Arbitration: Either you or we may ask to settle disputes by arbitration. Arbitration is a way of working out disputes without going to court. If you or we ask for arbitration, we would all meet with a person called an arbitrator. An arbitrator is like a referee or a judge. The arbitrator will listen to what you and we have to say. The arbitrator will decide who is right. The arbitrator’s decision is called an award. The party who wins the award can take it to any court that could have heard the dispute and get an official judgment. Please read the rest of this section carefully. It explains how arbitration works.
Some Legal Rights May Not Be Available in Arbitration: After any party asks for arbitration of a dispute, neither you nor we can ask a court to hear that dispute. There will be no jury trial of that dispute. You cannot be part of any class action relating to that dispute. The right to get information from each other and other procedures may be more limited in arbitration than in court. With a few limited exceptions, the arbitrator’s award will be final and unchangeable. Other rights that you or we would have in a court also may not be available in arbitration.
Waiver Of Jury Trial: This provision limits your rights to a jury trial. You should review this section carefully. If you and we have any dispute related to these Terms and Conditions, your Account, or any transactions involving your Account and (i) neither you nor we seek to compel arbitration of the dispute, or (ii) some or all of the arbitration section is unenforceable and the dispute will be resolved in court, then you and we agree voluntarily and knowingly to waive any right each may have to a jury trial to the fullest extent permitted by law.
Attorneys’ Fees. In any action between you and us in court, the prevailing party will be entitled to receive from the other party an amount equal to the reasonable attorneys’ fees the prevailing party incurred in bringing or defending the court action.
This subsection b. applies if you reside in California.
Judicial Reference: Either you or we may ask to settle disputes by judicial reference under the provisions of the California Civil Code, Sections 638-645.1, unless the dispute is part of a class action. This judicial reference provision limits your ability to ask a court to hear a dispute and your right to a jury trial.
By agreeing to judicial reference, you and we waive, and shall not have, any right to a jury trial. You should review this section carefully. It explains how judicial reference works.
Some Legal Rights May Not Be Available in Judicial Reference: Judicial reference is a proceeding where disputes are decided by a judicial referee. The judicial referee will receive evidence at a hearing and then issue a statement of decision upon which a judgment is based. You and we agree that the referee will have the power to decide all issues of fact and law, to issue a statement of decision, and to provide all legal and equitable relief appropriate based on the evidence provided at the hearing.
It doesn’t matter whether the dispute is based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity or otherwise. It also doesn’t matter when the dispute began (whether before these Terms and Conditions, now or in the future). This judicial reference provision will continue to apply after these Terms and Conditions ends and/or after you or we close the Account.
If you or we do any of these things or take part in any other court case, it does not affect your or our rights under this judicial reference provision.
Attorneys’ Fees. In any action between you and us, regardless of whether the action is in court or in judicial reference, each party must pay its own attorney, expert, and witness fees, regardless of how the dispute is resolved.
Your Ability to Withdraw Funds Our policy is to make funds loaded on your Card available to you on the day we actually receive the funds. Once the funds are available, you can withdraw funds in cash and we will use the funds to pay your transactions on your Card.
|CLEARSPEND PREPAID CARD FEES|
|Card Purchase Fee||$0||$25 initial deposit required|
|Monthly Service Charge
(Primary Cardholder Only)
|$4||No charge with $400 or more in loads during each monthly period.
(The monthly service charge will be assessed on the 15th of the following month if load requirement has not been met for the preceding month).
|Direct Deposit||$0||Initial Load fee of $4.00 applies for the first card load|
||$0||Initial Load fee of $4.00 applies for the first card load
|BBVA Debit Card||$0||Initial Load fee of $4.00 applies for the first card load
||$0||Set by Retailer (generally $4.50 or less)
|Spending Money Within the U.S.|
|ATM in BBVA's Network
|ATM outside BBVA's Network
||$2||BBVA will not charge a fee for the first withdrawal each month from an ATM outside of BBVA's Network
|Cash Advance Fee||$0|
|Customer Service Call||$0|
|Inquiry at BBVA Network ATM
|Inquiry at Outside BBVA Network ATM
|Paper Statement Fee
||N/A||Paper statements are not offered on this product
|Card for Authorized User||$0||Max 3 additional cards
|Standard Replacement Card
|Expedited Replacement Card||$20|
|Check for Funds Fee
||$15||No charge for withdrawal of funds at any BBVA branch or any financial institution that accepts VISA
|Spending Money Outside the U.S.|
|Other Financial Institution or Network ATM||$3||BBVA will not charge a fee for the first withdrawal from an ATM outside of BBVA's Network|
|Other Financial Institution or Network ATM Inquiry
||$1||You may also be charged by the ATM operator
|All International Transactions||3%||For each Foreign/International Transaction you are charged 3% of the U.S. dollar amount of that transaction
We reserve the right to change the above fee schedule upon written notification to you as required by applicable law. We reserve the right to waive, reduce or reverse charges or fees in individual situations. When you load funds onto your Card, you may be charged a fee by the participating retail location for a Visa Load. Additionally, other financial institutions and/or ATM operators may charge for using their ATMs. BBVA will not charge a fee for the first withdrawal from an ATM each month regardless of whether that withdrawal occurs at a domestic or foreign ATM. Additional fees from other parties may be incurred such as mobile phone carriers or Internet providers. Please check with your wireless carrier and Internet provider about such fees.
|CLEARSPEND PREPAID CARD LIMITS|
|Maximum Balance of Funds on Card||$6,500|
|Maximum Amount of Any Direct Deposit Load||$6,500|
|Cash Load Limits||
$2,500 per load
|BBVA Debit Card Load Limits||
$2,500 per load
|Visa ReadyLink Load Limits||
$600 per load
|Minimum Load Amount||$25|
|Limit for ATM Transactions
$600 per transaction
|Limit for all Other Transactions||
$2,500 per transaction
|Combined Limit for both ATM and Other Transactions||$3,500 per day|
© 2019 BBVA USA Bancshares, Inc. BBVA USA is a Member FDIC and an Equal Housing Lender. BBVA and BBVA Compass are trade names of BBVA USA, a member of the BBVA Group.