TERMS AND CONDITIONS
This Terms and Conditions agreement ("Agreement" or “Terms” or “Terms and Conditions”) describes the terms and conditions governing the purchase, subscription to, and use of 1st Opus Inc’s (hereinafter “Company”, “We”, “Us” “Our”) products and services as described in the Definition’s section. By purchasing, accepting, or using any of Company’s Products or Services, You agree to be bound by the Terms and Conditions contained in this Agreement, and as it may be amended from time to time. Also, You agree that You are bound by this Agreement if You use Company’s Products or Services, whether You purchased Company’s Products or Services from Company or from another party, or if You received Company’s Products or Services from any other party. Please read this Agreement carefully and keep it for future reference.
We will communicate with You in English (the language in which this Agreement was agreed with You on registration for Your Account). Key information relating to Your Transactions will be provided to You in Your Account via the 1st Opus-APP and/or at the email address You register with Us. You may access, download and print this information at any time by logging in to Your Account via the 1st Opus-APP or on the web. In addition, You agree that We may provide notices or other information to You from time to time by posting it in Your Account, emailing it to Your registered email address, mailing it to Your registered physical address, calling You by phone or sending You mobile messages. Notices to You by email or mobile messages shall be deemed given twenty four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by registered mail shall be deemed to have been received three (3) Business Days after the date of mailing.
You may request a copy of any legally required disclosures (including this Agreement) from Us, and We will provide this to You in a form which enables You to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored via, for example, Our website, Your Account or by email.
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 provided in the original English text. You and Company are individually referred to herein as a "Party" and collectively as the "Parties." As used in these Terms, the singular shall include the plural, and the plural the singular. The masculine and neuter shall each include the masculine, feminine and neuter, as the context requires. All captions are intended solely for convenience of reference and shall in no way limit any of the provisions of these Terms.
Many of Company’s Products and Services are provided by independent entities (hereinafter “Product and Services Suppliers” or “Suppliers”) and they may provide their own terms and conditions document governing obtaining and use of the Product and Services Suppliers’ products and/or services (hereinafter “Supplier’s Services”). If there is any conflict between Our Terms and Conditions regarding obtaining and use of a Suppliers’ Services, the Product and Services Suppliers’ terms and conditions shall govern.
As used in this Agreement, the following terms have the indicated meanings.
"Account" means the account that is created at the time You signed up to be a Company Account Holder. Your Account will consist of one or more eWallets and may include additional Company Products, if purchased by You, or provided to You by another party and approved by Company. Your Account may also include products and services supplied by Product and Services Suppliers.
“Account Holder” means any Legal Person who has an Account with Company.
“APP” means Our computer program / software application designed to run on Your smartphone tablet, computer, or watch. Our APP stands in contrast to desktop applications which are designed to run on desktop / laptop computers, and web applications which run in mobile web browsers rather than directly on the mobile device.
"Bank" or "Issuer" means any bank (as that term is understood in the financial services industry) or financial services entity that provides a payment card.
“Benefits” means the products and/or services that may be provided to an Account Holder either by Company or by one of Our Products And Services Suppliers. These Benefits may be provided without dharge to the Account Holder, or my only be provided for a fee.
“Business Day(s)” means any day that is not a weekend or a legal federal holiday in the United States of America, and any day(s) not indicated as a Business Day(s) shall be understood to be Calendar Day(s).
“Card Organization” means Visa, Mastercard, American Express and any other organization so designated by Company, which provides their payment products to Company or any Product and Services Supplier for provision to Account Holders.
"Card" means collectively a Physical Card and a Virtual Card.
"eWallet" means a virtual electronic purse provided to each Account Holder.
"Calendar Day(s)" means the twenty-four (24) hour period running from 12:00 a.m. USA Eastern Time on a calendar day to 12:00 a.m. USA Eastern Time on the next calendar day unless otherwise specified
“Load Method” means all of the methods that Company offers to enable You to load money from Your funds sources outside of Company. These may include, but are not limited to, loads of funds by Credit Card / Debit Card, from Your bank account, Direct Deposit transfers from an employer’s bank account, remote capture of a persona check from Your personal bank account, and others. However, a specific Product and Services Supplier may not allow loads onto their products and/or services by any or all of the load methods offered by Company. In this case You will not be allowed to load the Product and Services Suppliers’ products and/or services by a prohibited means.
“Legal Person” means any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so forth.
“Merchant Community” means any retail merchant or services supplier that accepts a Card Organization payment method.
"Mastercard" means Mastercard Incorporated and any of its regional organizations.
“1st Opus-APP” is an application designed to run on Your Apple or Android smartphone.
“Physical Card” means a Card Organization physical card made of plastic, metal or some other material with an inlayed CHIP, a magnetic stripe and other features that is attached to an Account, which an Account Holder may obtain from Us or may be provided to Them in another manner and can be used at point of sale merchants, ATM and for online purchases.
“PIN” means a personal identification number that is used as a security measure on ATM transactions and certain POS transactions.
“Products” means all Company tangible or intangible goods that are sold and / or provided to Company’s customers.
"Products and/or Services" means the products and/or services offered to Account Holders by Company.
"Service" and/or "Services" means all Company functionality provided to You.
“Security Code” means the three (3) or four (4) digit code that is provided to You when You obtain a Virtual Card, or is printed on the card when You obtain a Physical Card.
"User ID" means the letters and characters chosen by an Account Holder, or assigned by Company to identify an Account.
"Virtual Card" means a Card Organization card number, with no physical card provided, that is attached to an Account, which an Account Holder may obtain from Us or may be provided to them in another manner.
"Visa" means Visa Incorporated and any of its regional organizations.
"We", "Us", and "Our" mean Company, Our successors, affiliates and assigns.
“Withdrawal Method” means any of the methods offered by Company, at Our sole discretion, that allows Account Holders to move funds from their Account or their Card to an external account.
"You", "Your" and “My” means the entity or legal Person who is purchasing, accepting or using Company’s Products and/or Services and/or a Supplier’s Services.
II. ELIGIBLE USERS
Our Products and Services are sold or provided only to Legal Persons, meaning those who are of legal age and who are capable of forming legally binding contracts under applicable law. We may, in Our sole discretion, at any time, refuse to allow You to purchase, fund or use any of Our Products or Services or Supplier’s Services. Also, any one of Our Suppliers may refuse to provide You access to their Services.
III. COMPANY ACCOUNTS AND CARDS
A. Company Accounts
A.1. An Account with Company was: (i) opened for You at the time You signed up for an Account; (ii) when an Account was provided to You by another party; or (iii) when You were provided an Account in any other manner. Your Account consists of an eWallet and any other Company Product provided to You, and may include a Virtual Card provided to You by one of Our Suppliers. You may access Your Account using a unique User ID and password that You were asked to set up at the time You were provided Your Account.
A.2. When You signed up for an Account, or when You received an Account from another party, We provided an eWallet to You.
A.3. To use Your Account, You must sign on to Your Account by entering Your User ID and password. You can load funds onto Your Virtual Card by loading methods provided by Company; (ii) move funds to and from any Card Organization product that is linked to Your Account if allowed by the relevant Product and Services Supplier; and (iii) use funds from Your eWallet to purchase other Products and Services provided by Company and/or Our Merchant Community. Additionally, You may withdraw funds from Your eWallet to withdrawal mechanisms provided by Company including, but not limited to, ATM transactions and bank/wire transfers. These Services will be subject to all applicable fees, that are available on eWallet and on Our website.
A.4. Your Virtual Card is designed to: (i) enhance security and maximize the protection of Your funds; (ii) facilitate the use of Your funds within Company’s environment; and (iii) protect Your funds and transaction information when using Your Virtual Card and Physical Card. By keeping funds on Your Virtual Card until You are ready to spend the funds, You can ensure that funds in Your Account are safe in the event that Your Card Organization products are compromised or Your Card is lost or stolen.
A.5. We neither accept nor assume any liability to ensure that goods or services that You purchase using Your eWallet from Our Merchant Community are as advertised for sale or will meet Your satisfaction.
A.6 When You move funds to another 1st Opus Account Holder from Your eWallet to their eWallet, these movements are final and cannot be disputed.
B. The Virtual Card provided by one of Our Product and Services Suppliers
B.1. You may have obtained a Virtual Card at the time You obtained Your Account. Your Virtual Card information was delivered to You electronically on the 1st Opus-APP after the sign up process and You were provided specific information about Your Virtual Card at that time. This included a card number, a Security Code, and the expiration date of Your Virtual Card. A Virtual Card is not a Physical Card.
B.2. Your Virtual Card can be used at most Internet merchant website throughout the world that accepts the brand of Your Virtual Card. To use Your Virtual Card, provide the card number, the security code, if applicable, and the expiration date to the Internet merchant. We reserve the right in Our sole discretion to prohibit acceptance of Your Virtual Card at certain Internet merchant websites that accept the relevant Virtual Card.
B.3. Some merchants such as rental car agencies and hotels may not accept Your Virtual Card to reserve an automobile or a hotel stay. There may be other merchants who will also not accept Your Virtual Card even though You have adequate funds on Your Virtual Card.
B.4 Some merchants at gasoline stations may authorize a fixed amount at an Automatic Fuel Dispenser (“AFD”) of up to US$100 prior to allowing You to use the AFD. However, the actual amount of Your AFD purchase will be reflected on Your Account balance shortly after You have completed Your fuel purchase, usually within forty eight (48) hours.
B.5. We neither accept nor assume any liability to ensure that goods or services that You purchase using Your Virtual Card are as advertised for sale or will meet Your satisfaction.
C. The Physical Card is provided by one of Our Product and Services Suppliers
C.1. You may purchase a Physical Card at the time You obtained Your Account, or at any time thereafter.
C.2. If You have obtained a Physical Card, or someone provided a Physical Card for You, We will mail Your Card to Your residence address that was provided to Us. The Physical Card will display Your name, a card number, a Security Code, and the expiration date of Your Physical Card. Your Physical Card’s card number will not be the same as Your Virtual Card Number and they may have different expiration dates. Once You receive Your Physical Card, You will be required to go onto Our website at www.1stOpus.com and/or log into Our APP to authenticate Yourself, activate Your Physical Card, and create Your own PIN. DO NOT KEEP YOUR PIN WRITTEN DOWN IN ANY LOCATION THAT MAY BE ACCESSED BY ANYONE NOT AUTHORIZED BY YOU.
C.3. Your Physical Card can be used at any merchant worldwide that has the ability to accept cards with the same branding as Your Physical Card. You can use Your Physical Card by: (i) inserting Your Physical Card into a Point-of-Sale (“POS”) terminal that reads EMV CHIPs and entering Your PIN into the POS terminal; (ii) inserting Your Physical Card into a POS terminal that reads EMV CHIPs and signing the transaction receipt; (iii) passing Your Physical Card near a reader that reads a Near Field Communications (“NFC”) chip; (iv) swiping the magnetic stripe on the Physical Card, and either entering Your PIN on a PIN pad, or signing a transaction receipt; and (v) providing Your Physical Card number and other requested information to an online or telephone merchant. You may also be able to use Your Card at some merchants who will key Your Card number, expiration date and Security Code into a physical terminal. At some merchants in certain countries for certain transactions, Card Organization rules provide that You may not be required to either enter Your PIN or sign a transaction receipt. In both aforementioned cases, Your Card must be electronically authorized and You will be responsible for these transactions as if You had entered Your PIN or signed the transaction receipt.
C.4. Your Physical Card may also be used to withdraw available funds from Your Account at any ATM bearing the same branding as Your Physical Card by: (i) inserting Your Physical Card into a POS terminal that reads CHIPs and entering Your PIN into the POS terminal; (ii) swiping the magnetic stripe on the card and entering Your PIN; or (iii) passing Your Physical Card near a reader that reads a Near Field Communications (“NFC”) chip and entering Your PIN. Notwithstanding the above regarding acceptance of Your Physical Card, We reserve the right to prohibit acceptance of Your Physical Card at certain merchants and/or merchant categories and/or ATMs that generally accept Your Physical Card, at Our sole discretion.
C.5. We neither accept nor assume any liability to ensure that goods or services that You purchase using Your Physical Card are as advertised for sale or will meet Your satisfaction.
D. Cards are not Credit Cards
THE VIRTUAL CARD, AND THE PHYSICAL CARD ARE NOT CREDIT CARDS. NO INTEREST WILL BE PAID ON THE FUNDS YOU TRANSFER INTO YOUR ACCOUNT. SUCH FUNDS MAY BE INSURED BY A GOVERNMENT AGENCY. IF SUCH FUNDS ARE SO INSURED IT WILL BE DISCLOSED TO YOU ON THE TERMS AND CONDITIONS OF THE SUPPLIER. ALL FUNDS YOU PLACE IN YOUR ACCOUNT WILL BE HELD IN EITHER YOUR VIRTUAL ACCOUNT, OR ON YOUR PHYSICAL CARD ACCORDING TO YOUR PREFERENCE.
IV. COMPANY PRODUCTS AND SERVICES
The Company provides some or all of the Services listed in this section.
Please see Our Fee Schedule at www.fees@1stOpus.com for a listing of fees We charge. The Products and Services Suppliers may charge You additional fees.
A.1. Peer to Peer Service (“Peer-to-Peer”)
Subject to the conditions and limitations in this Agreement, Our Peer-to-Peer service can be used to effect secure, online Account-to-Account funds transfers over the Internet using the funds in Your Account. Funds transfers can be made electronically by You to other Account Holders, or by other Account Holders to You. If You are trying to transfer funds to another Account Holder and there are insufficient funds in Your Account, We will not complete the transaction. We reserve the right, in Our sole discretion, to limit the number and/or individual transaction value and/or accumulated value of Peer-to-Peer transactions and of any funds transfers You can make or receive daily or within any other period of time of Our choice from or to Your Account. All Peer-to-Peer transactions have no charge to You and will be as soon as reasonably possible, usually instantaneous.
We will take no action to resolve disputes between You or the recipient of Your Peer-to-Peer transaction.
A.2. Retail Store Location Cash Loads
Cash loads to Your card may be available at certain retail locations and ATMs located in the United States. You can find these location using the 1stOpus-APP.
A.3. The Direct Deposit Service
A.3.1. The Company may provide You with the opportunity to deposit any or all of Your net payroll amount onto Your Account. You will be required to fill out a permission slip provided by Us on the 1st Opus APP, which We will use to notify Your payroll processor to send Your net payroll amount to Us.
A.3.2. We will not be responsible for any US state or federal taxes that may be assessed against Your payroll.
A.3.3. We have no control over how long it will take Your payroll processing company to process Your Direct Deposit request and initiate sending Your payroll funds to Us for credit to Your Account. Nor do We have any control over the timing or accuracy of Your payroll processing company to correctly initiate Your Direct Deposit request.
A.3.4. We will deposit Your payroll funds to Your Account within twenty four (24) hours of receipt by Us, if the funds are received by Us on a business day. If Your payroll funds are received by Us on a weekend or US national holiday, We will credit Your payroll funds to Your 1st Opus Account on the business day following the weekend or the holiday.
A.3.5. You may revoke /cancel the deposit of Your entire pay check or other amount by notifying Us in writing or by notifying Your payroll processor or through Your employer, if that is allowed by them. If You notify Us, We will immediately notify Your payroll processor to no longer send Your selected payroll amount to Us. We have no control over how long it will take Your payroll processor to cease sending Your selected payroll amount to Us and are not responsible for any financial problems the delay may cause You. In addition, if We notify Your payroll processor to no longer send Your payroll amount to Us, We have no responsibility for where Your payroll processor may send Your payroll amount.
A.3.6. Any fee that We may charge for Your use of the Direct Deposit Service is documented in the attached Fee Schedule.
A.3.7. The permission slip We will provide You to have Your payroll processor to send Your selected payroll amount to Us will contain, at minimum, the following language:
“I authorize my Employer / Payor___________________________ to initiate credit entries for the direct deposit of my entire pay check or other amount, to my Account on a recurring basis, including, if necessary, to initiate any debit entries and adjustments to correct any erroneous credit entries. This authorization will remain in effect until I revoke (cancel) it in writing.”
A.4. ACH Loads from Checking Accounts
A.4.1. The Company may provide You with the opportunity to load Your 1stOpus Account using a personal check drawn on Your personal bank account.
A.4.2. If You select this Supplier’s Service You will be hyperlinked to the Product and Services Supplier providing this Supplier’s Service and You must provide the information that they require. If We provide this Supplier Service to You, You will find a link on Your copy of the 1stOpus-APP.
A.4.3. If any, Our Fees for the use of this Supplier’s Service are identified in Our Fee Table. You may be charged additional fees by the Product and Services Supplier who provides this Supplier’s Service to You.
IV. PROTECTING YOUR ACCOUNT
Your Account information, including information regarding Your Account, Your Virtual Card number and Security Code and, if applicable, Your Physical Card number, Security Code, and PIN, as well as Your Account User ID and password, is important information which You agree to keep confidential in order to prevent others from using Your Account without Your authorization. Specifically, under this Agreement and for Your protection, You agree:
- not to disclose Your Account User ID or password or, if applicable, Your PIN, or otherwise make these available to any other person. If You do make these available to any other person, You will be deemed to have authorized that person to use Your Account; and,
- not to use Your Card as a means of identifying Yourself to any other person; and,
- not to disclose Your Account information, Your Card numbers or Security Code(s), or otherwise make these available to any other person, unless You intend to make a purchase from that person or authorize that person to use Your Account. If You do make these available to any other person, You will be deemed to have authorized a transaction from that person and/or to have authorized that person to use Your Account; and,
- to use Your Account, Card numbers, Security Code(s), Account User ID and password and, PIN only in a manner authorized under the Terms of this Agreement; and,
- to promptly notify Us of any loss, compromise or theft of Your Account, Your Card numbers, Security Code(s), Account User ID, password and/or PIN; and,
- that You will be liable for all transactions made by a person You authorize or permit to use Your Account, Card numbers, Security Codes, Account User ID or password and/or PIN. If You permit someone else to use Your Account, Card, Account User ID or password and/or PIN, You will be responsible for all transactions made by that person with the Card, and/or Your Account; and,
- that any unauthorized person who obtains access to Your Card, Your Card numbers, Security Codes, Account User ID and password, token Card and/or PIN may use the funds in Your Account up to the full balance in Your Account, and in such event, in the absence of any intentional or grossly negligent act by Us or Our representatives, We will not be responsible for or liable to You for use of any such funds.
YOU WILL NEVER BE ASKED BY US, WHETHER BY VIA EMAIL, REGULAR MAIL OR TELEPHONE, FOR ANY REASON, TO DISCLOSE YOUR ACCOUNT PASSWORD OR PIN. INQUIRIES BY US ASKING YOU TO PROVIDE YOUR ACCOUNT PASSWORD AND/OR PIN WILL ONLY BE CONDUCTED ONLINE AND AFTER YOU HAVE SIGNED ONTO THE COMPANY WEBSITE. WE WILL NEVER SEND YOU AN EMAIL REQUESTING THAT YOU ACCESS THE COMPANY WEBSITE BY CLICKING ON AN EMBEDDED LINK IN THE EMAIL AND THEN REQUIRE YOU TO PROVIDE YOUR ACCOUNT PASSWORD AND/OR PIN. IF YOU RECEIVE SUCH AN EMBEDDED LINK, YOU ARE CAUTIONED NOT TO OPEN IT! IT IS NOT FROM US AND IS LIKELY FRAUDULENT.
VIII. USING YOUR ACCOUNT
A. Each time You use Your Account, whether by using Your Virtual Card, or Your Physical Card, to make a purchase or transfer funds to another Account Holder, the amount of the transaction will be immediately deducted from Your Card balance. We will also deduct from Your Account balance all applicable Fees as specified below in Part XI. You are not allowed to exceed the funded balance in Your Account by any individual transaction or series of transactions.
B. Subject to the restrictions described in Parts IV through Part VI, You may add funds to Your Account by using any funding method that may be made available to You by Us. You may add funds by one of these methods to Your Account during relevant normal banking hours or twenty four (24) hours a day, seven (7) days a week, subject to any limitations We may place on Your Account, by going to Our APP and/or Our website at www.1stOpus.com. You are responsible for paying any applicable taxes on funds added to Your Account, which will be in addition to the Fees We may charge You as specified on Our website. Funds added to Your Account will become available for use immediately upon actual transfer subject to Parts IV.A.(3), IV.B.(3), V.A.(3), VI.A.(3), and VI.B.(3), except that funds added to Your Account by certain banking methods will not become available for Your use until the transfer clears Your bank or seven (7) business days, whichever is later. We reserve the right, in Our sole discretion, to change the minimum value and to set and change a maximum value that may be added to Your Account at any given time and without prior notification to You.
IX. ACCOUNT RENEWAL
Your Account will not expire. Your Card will most likely expire after a period dictated by Our Product and Services Supplier. Our Product and Services Supplier may charge You a renewal fee and a Physical Card replacement fee.
X. Closing Your Account
A. Should You wish to close Your Account, You may do so on written notice to Us, and on such notice, all transactions on Your Account must be cleared, which could take up to thirty five (35) Calendar Days. Once You notify Us of Your intention to close Your Account, You may withdraw any remaining funds in Your Account by either: (a) using Your Virtual Card to purchase goods or services at any Internet merchant website worldwide that accepts cards bearing the logo of Your Virtual Card; (b) using Your Card to purchase goods or services at any merchant worldwide that has the ability to accept cards bearing the logo of Your Card by swiping the magnetic stripe on the card and allowing You to either enter Your PIN on a PIN-pad or sign the transaction receipt or inserting Your Card into a CHIP reader and entering Your PIN on the PIN-pad; or (c) using Your Card to withdraw funds at any ATM which accepts Your Card. You may also receive any remaining funds in Your Account by providing Us with a photocopy of a current, valid government-issued ID with Your picture on it. We will then return to You any funds remaining in Your Account less a US$50 Funds Return Processing Fee which will be deducted from Your Account before such funds are returned to You. If, after You close Your Account, there are unused funds in Your Account, We reserve the right to charge Your closed Account with a Monthly Dormant Account Fee as described on Our App and Our website. Notwithstanding the above regarding acceptance of Your Virtual Card or Your Card, We reserve the right, at Our absolute discretion, to prohibit acceptance of Your Card at certain merchants and/or classes of merchants.
B. We reserve the right at Our sole discretion to block access to or to close Your Account if: (i) You load funds onto Your Account from any source that You do not have the legal right from which to transfer funds; (ii) You violate the Terms of this Agreement; or (iii) We are so directed by the order of a court of competent jurisdiction or a relevant regulator. Should We close or block access to Your Account for the reason identified in this Section X.B(i) and/or this Section X.B(ii), You may immediately be required to forfeit the remaining funds in Your Account.
A. Your Account may or may not attract Fees depending on Your Account type and the type of the relevant transaction. We will deduct these Fees directly from Your Account, the value of which are specified on Our website. You hereby authorize Us to deduct the Fees from Your Account balance without prior notice. We retain the right in Our sole discretion to add new Fees, remove Fees and/or change these Fees at any time. Should We change these Fees, We will publish the change on Our website and by providing a fee-change message in Your Account Message Center. Your first use of Your Account after We provide notice of a Fee change is Your agreement to accept the Fee change. Should You desire not to accept the Fee change published do not use Your Account. You may then cancel Your Account according to the Terms of this Agreement
B. Please follow this link www.fees@1stOpus.com to review the fees that We assess, and those of Our Service Suppliers assess, if any, for obtaining and using their products and services.
C. We reserve the right to change, modify or increase the Fees and/or Account Service Fees from time to time without notice. Any such changes, modifications or increases will be effective upon posting such changes, modifications or increases in a revision to this Agreement on Our website www.1stOpus.com. If You do not agree to the posted changes, modifications or increases, You may close Your Account as provided above in Part X. Your first use of Our Products and Services following the posting of any changes or revisions to the Terms of this Agreement will constitute Your acceptance of all such changes or revisions.
D. If there are insufficient funds in Your Account to satisfy any Fees at the time any such Fee is assessed, We reserve the right to place a pending charge on Your Account and deduct such Fee when sufficient funds have been loaded onto Your Account. Unless otherwise expressly provided herein, no Fees hereunder are refundable at any time or for any reason.
Each time that You use Your Account the transaction will be electronically authorized to ensure that sufficient funds are available in Your Account.
XIII. ONLINE COMPANY ACCOUNT STATEMENT
A statement of the balance and activity on and the status of Your Account is available to You in electronic format for viewing online anytime by contacting Our customer service department at www.1stOpus.com . You may review online at any time all transactions that have taken place in the previous thirty (30) days. If You no longer consent to receive Your online Account statement electronically, We reserve the right to terminate and/or close Your Account as provided above in Part X. You may also call Our Account Holder Services Center at the contact details on Our website to obtain information on Your Account.
XIV. FAILURE TO COMPLETE TRANSACTIONS
A. We accept no liability for failing to complete any transaction for which You have not loaded sufficient funds onto Your Account. We are not responsible if You do not have enough funds in Your Account to complete a particular transaction. If a transaction is denied because of insufficient funds in Your Account, You may access Our online services by visiting Our website at www.1stOpus.com and load additional funds into Your Account. The fee for loading additional funds into Your Account is listed above in Part XI. If You are uncertain as to the exact balance available in Your Account, please review Your online Account statement at www.1stOpus.com or call Our Account Holder Services Center at the contact details on Our website to verify Your Account balance prior to attempting to make a transaction.
B. Neither We nor the Bank will have any liability whatsoever for the failure of any merchant or ATM owner to accept or honor Your Card.
XV. INTERNATIONAL TRANSACTONS
A. Transactions on Your Card
The Services provider of Your Card will set the currency conversion rate on Your Card and may charge a separate fee for an International Transaction.
XVI. DISPUTES, RETURNS AND REFUNDS
A. You agree to attempt to first settle all disputes concerning transactions You make using the funds in Your Account with the merchant(s), and/or ATM owner and/or individual(s) with whom You made those transactions. If You notify Us that You dispute a transaction and You have not first attempted to settle that dispute, We reserve the right to require You to first attempt to settle the dispute before We will take any action on Your behalf. If You want Us to attempt to resolve the dispute (and providing You have first attempted to resolve the dispute Yourself), You must notify Us within sixty (60) days of the transaction date of the disputed transaction that You have not resolved Yourself. If We do not receive notification within sixty (60) days of the transaction date, We will not attempt to resolve the dispute. If We receive notification within the sixty (60) day time period, We will attempt to resolve the dispute with the merchant(s), and/or ATM owner and/or individual(s), in accordance with the relevant International regulations in force at the time of Your transaction.
B. If You are entitled to a refund for any reason for goods or services obtained with funds in Your Account, You agree to accept credits to Your Account as the only method of refund. We accept no liability to ensure that goods or services that You purchase through any transaction will meet Your satisfaction.
C. You are responsible for all transactions made on Your Account, except as otherwise provided in this Agreement. Should Your Account develop a negative balance due to delayed or erroneous posting of any transaction due to processing or operational errors, Company reserves the absolute right to make a charge or charges to Your loading payment mechanism in order to bring Your Account to a zero (US$0) balance.
XVII. LOSS OF OR UNAUTHORIZED USE OF YOUR ACCOUNT
YOU ARE RESONSIBLE FOR ALL USES OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOUR ACCOUNT IS NOT A CREDIT CARD ACCOUNT AND IS NOT PROTECTED BY LAWS COVERING CREDIT CARDS SUCH AS THE UNITED STATES FEDERAL TRUTH IN LENDING ACT.
XVIII. QUESTIONS RELATING TO YOUR ACCOUNT, HOW TO DISPUTE ERRORS
A. If You need more information about a transaction shown on Your online Account statement, or if You think there is an error on Your online Account statement, You may contact Us via email at info@1stOpus.com.
B. When You contact Us for more information about a particular transaction shown on Your online Account statement, You must provide Us the following information:
- Your name and Your Account number.
- The name of the merchant as it appears in Your online Account statement.
- A description of the error or the transaction You are unsure about and an explanation of why You believe it is an error or why You need more information in order to identify the transaction.
- The US Dollar amount of the transaction in question
- The date of the transaction.
C. Never give Your Account password or PIN to anyone whoM You do not intend to authorize to use Your Account.
D. We will promptly investigate Your complaint or question and will correct any error made by Us.
XIX. ERROR RESOLUTION PROCEDURES
If You believe an error has occurred in Your Account, promptly provide notice through https://1stOpus.com or write to [ put in your physical mail address ]. We will allow You to report an error until sixty (60) Calendar Days after the earlier of the date You electronically access Your 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 can access the electronic history of Your Account when You sign onto Your Account. If You believe and error has been made, You will need to tell Us: (1) Your name and Account User Name; (2) why You believe there is an error, and the dollar amount involved, and (3) approximately when the error took place. If You tell Us orally, We will require that You send Your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days, unless the dispute resolution team determines an exceptional basis exists, We may take an additional five (5) Business Days in which to inform You of Our resolution of Your concern, after We hear from You and will correct any error promptly. If We need more time, however, We may take up to fifteen (15) days to investigate Your complaint or question. If We ask You to put Your complaint or question in writing and You do not provide it within ten (10) Business Days We may not be able to resolve Your issue. 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 and debit Your Account, if We have made a provisional credit, for the amount of the provisional credit. You may ask for copies of the documents that We used in Our investigation. If You need more information about Our error-resolution procedures please email legal@1stOpus.com.
XXI. RELEASE FROM THIRD PARTY LIABILIT
A. Except as specifically provided in this Agreement, neither We nor the Bank will be liable for any loss or liability resulting in whole or in part from any act or failure to act of Your computer equipment or software, or that of an Internet service provider, an Internet access provider, an online service provider or an agent or subcontractor of any of them. Further, neither We nor the Bank will be responsible or liable for any indirect, special or consequential, economic or other damages arising in any way out of or related to the use of Your Account.
B. The total cumulative liability of Us and the Bank to You for any direct damages arising in any way out of or related to Your use of Your Account shall be limited to the total amount of funds in Your Account at the time of the loss sustained by You.
XXII. CHANGE OF TERMS, NOTICES
A. Except as otherwise provided by law, We may at any time change the Terms of this Agreement or any policies or terms of service governing use of Your Account, including without limitation, changing or increasing fees. Any changes will be effective upon posting the changes or revisions on Our web site at www.1stOpus.com . If You do not agree to the posted changes or revisions, You may terminate and/or close Your Account as provided below in Section XXIII – General Provisions . Your first use of Our Products and Services following the posting of any changes or revisions to the terms of this Agreement will constitute Your acceptance of changes or revisions.
B. By entering into this Agreement and using Our Products and Services, You agree to receive notice of changes or revisions to this Agreement electronically rather than on paper.
XXIII. INSURANCE OF FUNDS
The funds in Your eWallet are insured by the Federal Deposit Insurance Corporation (“FDIC”) up to the maximum of US Dollars Two Hundred Fifty Thousand (US$250,000) or other amount which is set by the FDIC.
XXIV. GENERAL PROVISIONS
A. This Agreement is entered into in the country of the United States of America ("USA"). This Agreement and any dispute between You and Us arising out of or related hereto, except for allegations that You have infringed or have threatened to infringe Our intellectual property rights, shall be exclusively governed by and subject to the laws of the USA, without regard to any principles of conflicts of laws thereof, whether or not Your Account or any Cards associated therewith are used outside of the USA. Venue for any suit or claim arising out of or related hereto, except for allegations that You have infringed or have threatened to infringe Our intellectual property rights, shall exclusively be in the courts of the USA, and by entering into this Agreement You irrevocably consent to the personal jurisdiction of the courts of the USA. If We allege that You have infringed or have threatened to infringe Our intellectual property rights, then in addition to any other rights and remedies We may have, We may seek preliminary or permanent injunctive relief from any court of competent jurisdiction, and any such claims shall be governed by the laws of the USA, without regard for any principles of conflicts of laws thereof. Any claim that You seek to initiate arising out of or related to this Agreement must be brought within one year of the event giving rise to the claim.
B. You may not assign Your obligations under this Agreement. We may assign or delegate all or certain of Our rights and responsibilities under this Agreement to another company, to independent contractors or other third parties.
C. All Cards associated with Your Account remain the property of the Bank. We may terminate Your right to use such Cards and/or Your Account at any time as provided as provided in this Agreement. You may cancel this Agreement by notifying Us as provided above in Part X. Your termination of this Agreement will not affect any of Our rights or Your obligations arising under this Agreement prior to termination. We reserve the right in Our absolute discretion to issue You a card from a different bank and move the funds from Your Card to this card. You will not be charged any additional fees for this new card and, at minimum, this card will provide You with all of the functionality on Your old Card.
D. Use of all Cards associated with Your Account is subject to all applicable rules and customs of any clearinghouse or other association involved in processing transactions.
E. We are not Your agent, fiduciary, trustee or other representative. Nothing expressed in, mentioned in or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of You and Us.
F. We do not give up Our rights by delaying or failing to exercise them at any time.
G. If any term of this Agreement is found by a court of competent jurisdiction to be illegal or not enforceable, all other Terms will remain in effect.
H. If We take legal action against You because of default in the terms of this Agreement, You must pay reasonable attorneys’ fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.
I. Neither We nor the Bank will be liable for the failure of Us or the Bank to perform any obligations under this Agreement due to events beyond Our control and/or the control of the Bank, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond Our control and/or the control of the Bank include, but are not limited to, acts of God, war, civil commotion, labor disputes, equipment failures, bank failures, Card Association failures, strikes, fire, flood, earthquake or other casualty, shortages of labor or material, government regulation or restriction, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, disruptions on account of or caused by vandalism, theft, phone service outages, Internet disruptions, viruses, and mechanical, power or communications failures. If, after the date of this Agreement, any law, regulation, rule, regulation or decision of or of any other funding method association, or ordinance, whether federal, state, or local, becomes effective which substantially alters Our ability to perform services hereunder, We shall have the right to cancel this Agreement, with notice, if reasonably possible, effective upon the earlier of (i) the date upon which We are unable to provide Our customary services hereunder, or (ii) thirty (30) Days following notice.
J. If Our Products or Services or any Account are to be issued to or used by any business, We reserve the right to vary and/or add to these terms and conditions as We may in Our sole discretion consider appropriate.
K. Your Account, the funds in Your Account, all Card(s) associated with Your Account, and all of Our Products and Services shall not be used as payment for an illegal transaction or for any other illegal purpose. Should We suspect that Your Account, the funds in Your Account, any Card(s) associated with Your Account, or any of Our Products and Services have been, are being, or may be used as payment for an illegal purchase or for any other illegal purpose, or We find or suspect that the government-issued IDs or other documents You have submitted to Us are false, illegally obtained, fraudulent, or otherwise altered, then We shall have the right, in Our sole discretion, to terminate and/or close Your Account immediately, report any and all relevant or potentially relevant information to the appropriate governmental authorities and recover any and all funds which were illegally or fraudulently obtained and/or used.
L. Company Electronic Disclosure Consent
L.1. You must read and agree to the following Company Electronic Disclosure Consent permitting Us to send You important information relating to Your Account electronically. When You have carefully read this disclosure, give Your consent by selecting the "I agree" button at the bottom of the page. If You do not accept these Terms You will not be able to purchase an Account, obtain an eWallet, a Virtual Card, or purchase a Card, and You will be returned to Our home page.
L.3. You have the right to withdraw this consent, but if You do, We will immediately terminate Your Virtual Card and/or Your Card and close Your Account. To withdraw Your consent, please contact Us by using Our online services at www;1stOpus.com or call Us at the contact details on Our website. Your Account may be subject to an Account Closing Service Fee. If an Account Closing Service Fee is applied, as specified herein, this fee will be disclosed to You.
By selecting "I Accept" below, I understand and affirm that:
- I am over the age of eighteen (18) years;
- I agree to the Terms and Conditions;
- I consent to receive disclosures in electronic form in connection with My use of the Account, including the eWallet, and (if applicable) the Virtual Card and the Card.