This Account Holder Agreement (“Agreement”) sets forth the terms and conditions under which the Virtual Account has been issued to you. By activating and using the Account, you agree to be bound by the terms and conditions contained in this Agreement. Please read this Agreement carefully and keep it for future reference.
1. Definitions
“Business Day” means Monday through Friday, excluding federal holidays, even if we are open for business. Any references to “days” found in this Agreement are calendar days unless otherwise indicated.
“Account” means the Virtual Account issued to you by Encore Sales and Marketing, LLC and [your bank, city, state].
“Account” means the records we maintain to account for the value of claims associated with the Account.
“Issuer” means Encore Sales and Marketing, LLC and [your bank, city, state]. [your bank, city, state] is a bank chartered under the laws of the State of [your bank state] and a member of the Federal Deposit Insurance Corporation (“FDIC”).
“We,” “us,” and “our” mean the Issuer, our successors, affiliates or assignees.
“You”, “Your”, and “Account Holder” and means the person who has received an Account and is authorized by the Issuer to use the Account as provided for in this Agreement.
“Account Holder” means the person who requested the opening of the Account
and issuance of an Account.
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.
2. About the Account
You acknowledge and agree that the value available in your Account is limited to the funds loaded to your Account. The Account is a Virtual Account. The Account is not a credit Account. The Account is not a gift Account, and is not intended to be used as a gift. The Account is not a checking or savings account.
You will not receive any interest on your funds in your Account. There is no credit line associated with your Account. The Account is and will at all times remain the property of the Issuer and must be surrendered upon demand. The Account is nontransferable, may not be resold, and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Account is not offered in all states. For a current list of states where the Account is not offered, please visit. If you are located in or move to a state where we do not offer the Account, we may close your Account and return any balance to you as permitted by applicable law.
The account is for use solely at participating merchants.The Account Holder is responsible for any and all transactions and fees on the Account and any sub-accounts associated with the Account. The Account
Holder may access funds in the Account and any sub-accounts attached to the Account. The Account associated with a sub-account has the functionality of an Account as set forth in this Agreement, but the Sub-Account Holder may only access funds in the sub-account.
You agree to only use the Account for personal, family or household purposes. The Account is not designed for business use, and we may close your Account if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement. All dollar amounts stated herein are in U.S. Dollars (“dollars”) unless expressly stated otherwise.
3. Fee Schedule
All fees assessed by us are deducted from the available balance on your Account. If your available balance is insufficient to cover any transaction amount or any
transaction fee(s) assessed or both, the transaction may be declined. If your Account has a Monthly Maintenance Fee, your Monthly Maintenance Fee may cause your Account to be drawn negative for any portion of the Monthly Maintenance Fee that is not covered by your available balance.
The following fees apply to your Account:
4. Receipt of the Account
Write down your Account number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Account is lost, stolen, or destroyed. You should keep the paper in a safe place.
The Account is
5. FDIC Insurance
When you have registered and loaded your Account, there will be enough funds at the Issuer to cover the amount of money credited to your Account. The money credited to your Account will be held in a custodial account at the Issuer on your behalf. The amount of money in this custodial account is insured to the maximum limit provided by the FDIC.
1. Activating Your Account
You must activate your Account before it can be used. You may activate your Account by calling (205) 909-7849 or (612) 325-8593, or by visiting
We may refuse to allow you to activate an Account at our sole discretion
2. Your Representations and Warranties
* We may increase or decrease these limits or add additional limits from time to time in our sole discretion without prior notice to you. We reserve the right to accept or reject any request to reload value to the Account at our sole discretion. The Account may only be reloaded by the Account Holder.
The calculation of the Maximum Balance may take into consideration all similar transactions made with any other Account(s) you may have with us. Any load may be rejected in whole or in part at any time at our discretion if the amount of such load may cause the maximum balance in your Account to exceed the Maximum Balance.
For information about how to load funds to your Account, visit Presenting personal checks, cashier’s checks, and money orders to the Issuer are not an acceptable form of loading. All checks and money orders sent to the Issuer for Account loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Account at the discretion of the Issuer.
a. Limitations on Frequency of Transfers.
b. Limitations on Dollar Amounts of Transfers.
The following individual transfer limits apply to your Account during any 24-hour period:
In addition, certain transfer limits may apply to other types of transfers. We may increase or decrease these limits from time to time in our sole discretion and, to the extent permitted by applicable law, without prior notice to you.
c. Your Obligation for Negative Balances
Each time you use your Account, you authorize us to reduce your available balance by the amount of the transaction and any applicable fees. You cannot use the Account, either in a single transaction or a series of transactions, if the amount of the transaction(s) exceed(s) your available balance. Nevertheless, if the amount of a transaction exceeds your available balance, you shall remain fully liable to us for the amount of the transaction. You agree to pay us promptly for the negative balance. If you have not added sufficient funds to your Account to cover the negative balance within ninety (90) days of its creation, we may cancel your Account and pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Account you may have with us. We reserve the right to offset any negative balance by any current or future funds you may load to or maintain in your Account or any other Account or Account you maintain with us now or in the future. You are responsible for all transactions initiated by use of your Account, except as otherwise set forth herein. If you do not have enough funds available in your Account, the transaction will be denied.
d. Illegal and/or Fraudulent Account Activity
We may block or cancel your Account if, due to our policies and procedures, we detect what we reasonably believe to be illegal and/or fraudulent, suspicious or criminal activity, or any activity inconsistent with this Agreement. We will incur no liability to you because of the unavailability of the funds associated with your Account based upon illegal, fraudulent, suspicious, and/or criminal activity (intent or actions) or any business activity with an inconsistent nature related to or as described in this agreement.
e. No Warranty
We are not responsible for the delivery, quality, safety, legality, or any other aspect of the goods and services purchased from merchants with the Account. All disputes concerning those matters should be addressed to the merchants from whom the goods and services were purchased. Merchants have no authority to make representations or warranties on our behalf, to bind us or to enter into any agreement on behalf of us.
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
f. Account Refund
You may request a refund of the funds remaining in your Account by contacting us at support@encoreezpay.com, (205) 909-7849 or (612) 325-8593 and requesting a check refund. A fee may apply for check refunds. A check refund may take up to twenty (20) Business Days to be processed and delivered to you.
g. Account Replacement
If you need to replace your Account for any reason, please contact us at support@encoreezpay.com, (205) 909-7849 or (612) 325-8593 to request a replacement Account. You will be required to provide personal information which may include your Account number, full name and transaction history, copies of accepted identification and similar information to help us verify your identity
1. Tracking Available Balance
You are responsible for keeping track of your Account available balance. Merchants generally will not be able to determine your available balance. It is important you know your available balance before initiating any transaction. You may access your available balance by accessing your Account online at or by requesting this information in writing at Account Holder Services, .
2. Important Information Regarding Your Rights and Responsibilities
2. Amendment, Cancellation and Expiration
5. Federal Payments; Attachment
Account Holder Services
1309 Coffeen Ave.
Ste. 1200
Sheridan, Wyoming 82801
f. 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 either of the other organizations 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 g. 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 request 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 an 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.
This Account is issued by Encore Sales and Marketing, LLC .
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