C. TRANSACTIONS ON THE ACCOUNT

The following terms are used to describe Electronic Funds Transfer (“EFT”) services. “Automated credits” or “direct deposits” are deposits made to the Account by electronic means. “Automated debits” and “automated payments” indicate payments authorized by you to be made from the Account by electronic means. When you accept direct deposits or authorize automatic payments/debits or transfers to or from the Account, the following special terms and conditions apply.

1. Types of Electronic Funds Transfers Available

• You may arrange with another party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to your Account.
• You may authorize another party, such as a merchant, to make a one-time or recurring payment(s) using the Account and bank routing numbers, directly from your Account subject to the established limitations on withdrawals and transfers.
• You may also direct that funds be transferred from your Account to an optional Savings Account and transfers made to other external accounts you own using the transfer option in the Mobile App or Website.
• You may use the Card to make purchases at merchants that accept the Card or to obtain cash at ATMs, Over The Counter cash and, subject to availability, cash back at POS terminals.

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

3. Cards
You acknowledge and agree that the funds accessible through use of the Card is limited to the available funds of the Account. You agree to sign the back of your Card immediately upon receipt. The Card is the property of the Bank and must be surrendered upon demand. The Card is nontransferable and it may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law. You must activate your Card before it can be used. To do so, please visit https://account.kudzumoney.com, or call Customer Care.

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

4. Personal Identification Number (“PIN”)
You will not receive a PIN with your Card. However, you will be prompted to select a PIN when you activate your Card.

You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately.

5. ACH Debits
An “ACH Debit” transaction is a debit via automated clearinghouse directly from your Deposit Account transferred to another bank account. Kudzu will enforce limits with respect to ACH Debit activity on Accounts. Funds will be held for a minimum of three business days for all ACH Debits processed in the Mobile App or Website.

6. Transaction Limits
With your PIN, you may use the Card to obtain cash from your Account at any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Visa®, Interlink®, Plus®, STAR®, Allpoint® acceptance mark(s). All ATM transactions are treated as cash withdrawal transactions. You may use the Card at an ATM and withdraw funds at a participating bank (Over The Counter “OTC” withdrawals). These are the itemized cash access and spending limits for your Account or Card. Any funds withdrawn from a POS device will be subject to the maximum amount that can be spent on your Card per day.

You may purchase or lease goods or services everywhere Visa debit cards are accepted as long as restrictions (see examples described below) do not apply. Each time the Card is used, you authorize us to reduce the value available in Account by the amount of the transaction and any applicable fees. If the 16-digit Card number is used without presenting Card (such as for a mail order, telephone, or internet purchase), the legal effect will be the same as if Card itself had been used. Some merchants do not allow customers to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Deposit Account. 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.

For security reasons, we may, with or without prior notice, limit the type, amount, or number of transactions you can make with Card. We may also exercise additional restrictions which include but are not limited to: restricted geographic or merchant locations where there is a higher risk of fraud or illegal activity; restrictions to comply with laws or to limit our liability; and other restrictions to prevent fraud and other losses. You may not use your Card for any illegal transaction.

7. Preauthorized Transfers
Right to Stop Payment and Procedure for Doing So: If you have arranged in advance to make regular payments out of your Account, you can stop any of these payments. Here's how: you should first contact the applicable merchant or third-party service provider to cancel the recurring payment. If the merchant or service provider with whom you have arranged recurring payments from your Account is unable or unwilling to stop your payment, contact Customer Care, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.

Notice of Varying Amounts: If these regular payments may vary in amount, the person you are going to pay may tell you, 10 days before each payment, when it will be made and how much it will be. (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.)

Liability for Failure to Stop Payment of Preauthorized Transfer: If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

If you use your Card at an automated fuel dispenser (“pay at the pump”), the transaction may be preauthorized for an 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 transaction may be preauthorized for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. A preauthorization will place a “hold” on those available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

You do not have the right to stop payment on a single purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make the purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

8. Non-Visa Debit Transactions
Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on another network. If you do not enter a PIN, transactions may be processed as either a Visa debit transaction or on another network transaction. Should you choose to use a non-Visa network when making a transaction without a PIN, different terms may apply.

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

9. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Card for such refunds and agree to the refund policy of that merchant. Any Merchant disputes, returns, or refunds must be addressed and handled directly with the merchant from whom the transaction posted or those goods or services were provided. We are not responsible for the delivery, quality, safety, legality or any other aspects of goods or services you purchase from others with a Card.

10. Card Expiration and Replacement
Your Card will expire no sooner than the date printed on the back of the Card. You will not be able to use your Card after the expiration date. If you have an active Account in good standing, a replacement Card will automatically be mailed to you prior to the expiration of the soon-to-expire Card.

If you need a replacement Card for any reason other than the Card’s expiration, you may request one at any time by accessing http://account.kudzumoney.com or by calling Customer Care. There is no fee to replace an expired Card; however, there will be a $20.00 fee if you opt for Expedited Shipping Fee. For information about the fee, see the Section labeled “SCHEDULE OF FEES.”

11. Foreign Transactions
You may purchase or lease goods or services everywhere Visa debit cards, Interlink cards, and STAR cards are accepted as long as you do not exceed the available value in the Account, and other restrictions (see examples described below) do not apply. If you make a purchase in a currency other than the currency in which the Card was issued, the amount deducted from the funds will be converted by Visa into an amount in the currency of the Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date.

12. Receipts
You should get a receipt at the time of a transaction using the Card. You are responsible for retaining, verifying, and reconciling all transactions and receipts.

13. Negative Balances
You are not permitted to overdraw your Account. If the available balance in your Account is not sufficient to cover any payment or withdrawal you have authorized, we can refuse to process the payment or withdrawal. If your balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance for an extended period of time and you have another account with us, we reserve the right to exercise our right to set off. See the “Right to Set Off” Section below for details. If your Account has a negative balance for ninety (90) calendar days or more it will be closed.

14. Right to Set Off
If your Account balance becomes and remains negative for fifteen (15) days, we can use the funds in any of your accounts to repay the amount owed on the negative balance. This means, we have the right to set-off any liability, direct or contingent, past, present, or future that you owe against any account you have with us. Further, you grant us a lien on and security interest in the funds on deposit in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future. We will notify you if we have exercised our right to set off.

15. Periodic Statements
Electronic statements are available to view and print at https://account.kudzumoney.com.

16. Confidentiality
We may disclose information to third parties about your Account, Card, or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Account or Card for a third party, such as a merchant;
(3) In order to comply with government agency, court order, or other legal or administrative reporting requirements;
(4) If you consent by giving us your written permission;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or
(6) Otherwise as necessary to fulfill our obligations under this Agreement.

17. Our Liability for Failure To Complete Transactions
If we do not properly complete a transaction from your Account or Card on time or in the correct amount according to our Agreement with you; we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
(2) If a merchant refuses to accept your Card or Account number;
(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 imitated the transaction;
(5) If access to your Card or Account has been blocked after you reported your Card or Account number lost or stolen;
(6) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(9) Any other exception stated in our Agreement with you.

18. Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card, PIN, or Account number has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within 2 business days after you learn of the loss or theft of your Card, PIN, or Account number, you can lose no more than $50 if someone used your Card, PIN, or Account number without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card, PIN, or Account number, and we can prove we could have stopped someone from using your Card, PIN, or Account number without your permission if you had told us, you could lose as much as $500.

Also, if your electronic statement shows transfers that you did not make, including those made by Card, PIN, or Account number or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 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.

Under Visa Core Rules, your liability for unauthorized Visa debit transactions on your Card is $0.00 if you are not negligent or fraudulent in the handling of your Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). You must notify us immediately of any unauthorized use.

19. Information About Your Right to Dispute Errors
In case of errors or questions about your electronic transactions, contact Customer Care if you think your statement or receipt is wrong or if you need more information about a transaction listed in the statement or receipt. We must hear from you no later than sixty (60) days after we provided the FIRST statement on which the problem or error appeared. You will need to tell us:
(1) Your name, Account number and/or 16-digit Card number;
(2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
(3) the dollar amount of the suspected error.
If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Account.

For errors involving new Account, POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documentation used in the investigation may be obtained by contacting us at the phone number or address shown at the beginning of this section.