Card Network Disbursement Services
1.1. Generally. Moov, as an agent of, and in conjunction with, Acquirer, will provide or otherwise make available the Card Network Disbursement Services to User to enable User to initiate Disbursements in accordance with the terms and conditions of this Platform Agreement. The Card Network Disbursement Services may not be used to initiate Disbursements for the purchase of goods or services, and shall be used only for business purposes and not for any personal, family or household purposes. User acknowledges and agrees that User’s ability to initiate Disbursements through the Card Network Disbursement Services will be subject to Moov’s and/or Acquirer’s enablement and support for the same.
1.2. Initiation of Card Network Disbursement Transactions. User hereby authorizes Acquirer to effect Disbursements in accordance with the Disbursement instructions communicated by Moov on behalf of User to Acquirer through the Card Network Disbursement Services. User acknowledges and understands all funds transfers are performed by Bank based on Moov’s instructions, and that as among User, Moov, and Acquirer, User is solely responsible for ensuring the Disbursement instructions are accurate, complete, and valid, including for ensuring the Disbursement instructions include the correct Debit Card account information of the Recipient and the correct funds transfer amount. User agrees that Moov and Acquirer may rely on all Disbursement instructions submitted through the Card Network Disbursement Services without further inquiry into the accuracy, completeness, or validity of such Disbursement instructions.
1.3. Eligibility. Prior to accessing and using the Card Network Services, User must satisfy any eligibility criteria established by Moov and/or Acquirer from time to time. User acknowledges and agrees that User will be subject to the due diligence requirements and processes of Moov and Acquirer, and must successfully complete and satisfy all such due diligence requirements and processes prior to accessing and using the Card Network Disbursement Services.
1.4. Recipients. Recipients who may receive Disbursements are limited to User and a holder of the applicable Debit Card with whom User has a contractual relationship. To receive Disbursements, each applicable Recipient’s Debit Card issuer must participate in the relevant Network’s push-to-card program as provided in the Push-to-Card Rules.
1.5. Territory. User will only submit Disbursement instructions to initiate a Disbursement to Recipients whose Debit Card accounts are located within the Territory.
2. Certain Operational Obligations of User.
2.1. Registration. The provision of the Card Network Disbursement Services may be contingent upon User’s registration with the applicable Networks. To the extent such registration is necessary, the provision of the Card Network Disbursement Services is subject to any necessary approval of User’s registration with the applicable Networks.
2.2. Provision of Information. User will cooperate with Moov and Acquirer in connection with the Card Network Disbursement Services, including by providing all necessary information, data, and documentation required or requested by Moov, Acquirer, or any Network and promptly responding to all inquiries and requests from Moov, Acquirer, or any Network. User hereby authorizes Moov and Acquirer to provide or otherwise make available any information, data, and documentation provided by User to any applicable Network in connection with the Card Network Disbursement Services, including to report fraud or misuse of the Card Network Disbursement Services by or through User. User will promptly notify Moov and/or Acquirer of any change to any information, data, or documentation previously provided or otherwise made available to Moov and/or Acquirer.
2.3. Network Matters.
- Network Rules. User acknowledges and agrees that User’s access to and use of Card Network Disbursement Services is subject to the Network Rules, including the Push-to-Card Rules. All references to the Network Rules will be deemed to include the Push-to-Card Rules. User acknowledges and agrees that User has received and reviewed the Network Rules, is aware of all of its rights and obligations under the Network Rules, and agrees to be bound by, and comply with, the Network Rules in connection with its access to and use of the Card Network Disbursement Services. Additionally, User will not take any action, or fail to take any action, that could cause Moov or Acquirer to violate the Network Rules or that could cause Moov or Acquirer to be subject to any fines, penalties, non-compliance assessments, or other similar amounts from any Network.
- Network Enforcement Rights. User acknowledges and agrees that any Network may enforce any provision of the Network Rules against User in connection with this Platform Agreement. User further acknowledges and agrees that any Network may prohibit User from engaging in any conduct that could injure, or could create a risk of injury to, the Network or that could adversely affect the integrity or the confidential information of the Network. User acknowledges and agrees that User will not take any action that could interfere with or prevent the exercise of the above rights by any Network.
2.4. No Risk of Injury. User will not engage in any conduct that could create risk of harm or injury to Moov, Acquirer, or any Network as determined by Moov, Acquirer, or such Network, as applicable.
2.5. Recipient Relationships. User is responsible for all aspects of User’s relationships with any Recipient, including for verifying the identity of the Recipient and ensuring the Recipient is the owner of the Debit Card account to which funds are transferred, determining the Recipient’s eligibility and authority to receive Disbursements, and obtaining and maintaining all authorizations and consents to initiate Disbursements to the Recipient’s Debit Card account.
2.6. Limitations. Moov and Acquirer may establish limitations or restrictions on User’s access to and use of the Card Network Disbursement Services from time to time, including Transaction Limits and Velocity Limits. In addition, Moov, Acquirer, and/or User may be subject to Transaction Limits and Velocity Limits imposed by the Networks or receiving institution. User will comply with all limitations and restrictions applicable to User’s access to and use of the Card Network Disbursement Services and will not initiate Disbursements in violation of any applicable Transaction Limits or Velocity Limits. If any Disbursement would cause Moov, Acquirer, or User to exceed any applicable Transaction Limit or Velocity Limit, then User acknowledges and agrees that the Disbursement may not be processed or submitted through the Network. User acknowledges and agrees that neither Acquirer nor Moov shall be responsible for the failure of any Disbursement to be so processed or submitted. Moov and Acquirer may modify, supplement, or replace any limitations or restrictions applicable to the initiation of Disbursements through the Card Network Disbursement Services. User acknowledges and agrees that the amount of a Transaction Limit or Velocity Limit applicable to User may be conditioned upon the provision of collateral by User.
2.7. Supported Channels. User may initiate Disbursements through the Moov Platform.
2.8. Right of Refusal. Notwithstanding anything to the contrary in this Platform Agreement or otherwise, User acknowledges and agrees that Moov and Acquirer may block or reject any Disbursement at any time, with or without cause, including if a Disbursement would violate Applicable Law or the Network Rules. While Moov and Acquirer have no obligation to notify User of any block or rejection of any Disbursement, Moov and Acquirer nevertheless may elect to do so through the Moov Platform. Neither Moov nor Acquirer will have any responsibility or liability to User for blocking or rejecting any Disbursement and will not be responsible or liable to User for any amounts, including any interest, in connection with blocking or rejecting any Disbursement.
2.9. Disbursements.
- Generally. As among User, Moov, and Acquirer, User will be responsible for, and will immediately reimburse Moov and/or Acquirer for, any unauthorized, unlawful, fraudulent, or erroneous Disbursement instruction and related Disbursement and any Disbursement instruction and related Disbursement initiated by User in violation of the Network Rules, Applicable Law, or this Platform Agreement.
- Specific Requirements for Individual Disbursements. User will ensure that each Disbursement submitted by User (1) is authorized and is not the result of any fraudulent, suspicious, or otherwise unusual activity, (2) is submitted by User, and represents a genuine disbursement in connection with the provision of bona fide goods, services or other value to Recipient, (3) is a bona fide payment by User to Recipient and is not made on behalf of any third party, (4) is not used for a replacement for purchase transactions; (5) is originated in the Territory; (6) does not arise out of or relate to any illegal, unlawful, fraudulent, unethical, prohibited activity; (7) is not subject to any dispute, set-off, or counterclaim; (8) is not a duplicate of any other transaction; (9) with respect to non merchant settlement Disbursements, is submitted under User’s merchant identification number (MID) and (10) does not violate Applicable Law, Network Rules, or this Platform Agreement. User will maintain complete and accurate books and records pertaining to any Disbursement instructions and related Disbursement to the extent required to demonstrate User’s compliance with this Platform Agreement, and shall retain such books and records in accordance with timelines required by Applicable Law, Network Rules or any FI Partner Guidelines, and shall share with Moov or Acquirer, upon request.
- Contact Methods. User may contact Moov at [email protected] in the event of any complaint or dispute related to a Disbursement or the Card Network Disbursement Services.
- Delays. User will notify Moov and/or Acquirer in the event the receipt of funds by a Recipient is delayed by more than two business days. User acknowledges and agrees that Moov and Acquirer do not have any control over the acts or omissions of a Recipient’s Debit Card issuer or any other financial institutions or third parties that could delay the Card Network Disbursement Services or any Disbursement, and neither Moov nor Acquirer will be responsible or liable for any Losses arising out of or relating to any acts or omissions of a Recipient’s Debit Card issuer or any other financial institution or third party, including in the event that additional time is needed to verify identities, complete required fraud and risk screening, otherwise satisfy requirements of Applicable Law or Network Rules, or effect a Disbursement. Without limiting the foregoing, neither Moov nor Acquirer makes any warranty or guarantee that any Disbursement will occur within any given time and Moov and Acquirer each hereby expressly disclaim any such warranty or guarantee.
- Cancellation and Amendment of Disbursement Instructions. Except as provided by Applicable Law, User has no right to cancel or amend any Disbursement instruction after User has submitted such instruction through the Card Network Disbursement Services. Moov and Acquirer may endeavor to act on a cancellation or amendment request to any Disbursement instruction submitted by User before a related payment message is sent. However, User agrees that neither Moov nor Acquirer will have any responsibility or liability in connection with any cancellation or amendment to any Disbursement instruction, including if Moov or Acquirer are not able to effect the cancellation or amendment of such Disbursement instruction. User understands and agrees that a Disbursement instruction cannot be cancelled or amended once a Disbursement has been accepted by the Recipient’s issuer. User will comply with the Security Procedures in connection with any cancellation or amendment request.
- Reversals. Moov and/or Acquirer will endeavor to effect a reversal of a Disbursement to the extent a reversal is expressly permitted by the Network Rules (each, a “Reversal”) and User makes the Reversal request in a manner that provides Moov and/or Acquirer sufficient time to manually prepare and properly and timely submit a Reversal in accordance with the Network Rules. User acknowledges that any request for Reversal must be submitted to the relevant Network within the time frames required under the Network Rules, be made immediately upon discovery of any error, and be accompanied by any required form. Additionally, the basis for any Reversal must be expressly permitted by the Network Rules and otherwise in compliance with the Network Rules. User’s request for any Reversal must enable Moov and Acquirer to comply with the Network Rules in connection with such Reversal. User also will notify the applicable Recipient of any Reversal initiated to correct any Disbursement initiated by User in error. Neither Moov nor Acquirer will be responsible or liable for any Losses if any Reversal is not effected. Additionally, User will reimburse Moov and Acquirer for any Losses incurred by Moov or Acquirer in effecting, or attempting to effect, User’s request for any Reversal.
- Resellers. User shall not authorize or appoint any dealers, agents, representatives, sub-resellers, or other third parties to bind the applicable Networks by marketing, offering for sale or selling the Card Network Disbursement Services.
2.10. Processing Errors. User agrees to review regularly User’s transaction history in connection with the Card Network Disbursement Services. If User identifies any errors, discrepancies, or unauthorized Disbursements with respect to the Card Network Disbursement Services, then User will immediately report such errors, discrepancies, or unauthorized Disbursements to Moov. Except as otherwise provided by Applicable Law, if User fails to notify Moov of any error, discrepancy, or unauthorized Disbursement within 14 days of the date as of which User’s transaction history reflecting the error, discrepancy, or unauthorized Disbursement is made available to User, then User hereby waives any right to assert any error, discrepancy, or unauthorized Disbursement. Moov will reasonably investigate any timely claim associated with a Disbursement for a commercially reasonable period following Moov’s receipt of notice from User.
2.11. Security Procedures. User hereby acknowledges and agrees that Moov and/or Acquirer may establish security measures applicable to the initiation of certain Disbursements (“Security Procedures”). User acknowledges and agrees that any applicable Security Procedures are intended to verify that any Disbursement instruction, including any amendments to such instruction, is that of User, that any applicable Security Procedures are not designed to detect any errors in Disbursement instructions, including any amendments to such instructions, initiated through the Card Network Disbursement Services, and that User is solely responsible for detecting and preventing errors. By accessing and using the Card Network Disbursement Services, User agrees that: (a) User has reviewed and evaluated, and understands, any applicable Security Procedures, (b) any applicable Security Procedures constitute a commercially reasonable method of protecting against unauthorized Disbursements, and (c) User will comply with any applicable Security Procedures for any Disbursements. User agrees to be bound by any Disbursement instructions initiated through the Card Network Disbursement Services, including any amendments to such instructions, whether authorized or unauthorized, that are accepted in compliance with any applicable Security Procedures. User agrees to immediately notify Moov of the possible unauthorized access to or use or disclosure of any identifications, passwords, hints, personal identification numbers, or other information used by User to access and use the Card Network Disbursement Services, including but not limited to any transaction data or any information relating to a Recipient that is collected, stored, transmitted or processing in connection with any Disbursement processed hereunder. User acknowledges and agrees that it is responsible and liable for any such unauthorized access.
2.12. Funding.
- Pre-Funding. Prior to initiating any Disbursement, User will ensure that it has good and available funds in User’s Moov Balance for the Disbursement. For each Disbursement instruction submitted by User, Moov and Acquirer, based on instruction from Moov, shall be authorized to withdraw User’s funds from User’s Moov Balance in the amount of such Disbursement plus all fees due and owing to Moov and Acquirer in association therewith. User will not initiate a Disbursement that would cause User to exceed User’s Moov Balance. In the event that User does not have good and available funds in User’s Moov Balance sufficient to cover the total amount of any or all Disbursements initiated by User, Moov and Acquirer may take any of the following actions: (1) refuse to process all Disbursement instructions and related Disbursements; (2) process those Disbursement instructions and related Disbursements for which User has good and available funds in User’s Moov Balance in whatever order Moov or Acquirer determine is appropriate, and refuse to process the remaining Disbursement instructions and related Disbursements; or (3) process Disbursement instructions and related Disbursements regardless of whether User has good and available funds in User’s Moov Balance to cover each such Disbursement, in which case the total amount advanced by Moov or Acquirer on behalf of User will be immediately due and payable by User without further demand from Moov or Acquirer. Moov may make available information about the status of a Disbursement instruction and the related Disbursement through User’s Moov Account. As between Moov and Acquirer, on the one hand, and User, on the other hand, Moov and Acquirer will not be responsible or liable for taking any of the above actions, and User will promptly reimburse Moov and Acquirer for any Losses incurred by Moov and Acquirer in connection with such actions.
- Authorization. User hereby authorizes Moov, Acquirer, and/or any other applicable FI Partner to electronically debit and credit User’s Linked Account or the Reserve Account (defined below, if any) for the purpose of satisfying User’s payment, settlement, and other financial obligations, and to otherwise act in accordance with User’s instructions with respect to User, in connection with the Card Network Disbursement Services. User hereby acknowledges and agrees that the authorization provided by User in this Section 2.12(b) will remain in full force and effect until User notifies Moov that User wishes to revoke such authorization and Moov processes and completes such request and the request has been successfully processed by Moov and/or Acquirer. If User wishes to revoke the authorization provided by User in this Section 2.12(b), User acknowledges and agrees that Moov requires at least 10 business days’ prior notice to cancel such authorization.
2.13. Reserve Account.
- Generally. In addition to any other rights of Moov or Acquirer in connection with this Platform Agreement, Moov or Acquirer may establish a reserve account (“Reserve Account”) to hold funds in reserve or may impose conditions on the release of funds to which User may otherwise be entitled in order to secure any of User’s existing or future obligations in connection with the Card Network Disbursement Services (a “Reserve”) upon the occurrence of any fact, circumstance, or event that Moov or Acquirer determines could expose Moov, Acquirer, or any Network to unacceptable risk of loss or liability. The amount of any Reserve will be determined by Moov or Acquirer based on various factors, including User’s processing history (e.g., historical Transaction volume, Transaction Disputes, fines, penalties, assessments, or other similar amounts assessed by any Governmental Authority, Network, or Acquirer, etc.), User’s anticipated Disbursement volume, User’s compliance with this Platform Agreement, the nature of User’s business, and the potential risk of loss or liability to Moov, Acquirer, or any Network. The amount of the Reserve may change from time to time as reasonably determined by Moov or Acquirer and communicated to User in accordance with this Platform Agreement.
- Funding a Reserve. Upon the occurrence of any fact, circumstance, or event giving rise to Moov’s or Acquirer’s right to require a Reserve Account, User hereby authorizes Moov or Acquirer, at the direction of Moov, to fund the Reserve Account by setting off amounts payable to User under the Merchant Processing Services Terms (if applicable) and debiting amounts from User’s Moov Balance and Linked Account. If User does not have sufficient funds in User’s Moov Balance and Linked Account to fund the Reserve Account, then User will immediately fund User’s Reserve Account in accordance with Moov’s instructions. User acknowledges and agrees that its failure to fund a Reserve Account as required in accordance with this Section 2.13 may result in the suspension of User’s access to and use of the Card Network Disbursement Services.
- Security Interest. In order to secure the obligations of User in connection with the Card Network Disbursement Services, User hereby grants to Moov a first lien and security interest in, and continuing lien on, all of User’s right, title, and interest in and to the Reserve Account and all funds in the Reserve Account and the Reserve amounts, whether now owned or existing or hereafter created, acquired, or arising. User hereby authorizes Moov to execute and file, at User’s cost and expense, any documents and to take any such other actions as may be necessary or appropriate to create, perfect, maintain, and enforce the security interest granted hereunder, including the filing of any financing statements, and User hereby agrees to execute all such documents and to take any such other actions as may be necessary, appropriate, or reasonably requested by Moov or Acquirer in furtherance of creating, perfecting, maintaining, and enforcing the security interest granted hereunder. User represents and warrants that User has good, complete, and marketable title to all of the assets, accounts, and receivables to which User grants a lien and security interest hereunder, free and clear of any and all liabilities, liens, claims, charges, restrictions, conditions, options, rights, mortgages, security interests, equities, pledges, and encumbrances of any kind or nature whatsoever or any other rights or interests that may be inconsistent with the transactions contemplated with, or adverse to the interests of, Moov. The security interest granted to User hereunder may be exercised by Moov without notice or demand of any kind.
2.14. Certain Network-Required Provisions. All terms and conditions that are required under the Network Rules to be included in the Card Network Disbursement Services Terms are hereby incorporated by reference into and made a part of the Card Network Disbursement Services Terms as if they were directly and expressly set forth herein, and User acknowledges and agrees to the incorporation by reference of such terms into the Card Network Disbursement Services Terms and agrees to comply with such terms in connection with its access to and use of the Card Network Disbursement Services.
2.15. Certifications. From time to time, Moov, Acquirer, or any Network may request or require User to make certifications regarding User’s access to and use of the Card Network Disbursement Services. Upon request, User will provide any certifications reasonably requested or required by Moov, Acquirer, or any Network, including a written certification statement signed by one or more duly authorized senior executives or officers of User attesting that: (a) the country specified to Moov as User’s location in the information provided by User at the time User signed up to access and use the Moov Services complies with Network Rules and this Platform Agreement; and (b) the address disclosed to Recipients and appearing in Disbursement messages is a location in the specified country and is an address from which User is conducting approved business activity and operations.
2.16. No Transfer of Liability. User will not transfer, or attempt to transfer, any financial liability in connection with any Transaction to a Recipient. Without limiting the generality of the foregoing, User will not request or require any Recipient to waive any dispute rights that the Recipient may have as a matter of Applicable Law or Network Rules.
2.17. Liability for Representatives. User will ensure that all directors, officers, employees, agents and subcontractors of User comply with Applicable Law, Network Rules, and this Platform Agreement. User will be responsible and liable for all acts and omissions of any director, officer, employee, agent or subcontractor of User in connection with the Card Network Disbursement Services.
2.18. Suspicious Activity Reporting. User shall notify Moov of any suspicious or fraudulent activities in connection with the Card Network Disbursement Service as soon as practicable and in no event later than five (5) days after User becomes aware of such activities. User will cooperate in good faith and provide reasonable assistance in any applicable Network’s or Acquirer’s fraud detection and prevention efforts.
3. Fees.
User agrees to pay the Disbursement Fees assessed by Moov, in connection with its access to and use of the Card Network Disbursement Services. By agreeing to the Card Network Disbursement Services Terms, User hereby represents and warrants that the Disbursement Fees have been disclosed to User and that User reviewed and understands the Disbursement Fees applicable to its access to and use of the Card Network Disbursement Services. User acknowledges and agrees that a Recipient’s issuer may charge additional fees to the Recipient for any Disbursement initiated by User.
4. Network Marks; Acquirer Marks.
Except as otherwise expressly permitted by a Network, User will not use, display, or reproduce the Marks of any Network. User will comply with all branding, reproduction, usage, and artwork standards established by the Networks from time to time applicable to the use of their Marks. User (a) acknowledges that each Network is the sole owner of such Network’s Marks, (b) agrees not to contest the ownership of the Marks of any Network for any reason, and (c) agrees that any Network may prohibit User from using the Marks of such Network for any reason. User will immediately cease any use, display, and reproduction of the Marks of any Network upon the earlier of User’s receipt of notice of the same from such Network or the effective date of the expiration or termination of the Card Network Disbursement Services Terms. User must obtain the applicable Network’s and Acquirer’s prior written approval for any materials used by User to market the Card Network Disbursement Services. Except as otherwise expressly permitted Acquirer in writing, User will not use, display, or reproduce the Marks of Acquirer in connection with any Card Network Disbursement Service.
5. Network Security Requirements.
User will comply, and will cause any applicable third party utilized by User to comply, with all applicable PCI Standards and Network Security Programs in connection with its access to and use of the Card Network Disbursement Services. Upon request, User will provide or otherwise make available to Moov, Acquirer, and any Network any documentation requested to evidence User’s and any applicable third party’s compliance with all applicable PCI Standards and Network Security Programs, including any applicable tests, scans, and assessments. If User experiences a Security Incident, then User will notify Moov of such Security Incident and will otherwise cooperate with Moov in connection with such Security Incident in a manner that enables Moov, Acquirer, and User to satisfy their applicable obligations under Applicable Law, Network Rules, and FI Partner Guidelines with respect to such Security Incident, including but not limited to providing reasonable details and cooperating with any Network or forensic firms involved in the investigation and remediation of the Security Incident. Subject to Section 3.13 of the Commercial User Terms, User will notify Moov if User uses any third party that provides payment-related services, directly or indirectly, and/or stores, transmits, or processes data of any Recipient (including cardholder data) in connection with the Card Network Disbursement Services, and User is responsible for ensuring such third party complies with all applicable PCI Standards and the terms and conditions of this Platform Agreement. Without limiting any other restrictions under this Platform Agreement, User will not use, retain, sell, transfer, or disclose any materials that contain data of any Recipient (including cardholder data) or information (including account numbers and personal information), or other transaction information to any third party. If User is undergoing a forensic investigation regarding compliance with PCI Standards and Network Security Programs at the time User executes this Platform Agreement, or at any time during the Term of this Platform Agreement, then User must fully cooperate with the investigation until completed.
6. Representations, Warranties, and Covenants of User.
- By submitting a Disbursement instruction and a corresponding Disbursement through the Card Network Disbursement Services, User hereby represents and warrants to Moov and Acquirer, as of the date and time of submission of the Disbursement, that: (1) such Disbursement is not knowingly illegal, fraudulent, or unauthorized or a Disbursement that User should have known is illegal, fraudulent, or unauthorized; (2) such Disbursement will not damage the goodwill of any Network or reflect negatively on the Marks of any Network, in such Network’s sole discretion; (3) such Disbursement instruction and the corresponding Disbursement is permitted under this Platform Agreement; (4) such Disbursement instruction has been provided in the form, format, and method required by Moov and/or Acquirer; (5) such Disbursement instruction and the corresponding Disbursement complies with Applicable Law and the Network Rules; (6) such Disbursement instruction contains all information necessary to effect the Disbursement and all information transmitted with such Disbursement instruction is accurate and related to the applicable Disbursement; (7) such Disbursement instruction and corresponding Disbursement represents a genuine disbursement from User to the Recipient, (8) such Disbursement is not a duplicate of any other transaction; and (9) User’s access to and use of the Card Network Disbursement Services has not been suspended or terminated.
- User hereby represents, warrants, and covenants to Moov and Acquirer that: (1) User does not and will not store any “Card Verification Value 2” information after a Disbursement has been authorized, (2) if Debit Card credentials and expiration date are stored by User, User does and will continue to store such data in accordance with the PCI Standards, and (3) any and all Personal Data collected from a Recipient by User in connection with the Card Network Disbursement Services are and will continue to only be used by User for activities related to the Card Network Disbursement Services.
7. Suspension and Termination.
7.1. Acquirer and Network Rights. User acknowledges that Acquirer or any Network may limit, suspend, or terminate, or may require Moov to limit, suspend, or terminate, User’s access to and use of the Card Network Disbursement Services at any time for any reason. If Acquirer or any Network limits, suspends, or terminates, or requires Moov to limit, suspend, or terminate, User’s access to and use of the Card Network Disbursement Services, then Moov may limit, suspend, or terminate User’s access to and use of the Card Network Disbursement Services.
7.2. Moov Termination Rights. Moov may immediately suspend or terminate User’s access to and use of the Card Network Disbursement Services if:
- User revokes the authorization provided by User under Section 2.12(b);
- Any significant circumstances exist that create harm or loss of goodwill to the Networks;
- Any Network de-registers Moov and makes Moov’s continued provision of the Card Network Disbursement Services impracticable; or
- Acquirer ceases to be a Network member for any reason or fails to maintain a valid license to use the Marks of any Network.
7.3. Reporting. User agrees that if this Platform Agreement is terminated for cause, Moov and/or Acquirer may report such termination to the relevant Networks as required under Network Rules, and User waives and holds harmless Moov and Acquirer from any and all Claims and Losses which User may have as a result of such reporting.
8. Notices.
8.1. All Notices and other communications will be delivered via email or in writing (as specified below) to the below addresses, which addresses may be amended from time to time. For any Notice provided from User to Acquirer, User will clearly state User’s name and merchant identification number.
If to Acquirer:
All notices and other communications will be delivered in writing to:
Pathward, National Association
5501 S. Broadband Lane
Sioux Falls, South Dakota 57108
Email: [email protected]
If to Moov:
All notices and other communications will be delivered via email to [email protected] and in writing to:
Moov Financial, Inc.
1025 Technology Pkwy, Suite M
Cedar Falls, Iowa 50613
If to User:
All notices and communications will be delivered to User via email to the email address associated with User’s Moov Account or via writing to the physical address associated with User’s Moov Account.
9. General Provisions.
9.1. Third-Party Beneficiaries. User acknowledges and agrees that any Network supported in connection with the Card Network Disbursement Services will be a third-party beneficiary under this Platform Agreement and may enforce the terms and conditions of this Platform Agreement against User, but such Network will not be subject to any obligations under this Platform Agreement.
9.2. Conflict. In the event of any conflict between any term or condition of this Platform Agreement with respect to the Card Network Disbursement Services and any term or condition of the Network Rules, the applicable term or condition of the Network Rules will govern to the extent necessary to resolve such conflict. In the event of any conflict between any term or condition of these Card Network Disbursement Services terms with respect to the Card Network Services, and any term or condition contained in the remainder of the Platform Agreement, the applicable term or condition of these Card Network Disbursement Services terms shall govern to the extent necessary to resolve such conflict.
9.3. Survival. The following Sections of the Card Network Disbursement Services Terms will survive termination or expiration of the Platform Agreement: the last two sentences of Section 1.2, Section 1.3, Section 1.4, Section 1.5, Section 2.1, Section 2.2, Section 2.3, Section 2.4, Section 2.5, Section 2.6, Section 2.8, Section 2.9, Section 2.10, Section 2.11, Section 2.12, Section 2.16, Section 2.17, Section 3, Section 4, Section 5, Section 6, Section 7, Section 8, Section 9, and Section 10.
10. Definitions.
- “Acquirer” has the meaning set forth in the introduction of the Card Network Disbursement Services Terms.
- “Debit Card” means a valid card linked to a demand deposit account, checking account, current account, negotiable order of withdrawal account, or savings account held at a financial institution, or a debit account or equivalent as defined under Applicable Law.
- “Disbursement” means a push-to-card funds transfer initiated by User to send funds to a Recipient’s Debit Card account. References to “Transaction” in this Platform Agreement will be deemed to include Disbursements.
- “Disbursement Fees” means any fees charged by Moov to Users in connection with the Card Network Disbursement Services.
- “Network Security Programs” means the data protection and security programs and requirements of the Networks, including the PCI Standards, the Visa Account Information Security Program, the Mastercard Site Data Protection Program, American Express’s Data Security Operating Policy, and Discover’s Information Security and Compliance Program, in each case, as the same may be modified, supplemented, or replaced from time to time.
- “PCI Standards” means all applicable requirements or standards of the Payment Card Industry Security Standards Council (or any successor or replacement body), including the Payment Card Industry Data Security Standard.
- “Push-to-Card Rules” means, with respect to Visa, the Network Rules of Visa applicable to or otherwise relevant in the context of Disbursements, including the Visa Direct Original Credit Transactions (OCT) Global Implementation Guide, as may be modified, supplemented, or replaced from time to time by Visa; and with respect to Mastercard, the Network Rules of Mastercard applicable to or otherwise relevant in the context of Disbursements, including the Mastercard MoneySend Program Guide, as may be modified, supplemented, or replaced from time to time by Mastercard. References to “Network Rules” in this Platform Agreement will be deemed to include the Push-to-Card Rules.
- “Recipient” means the holder of the Debit Card account to which a Disbursement is initiated.
- “Reserve” has the meaning set forth in Section 2.13(a).
- “Reserve Account” has the meaning set forth in Section 2.13(a).
- “Reversal” has the meaning set forth in Section 2.9(f).
- “Transaction Limit” means the maximum permissible dollar amount for a single Disbursement established by the Networks or by Moov and/or Acquirer.
- “Velocity Limit” means the maximum aggregate permissible number of Disbursements and/or the maximum aggregate permissible dollar amount for all Disbursements initiated by User within a set period of time established by the Networks or by Moov and/or Acquirer.