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INGO MONEY, INC. AND FIRST CENTURY BANK, N.A.

INGO MONEY SERVICE TERMS AND CONDITIONS

These Terms and Conditions (“Terms and Conditions”) govern your use of the Ingo Money service (“Ingo”) to load funds from checks to your participating prepaid card. Ingo is offered by Ingo Money, Inc. (“Ingo Money”) and First Century Bank, N.A. (“Bank”), a nationally chartered financial institution. In order to use Ingo, your prepaid card must be enrolled and eligible to participate in Ingo. A list of participating card programs and issuers is available at www.ingomoney.com.

In these Terms and Conditions, the term “Card” means a prepaid card issued to you by a participating card program that you may reload by using Ingo. “You” and “your” means the person who has enrolled in Ingo. Generally the terms “we,” “us” or “our” means Ingo Money and Bank, although some obligations will be performed solely by Ingo Money or solely by Bank. In order to participate in Ingo, you must be eligible for and comply with Ingo’s enrollment process.

These terms are for use of Ingo through the Ingo Money App and certain other third party apps. Pricing, terms and conditions may differ if you use Ingo through a third party app or card issuer app. In that event, you will be provided with the applicable terms and conditions applicable to that service.

Summary of Terms:

General You may use Ingo to send checks to Bank following Ingo Money’s review of your check for funding approval.
Services Ingo is operated by Ingo Money and Bank.

Ingo Money will verify your identity, enroll you in the service and review your checks for funding approval.

You shall endorse, assign and transfer to Bank all checks approved for funding. Bank will deposit your check in its own account for clearing and collection and is responsible for sending your check funds to your Card (less applicable fees). Bank is responsible for compliance with all regulatory requirements, including but not limited to, verification of your identification, money transmittal, and check cashing to the extent applicable.
Good Funds in Days Choose 10 day delayed funding and Bank will fund your check in 10 days if Ingo Money approves your check and it is not returned unpaid within the 10 day period.
Good Funds in Minutes Choose expedited funding and Ingo Money will review your check for approval within 1 hour. If Ingo Money approves your check, Bank will load your Card with funds, less the Ingo fee, within a few minutes.
Approval If Ingo Money approves your check for funding, Ingo Money is agreeing that it will purchase from Bank any approved and funded check which Bank is unable to collect. Ingo Money may accept or reject your check for funding in its sole discretion based on a variety of factors.
Fees 10 Day Delayed Funding: No fee
Expedited Funding:
1% for pre-printed government and payroll checks with a printed signature, with a minimum fee of $5.
4% for all other accepted check types, including hand signed government and payroll checks, with a minimum fee of $5.

IF YOU ACCESS THIS SERVICE THROUGH YOUR CARD ISSUER’S APPS OR ANY METHOD OTHER THAN THE INGO MONEY APPS, FEES MAY BE DIFFERENT, HIGHER OR LOWER THAN THOSE IN THE INGO MONEY APP.
Good Funds Once your check has been approved and funds are delivered to your Card, the money is yours to keep and spend, even if the check bounces or is returned unpaid for any reason. Ingo Money will collect the funds from the writer of the check.
Fraud If Ingo Money or Bank determines that you knew the check was bad when you sent it, if you have already deposited the check elsewhere or try to deposit the check elsewhere after it has been funded by Ingo, or if you otherwise engaged or engage in fraudulent behavior, Ingo Money and Bank reserve the right to pursue you for the return of all funds loaded to your Card, and may pursue any other remedies available under applicable law.
Check Requirements Ingo accepts most types of government, payroll, personal or other checks for review and approval. All checks must have the writer’s name and address pre-printed on the check, be dated on or before the date of submission, be made out to you as your name appears in our system, have matching numbers in the two amount lines, be signed by the check writer, be endorsed to you, and the endorsement must match the name on the payee line on the front of the check.

We do not generally accept credit card checks, traveler’s checks, “starter checks” or other checks which do not have the check writer’s name and address pre-printed on the check, U.S. Savings Bonds, or checks drawn on accounts located outside of the United States.

We may or may not accept checks you have written to yourself, in our sole discretion.
Check and Load Limits Checks must be in an amount that is between $5 and $2,500. The maximum funds you may load on your Card using Ingo are $2,500 per check, $5,000 per day, and $10,000 per month.
Card Program Limits Your ability to load funds to your Card is also subject to your Card program’s load limits and availability, taking into account all load transactions, maximum Card balance limits, and other limitations. You may also be prevented from loading funds to your Card if you have not met the requirements for loading funds set by your Card issuer, which may include registration of your Card, completion of identity verification by your Card issuer, or other requirements. If you have exceeded your limits or failed to meet any other requirements of your Card program, loading of funds from an approved check may be declined.
Privacy Your personal data is collected during your enrollment in Ingo, when you submit checks for funding, when you otherwise provide it to us, and when we collect it during performance of our obligations under these Terms and Conditions. Please refer to the Ingo Privacy Policy at www.ingomoney.com for information regarding our use of this information.
Third Party Information We may obtain information and reports about you and your financial and transaction history from credit reporting agencies and from your card issuer or card program manager to help us assess the risk of transactions you submit for our approval. You consent to us obtaining and using this information.

Terms and Conditions

By using Ingo to load funds from your checks, you are agreeing to these Terms and Conditions with Ingo Money and Bank. Once enrolled, at any time during your use of Ingo, you may request a copy of these Terms and Conditions by email at support@ingomoney.com or by phone at (866) 984-4357. These Terms and Conditions are also available to be reviewed and/or downloaded and printed at any time by visiting www.ingomoney.com. They are also available through our mobile apps. Please read these Terms and Conditions carefully.

1. Ingo Description.

A. Generally. Ingo is operated by Ingo Money and Bank. Ingo accepts most types of government, payroll, personal or other checks for review and approval. All checks must have the writer’s name and address pre-printed on the check, be dated on or before the date of submission, be made out to you as your name appears in our system, have matching numbers in the two amount lines, be signed by the check writer, be endorsed to you, and the endorsement must match the name on the payee line on the front of the check. We do not generally accept credit card checks, traveler’s checks, “starter checks” or other checks which do not have the check writer’s name and address pre-printed on the check, U.S. Savings Bonds, or checks drawn on accounts located outside of the United States. We may or may not accept checks you have written to yourself, in our sole discretion.

B. Ingo Money Obligations. Ingo Money will enroll you in the service and review your checks for funding approval. Approved and funded Checks which return unpaid will be transferred by Bank to Ingo Money for collection.

C. Bank Obligations. You will endorse, transfer and assign all checks approved for funding to Bank for processing and funding. Bank will deposit your approved check in Bank’s account for clearing and collection, and is responsible for transmitting funds from your check to your Card, less applicable Ingo fees. Bank is responsible for compliance with all regulatory requirements, including but not limited to verification of your identification, money transmittal, and check cashing. Bank may outsource certain data processing, customer service and other non-financial functions to Ingo Money under Bank’s supervision, review, and approval.

2. Changes to Terms and Conditions.

Ingo Money and Bank may amend or change these Terms and Conditions (including any applicable fees and Ingo charges) from time to time in our sole discretion by sending you written notice by electronic mail or postal mail, by notifying you through our mobile apps, or by posting the updated Terms and Conditions on the Ingo website at www.ingomoney.com. When there are material changes to these Terms and Conditions, including changes to fees, policies, check load limits, or terms affecting your use of Ingo, you will be asked to accept such changes prior to your next transaction. If you do not agree to the changes, you will not be allowed to use Ingo. If you find the Terms and Conditions unacceptable to you at any time, please discontinue your use of Ingo. Your continued use of Ingo after we have made such changes available will be considered your acceptance of those changes. These Terms and Conditions apply solely to your use of Ingo to load your Card.

3. Use of Ingo; Approval of Enrollment; Security; Cancellation; Suspension or Termination.

A. Use of Ingo. By using Ingo, you represent and warrant to Ingo Money and Bank that: (i) you are at least 18 years of age (or 19 if you reside in a state where the age of majority is 19); (ii) you are a U.S. citizen or legal alien residing in one of the 50 states or the District of Columbia; (iii) all the information you provide or have provided to us at enrollment and in connection with each check submitted for approval is true, correct, and complete; (iv) you received a copy of these Terms and Conditions and agree to be bound by and to comply with its terms; and (v) you accept services from Ingo Money and Bank. You must have a verifiable address inside of the United States and be inside the United States when using Ingo. You agree not to use Ingo for any purpose prohibited by law. You agree that we may obtain your IP address and geographical location through the Ingo apps. You agree that such information shall be accurate, and that you will not do anything to or cause your device to alter, falsify or spoof your IP address or geographical location.

B. Approval of Enrollment; Ongoing Use. Your enrollment in and use of Ingo is subject to Ingo Money’s initial and ongoing review and approval, including confirmation of your identity. Ingo Money or Bank may accept or reject your Ingo application for any reason or no reason in our absolute discretion. From time to time as you use Ingo, we may ask you additional questions to confirm your identity.

C. Security of Login Credentials. You must establish a User ID and password to access Ingo. You may change your password at any time. You are responsible to keep your password and User ID secret and secure. Do not give your password, or make it available, to any person not authorized by you to access your Ingo account. You are responsible for any transactions you or anyone else to whom you have provided your password initiates, using your User ID and password. Login credentials can be used to conduct financial transactions in your name. You should treat your password with the same degree of care and secrecy that you use to protect your automated teller machine (ATM) card’s personal identification number (PIN) or other sensitive personal financial data. If you suspect that someone has stolen your identity or acquired unauthorized access to your Ingo account, change your password immediately or contact us for assistance.

D. Cancellation of Use of Ingo. You may cease your use of Ingo at any time, simply by not using it. You may also cancel your enrollment with Ingo at any time by emailing us at support@ingomoney.com. No fees paid for Ingo services already rendered will be refunded under any circumstances, including upon our suspension or termination of your ability to use Ingo as described below, your cessation of use of Ingo, or the expiration or cancellation of your Card.

E. Suspension or Termination of Use of Ingo. Ingo Money or Bank may suspend or terminate your use of Ingo at any time if you fail to perform or violate any of your obligations to us as set forth in these Terms and Conditions, or if Ingo Money or Bank determines in their sole discretion that you are or potentially are misusing or abusing the Ingo service. We may re-evaluate your qualifications for use of Ingo and transaction history at any time and from time to time, reconfirm your identify, or suspend or terminate your use of Ingo, if we decide in our sole discretion that you no longer qualify for the Ingo service for any reason, including but not limited to suspicion of fraud, sending us uncollectible checks, or failure to verify your identity. No such termination or suspension will affect any of your or our respective rights and obligations arising under these Terms and Conditions prior to such action. If you believe that any suspension or termination of your account is in error, you may contact us at support@ingomoney.com or by calling (866) 984-4357.

F. Credit Reports and Third Party Information. We may obtain information and reports about you and your financial and transaction history from credit reporting agencies and from your card issuer or card program manager to help us assess the risk of transactions you submit for our approval. You consent to us obtaining and using this information.

4. Check Loads and Fees; Load Errors; Dishonored Checks.

A. Check Requirements. You may send us most types of government, payroll, personal or other check for review and approval by Ingo Money. Ingo does not generally accept credit card checks, traveler’s checks, “starter checks” and other checks which do not have the check writer’s name and address pre-printed on the check, U.S. Savings Bonds, or any check drawn on an account located outside of the United States. All checks must have the writer’s name and address pre-printed on the check, be dated on or before the date of submission, be made out to you as your name appears in our system, matching numbers in the two amount lines, by signed by the check writer, be endorsed you, and the endorsement must match the name on the payee line on the front of the check.

B. Options for Check Loads. When you send a check to Ingo Money for funding approval using the Ingo Money mobile app, you will be given a choice to (i) receive funds loaded onto your Card with no fee in 10 days if we approve the check, and it is not returned unpaid within the 10 day period (“Good Funds in Days”), as described in more detail below, or (ii) receive funds loaded onto your Card on an expedited basis for a fee, subject to our approval of the check (“Good Funds in Minutes”, together with Good Funds in Days referred to as the “Check Load Methods”). Details on how to send checks to us using Ingo Money mobile apps are available in the apps and at www.ingomoney.com.

C. Retain Your Check. Once you have sent your check to Ingo Money for funding approval, you must retain the check until we inform you of the acceptance or rejection of your check. You may not send us any check you have deposited or cashed anywhere else. Once you send us a check for approval, you must not attempt to deposit or cash your check anywhere else. This could result in duplicate credits to you for the same check. Duplicate transactions using the same check can be a type of fraud and may be subject to civil claims and criminal penalties. We may require that you send us an image of your check with VOID or another word or phrase written on it. Once we have credited your check to your Card, you must destroy the check and not attempt to deposit it or cash it anywhere else. If we reject, and only if we reject, your check for any reason, may you then take your check and try to deposit it or cash it elsewhere.

D. Good Funds in Minutes. If you select Good Funds in Minutes, Ingo Money will review your check for funding approval using a process that usually takes a few minutes but may take up to an hour. If Ingo Money approves your check for funding, you shall endorse and transfer your check to Bank who will credit your Card in less than 30 minutes with the check amount less any Ingo fees. If Ingo Money does not approve your check for funding, you may terminate the transaction and deposit or cash your check elsewhere, or you may be given the option to request approval for Good Funds in Days.

E. Good Funds in Days. If you select Good Funds in Days, Ingo Money will review your check for funding approval and you shall endorse and transfer your check to Bank for deposit in Bank’s account for clearing and collection. If Ingo Money approves the check for funding and it is not returned unpaid within 10 days after submission to Ingo, Bank will credit your Card with the full amount of the check on the 10th day. If Ingo Money does not approve the check for funding for any reason in its sole discretion, or if the check is returned unpaid for any reason prior to the end of the 10th day, your Card will not be loaded, you will be notified, and the transaction will be terminated without charging you a fee. You may then deposit or cash your check elsewhere.

F. Recourse. Once Bank has loaded funds from your approved check to your Card (less any Ingo fees), the funds are yours to keep even if the check bounces or is returned unpaid or for any other reason. Notwithstanding the foregoing, if Bank funds your check and the check is returned unpaid for any reason and if Ingo Money or Bank determines in its sole discretion that there is evidence or potential evidence that you knew the check was bad, you deposited or cashed the check with a third party before or after sending it to us, or we otherwise find evidence of fraud or illegal activity by you, Ingo Money and Bank have full recourse against you for the full amount of the funds loaded to your Card, along with any other rights or remedies available under law.

G. Declines. Since Ingo Money and Bank are taking the risk of payment on all checks you attempt to load to your Card, we may decide to decline your check at any time for any reason in our sole discretion whether you choose Good Funds in Days or Good Funds in Minutes. If that occurs, the transaction will be terminated, no fee will be charged, and you may take your check elsewhere for deposit or cashing. The decision to approve a check is based upon the assessment of multiple factors and is not necessarily a reflection on either you or the writer/maker of the check. We also may refuse to process a check in our sole discretion, including, but not limited to, if we need to do so to comply with applicable law.

H. Ingo Fees. The fees associated with Ingo are as follows:

i. Fees for Good Funds in Minutes.

ii. Fees for Good Funds in Days.

You will have the opportunity to review the amount of the Ingo fees each time a check is approved for funding, and you will be given the opportunity to and must approve the fees before Bank loads your Card with the funds, less the Ingo fees. All fees associated with the loading of funds on your Card through Ingo will be deducted from the amount Bank will load to your Card. Ingo will send you a message in your mobile application or by email detailing Ingo’s fees and the amount loaded to your Card. Ingo’s fees will not be reflected on your Card statement or the transaction history provided by your Card issuer - all you will see is the amount actually loaded to your Card.

IF YOU ACCESS THIS SERVICE THROUGH YOUR CARD ISSUER’S APPS OR ANY METHOD OTHER THAN THE INGO MONEY APP, FEES MAY BE DIFFERENT, HIGHER OR LOWER THAN THOSE IN THE INGO MONEY APP.

I. Maximum and Minimum Check Loads. The maximum amounts you may load to your Card using Ingo are $2,500 per check, $5,000 per day, and $10,000 per month. Checks must be in an amount that is between $5 and $2,500. There may be additional transaction, daily, monthly, and other loading limits that are imposed by your Card program, as well as maximum card balance limits, that would include transactions using Ingo and other load transactions that you complete elsewhere. If you have met or exceeded your limits, Bank may not be able to load your check, even if Ingo Money has approved it. Contact your Card program to understand your limits, and limit your Check Loads to remain within such limits. We may increase or decrease the load limits for Ingo or for you from time to time in our sole discretion; provided, however, that you are solely responsible for complying with any limits applicable to your Card program.

J. Errors in Connection with Check Loads. If you become aware of an error with respect to the loading of funds from an approved check, please notify us as soon as you can by calling (866) 984-4357 or send us an email at support@ingomoney.com.

You may be asked to:

We will take reasonable steps to investigate and correct any error, and we will notify you of the results of our investigationK. Your Representation.

NOTE: Depending on the nature of your Card program, you may have rights under the Electronic Funds Transfer Act. Check the terms that apply to your Card program for a complete statement of your rights in the event of an error or unauthorized transaction.

K. Your Representation and Warranty; Rights Upon Dishonor. You represent and warrant to Ingo Money and Bank that any check you present for loading to your Card using Ingo (i) is a bona fide check for funds owed to you that has been obtained by you by lawful means, (ii) you are not aware of any facts or circumstances which would limit the value, legality, collectability, or negotiability of the check, (iii) the check does not include any proceeds from or related to criminal activity, and (iv) there are no unfulfilled conditions that limit the negotiability or value of the check. You agree that Ingo Money and Bank may, without notice, seek legal redress against you if any check you load is dishonored, returned, or not paid, and you have breached any of your representations or warranties set forth in these Terms and Conditions. You grant Ingo Money and Bank a lien on property belonging to you of any kind, whether real, personal, tangible or intangible, which is in our possession including the proceeds of any other check deposited or loaded on your behalf, which may be used to satisfy any debt owed by you under the terms of this or any other agreement with us without contest on your part.

L. L. Load Failures. If Bank is unable to load your card with funds from any check Ingo has accepted, Ingo will contact you to attempt to resolve the issue, which may require you to take action including registering your card for loading with your card issuer or trying a different card. If we are unable to resolve the issue and load your card, Bank may, in its sole discretion, mail you a check at the address registered to your account, credit the funds back to the account of the check writer, or take other action to return the funds to you or the check writer.

5. Customer Service.

If you have questions regarding a transaction using Ingo, please visit the Ingo Money website at www.ingomoney.com, email us at support@ingomoney.com, or call us Toll Free at (866) 984-4357.

6. Limitations on Liability.

A. Damages Exclusions. In no event will Ingo Money or Bank be liable for loss of goodwill or for special, indirect, consequential, incidental, exemplary, or punitive damages arising from your use of Ingo or any refusal of a third-party check, regardless of whether such claim arises in tort or in contract.

B. Warranty Disclaimer. Except as expressly provided in these Terms and Conditions, Ingo is provided to you AS IS, AS AVAILABLE, without warranty of any kind, express, implied or statutory. We do not warrant that the use of Ingo will be error-free or without interruption, and we are not responsible for errors or issues caused by the Internet, any processor, or any other third party. We do not guarantee the permanent availability of Ingo, including, but not limited to, the availability of the systems of affiliates, Ingo Money, Bank or other parties. THE WARRANTIES STATED IN THESE TERMS AND CONDITIONS, IF ANY, ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY US AND OUR AFFILIATES. WE DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL OTHER REPRESENTATIONS, CONDITIONS, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

C. Limitation on Liability. If you have any claims regarding the loading of funds from a check to your Card, the amount of your claim is strictly limited to the legal amount of the third party check involved.

D. Force Majeure. We will not have any liability if we are unable to perform our obligations pursuant to these Terms and Conditions, if Ingo is not useable, in whole or in part, as a consequence of an act of God, fire, explosion, public utility failure, accident, strikes, floods, embargo, war, terrorism, nuclear disaster, riot, failure of communication links or facilities, computer malfunction of a computer operated by or on behalf of us, an affiliate, or any other third party engaged by any of the foregoing as a result of events not within the control of such party, or other circumstances beyond such party’s control.

7. Confidentiality; Privacy and Security of Personal Data.

A. Confidentiality. We may disclose information to third parties about your Ingo Membership, your Check Load, or the transactions you make:

B. Privacy. Your personal data is collected during your enrollment in Ingo, when you make Check Loads, and when you otherwise provide it to us or we otherwise collect it during our performance of our obligations under these Terms and Conditions. Please refer to the Ingo Privacy Policy at www.ingomoney.com for information regarding our use of this data, which Policy is incorporated into these Terms and Conditions by this reference.

8. Use of Software.

The Ingo Money apps are the proprietary intellectual property of Ingo Money, Inc. and its partners and suppliers subject to copyright and other protection. You are granted a right to install and use the apps for your own personal use. You agree not to sell, lease, use or distribute the apps for any other purpose, and you agree not to or decompile, reverse engineer or otherwise translate the apps from their object code form. Our apps contain third party code and such third parties are expressly made a beneficiary hereof and may enforce these terms directly.

9. Cooperation.

You agree to cooperate at your own expense with any investigation of your dealings by any Federal, state, or local regulatory or law enforcement agency and with any court-ordered production of your enrollment or use of Ingo and transaction records.

10. Applicable Law.

These Terms and Conditions and all Check Loads shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to its conflict of laws principles.

11. General Terms.

These Terms and Conditions are the entire agreement between you, Ingo Money and Bank governing your use of Ingo. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in full force. The waiver by either party of any default or breach of these Terms and Conditions shall not constitute a waiver of any other or subsequent default or breach. Your Ingo account and your obligations under these Terms and Conditions may not be assigned. We may transfer our rights under these Terms and Conditions. Use of Ingo is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of these Terms and Conditions is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of these Terms and Conditions shall not be affected.

12. How to Contact Us.

If you have questions about these Term and Conditions, please contact us at by phone at (866) 984-4357, by email at support@ingomoney.com, or write to us at:

Ingo Money, Inc.
Attention: Ingo Privacy Officer
623 Holcomb Bridge Road
Roswell, GA 30076

© 2013 Ingo Money, Inc.
© 2013 First Century Bank, N.A.

End of Ingo Money and First Century Bank Terms and Conditions