1.1 H&R Block Pay With Refund™ Service Terms and Conditions
H&R Block Canada Inc. offers the H&R Block Pay With Refund ("PWR") service on the express terms and conditions set out here. By signing up for the PWR service, you are accepting these terms and conditions and entering into an agreement ("this Agreement" or "the Agreement") with H&R Block for the provision of the PWR service on these terms and conditions.
You have qualified for the PWR service based on your federal and provincial tax refund, any recurring monthly Trillium payments, and any quarterly GST/HST payments. The PWR service is provided jointly through H&R Block and DirectCash Bank ("DC Bank"), a federally regulated, Canadian Deposit Insurance Corporation (CDIC) insured, Schedule 1 Bank located in Calgary, Alberta, Canada. You will also enter into an agreement for a deposit account with DC Bank. In these terms and conditions, and the Agreement formed by your acceptance of them, "H&R Block" means H&R Block Canada, Inc., and each of its direct and indirect parents, subsidiaries, affiliates, agents, successors, assigns, and the franchisees of any of them.
You understand that the fees owed to H&R Block for tax preparation are due and payable when all of the tax preparation services are completed on your behalf. PWR is a service which allows you to defer, without penalty, paying your H&R Block tax preparation fees until you receive your tax refund or other payments due from the Canadian Revenue Agency ("CRA") or Revenu Quebec ("RQ") (either or both being referred to as the "Taxing Authorities"). PWR involves the establishment of a deposit only account in your name at DC Bank (the "Deposit Account") to which your expected refund(s) or other payments are directed to be paid. Upon receipt of the refund(s) or other payments from the Taxing Authorities, you irrevocably pre authorize DC Bank to debit the amount of the tax preparation fees and transfer that amount to H&R Block in satisfaction of that debt. You may choose to receive the balance of your funds remaining in your Deposit Account in one of three ways: (1) by direct deposit into the bank account of your choice; (2) by delivery to an H&R Block Advantage Visa® Prepaid card issued by DC Bank (the "Refund Card"); or (3) by INTERAC e Transfer® to a bank account of your choice (the "e Transfer"). No charges are payable to H&R Block in connection with establishing the Deposit Account, but a fee may be payable to DC Bank. Any DC Bank charges are disclosed in the contracts to be entered between you and DC Bank in this respect.
1. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW IN CANADA REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.
YOU UNDERSTAND AND ACKNOWLEDGE THAT: WHEN YOU OPEN AN ACCOUNT, YOU WILL BE ASKED FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL AL LOW YOU TO BE IDENTIFIED. YOU MAY ALSO BE ASKED TO PRODUCE YOUR DRIVER'S LICENSE OR OTHER IDENTIFYING DOCUMENTS.
2. Payment of Other Debt. IF ANY PROVINCIAL LAW DOES NOT PERMIT THE REPAYMENT OF ANY OF THE DEBTS LISTED BELOW IN THE MANNER SET FORTH, THE PROVISIONS OF THIS SEC TION RELATING TO THOSE DEBTS SHALL NOT APPLY IN THOSE PROVINCES. With respect to any PWR service or related fee debt that you owe to H&R Block, you understand that you may have delinquent tax preparation fee debt or a refund shortage from a Cash Back, a Pay Account Later ("PAL") service debt or any other services you obtained in a prior year from H&R Block ("Other Debt"). With respect to any such Other Debt that you may owe to H&R Block, and provided that such Other Debt has not been discharged in bankruptcy, you authorize and direct DC Bank and H&R Block to repay your Other Debt by deducting amounts from your Deposit Account established in connection with your PWR service and paying such amount to H&R Block. Other Debt will be deducted from the Deposit Account prior to final disbursement of the remaining balance according to your instructions.
PLEASE NOTE: If you have Other Debt, you understand and acknowledge that H&R Block may be acting as a debt collector to collect that Other Debt and that any information obtained by H&R Block will be used for that purpose.
You understand and agree that payment of the tax preparation fees and Other Debt, if applicable, owed to H&R Block is dependent upon the Taxing Authorities funding your Deposit Account and H&R Block and DC Bank completing all of the activities associated with your PWR service. Up until such time as the Taxing Authorities process your tax return you have the ability to opt out of PWR and re direct the payment of your tax refund to any other account that you have other than the Deposit Account. If you exercise this option such that the refund or other payment is re directed by you to a different account and H&R Block is not paid the tax preparation fees or Other Debt owing, this will fall under H&R Block's regular collection process after a determined period of time.
In addition, if the amount refunded or paid by the Taxing Authorities is less than the aggregate amount of the tax preparation fees and Other Debt owed to H&R Block then you remain liable for the full amount of those fees and Other Debt.
Please Note: If you have any questions concerning any debt you owe to H&R Block, including whether you owe any such debt and, if so, the specific amount of such debt, you should contact 1 800 HRBLOCK (1 800 472 5625) prior to applying for a PWR service or at any time thereafter. A telephone will be made available for your use if you wish to do so.
3. Applicable Law. This Agreement, and all the other documents executed in connection with this Agree ment or your PWR service (collectively, "Documents") shall be governed by and construed, interpreted, and enforced in accordance with the laws of the Province of Alberta and the federal laws applicable therein.
4. Important Information about the PWR service. You understand and acknowledge that:
(a) The PWR service is not a loan, but instead is a bank deposit product that enables you to direct pay ment of certain fees and debt from your federal and provincial tax refunds, any recurring monthly Trillium payments, any quarterly GST/HST payments or other payments.
(b) A federal and provincial PWR service delivers an amount equal to your federal and provincial tax refunds/payments, less H&R Block tax preparation fees owed, any Other Debt, fees payable to DC Bank, and other authorized amounts.
(c) The CRA normally make an electronic deposit within 7 14 days after an electronic filing of a return. A paper return can take 8 16 weeks. Refunds are normally received from RQ within 14 working days after an electronic filing, and 4 6 weeks after filing a paper return. You can receive your federal and pro vincial tax refund in approximately the same amount of time with a direct deposit by the Taxing Authorities of your tax refund into your own separate bank account for no additional fee.
(d) You can file your tax returns electronically or via paper without obtaining the PWR service.
(e) The CRA and provincial taxing authority will send you a refund cheque or electronically deposit your refund to your existing bank account.
(f) You will not receive funds associated with a PWR service until DC Bank receives your tax refund or recurring payment issued by the Taxing Authorities.
(g) Neither DC Bank nor H&R Block guarantee when any proceeds of a PWR service or a tax refund will be available to you.
5. Deposit Authorization.
(a) After you sign your PWR Agreement signing page, H&R Block will electronically transmit or paper file your tax return with the Taxing Authorities and send your PWR service information to DC Bank to set up the Deposit Account. You understand that you will sign a deposit authorization to the Taxing Authority (the "Direct Deposit Authorization") as part of your Agreement and electronic tax filing, and that the Direct De posit Authorization and this Agreement provide an agreement to have your tax refund and other recurring payments disbursed to the Deposit Account with DC Bank.
(b) If CRA does not deliver a tax refund to the Deposit Account, you still owe and agree to pay any tax preparation and related fees.
(c) Once your federal or provincial tax refund and other amounts, if any, are received in the Deposit Ac count, DC Bank will look only to amounts received into the Deposit Account for payment of the tax prepara tion fees or delinquent Cash Back, PAL or Other Debt. You can check the status of your refund by calling 1 800 HRBLOCK (1 800 472 5625).
6. Refund Deposit Account. You request and direct that a Deposit Account be opened at DC Bank upon completion of this Agreement for the purposes of ensuring the disbursement of the amounts described in the Documents and on the terms and conditions as described in the Documents.
7. No Fiduciary Duty. You understand that for various fees received, H&R Block is acting only as your tax preparer (if applicable), your electronic filer, and contracts with DC Bank to establish your Deposit Account and to deliver funds via a direct deposit, via the Refund Card or via e Transfer with respect to the PWR service. You further understand that H&R Block and DC Bank are not acting in a fiduciary or confidential capacity with respect to you in connection with this transaction and that H&R Block and DC Bank have no other duties to you beyond the preparation of your tax return (if applicable), the transmission of your tax preparation fee information to DC Bank, and the electronic filing of your tax return with the Taxing Author ity. You further understand that H&R Block has been appointed as the agent of DC Bank in connection with this Agreement and the PWR service. You acknowledge that you have independently evaluated and decided to apply for a PWR service, and that you are not relying on any recommendation from H&R Block.
8. Disclosure Information.
(a) "Information" means your federal and provincial income tax returns, any information obtained in connection with your tax return (including information relating to a possible offset of your tax refund or the possibility that your tax return is incorrect), and any information relating to this Agreement or any other Document, PWR, or similar service you have received or requested from H&R Block.
(b) "Authorized Parties" means H&R Block and DC Bank.
(c) The Authorized Parties may share Information to determine whether you qualify for a PWR service, to provide a PWR service to you, to collect H&R Block debts or fees, to prevent fraud, and to otherwise administer or promote the program for the PWR service.
(d) The Authorized Parties may disclose Information to the CRA and provincial taxing authorities.
(e) H&R Block may call, or input your Information on any web site of the CRA or provincial taxing authori ties in connection with this Agreement, to, among other things, determine the status of your tax return or tax refund. The CRA and provincial taxing authorities may disclose information about you, your tax returns and your tax refunds to H&R Block.
9. Arbitration Provision. Any claim, dispute or controversy, present or future, however arising out of or relating to this Agreement, a product or service that you are provided with under this Agreement, or oral or written statements, or advertisements or promotions relating to this Agreement or to a product or service provided to you thereunder (each, a "Claim"), will be referred to and determined by private and confidential mediation before a single mediator chosen by the parties and at their joint cost. Should the parties after mediation in good faith fail to reach a settlement, the issue between us shall then be determined by private, confidential and binding arbitration in accordance with the rules of the Canadian Arbitration Association, before a single arbitrator mutually appointed by the parties. The decision of the arbitrator shall be final and binding on the parties. By so agreeing, you waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you hereby agree to opt out of any class proceeding against H&R Block otherwise commenced.
10. Survival. The provisions of this Agreement shall survive the disbursement of your funds under the PWR service.
(a) References to "you" or "your" in the Documents shall refer individually to each applicant for a PWR service and to both applicants for a joint PWR service, and the obligations of such individuals under the Documents will be joint and several.
(b) If any provision of the Documents or part thereof is deemed invalid, such invalidity will not affect any other provision of the Documents or part thereof.
(c) H&R Block may obtain information from third parties in connection with evaluating your eligibility for
(d) H&R Block may transfer, sell, participate, or assign all or a portion of any rights, duties, or obligations relating to a PWR service, to H&R Block or any third party without notice to you or your consent.
(e) Supervisory personnel of H&R Block or its agents may listen to and record your telephone calls.
(f) You agree that H&R Block may send any notices and billing statements to the address of the primary applicant and not to the address of the joint applicant if such address is different.
12. Certification. By entering into this Agreement, you represent and certify to H&R Block that the follow ing is true:
(a) Presently, you do not have a petition (whether voluntary or involuntary) filed and you do not anticipate filing a petition under bankruptcy laws.
(b) You have not had a debt with H&R Block that has been discharged in bankruptcy.
Check the status of your refund: If the CRA has released your refund and you have not received your money, you can call 1 800 HRBLOCK (1 800 472 5625).
1.2 H&R BLOCK PAY WITH REFUND CLIENT FREQUENTLY ASKED QUESTIONS
Q. Why are my tax refunds or GST, Trillium or other payments still going to DC Bank, after my H&R Block tax preparation fees are paid off?
A. CRA and RQ will continue to deposit refunds and credits to your DC Bank account after your H&R Block fees are paid. These credits will flow directly through to the disbursement option you have chosen; onto your Advantage Card, or direct deposit or e Transfer to your personal bank account. Once your fees are paid off, should you wish to change the direct deposit information from your DC Bank account to another account of your choice, this can be accomplished by:
o Calling CRA at 1 800 959 8281 and providing them with new banking information for direct deposit, or
o Logging on to My Account on the CRA website and updating the direct deposit information, or
o Printing the Direct Deposit Enrollment Form from the Public Works and Government Services Canada website and mailing the changes.
o Logging on to Change Direct Deposit Information online services on the RQ Website, or
o Viewing and actioning the mail in options provided on the RQ website to update your banking information
Q. Why isn't there any money on the Advantage Prepaid VISA® card I received?
A. Money is not loaded on an Advantage card issued through the H&R Block Pay With Refund service until after CRA or RQ has processed your tax return and sent your refund, or GST/Trillium or other recurring payments to DC Bank to deposit onto your card.
Q. I received an email/text message saying my refund was processed and money was deposited but it isn't in my bank account yet.
A. DC Bank sends an email or text message when they receive a deposit from CRA or RQ. It takes 1 - 2 business days for the deposit to be sent to your personal bank account if you've chosen direct deposit.
Q. How do I change the account number I gave for my direct deposit?
A. Please take a new void cheque or direct deposit form into your H&R Block office who can send the information to Head Office to be changed.
Q. How do I have my Child Tax Benefit (CTB) and/or Universal Child Care Benefit (UCCB) go to a different bank account?
A. You can request CRA to direct your Child Tax Benefit and/or your Universal Child Care Benefit to a dif ferent bank account than your tax refund, GST credit, Trillium credit and WITB payments by:
o Calling CRA at 1 800 959 8281 and providing them with new banking information for deposit of your CTB and/or UCCB.
o Logging on to My Account on the CRA web site and updating the direct deposit information for your CTB and/or UCCB payments.
o Printing the Direct Deposit form from the Public Works and Government Services Canada web site and mailing the changes.
1.3 ADVANTAGE CARD CLIENT FREQUENTLY ASKED QUESTIONS Q. Benefits of the Advantage Card?
o It's instant - like having money in your hand. Ready for use as soon as your refund is paid
o Funds can be withdrawn at any Visa/Plus ATM Network machine 24/7
o The card can be used once loaded for purchases - in store or on line
o No waiting time for cheques to clear or cheque cashing fees
o More secure
o Can be replaced immediately upon visiting an H&R Block office
o Purchases can be returned for refunds onto the card (provided the merchant accepts returns)
o Easy to access card balances with 4 different options
o Can be reloaded with next year's refund at H&R Block again
o Can be reloaded with personal funds at 6000+ Canada Post locations
o Can make bill payments with it
Q. How do I use the card?
A. The H&R Block Advantage Card is not equipped with a chip. If using it for a purchase, slide the card and sign the receipt. There is no fee charged for use if the Advantage Card is used for purchasing goods in a store or online. If using the Advantage Card to make an on line purchase, enter the name and address of the cardholder as it appears on the DC Bank agreement you signed when you received the card.
Q. How do I withdraw cash from an ATM?
A. If using the card at an ATM, just insert it and follow the directions. The PIN will be required. Select "Credit Card" to withdraw funds from an ATM. The card will not work if the "Chequing account" or "Savings account" option has been selected. As with most regular credit cards, there is a fee for every ATM transac tion. The withdrawal amount plus the fee cannot exceed the available balance.
Q. Is there a limit on how much can be withdrawn or spent on purchases using the Advantage Card?
A. The Advantage Card itself has a $2,500.00 daily limit for ATM withdrawals and $7,500.00 daily for pur chases. ATMs may have lower withdrawal limits than the card. However, multiple Visa/Plus ATM Network machines can be used to withdraw additional amounts of money.
Q. What if I have problems with the Advantage Card once I leave the office?
A. You can call our Client Service Center at 1 800 HRBLOCK to get assistance if you have concerns about how to use the card or if it is lost. For balance inquiries, PIN resetting, or withdrawal issues, you should call DC Bank toll free 1 877 275 1374. However, if a new card needs to be issued, you will also have to go to your H&R Block office for a replacement card.
Q. What if there are attempts to withdraw funds from a Visa/Plus ATM Network machine but no funds come out and an ATM fee is charged?
A. Call DirectCash toll free at 1 877 275 1374 and report the situation. DirectCash will initiate a trace to investigate the transaction, which can take up to 45 days. When the merchant verifies that funds did not come out, the respective amount will be credited back to the Advantage Card. This situation may arise if no funds were left in the ATM or a jam may have occurred. You should retain the ATM transaction receipt.
Q. What if I report a problem with a retailer in accepting the Advantage Card?
A. Even though the VISA® is widely accepted, there may be merchants that are not set up for VISA® pay ments. You have the option to purchase somewhere else or to pay with other means.
Q. I want to return an item that was purchased using the Advantage Card. Can the refund be cred ited to the card?
A. Yes, if the retailer accepts returns for refund, refunds can be completed on the Advantage card. Refunds can take up to 45 days to appear on the card.
Q. Can the Advantage card be used outside of Canada?
A. Yes, the Advantage card can be used internationally, wherever VISA® is accepted. The immediate user fees are the same as for the use of the Advantage card in Canada. While no direct purchase fee is charged when using the Advantage card in a foreign store, for the use of a foreign ATM, the same with drawal fees of $2.95 per transaction apply. Withdrawals are also subject to the ATM requirements of the country being visited. A 3.5% fee will be charged on all international transactions.
Q. What do I do if I lose or damage the card, or if it is stolen?
A. If the card is lost or stolen you should immediately call 1 877 275 1374 to have the card disabled. Come into any H&R Block office to have a replacement card issued. Note: As long as the lost or stolen card is not reported, you will be liable for any loss of funds. The VISA® Zero Liability Guarantee starts with reporting of the lost or stolen card.
Q. How do I check the balance on my Advantage Card?
A. You can check your Advantage Card balance in one of four ways:
o Set up balance alerts sent to your cell phone via text message at hrblock.cardfunctions.net
o Set up balance alerts sent by email at hrblock.cardfunctions.net
o You can call the toll free interactive voice recognition (IVR) number: dial 1 877 275 1374
o Check the balance on line at hrblock.cardfunctions.net
Q. There is a small balance remaining on the card, how is that withdrawn?
A. Because the smallest balance that can be withdrawn from an ATM is $20, the best way to use the remaining balance is by doing a partial payment on a purchase. Many merchants offer the ability to make a partial payment automatically when the balance does not cover the entire purchase. If the merchant does not automatically offer partial payment follow these steps:
1. When making a purchase, tell the clerk that you have funds remaining on your card and that you would like to make a partial payment using these funds.
2. The clerk can apply the remaining funds from your card and then will ask you how you would like to pay for the remaining balance. The options to pay are determined by the retailer, but typically include debit card, credit card, cash, cheque, etc.
3. Pay the remaining balance using the payment method of your choice.
Q. What if the PIN is not working?
A. If the PIN is entered incorrectly more than 3 times, you will be locked out and must call toll free 1 877 275 1374 to have the PIN reset. If you have forgotten your PIN, you will need to go to your H&R Block office to have a new card issued.
Q. Why is there a hold on funds on my card?
A. A "hold" may be placed on transactions made at car rental companies, gas stations, hotels or restau rants. Some holds are placed for an amount higher than the actual service. This does not mean a mer chant is charging you more; it is to ensure sufficient funds are available in case additional charges need to be applied, such as late fees or damage fees. Holds usually fall off your prepaid account automatically in 1 5 business days from the date of service. Hotels & rental car merchant holds may take longer depending on policies. Please speak directly with the merchant if you have further questions about holds.
Q. Can the funds be transferred from the Advantage Card to a bank account?
A. Funds cannot be directly transferred from their Advantage Card to a personal bank account. Instead, you can withdraw the funds from multiple Visa/Plus ATM Network machines and then deposit them into your bank account.
Q. How do I dispute a purchase or online transaction?
A. If you believe your card has been subject to an incorrect, unauthorized or a transaction you do not recognize, you can ask the DC Bank to investigate by contacting 1.877.275.1374
Q. Is there a timeline or deadline for reporting transactions for investigation?
A. Yes. If you have identified a transaction error on your statement, such as an incorrect or unauthorized amount, we must hear from you no later than 45 days from the transaction date posted on your card state ment.
Q. How long does a purchase, online or ATM transaction investigation take?
A. Once we have received your completed chargeback form, we will begin investigating the transaction. Investigation timeframes may take 45 to 120 days.
Q. When will I receive a credit for the investigated transaction?
A. This is dependent on what we found during our investigation. If our investigation confirms an error did occur, we will credit your card. If we find an error did not occur, no credits will be provided.