top of page

By using NurseWallet Earned Wage Access Program (“EWA”) you agree to the terms contained here (“Program Terms”).

  1. Overview of the NurseWallet Earned Wage Access program

EWA provides you the ability to access a portion of the money you have earned as regular pay from work already performed (“Unpaid Earnings”) before your scheduled pay date from your employer. 

EWA will be available to you in your account on the NurseWallet mobile application. In order to access EWA, you must link your bank account into which you will receive the funds. Based on information provided to NurseWallet by your Employer, NurseWallet will display in your account the calculated amount of Unpaid Earnings from regular pay and the portion that is available to you to receive through EWA. Regular pay refers to hourly wages earned and excludes other forms of payment, such as per diem pay, bonus pay or other off-cycle payments. The portion of your Unpaid Earnings available to you is determined by NurseWallet in our sole discretion.

When you initiate an EWA transaction, NurseWallet will deposit a portion of the Unpaid Earnings into your linked bank account (“Earned Wages Paid”). Upon initiating the EWA transaction, you give NurseWallet all right, title and interest to the related Unpaid Earnings from your employer. The amount of Unpaid Earnings equal to the Earned Wages Paid will be recovered by NurseWallet through an Employer-facilitated deduction from your next paycheck from the Employer. In the event of a failed or partial payroll deduction due to administrative or technical error, NurseWallet has the right to attempt one additional payroll deduction for a subsequent paycheck to recover a total amount equal to the Earned Wages Paid.

2. NurseWallet’s right to receive your Unpaid Earnings is non-recourse

In the event that the Employer fails to provide payment to NurseWallet for the Earned Wages Paid, NurseWallet has no legal or contractual claim or remedy, direct or indirect, against you. NurseWallet:

  • Has no right to take payment from any of your accounts

  • Will not engage in any debt collection activities related to EWA 

  • Will not place any funds related to an EWA transaction as a debt with or sell it to a third party

  • Report to a consumer reporting agency concerning an EWA transaction

 

3. We will not charge you a fee for access to the NurseWallet Earned Wage Access Program

You will not owe a fee of any kind to either NurseWallet or the employer for access to Unpaid Earnings.

4. NurseWallet and the Employer will share data required to provide the Earned Wage Access Program

You consent to NurseWallet and the Employer sharing data about you that is required for us to execute the Earned Wage Access Program. This includes some, or all, of the following items:

  • Your name

  • Your employee identification number

  • Your gross and net earnings

  • Your timecard

This information will not be shared with any third parties other than NurseWallet and the Employer. You further consent to NurseWallet collecting, using, and sharing data consistent with NurseWallet’s Privacy Policy.

 

5. Termination rights

NurseWallet reserves the right to suspend or terminate your access to the Earned Wage Access Program at any time in our sole discretion. 

6. User agreements

By accessing the Earned Wage Access Program you agree that:

  • You will take all actions, including the execution of documents requested by us, to preserve and protect our right, title, and interest in and to any Earned Wages Paid;

  • You will not take any action or make any omission (including redirecting payments, or placing or allowing placement of a lien or security interest on any Earned Wages Paid) that has, individually or in the aggregate, an adverse effect on our ability to collect on or retain any Earned Wages Paid; and

  • You will not use the Earned Wage Access Program to obtain more Unpaid Earnings than you have earned, including receiving payments on the Earned Wage Access Program from both NurseWallet and another person for the same work. If you receive a payment on the Unpaid Earnings from the Employer or someone other than NurseWallet, you must notify us immediately and hold the amount in trust for our benefit, or if we otherwise learn that you are expected to receive such a payment from the Employer or someone other than NurseWallet.

 

7. User representations and warranties

You represent and warrant to us on a continuing basis that:

  • These Program Terms constitute a legal and valid contract that is binding on you and enforceable against you as written;

  • The execution, delivery, and performance of these Program Terms by you does not violate any law or the provisions of any agreement to which you are bound;

  • There are no claims, actions, suits, audits, inquiries, proceedings, or governmental investigations pending or threatened involving you or the transactions contemplated by these Program Terms that, if adversely determined, would be reasonably expected to have an adverse effect on our ability to collect on or retain any Earned Wages Paid; and

  • You have not used any name with us or with the Employer other than the name you used or verified to establish your NurseWallet account.

And each time you ask us to access any of your Unpaid Earnings, you also represent and warrant to NurseWallet that at the time of your request:

  • You hold all legal right, title, and interest to and in the Unpaid Earnings, free and clear of any liens, encumbrances, judgments, or garnishments; and you have not sold, pledged, assigned, or encumbered the Unpaid Earnings;

  • The Unpaid Earnings are presently and unconditionally owing and have not been modified, dismissed, settled, or paid; are not currently past due; and represent the amount owed by the Employer arising solely from your actual and timely provision to the Employer in the ordinary course of business of lawful services, which you have accurately recorded and described to the Employer;

  • The Unpaid Earnings are not subject to any Dispute, claim, offset, deduction, discount, defense, or counterclaim of any kind; and

  • There has been no error, misrepresentation, negligence, fraud, omission, or violation of law on the part of you with respect to the Unpaid Earnings or their underlying services

8. Limitation of Liability

To the fullest extent permitted by law, we are not liable to you for any consequential, indirect, special, punitive, putative or exemplary damages, lost profits or lost revenues, whether or not advised of the possibility of such damages, and regardless of the legal theory on which the claim for damages is based.

 

9. Waiver and Severability

The failure of NurseWallet to enforce any right or provision of these Program Terms will not be deemed a waiver of such right or provision. If any portion of these Program Terms should be held invalid or unenforceable for any reason, the remaining portions of these Program Terms will remain in full force and effect. 

 

10. Contact

If you have any questions about these Program Terms, please contact support@nursewallet.co.

 

11. Amendments

We may update or replace these Program Terms by posting an updated version to our website. Any changes to these Program Terms will be effective upon posting. Your continued use of EWA will serve as your acceptance of any changes to these Program Terms.

 

12. Definitions

  • Program Terms: The agreement contained within

  • NurseWallet Earned Wage Access Program; EWA: The service described in section one of these terms

  • Unpaid Earnings: the accrued cash value of the wages the employee has earned up to the date and time of the transaction, which amount is determined based upon timely information provided by the Employer to NurseWallet. The “accrued cash value of the wages” are wages that the employee is entitled to receive under State law in the event of separation from the employer for work performed for the employer, but for which the employee has yet to be paid. 

  • Earned Wages Paid: the portion of the Unpaid Earnings that is made available to you through the Earned Wage Access Program

  • NurseWallet; We; Us: Financial Nirvana Corp.

  • Employer: The entity for which you provide services and from whom you receive related wages

bottom of page