AWSM Mastercard Cardholder Agreement
IMPORTANT: PLEASE READ CAREFULLY
I. Terms and Conditions for the AWSM Mastercard
This Cardholder Agreement ("Agreement") outlines the terms and conditions under which the AWSM Mastercard (the "Card") has been issued to you by Evolve Bank & Trust (Member FDIC) (the "Bank"). The Bank has retained a Program Manager to provide certain services on the Bank"s behalf. "Program Manager" for the AWSM Mastercard is AWSM Brand Management Inc. "Card Account" means the deposit account the Bank maintains for you and which is linked to this Card; such Card Account is governed by that certain deposit account agreement (the "Account Agreement"). This Agreement supplements the Account Agreement and all terms of the Account Agreement are hereby incorporated. In the event of a conflict between a term set forth in the Account Agreement and a term set forth in this Agreement, the term of this Agreement shall control on to the extent the conflict directly relates to the Card and the use of the Card; otherwise, the terms of the Account Agreement shall control. "You" and "your" means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" means the Bank, our successors, affiliates, assignees and our third-party service providers. The Card will remain the property of the Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference.
This Agreement is provided to you in electronic format pursuant to the E-Signature and Electronic Disclosure Agreement that you accepted and agreed to when you opened your Card Account. By accepting and/or using this Card, you agree to be bound by the terms and conditions contained in this Agreement.
Please keep for future reference the customer service telephone number, (917) 985-7788, or the telephone number on the back of your Card in case the Card is lost, stolen or destroyed.
THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION PROVISION. SEE SECTION XIX BELOW.
II. The Card
A. The Card is a debit card that is funded by your Card Account. The Card allows you to access funds deposited to your Card Account by you or on your behalf. The Card is not a credit card or a gift card and may not be gifted, sold or transferred. The expiration date of the Card is listed on the Card.
B. You agree that the Card will be used primarily for personal, family and household purposes only and not for business use. You may not use the Card for illegal gambling or any other illegal transaction. We reserve the right to cancel, close or restrict use of the Card and Card Account, including by refusing to process any transaction, if we believe you have violated this Agreement or any applicable law.
C. You must activate the Card and complete the activation process via Program Manager"s mobile application, including setting a Personal Identification Number ("PIN"), before it may be used. By activating the Card and setting the PIN you acknowledge that the Card is in your possession at the time of activation. You should memorize your PIN and not write down your PIN or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise the Bank and Program Manager immediately, following the procedures in Section XVII (Your Liability for Unauthorized Transfers) below. You may need to provide personal information in order for your identity to be verified and for completion of the activation process. You agree to sign the back of the Card immediately upon receipt.
The fees relating to the use (including misuse) of your Card are set forth in this Agreement and the attached fees exhibit (Exhibit 1) (the "Fees"). Exhibit 1 is incorporated herein by reference. Fees incurred pursuant to the terms of this Agreement will be withdrawn from your Card Account, unless prohibited by law. You agree to pay all Fees associated with the Card. We may from time to time amend the Fees, at our sole discretion, as set forth in Section XX (Other Terms). If you request a service that is not included in Exhibit 1 and there is a fee for such service, such fee will be disclosed at the time you request the service and you agree that any such fee may be deducted from your Card Account.
IV. Authorized Users
You are responsible for all authorized transactions initiated and fees incurred by use of the Card. You may authorize another person to use and access your Card and Card Account, subject to our approval. We may require you to submit certain information about each person you request to make an authorized user to use your Card or Card Account. If you permit another person to have access to the Card or Card Account, this will be treated as if you authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms of this Agreement, subject to Section XV (Lost or Stolen Cards or Unauthorized Transactions) and Section XVI (Your Liability for Unauthorized Transactions) below, and other applicable laws. Authorized users will have access to certain information about your Card and Card Account. We may also limit an authorized user"s ability to use the Card or Card Account. The authorized user is merely designated to conduct transactions on your behalf. You do not give up any rights to act on the Card or Card Account, and the authorized user may not in any manner affect the rights of the owner or beneficiaries, if any, other than by using the Card or Card Account and making transactions on the Card or Card Account. We undertake no obligation to monitor transactions to determine that they are on the owner's behalf. The authorized user"s authority is automatically terminated by the death of the owner. However, we may continue to honor the transactions of the authorized user until we have received written notice or have actual knowledge of the termination of authority and we have a reasonable opportunity to act on the notice or knowledge. If you want to remove an authorized user from your Card or Card Account, you must contact us and request their removal or manage authorized users from the Program Manager"s mobile application. Authorized users may remove themselves from your Card or Card Account upon request. You also must immediately destroy all Cards in their possession, change or destroy any other Access Code in their possession, and cancel any arrangements, such as automatic or scheduled transactions, they may have set up on your Card or Card Account. The authorized user will be able to use your Card and Card Account until we receive the request to remove the authorized user from your Card or Card Account and we have acted on your notice. During this time, you will still be responsible for all amounts they charge to your Card and all other transactions they make using your Card Account. You will be responsible even if these amounts do not appear on or post to your Card Account until after you remove the authorized user from the Card or Card Account. We reserve the right to remove any authorized user for any reason. To remove an authorized user for any reason, we may revoke your Card and issue a new Card with a different number, close your existing Card Account and issue a new Card Account with a new account number, and/or require you to change other Access Code.
V. Using the Card and Card Account and Limits
Subject to the limitations set forth in this Agreement, you may use your Card to access funds in your Card Account, including to purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account and aggregate purchases do not exceed the limits set forth in Exhibit 2. There may be Fees associated with some of these transactions. For fee information, see the Exhibit 1 attached to this Agreement.
A. With your PIN, the Card may be used to obtain cash at any Automated Teller Machine ("ATM") in the U.S. displaying the Mastercard, or Cirrus, acceptance marks, subject to your applicable daily cash withdrawal limit set forth in Exhibit 2. Additional fees will apply for the Card"s use at international ATMs. Fees may apply (see Exhibit 1 for details). ATM owner-operators may impose their own fees and lower limits on cash withdrawals. All ATM transactions are treated as cash withdrawal transactions and subject to your daily cash withdrawal limit. You may use your PIN at any Point of Sale ("POS") device, as permitted by a merchant that bears the Maestro acceptance marks, and subject to your daily purchase limit. Each time you use the Card, you authorize the Bank to reduce the value available in your Card Account balance by the amount of the transaction and any applicable fees.
B. Foreign Transactions. The Card may be used to conduct international transactions, including, without limitation, transactions conducted on international merchant websites or mobile applications accessible within the United States; provided the merchant accepts the Mastercard or any other logo on the Card. All debits to your Card Account will be posted in U.S. dollars. Transactions made in a foreign currency are converted into U.S. dollar amounts by Mastercard, using its then current currency conversion procedure and rate. The currency conversion rate used on the processing date may differ from the rate in effect on the transaction date or periodic statement posting date. Foreign transactions are subject to foreign transaction fees, as set forth in Exhibit 1, and will be included in the amount charged to your Card Account.
C. Card Not Present Transactions. If you initiate a transaction without presenting your Card (such as for a mail order, internet or telephone purchase or an ACH debit), the legal effect will be the same as if you used the Card itself. For security reasons, the amount or number of such transactions you may make may be limited.
D. The total amount of purchases, transfers, reloads and cash withdrawals (including withdrawals inside a bank office) that you can perform in any single day or over any other period is limited to the amounts set forth in the enclosed Exhibit 2. For security reasons, you may be further limited as to the number or dollar amount of transactions you can make with your Card. We may, at our discretion, modify the limits from time to time. You will be notified of any change in the manner provided by applicable law prior to the effective date. Card limits are subject to periodic review and may be changed based on your Card Account history, activity, and other factors, including but not limited to your Card activity. We retain sole discretion to apply and change limits.
VI. Split Transactions and Authorization Holds
A. Split Transactions. If you do not have sufficient funds in your Card Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called "split transactions." Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you fail to inform the merchant that you would like to complete a split transaction before swiping your Card, your Card is likely to be declined.
B. Authorization Holds. When you use your Card to purchase goods or services or to make a cash back withdrawal transaction, the merchant may attempt to obtain preauthorization for the transaction. If the merchant makes such a request, a "hold" is placed on your Card Account balance for the amount of the preauthorization request (which may vary in some cases from the amount of the actual purchase, depending on the merchant or purchase type), until the merchant sends the final payment amount of your purchase, or for up to sixty (60) days, even if you fail to make the purchase. During the hold period, you may not have access to the preauthorized amount in your Card Account. We will not be responsible if any transactions are not completed because of the hold. If the preauthorization request varies from the amount of the actual transaction, the actual transaction amount will be debited from your Card Account, even if this results in your Card Account balance becoming negative. You remain responsible for any negative balances in your Card Account. If you use the Card at an automated fuel dispenser ("pay at the pump"), the transaction may be preauthorized for an amount up to $100.00. If the Card is declined, but you have sufficient funds available in your Card Account, you should use the Card to pay for the purchase inside with the cashier. If you use the Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% to ensure there are sufficient funds available to cover tips or incidental expenses incurred. You do not have the right to stop payment on any purchase or payment transaction originated by use of the Card.
VII. Obligation for Negative Balances
Each time you initiate a Card transaction, you authorize the Bank to reduce the funds available in your Card Account by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions (creating a "negative balance"). Nevertheless, if any transactions cause the balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. You may also be liable for any related Insufficient Funds/NSF Fee(s) as set forth in Exhibit 1. We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Card we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Card if you create one or more negative balances with your Card. If you fail to pay us amounts owed under this Agreement, we may refer your Card Account and collection of amounts owed to a collection agency.
VIII. Recurring Transactions
If you intend to use your Card for recurring transactions, you should monitor your balance and ensure you have funds available in your Card Account to cover the transactions. "Recurring transactions" are transactions that are authorized in advance by you to be charged to your Card at substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your Card Account to cover the transaction. If these recurring transactions vary in amount, the recipient of the recurring transaction should inform you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. If you have provided instructions for recurring transactions from your Card Account, you can stop the payment by canceling or changing it within the Program Manager"s mobile application ( or notify us orally at (917) 985-7788 or email us at email@example.com or through the support functionality in the Program Manager"s mobile application or the website at least three (3) business days before the scheduled date of the transfer. If you call, we also may require you to put your request in writing and get it to us within fourteen (14) days after you call. An oral stop payment request will not be binding on us after 14 days if you fail to provide the required written confirmation (which can be in the form of a support message submitted via the Website or mobile application). If you have authorized a merchant to make the recurring transaction, you should contact the applicable merchant in order to stop the recurring transaction.
Transactions made using your Card will appear on your statement delivered in connection with your Card Account. Pursuant to the E-Signature and Electronic Disclosure Agreement, we will deliver any account statements required by law to you in electronic form. This means you will not automatically receive paper statements. You are responsible for keeping track of your available Card Account balance. Merchants generally will not be able to determine your available balance. It is important to know your available Card Account balance before making any transaction. Please see your Account Agreement for additional details.
X. Return and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to your Card Account for refunds and agree to the refund policy of the merchant. Neither the Bank nor Program Manager is responsible for the delivery, quality, safety, legality or any other aspects of the goods or services you purchase from others with the Card. If you have a problem with a purchase you made with the Card, or if you have a dispute with the merchant, you must handle it directly with the merchant. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
You should get or request a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipts to verify your transactions. Some merchants may not provide a receipt for small dollar purchases. You can get a receipt at the time you make any transfer from your Card Account by signing into the Program Manager"s mobile application.
XII. CARD CANCELLATION, SUSPENSION AND LIMITS AND CARD REPLACEMENT
We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. The Bank may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, you may do so by calling (917)985-7788, or the number on the back of your Card, or via your Program Manger"s mobile application. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. The cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of their rights under this Agreement without losing them.
If you need to replace the Card for any reason, request the replacement through the Program Manager"s mobile application (card replacement fees may apply). You might be required to provide personal information which may include the 16-digit Card number, your full name and knowledge of the Card transaction history. If you believe the Card has been lost or stolen, you may immediately disable it inside the Program Manager"s mobile application or by calling (917)985-7788. We may cancel any Card that has been disabled for sixty (60) calendar days or longer.
XIV. Our Liability for Failure to Complete Transactions
In no event will Bank or Program Manager be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. Neither Bank nor Program Manager will be liable, for instance: (1) if, through no fault of Program Manager or of the Bank, you do not have enough funds available in your Card Account to complete the transaction; (2) if a merchant refuses to accept your Card or provide cash back; (3) if an ATM where you are making a cash withdrawal does not have enough cash; (4) if an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (5) if access to your Card has been blocked after you reported your Card lost or stolen; (6) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) if Program Manager or the Bank has reason to believe the requested transaction is unauthorized; (8) if circumstances beyond Program Manager or the Bank"s control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that Program Manager or the Bank has taken; or (9) any other exception stated in this Agreement with you.
XV. Lost or Stolen Cards or Unauthorized Transfers
If you believe your Card or PIN has been lost, stolen or compromised, immediately disable your card and report it lost, stolen or compromised via Program Manager"s mobile application or call (917)985-7788 or the number on the back of your Card or write to us by email at firstname.lastname@example.org. You should also notify us via means set forth in this Section if you believe an electronic transfer has been made using the information from your Card or Card Account without your permission.
XVI. Your Liability for Unauthorized Transactions
You agree to exercise reasonable control over your PIN(s); user ID(s); and password(s) and any other access code related to your Card Account (each, an "Access Code") and your Card. If you believe the Card or Access Code has been lost, compromised or stolen, immediately disable your card via Program Manager"s mobile application and contact us though Program Manager"s mobile app or call us at (917)985-7788or email us as soon as possible at email@example.com. Messaging us from the Program Manager"s mobile application is the best way to minimize your possible losses. If you believe the Card has been lost or stolen, or that someone has transferred money or may transfer money from your Card Account without your permission, immediately disable your card via Program Manager"s mobile application or contact us at (917)985-7788 or email at firstname.lastname@example.org. You could lose all of the money in your Card Account. We may suspend or cancel your Card and/or corresponding Card Account in the event of excessive reports of Card loss or theft. Under Mastercard- Rules, you will not be held responsible for unauthorized transactions if you have used reasonable care in protecting your Card from loss or theft and you have promptly reported to us when you knew that your Card was lost or stolen. Zero Liability does not apply to Mastercard payment cards that are used for commercial purposes or anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). In the event that Mastercard Zero Liability does not apply, if you notify us within two (2) business days after you learn of the loss, theft, or possible unauthorized use,, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.
Also, if you become aware of and/or your statement shows transactions you did not make, notify us at once following the procedures stated in Section XVII (Your Right to Dispute Errors). If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time.
You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card or Access Code(s). You also agree to cooperate completely with us and the Bank in attempts to recover funds from unauthorized users and to assist in their prosecution. The Bank may issue replacement Card(s) or Access Code(s), but only after you have provided such proof and security or indemnification as the Bank may require. In addition, you acknowledge that the Bank may have to deactivate your Card(s) and/or Card Account to prevent future losses. If you share your Card(s) or Access Code(s) with another person, use of your Card Account by that person may be considered as authorized. If you authorize another person to use your Card or Access Code(s), you agree that you will be liable for all transactions arising from use of the Card or Access Code(s) by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction or you do not benefit from the transaction in any way.
XVII. Your Right to Dispute Errors
If you think an unauthorized transaction or other error has occurred in the Card Account, including unauthorized transactions that occurred because the Card has been lost or stolen promptly call the number on the back of your Card, or call (917)985-7788, or provide notice through email@example.com or through the Program Manager"s mobile application. We must hear from you no later than sixty (60) days after we provided the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number.
2. Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error and the time you believe the error occurred.
If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety (90) days for those transactions at merchant POS terminals, processed on a new account, or initiated outside the United States) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error so that you will have full use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
For errors involving new accounts (an account where the first deposit to the account occurs less than 30 days before the error), we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; ii) or Card; iii) your acquisition of the Card Account or Cards; iv) your use of the Card; v) advertisements, promotions or oral or written statements related to the Card, as well as goods or services purchased with the Card Account or Card; vi) the benefits and services related to the Card; or vii) transactions made using the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1?16). The arbitration shall occur in Shelby County, Tennessee.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv) closing of the Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
XIX. Other Terms.
A. The Card and your obligations under this Agreement may not be assigned. The Bank may transfer its rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. The Bank does not waive its rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be 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 this Agreement shall not be affected. This Agreement will be governed by the law of the State of Tennessee except to the extent governed by federal law.
B. By activating the Card or by retaining, using or authorizing the use of it, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a jurisdiction where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the fifty (50) states of the United States ("U.S.") or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.
C. The terms and conditions of this Agreement may be revised by posting a revised version here https://awsmbank.com/cardagreement.html. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, the Bank or Program Manager can implement such change without prior notice. We may cancel or suspend the Card or this Agreement at any time. You may cancel this Agreement by returning the Card to the Bank. Your termination of this Agreement will not affect any of the Bank"s or Program Manager"s rights or your obligations arising under this Agreement prior to termination. In the event your Card is cancelled, closed or terminated for any reason, any remaining available funds associated with the Card Account will be returned to you, subject to any contrary provision in this Agreement and applicable law.
XX. Virtual Card Option.
If enabled by the Program Manager, you may have the option of accessing your Card Account with, in addition to your physical card, a virtual card represented by a 16#digit account number ("Virtual Card"). The Virtual Card may either be single#use, meaning the 16#digit account number will expire after a single transaction, or recurring#use, meaning you may use your 16#digit account number for multiple transactions.
You may elect to add your Virtual Card to one or more digital wallets ("Digital Wallets") supported by Bank and subject to the Bank's terms for adding your Virtual Card to a Digital Wallet.
The Digital Wallet provider may allow you to conduct transactions at a point of sale device and you may not be able to use your Virtual Card to perform transactions at such point of sale devices until you have selected a PIN pursuant to this Agreement.
You may use your Virtual Card to make purchases at any merchant that accepts Mastercard cards or cards of other networks in which the Bank participates, subject to the funds available in your Card Account, the transaction limits described in Exhibit 2, and the other terms and conditions of this Agreement. Each time you use your Virtual Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the amount of available funds in your Card Account through an individual transaction or a series of transactions. If you do not have enough funds available in your Card Account, you split transactions described in this Agreement. Some merchants do not allow cardholders to conduct split transactions. Nevertheless, if a transaction exceeds the amount of available funds in your Card Account, you will be fully liable to us for the full amount of the transaction and any applicable fees. Except for Virtual Cards added to any Digital Wallet, in accordance with and subject to the Digital Wallet Terms, you will not receive a PIN with your Virtual Card or set a PIN for your Virtual Card. When making purchases with your Virtual Card at any POS device other than through a Digital Wallet provider, you may select "CREDIT" on the keypad to make a signature purchase. You may not use your Virtual Card for online gambling or illegal transactions. We may temporarily "freeze" your Card Account and attempt to contact you if we notice transactions that are unusual or appear suspicious.
You may not use your Virtual Card to obtain cash anywhere.
XXI. No Warranty of Availability or Uninterrupted Use
From time to time, services related to the Card may be inoperative. When this happens, you may be unable to access the Website or Program Manager"s mobile application, and you may be unable to use the Card or obtain information about the Card. Please notify us if you have any problems using the Card or Website. You agree that except as required by applicable law, we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
XXII. Governing Law; Severability
This Agreement and any claim, dispute or controversy arising from or relating to this Agreement, the Card, or any amounts contracted for, charged or received under this Agreement, whether based on contract, tort, fraud and other intentional torts, statute, regulation, constitution, common law and/or equity, are governed by the laws of the State of Tennessee (without regard to internal principles of conflicts of law) and applicable federal law. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Exhibit 1 Fees
$4.99 /month for the first authorized user/additional account;
$1.49 /month for each additional authorized user/additional account
U.S. ATM Withdrawal
$0.00 *subject to ATM operator fee
U.S. ATM Decline
$0.00 *subject to ATM operator fee
Withdrawal through Bank Teller
International ATM Transaction
$3.00 *subject to ATM operator fee
International ATM Decline
$0.00 *subject to ATM operator fee
International Transaction Fee
3% of transaction value when using your Card outside if
Paper Statement Fee
$4.99 Free PDF Statements available inside the app
Card Replacement Fee
$4.99 per replacement card
Express Mail Fee
Exhibit 2 Transaction Limits
Maximum Balance per Account
Maximum Load Amount per Day
Maximum ATM Cash Withdrawal per Day
Maximum POS Transaction per Day
The daily period to which the transactional limits apply shall commence at 12:00 Midnight on each day and end at
12:00 Midnight on the following day (CST).
The transactional limits provided in the table(s) above are the lowest limits allowed and we will not decrease these
limits without prior notice. However, we reserve the right to allow you to transact higher volume than the limits
defined herein at any time without prior notice. Because of the limitations imposed by some non#Bank ATMs and in the
event of equipment failure or unavailability, you may not be able to withdraw or to access funds even though you have
not exceeded these limitations.