CenterCard Business Debit Card Account Agreement

BUSINESS DEBIT CARD ACCOUNT AGREEMENT

This CenterCardTM Visa® Business Debit Card Account Agreement (“Agreement”) contains contract terms and other important information relating to the CenterCard Visa Business Debit Card (“Card”). The terms provided in this Agreement will govern the operations of the Card Account (defined below) unless varied or supplemented in writing. You should read this Agreement carefully and save for future reference. The Card has been issued to the Cardholder at the request of your employer or contractor (the “Company”). The Company shall be responsible for notifying Cardholder of the relevant terms applicable to their Card use and for ensuring that each Cardholder complies with the terms and conditions set forth in this Agreement.  By signing or using your Card, this Agreement automatically becomes effective, and you agree to all the terms outlined below.

 

Definitions.

“ATM” means Automated Teller Machine.

“Authorized User” means the authorized representative of the Company designated by the Administrator in writing to receive a Card.

“Bank”, “Issuer”, “we”, “ours”, and “us” refer to Central Bank of Kansas City, the issuer of your Card. The Bank is chartered under the laws of the State of Missouri and is a Member of the Federal Deposit Insurance Corporation.

“Business Day” means Monday through Friday, excluding Federal holidays, even if we are open for business. Any references to “days” found in this Agreement are calendar days unless otherwise indicated.

“Card Account” means the custodial sub-account we maintain on Company’s behalf to account for the transactions made with your Card or Card Number.

“Card Administrator” or “Administrator” is the individual authorized in writing by the Company to serve as the primary Cardholder of the Card who shall have the authority to obtain information about the Card Account, authorize others to obtain information about the Card Account, add and remove Authorized Users, and take certain administrative actions with respect to the Card Account.

“Cardholder” refers to any person authorized to hold or use the Card, including Card Administrators and Authorized Users.

“Card Network” means Visa®, the card network for your Card.

“Card Number” is the 16-digit number embossed or printed on your Card.

“Company” refers to the owner of the Master Funding Account used to fund and pay for all transactions made with Cards issued to the Company’s Cardholders.

“Master Funding Account” refers to the Business Card Account owned and funded by the Company which is used to fund the business Cards issued to the Company’s Cardholders.

“Mobile App” means the mobile application provided by CenterCard Visa Business Debit Card in the Apple App Store1 and Google Play Store2 where certain information regarding your Card is available. Standard rates for data and text messaging may apply from your cellular service provider for use of the mobile application.

“PIN” means Personal Identification Number, which is a four-digit code that may be used to make purchase transactions instead of signing for a transaction.

“Website” means the internet page listed below where certain information regarding your Card with us is maintained.

“You” and “your” means the person who has received a Card and is authorized by the Company and Bank to use the Card as provided for in this Agreement.

 

Unless it would be inconsistent to do so, all words and phrases used in this Agreement should be construed so that the singular includes the plural and the plural includes the singular.

 

How to Contact Us. For Customer Service or additional information regarding your Card, including the terms, conditions, and fees that apply to the Card, please contact us:

By phone at: 1-870-455-8522 (Toll Free within the USA)  

By mailing us at: CenterCard, PO Box 124, Dell Rapids, SD 57022

By emailing us at: support@centerid.com

By visiting our Website: https://centercard.com

By logging into the Mobile App: CenterCard and tapping the Settings icon, then Help/Support.

There is no cost for contacting Customer Service.  When you call Customer Service, you may be asked to provide certain personal information so we can verify your identity. 

 

IMPORTANT INFORMATION FOR OPENING A CARD ACCOUNT. To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third-party service providers to obtain, verify, and record information that identifies each entity or person who opens a Card Account. What this means for you: when a Card Account is opened on behalf of your Company, you will be asked to provide copies of organizational and identification documents relating to the Company that will allow us to identify the Company.  We will also ask for the names, street addresses, dates of birth, and other information that will allow us to identify the Company’s principal owners and authorized signers. We may also ask for a current copy of each principal owner’s and authorized signer’s driver's license or other valid documentation as proof of identification.

By participating in the Card program, you warrant and represent that all information provided by you is accurate. If you falsify, misrepresent, or fail to provide requested information, we may cancel your Card Account. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially Federal investigation.  We reserve the right to restrict or delay your access to any such funds.

About the Card.  The Bank provides use of the Card pursuant to a separate agreement with the Company. The Company has authorized the issuance of the Card to you related to Company-authorized expenses you incur using the Card. The Card is a prepaid debit card. The Card accesses Company funds. The Cardholder cannot load or access personal funds with the Card. The Cardholder agrees that the Card shall be used solely for the purposes authorized by the Company.  The Company represents and warrants, on behalf of itself, the Administrator, and all Authorized Users that Cards will only be used for business purposes. Cards may NOT be used for personal, family, or household purposes. The Cardholder acknowledges and understands that the Card will not be treated as a consumer card under the provisions of state and federal law. The Bank will assume that all transactions will be for business purposes and will not monitor transactions to determine the purpose of the transaction.

The Card is not a credit card. The Card is not a payroll expense card and may not be used for payroll expenses under any circumstances. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a checking or savings account.  You will not receive any interest on your funds in your Card Account. There is no credit line associated with your Card.  The funds in the Master Funding Account will be FDIC-insured once we have completed all required identity verifications on the Company as set forth above. The Card is and will at all times remain the property of the Bank and must be surrendered upon demand. The Card is nontransferable, may not be resold, and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Company shall instruct Cardholders that they may not use the Card Account or the Cards for any illegal transactions, at casinos, for any gambling activity, or for dating/escort sites.

Fees.  All fee amounts will be withdrawn from your Card Account, except where prohibited by law. The fees that apply to your use of the Card are listed below and incorporated herein. Fees incurred pursuant to the terms of this Agreement will be deducted from your Card Account balance, unless prohibited by law.

 

fee schedule

 

Issuance and Activation of Cards. Upon opening of the Company’s Account, we will verify the Company’s identification, including the identity of its principal owners and authorized signers.  Once the identity of Company and each applicable owner and authorized signer has been verified, the Bank will issue a personalized Card in the name of the Administrator. The Bank may also issue additional Cards in the names of Authorized Users designated by the Administrator in writing to be authorized representatives of Company. The issuance of additional Cards shall be at the Bank’s sole discretion. The Bank may limit the number of Cards issued per Card Account. A Card cannot be used until it has been activated by the Cardholder.  You agree to sign the back of each Card immediately upon receipt. The Company acknowledges that the Bank is providing such service to the Company as an accommodation only; and, except as otherwise provided by law, the Bank is not responsible in any way for the manner in which the Cards are utilized. The Company also agrees to immediately notify the Bank when a Cardholder's rights are terminated and to promptly return the Card to us.

Card Account Access. A Cardholder may access the funds in the Card Account by using your Card or Card Number. Subject to the limitations set forth in this Agreement, Cardholders may use the Card or Card Number, as applicable, to (1) purchase goods or services wherever the Card is accepted and (2) withdraw cash from your Card Account wherever the Card Network’s brandmarks are displayed (as described in the Section below entitled “Using Your Card to Get Cash”), as long as you do not exceed the value available in your Card Account.  There may be fees associated with some of these transactions. For fee information, see the Fee section listed above.

Limitations on Frequency and Dollar Amounts of Transactions.  We impose certain limitations on the number or dollar amount of transactions you can make with your Card.  We will determine any maximum value by aggregating the activity and value of all Card Accounts that the Company may have with us. For security reasons, we may further limit the number or dollar amount of transactions a Cardholder can make with the Card.

 

cardholder agreement table

 

Adding Funds (“Loading”) to Your Card Account.  Adding funds is referred to as “Loading”. Only the Company or Administrator may load or deposit money to the Master Funding Account.  The Company then determines the amount of these funds to be allocated for use with your Card. Authorized Users may not load personal funds to the Card or the Master Funding Account.

NO OTHER VALUE LOAD TYPES ARE ALLOWED FOR THIS BUSINESS CARD, INCLUDING CASH LOADS OF PERSONAL FUNDS, LOADS THROUGH RETAIL LOAD NETWORKS, ACH TRANSFERS, OR DIRECT DEPOSIT. 

PIN Security Measures.  You will create a PIN when you activate your Card. Only one (1) PIN will be issued for each Card Account.  Your PIN can be used to obtain cash (see section labeled “Using Your Card to Get Cash”) or to make purchases everywhere your Card is accepted.  You should not write or keep your PIN with your Card. Never share your PIN with anyone.  When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious.  If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately by following the procedures described below in the section entitled “Your Responsibility and Liability for Unauthorized Transfers”. Some merchants may require Cardholders to make purchases using a PIN rather than their signature. 

The Company acknowledges that use of a PIN by its Cardholders provides the Company a commercially reasonable degree of protection in light of their particular needs and circumstances. The Company represents that each PIN shall be afforded the highest level of security by the Company, Administrators, and Authorized Users and shall be known only to those persons who are on a "need to know" basis. The Bank assumes no duty to discover any breach of security by the Company, Administrators, or Authorized Users, or the unauthorized disclosures or use of a PIN. The Company agrees that the dollar and/or frequency limits assigned to each Cardholder will also act as a security procedure.

Using Your Card to Get Cash.  You are not able to use your Card to obtain cash.

Transactions Made Outside of the United States.   If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued, the amount deducted from your funds will be converted by the Card Network into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by the Card Network from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate the Card Network itself receives or the government-mandated rate in effect for the applicable central processing date. The Card Network (independently of us) may assess a fee for currency conversion based upon the amount of the transaction in the currency of your Card Account and will retain this amount as compensation for its services. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your account.

If you obtain your funds or make a purchase in a currency other than the currency in which your Card Account was issued, you will be assessed a Foreign Transaction Fee of the transaction amount, by the Issuer. For fee information, see the Fee section listed above. Transactions made outside of the 50 United States and the District of Columbia are also subject to this conversion fee even if they are completed in U.S. currency. For security reasons, the Issuer may limit or deny use of your Card in certain foreign countries.

Some foreign merchants may allow you to complete your transaction in U.S. Dollars rather than the applicable foreign currency.  Oftentimes, the merchant will assess a fee for such a service. You should inquire with the merchant before conducting the transaction, as we do not control the amount of such fee.

Account Requirement, Payment Responsibility. The services described in the Agreement will be available to you as long as Card Account use is handled in a satisfactory manner. The Company is responsible for all transactions conducted by their authorized Cardholders made in connection with all Cards and Card Accounts except as otherwise set forth in this Agreement.

Negative BalancesEach time a Cardholder initiates a Card transaction, you authorize us to reduce the funds available in your Card Account by the amount of the transaction and all applicable fees. Cardholders 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 the Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, the Company shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees.  The Company may also be liable for any related Insufficient Funds/NSF Fee(s) as set forth in the Fees section of this Agreement. We reserve the right to bill the Company for any Negative Balance or to recoup such Negative Balance from any other Card we have issued to the Company, Administrators, or Authorized Users. The Company agrees to pay us promptly for the Negative Balance and any related fees. We also reserve the right to cancel a Card should a Cardholder create one or more Negative Balances with their Card.

Split Transactions. If you do not have enough value remaining in your Card Account, a Cardholder 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 Cardholders to do a split transaction if the Cardholder pays the remaining amount in cash.

Authorization Holds.  You do not have the right to stop payment on any purchase transaction originated by use of a Card. When a Cardholder uses their Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When a Card is used to obtain cash at an ATM, we will authorize the transaction in advance (including all applicable fees). When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles and will place a temporary hold on the Card Account’s funds for the amount indicated by the merchant.

If a merchant preauthorizes a transaction from your Card Account and then you do not make the purchase or payment of the item as planned, the preauthorization may result in a hold on your available funds in the Card Account for the preauthorized amount for up to thirty (30) days or more.  This timeline is determined by the card network and/or the merchant. When you use your Card to pay for goods or services, such as at a restaurant, a hotel or rental car purchases, certain merchants may preauthorize the transaction for the purchase amount plus an additional amount (to ensure there are sufficient funds available to cover tips or incidental expenses incurred). Any preauthorized amount will place a hold on your Card’s funds for the amount indicated by the merchant until the merchant sends us the final amount of your purchase.  You will not be able to use the money on your Card that is pending until the transaction settles.  Once the final payment amount is received, the preauthorization amount on hold will be removed.  We will only charge your Card for the amount of the final transaction and will release any remaining amount when the transaction finally settles.  If there are any funds on hold for any transaction, we cannot reverse the hold and give you back your money until the transaction settles. If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount (place a hold) on your Card Account of up to $75.00 or more.  This may cause your Card to be declined, even though you have sufficient funds available on your Card to pay for the transaction. We recommend you pay for your purchase inside with the cashier.

Transactions Using A Card Number.  If a Cardholder initiates a transaction without presenting a Card (such as for a mail order, Internet or telephone purchase), the legal effect will be the same as if the Card itself was used.

Receipts.  You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts. 

Returns and Refunds.  If you are entitled to a refund for any reason for goods or services obtained with a Card, you agree to accept credits to your Card Account for such refunds and agree to the refund policy of that merchant. There may be a delay of up to five (5) days or more from the date the refund transaction occurs until the date the refund amount is credited to your Card Account. You are not entitled to a check refund unless your Card has been closed.

Obtaining Balance and Historical Transaction Information.  You are responsible for keeping track of and reconciling the amount of funds available in your Card Account. Each Cardholder may obtain information about the amount of funds you have remaining in your Card Account by calling the number on the Card during business hours or logging in to the Mobile App.  Balance and transaction information is also available to the Administrator via the CenterCard Administrator portal. Administrators may also request a written history of account transactions by telephone or writing us (see the section above entitled “How to Contact Us.”).  There may be a fee for obtaining a written history (see Fees section listed above).

Confidentiality.  We may disclose information to third parties about your Card or the transactions you make: (i) where it is necessary for completing a transactions; (ii) in order to verify the existence and condition of the Card for a third party, such as a merchant; (iii) in order to comply with government agency, court order, or other legal reporting requirements; (iv) if you consent by giving us your written permission; (v) to our employees, auditors, affiliates, service providers, or attorneys as needed; and/or (vi) as otherwise necessary to fulfill our obligations under this Agreement. 

Limitations on Our Liability. We will not be liable if:

  • You do not have enough money in your Card Account to make a transaction.
  • An ATM does not have sufficient cash.
  • A terminal or system is not working properly.
  • Circumstances beyond our control prevent the transaction.
  • A merchant refuses to accept the Card.
  • An ATM rejects the Card.

There may be other limitations on our liability. In no event shall we be liable to you for any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. 

NEITHER WE NOR OUR SERVICE PROVIDER, CENTER ID, WILL BE LIABLE TO THE CARDHOLDER, THE ADMINISTRATOR, OR THE COMPANY FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD OR A CARD NUMBER; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, THE ADMINISTRATOR, OR THE COMPANY THEN YOU, THE ADMINISTRATOR, OR THE COMPANY, AS THE CASE MAY BE, WILL ONLY BE ENTITLED TO RECOVER ACTUAL DAMAGES. IN NO EVENT SHALL YOU, THE ADMINISTRATOR, OR THE COMPANY BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU, THE ADMINISTRATOR, OR THE COMPANY HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY AND THE RECOVERY OF THE MASTER CARDHOLDER OR THE COMPANY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US OR CENTER ID SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Additional Risk Associated with Use of Business Purpose Cards. The Company agrees that by allowing anyone to use a business purpose Card associated with the Company’s Card Account, it will be responsible for all authorized and unauthorized transactions made through the use of those Cards. The Company and Cardholders will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of the Cards. This means Cardholder liability for the unauthorized use of your Card could be greater than the liability in a consumer debit card transaction. Both the Company and Cardholder accept and agree to undertake the additional risk and greater measure of liability associated with the use of a business purpose Card as described in the Agreement.

Merchant Refusal. The Bank cannot be held responsible for a merchant’s refusal to honor the Card. The Bank also reserves the right to restrict any transaction or class of transactions.

Company Liability for Unauthorized Transfers. If a Card or PIN has been lost or stolen, or if you suspect that it is being used without your permission, the Cardholder must call the number on the back of the Card or notify us in writing (see the section above entitled “How to Contact Us.”).  The Company is liable for all transactions made with the Card and Card Number, and all related fees incurred before we are notified. The Company must notify the Bank in writing to revoke permission for any Cardholder it previously authorized to use a Company Business Card. Until we have received the Company’s notice of such a revocation and have had a reasonable time to act on it, the Company is responsible for all transactions and fees incurred by that authorized Cardholder.

The Company is further liable for Card transactions neither the Company nor your Cardholders authorized if the Bank can prove that we processed the transaction in compliance with commercially reasonable security procedures, unless otherwise required by law. If any Cards and/or PINs are lost, stolen, or used without permission, both the Company and Cardholder agree to notify us immediately.  You must have the Card Number for us to assist you. Telephoning is the best way of keeping possible losses down. This verbal notification must then be promptly confirmed by a written notice to the Bank. You may also notify us via the Mobile App. Company liability for transactions with the Card and/or PIN will continue until we receive such written notice and all authorized/approved transactions have posted.

Error Resolution. You agree to use ordinary care in examining your receipts and your transaction history available through our website and to report any errors or problems to us within a reasonable time. The Company and Cardholder agree that the time to examine the online transaction history and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 60 days from when the online transaction history containing the error or problem was first made available to you. If you do not report the error or problem within 60 days, we will be entitled to treat such information as correct and you will be precluded from asserting otherwise. We will only re-credit the Card Account for errors or problems as required by law. Call or write us immediately with errors or questions about electronic transfers at the telephone number or address listed in the “How To Contact Us” section of this Agreement. If we are notified orally, we may require the complaint or question to be submitted in writing within 14 Days. If we are provided with timely notice of an error or problem in the online account history, we will investigate the matter and notify the Company of the results as soon as reasonably possible under the circumstances. The Company may ask for copies of the documents that we used in our investigation. You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Card(s) or PIN(s), but only after we have been provided such proof and security or indemnification as we may require. In addition, the Company and Cardholder acknowledge that we may have to deactivate the Card and/or associated Card Account to prevent future losses.

Disclaimer of Warranties.  EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

No Warranty Regarding Goods and Services.  We are not responsible for the quality, safety, legality, or any other aspect of any goods or services Cardholders purchase with the Cards.

Card Cancellation and Suspension; Limits.  We reserve the right, in our sole discretion, to limit use of the Card(s), including limiting or prohibiting specific types of transactions. We may refuse to issue a Card, revoke Card privileges or cancel a Card with or without cause or notice, other than as required by applicable law. If the Company would like to cancel the use of a Card, the Company may do so by calling the number on the back of the Card or notifying us via the Mobile App. The Cardholder agrees not to use or allow others to use an expired, revoked, cancelled, suspended, or otherwise invalid Card. Our cancellation of Card privileges will not otherwise affect the Company’s and/or Cardholder’s rights and obligations under this Agreement. If we cancel or suspend Card privileges through no fault of the Company, the Company will be entitled to a refund as provided below in the Section entitled “Amendment and Cancellation.” 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 its rights under this Agreement without losing them.

Default. We may consider the Card to be in default at any time if the Company or Cardholder breaches any promise or obligation under this Agreement. Subject to applicable law, we may also consider the Card to be in default at any time if any statement made by the Company or Cardholder to us in connection with the Card or any other account you have with us or our affiliates was false or misleading; if the Company or Cardholder breaches any promise or obligation under any other agreement that either may have with us or with any of our affiliates; if we receive information indicating that the Company is bankrupt, intend to file bankruptcy, or is unable to pay its debts as they become due.

Amendment and Cancellation.  We may amend or change the terms of this Agreement at any time without notice to you except as required by law. We may cancel or suspend the Card, Card Account or this Agreement at any time. Your Administrator also may cancel this Agreement by returning the Card(s) to us or by calling customer service at the number on the back of the Card. If your Card Account is cancelled by your Administrator or us when the Card has a balance, we will refund the balance on the card into the Company’s Master Funding Account. The Company’s termination of this Agreement will not affect any of our rights or the Company’s obligations arising under this Agreement prior to termination.

Return of Cards. All Cards shall be deemed cancelled effective upon termination of this Agreement. The Company shall remain liable for all charges incurred or arising by virtue of the use of a Card prior to the termination date.

Communications.  We may contact you from time to time regarding your Card Account.  We may contact you in any manner we choose unless the law says that we cannot.  Our contacts with you about your Card Account are not unsolicited and might result from information we obtain from you or others. 

Recording and Monitoring.  From time to time, in accordance with applicable law, we may monitor and/or record telephone calls between you and us or our vendors and third party service providers to assure the quality of our customer service. 

Collection of Costs. If the Bank hires an attorney to assist in collecting any amount due hereunder, or to enforce any right or remedy hereunder, the Company agrees to pay the Bank's reasonable attorney's fees and expenses, and any other fees as permitted by law.

Notices. Any notices mailed to you under this Agreement will be mailed to the address we have for you in our records. You will keep us notified of your current contact information and to notify us in writing of any changes to any Company or individual information provided to us within 30 days of this information changing. (See the section above entitled “How to Contact Us.”). 

Other Terms.  Your Card, Card Account, and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other network or association involved in transactions. We do not waive our 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, whether 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 laws of the State of Missouri except to the extent governed by federal law.

Arbitration Provision.  Arbitration and Waiver of Jury Trial.  The Company and Bank agree that the transactions contemplated in this Agreement involve “commerce” under the Federal Arbitration Act, 9 U.S.C. §§1-16, as it may be amended (“FAA”).  EVERY CONTROVERSY OR CLAIM BETWEEN COMPANY AND ANY INDEMNIFIED PARTY ARISING OUT OF, OR IS IN ANY WAY RELATED TO OR RESULTING FROM, THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT, WILL BE RESOLVED BY BINDING ARBITRATION UNDER THE FAA.  The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Arbitration Rules”).  IF A CLAIM IS SUBMITTED TO ARBITRATION, (A) COMPANY WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL; (B) COMPANY WILL NOT HAVE THE RIGHT TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION RULES; (C) COMPANY WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE ARBITRATION RULES OR UNDER ANY OTHER RULES, WHETHER OF CIVIL PROCEDURE OR OTHERWISE; AND (D) THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO APPEAL.  This agreement to arbitrate disputes will survive the closing of Company’s Card Account and the termination this Agreement.

English Language Controls.  Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Assignment. The Company and Cardholder may not assign or transfer the Card or the Agreement, or any of the rights or obligations under this Agreement. We may assign this Agreement or any of our rights hereunder, or delegate our responsibilities hereunder, to any third party or parties at our sole discretion and without notice to you subject to applicable law.

Entire Agreement.  This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter. If any of the terms of this Agreement are invalid, or declared invalid by order of court, change in applicable law, or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.

This Card is issued by Central Bank of Kansas City, Member FDIC, pursuant to license by Visa U.S.A., Inc.

 

1Apple® and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc., registered in the U.S. and other countries.

2Google PlayTM and the Google Play logo are trademarks of Google Inc.

Copyright Central Bank of Kansas City 2019. This Agreement is effective as of 4/30/2019.

CS518CBKC