These TERMS AND CONDITIONS OF USE AND CARDHOLDER AGREEMENT (this “Agreement”) and the fee and limit schedule accompanying this Agreement (“Schedule of Fees and Limits”) constitute our disclosure to you and an agreement between you and us with respect to our issuance and your use of the enclosed prepaid Visa incentive card (“Card”). Your Card allows electronic access to prepaid funds awarded to you in connection with a corporate incentive program. The value available on the Card at any one time (your “Available Balance”) is limited to the dollar amount of prepaid funds, less withdrawals and amounts deducted for purchases and fees. Your Available Balance is not stored on the Card itself. Instead, it is stored on our computer system. With the Card, you may access your Available Balance at merchant locations anywhere Visa debit is accepted.
In this Agreement, “you” or “your” means any person who has received the Card and is authorized to use it as provided for in this Agreement, and “we”, “us” or “our” means West Suburban Bank and its successors and assigns. You acknowledge and agree that: (a) you are a U.S. citizen or legal alien residing in one of the 50 states of the U.S. or the District of Columbia with a verifiable U.S. mailing address and (b) you are at least 18 years of age (at least 19 years of age if you are a resident of a state in which the age of majority is 19). In connection with issuance of the Card, we may verify your identity as required by law.
You will be deemed to have accepted the Card and the terms and conditions of this Agreement if you: (a) sign the back of the Card; or (b) purchase or use the Card. If you are underage, your parent or guardian may enter into this Agreement, and you can be the Cardholder. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AND KEEP THEM FOR FUTURE REFERENCE.
This Card is issued by West Suburban Bank pursuant to a license from Visa U.S.A. Inc. It is our property and we may revoke the Card at any time without cause or notice. You must surrender a revoked Card and you may not use an expired or revoked Card. You must notify us promptly if the Card is lost, stolen or otherwise taken from your control.
This Agreement is governed by applicable federal laws, rules and regulations. To the extent federal law is not applicable, the laws of the State of Illinois govern this Agreement. In the event of any conflict between the provisions of this Agreement and any applicable law or regulation, this Agreement will be deemed modified to the extent necessary to comply with such law or regulation. We may waive any of the provisions or conditions of this Agreement, but any such waiver will be effective only on that occasion and will not be a continuing waiver or a waiver on any other occasion. We can delay enforcement of any of our rights under this Agreement without losing them.
For information with respect to FDIC insurance on your prepaid funds, visit our website here.
Tell us IMMEDIATELY if your Card has been lost or stolen. If you believe your Card has been lost or stolen or that someone has accessed or may access money from your Card without your permission, call or write us at the telephone number or address listed below. Call us toll-free 24 hours a day, 7 days a week at the number listed in the "Contact Us" link on the webpage. Write us at the address provided in the “Contact Us” link on the webpage.
Once your Card is activated, you may use your Card to purchase goods and services everywhere Visa debit cards are accepted. The balance available for authorizing transactions with your Card is the lesser of your Available Balance or any dollar limitation disclosed for the transaction being performed. The Available Balance will be reduced by the amount of your purchase.
Limitations on Use. You may use your Card only in the manner and for the purposes authorized by this Agreement. You may not use your Card for any illegal purpose, and you may not resell your Card. You may not use your Card to obtain cash at ATMs. We may restrict access to your Card if we notice suspicious activities. If access is denied, you should contact us so that we can discuss and rectify any problems. You are responsible for all authorized transactions using your Card.
You may not use your Card to make a purchase in excess of your Available Balance. If for any reason a purchase occurs that exceeds the value on the Card, you are responsible for repaying us in full, and you authorize us to check your credit history and take any necessary collection action. We may automatically deduct any amount you owe under this Agreement from a future transfer of value to the Card. If we are required to undertake legal proceedings against you because you fail to comply with the terms of this Agreement, you must pay our reasonable attorneys’ fees and other costs of the proceedings.
Authorizations and Holds. Any entity honoring your Card will be required to obtain approval or authorization for any transaction in accordance with the rules of Visa U.S.A., Inc. When an authorization is issued, a thirty-day hold may be placed on the value on the Card in the amount of the authorization. When you use your Card in a tipping environment (at restaurants, bars, barber or beauty shops or for taxis or limos), the amount of authorization may include a tip of up to 20%. A ninety-day hold may be placed on the value on the Card in the amount of the preauthorization request made by hotels and rental merchants. If the authorization request varies from the amount of the transaction the merchant subsequently submits to the Visa system, settlement of the transaction may not remove the hold, which may remain on the Card until the hold days have expired. If your Card is subject to a hold, the value on the Card that is subject to the hold will not be available for other purposes.
Card Loading. Your card may not be reloaded with monetary value by you directly. It is reloadable only by the party from which you received the card.
Moving Funds to Other Cards. You may move funds from your Card to another stored value card by initiating a funds transfer after entering the required information using the online form available at the website listed in the "Contact Us" link on the webpage or by calling the number listed in the "Contact Us" link on the webpage and following the instructions.
Foreign Exchange. If you use your Card for a transaction denominated in a foreign currency, the transaction will be converted to its U.S. dollar equivalent then deducted from your Available Balance. We will convert the foreign currency transaction in accordance with procedures in effect at the time the transaction is processed at a rate determined by Visa U.S.A., Inc. or another recognized system. Visa determines the exchange rate based on a rate selected by Visa from the range available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. A surcharge of 3% will be assessed for all transactions originated in a foreign country.
Balance and Activity Information. You will not receive regular periodic statements with respect to your Card. You are responsible for keeping track of the transactions on your Card to ensure that you do not exceed your Available Balance. You can review your Available Balance and Activity Report by calling toll-free the number listed in the "Contact Us" link on the webpage or visiting the website listed in the "Contact Us" link on the webpage. This information is available to you 24 hours a day, 7 days a week.
Card Expiration. Your Card will expire on the date indicated on its face. If there are any funds remaining on the Card after expiration, you may choose to transfer the funds to another stored value card. If you have questions regarding the funds remaining on your Card, write us at the address provided in the “Contact Us” link on the webpage. An administrative fee will be charged to close your Card.
We may charge the following fees in the amounts indicated on the Schedule of Fees and Limits provided with your Card. The amount of any fee will be deducted from the Available Balance at the time the fee becomes due or as otherwise indicated.
Card Activation/Issuance Fees. There may be a fee each time we activate or issue a card.
Transaction Fees. There may be a fee each time you use your Card to make a purchase. The amount of such fee may vary based on the type of transaction.
Monthly Maintenance Fees. After you activate your Card, there may be a monthly maintenance fee.
Customer Service Access Fees. There may be a fee each time you access either our automated or live customer service.
Cash Advance Fees. You may be able to receive a cash advance on your Card at financial institutions throughout the world subject to applicable fees.
Online Access Fees. There may be a fee each time you access your Available Balance or Activity Report online or you request a paper statement.
Lost or Stolen Card Fees. There may be fees charged for the replacement of any lost or stolen Card and for express delivery of a replacement Card. These fees will be deducted from the Available Balance remaining on the Card at the time a replacement Card is issued.
Administrative Fee to Close Card and Transfer or Pay Funds. An administrative fee may be charged to transfer funds to another card or close your Card and pay you amounts remaining on your Card.
Overdraft Fee. A fee may be imposed in the event your Available Balance has a negative amount.
Returned Item Fees. A fee may be imposed for each initiated transfer of funds to your Card that is returned to us unpaid.
Card-on-File Fee. After you activate your Card, there may be a monthly card-on file fee. This fee will be waived until the expiration date on your Card.
We will disclose information to third parties about your Card or the transfers you make:
In addition, Cardholder information may be provided to Visa for the purposes of providing certain services, including emergency cash or emergency Card replacement. PLEASE REFER TO THE ENCLOSED INSERT FOR OUR ADDITIONAL INFORMATION CONCERNING OUR INFORMATION COLLECTION AND SHARING PRACTICES AND POLICIES.
You may display your Available Balance or an Activity Report by going to the website listed in the "Contact Us" link on the webpage on the Internet, or you may hear the information by calling toll-free the number listed in the "Contact Us" link on the webpage. Customer service representatives are available 24 hours a day, 7 days a week. A fee in the amount indicated on the Schedule of Fees and Limits will be imposed each time you use these services.
Unless it is a specific feature of your Card, you will not be able to make preauthorized regular payments with your Card.
If we do not complete a transfer from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
A record detailing your use of your Card (“Activity Report”) may be communicated to you at the website listed in the "Contact Us" link on the webpage on the Internet, or accessed by you calling toll-free the number listed in the "Contact Us" link on the webpage. In case of errors or questions about your Card or if any Activity Report shows transactions that you did not make, call us as soon as you can at the number listed in the "Contact Us" link on the webpage or write us at:
Bankcard Services
Prepaid Dispute Department
P.O. Box 1481
Madison, Wisconsin 53701
We must hear from you no later than 60 days after we communicated the FIRST Activity Report on which the problem or error appeared.
If you tell us orally, we may require that you send your complaint or question in writing within 10 business days.
We will generally tell you the results of our investigation within 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 45 calendar days to investigate your complaint or question. If we decide to do this, we will re-credit your Card within 10 business days for the amount you think is in error so that you will have 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 10 business days, we may not re-credit your Card. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of documents that we used in our investigation.
IF YOU BELIEVE THAT YOUR CARD HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR CARD WITHOUT YOUR PERMISSION, CALL US AT ONCE TOLL-FREE AT the number listed in the "Contact Us" link on the webpage. Calling is the best way to keep your losses down. If your Card has been lost or stolen, we will close your Card to minimize losses.
You could lose all the money on your Card. If you tell us within 2 business days after you learn of the theft or loss, you can lose no more than $50 if someone used your Card without your permission. If you do NOT contact us promptly after you learn of the loss or theft of your Card or PIN, and we can prove your notice could have stopped someone from using your Card, you could lose as much as $500 (or, if less, the full amount of value stored on the Card).
Under Visa’s zero liability policy: you must reasonably demonstrate that you exercised reasonable care in safeguarding your Card and PIN from risk of loss and theft; your Card must be in good standing (e.g., not presently or recently overdrawn, and not presently or recently under suspicion of possible illegal or suspicious use); we cannot have received more than one other report of unauthorized use of your Card in the last 12 months; and, if we do not collect personal information about you, for your security, you must be able to provide information about your Card transactions so that we may verify that you are in fact the Cardholder. For this policy to apply, the unauthorized use of your Card must have been processed directly through Visa and not through another financial institution’s or a third party’s non-Visa ATM or POS network.
We can change this Agreement, including all fees, at any time, and such changes will be binding on you. If required by law, we will give you written notice of the change prior to the effective date of the change. However, if the change is made for security purposes or as a result of changes in fees, changes or costs imposed by any party other than us, we can implement it without prior notice. Your use of the Card constitutes acceptance of any amendment implemented by us.
If you ever owe us money as a borrower, guarantor, or otherwise, and it becomes due, we have the right under the law (called set-off) to use the money from your account to pay the debt. We may charge against any of your accounts any debt you owe us, now or in the future, without going through any legal process or court proceedings.
We reserve the right to terminate this Agreement or any of the services that are described herein in the event we choose to discontinue this incentive card program. If we discontinue honoring your Card, you should call us at the number listed in the "Contact Us" link on the webpage for further instructions. You may, at any time, terminate this Agreement, or any of the services to which you subscribe by giving us written notice. Termination will not affect any of our rights or your obligations arising under this Agreement prior to termination.
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Agreement to Arbitrate. Either you or we may, without the other's consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called "Claims").
Claims Covered.
How Arbitration Works.
At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.