Cardholder Agreement
IMPORTANT – PLEASE
READ CAREFULLY
IMPORTANT – Be sure to
provide the gift Card recipient this Cardholder Agreement.
This
document constitutes the agreement (“Agreement”) outlining the terms and
conditions under which the Visa Gift Card has been issued to you. By accepting
and using the Card, you agree to be bound by the terms and conditions contained
in this Agreement. "Card" means the Visa Gift Card issued to you by Marshall
Bank, N.A. “Issuer” means Marshall Bank, N.A. Marshall Bank, N.A. is an FDIC
insured member institution. “Card Account” means the records we maintain to
account for the value of claims associated with the Card. "You" and
"your" mean the person or persons who have received the Card and are
authorized to use the Card as provided for in this Agreement. "We,"
"us," and "our" mean Marshall Bank, N.A., our successors,
affiliates or assignees. You acknowledge and agree that the value available in
the Card Account is limited to the funds that you have loaded into the Card
Account or have been loaded into the Card Account on your behalf. You agree to
sign the back of the Card immediately upon receipt. The expiration date of the
Card is identified on the front of your Card. The Card is a prepaid card. The
Card is not connected in any way to any other account. The Card is not a
credit card. The Card is not for resale. You will not receive any interest on
your funds in the Card Account. The Card will remain the property of Marshall
Bank, N.A. 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. Our business days are Monday through Friday,
excluding holidays, even if we are open. Write down your Card number and the
customer service phone number provided in this Agreement on a separate piece of
paper in case your Card is lost, stolen, or destroyed. Please read this
Agreement carefully and keep it for future reference.
Authorized Users
You are responsible for all authorized
transactions initiated and fees incurred by use of your Card. If you permit
another person to have access to your Card or Card number, we will treat this
as if you have 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 and conditions of this Agreement.
Secondary Cardholder
You may not request an
additional Card for another person.
Personal
Identification Number
You will not receive a Personal
Identification Number (“PIN”) with your Card.
Cash Access
You
may not use your Card to obtain cash from an Automated Teller Machine (“ATM”),
Point-of-Sale (“POS”) device, or by any other means. You may not use your Card
at an ATM.
Loading
Your Card
Additional
funds may not be added to your Card, called “value loading”. Your Card is
non-reloadable.
Using
Your Card/Features
The
maximum amount that can be spent on your Card per day is $250.00. The maximum
value of your Card is restricted to $250.00.
You
may use your Card to purchase or lease goods or services wherever Visa debit cards
are accepted as long as you do not exceed the value available on your Card
Account. Some merchants do not allow cardholders to conduct split transactions
where you would use the Card as partial payment for goods and services and
paying the remainder of the balance with another form of legal tender.
If
you use your Card at an automated fuel dispenser (“pay at the pump”), the
merchant may preauthorize the transaction amount up to $75 or more. If
your Card is declined, even though you have sufficient funds available, pay for
your purchase inside with the cashier. If you use your Card at a
restaurant, a hotel, for a car rental purchase, or for similar purchases, the
merchant may preauthorize the transaction amount for the purchase amount plus
up to 20% or more to ensure there are sufficient funds available to cover tips
or incidental expenses incurred. Any preauthorization amount will place a
“hold” on your available funds until the merchant sends us the final payment
amount of your purchase. Once the final payment amount is received, the
preauthorization amount on hold will be removed. It may take up to seven (7)
days for the hold to be removed. During the hold period, you will not have
access to the preauthorized amount.
If
you use your Card number without presenting your Card (such as for a mail
order, telephone, or Internet purchase), the legal effect will be the same as
if you used the Card itself. For security reasons, we may limit the amount or
number of transactions you can make on your Card. Your Card cannot be redeemed
for cash. You may not use your Card for online gambling or any illegal
transaction.
Each
time you use your 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 available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction
exceeds the balance of the funds available on your Card, you shall remain fully
liable to us for the amount of the transaction and any applicable fees.
You
do not have the right to stop payment on any purchase or payment transaction
originated by use of your Card. You may not make preauthorized regular
payments from your Card Account. If you authorize a transaction and then fail
to make a purchase of that item as planned, the approval may result in a hold
for that amount of funds for up to thirty (30) days. All transactions relating
to car rentals may result in a hold for that amount of funds for up to sixty
(60) days.
If you are entitled to a refund for any
reason for goods or services obtained with your Card, you agree to accept
credits to your Card for such refunds and agree to the refund policy of that
merchant. If you have a problem with a purchase that you made with your Card,
or if you have a dispute with the merchant, you must handle it directly with
the merchant.
Your
Card may only be used within the fifty (50) U.S. states including the District of Columbia.
You
should get a receipt at the time you make a transaction using your Card. You
agree to retain your receipts to verify your transactions.
You are responsible for keeping track of your
Card Account available balance. Merchants generally will not be able to
determine your available balance. It’s important to know your available
balance before making any transaction. You may access your available balance
by accessing your Card Account online at www.giftcardlab.com
or by calling 1-888-799-0028. Statements in electronic format will be
available free of charge at www.giftcardlab.com during
each month in which a transaction occurs. You will not automatically receive
paper statements.
All
fee amounts will be withdrawn from your Card Account and will be assessed
as long as there is a remaining balance on your Card Account, except where
prohibited by law. Anytime your remaining Card Account balance is less than
the fee amount being assessed, the balance of your Card Account will be applied
to the fee amount.
§
Enrollment
Fee: $
up to 7.95 (one-time fee)
§
Monthly
Maintenance Fee: $
4.95 (per month beginning on the 7th month from the day of purchase)
§
Replacement
Card Fee: $ 15.00
(per Card; when Card is reissued
or
replaced for any reason)
§
Customer
Service Fee: $1.00
per call to a live customer service agent
§
Card
Account Liquidation Fee: $15.00
(charged if a check is issued for funds
on
your Card Account)
We may disclose information to third parties
about your Card or the transactions you make:
(1) Where it is necessary
for completing transactions;
(2) In order to verify the
existence and condition of your Card for a third party, such as merchant;
(3) In order to comply
with government agency, court order, or other legal reporting requirements;
(4) If you give us your
written permission; or
(5)
To
our employees, auditors, affiliates, service providers, or attorneys as needed.
Our Liability for
Failure to Complete Transactions
If
we do not properly complete a transaction 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:
(1) If through no fault of ours, you do not have enough funds available on your Card to complete the
transaction;
(2) If a merchant refuses
to accept your Card;
(3) 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;
(4) If access to your Card
has been blocked after you reported your Card lost or stolen;
(5) If there is a hold or
your funds are subject to legal process or other encumbrance restricting their
use;
(6) If we have reason to
believe the requested transaction is unauthorized;
(7) If circumstances
beyond our control (such as fire, flood, or computer or communication failure)
prevent the completion of the transaction, despite reasonable precautions that
we have taken; or
(8) Any other exception
stated in our Agreement with you.
Contact
us at once if you believe your Card has been lost or stolen. Telephoning
is the best way to minimize your possible losses. If you believe your
Card has been lost or stolen, or that someone has transferred or may transfer
money from your Card Account without your permission, call us at 1-888-799-0028.
Under Visa
U.S.A. Operating Regulations, your liability for unauthorized Visa transactions
on your Card Account is $0 if you notify us promptly and you are not grossly
negligent or fraudulent in the handling of your Card. If you
notify us within two (2) business days, you can lose no more than $50 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.
Also,
if you become aware of and/or your statement shows transactions that you did
not make, notify us at once. 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 and you are grossly negligent or
fraudulent in the handling of your Card. If your Card has been lost or
stolen, we will close your Card Account to keep losses down.
Other Terms
Your Card and your obligations under this
Agreement may not be assigned. We may transfer our rights under this
Agreement. Use of your Card is subject to all applicable rules and customs of
any clearinghouse or other association involved in transactions. We do not
waive our rights by delaying or failing to exercise them at anytime. 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 Minnesota except to the extent governed by federal law.
We may amend or change the terms and
conditions of this Agreement at any time. 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, we can implement
such change without prior notice. We may cancel or suspend your Card or this
Agreement at any time. You may cancel this Agreement by returning the Card to
us. Your termination of this Agreement will not affect any of our rights or
your obligations arising under this Agreement prior to termination.
In
case of errors or questions about your electronic transactions, call 1-888-799-0028
or write to Cardholder Services, 5711-15 Bowden Road #380, Jacksonville, FL.
32216-0982 if you think your statement or receipt is wrong or if you need more
information about a transaction listed on the statement or receipt. You must
contact us no later than sixty (60) days after the FIRST statement was made
available to you on which the problem or error appeared.
1. Provide your name and
Card number (if any).
2. Describe the error or
the transaction you are unsure about, and explain why you believe it is an
error or why you need more information.
3. Provide the dollar
amount of the suspected error.
If
you provide this information orally, we may require that you send 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 to investigate your complaint or
question. If we decide to do this, we will credit your Card within ten (10)
business days for the amount you think is in error, so that you will have the
use of the money during the time it takes to complete the investigation. If we
ask you to put your complaint or question in writing and you do not provide it
within ten (10) business days, we may not credit your Card. For errors
involving new Cards, POS transactions, or foreign-initiated transactions, we
may take up to ninety (90) days to investigate your complaint or question. We
will tell you the results within three (3) business days after completing the
investigation. If we decide that there was no error, we will send you a
written explanation. Copies of the documents used in the investigation may be
obtained by contacting us at the phone number or address listed at the
beginning of this section.
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.
Customer Service
For
customer service or additional information regarding your Card, please contact us
at:
Visa
Gift Card
5711-15
Bowden Road #380
Jacksonville, FL 32216-0982
1-888-799-0028
Revision
Date 02/2008