This Cardholder Agreement ("Agreement") governs your use of your new Card. Please read it carefully and keep it for your records. By using your Card, you agree to accept the terms and conditions of this Agreement.
In this Agreement the term(s): (1) "we," "us," "ours" and "F.N.M.S" mean First National Merchant Solution, LLC , its successors and assigns; as the card issuer under First National Merchant Solution, LLC's Card Program; (2) "you" and "your" mean anyone who has activated the Debit Card that we have issued to you; (3) "Business Day" means Monday through Friday, holidays not included; (4) "Card" has the meaning ascribed in paragraph 2.A. below; (5) "Card Balance" means the amount of funds that has been authorized for your Card Transactions and that you may access with your Card; (6) "Card Network" means the entity that established and currently operates a debit card payment network, which display one or more of the service marks on your Card; (7) "Card Program" means the card program marketed to you by us, the Service Provider or its Client pursuant to which you have received the Card; (8) "Card Transaction" means any financial transaction authorized by us whereby you use the Card at a location that accepts your Card's branded service mark of a Card Network; (9) "Client" means any company or other entity that has a service agreement with the Service Provider for participation in the Card Program; (10) "MasterCard" means collectively MasterCard Worldwide, Inc. its affiliates and subsidiaries; (11) "Service Provider" means TSYS Loyalty & Prepaid , which has entered into a service agreement with First National Merchant Solution, LLC regarding the Cards; (12) "Card Carrier" means the piece of paper in which the Card was attached to upon receipt.
A. Prepaid Card.
The term "Card" means the prepaid card, branded with the service marks of the Card Network, issued by us upon your request, which you may use to access the funds that constitute your Card Balance by the means described in this Agreement. You may perform Card Transactions wherever the Card is accepted in accordance with this Agreement and applicable Card Network rules. Your Card is NOT a credit card and should not be used as one. There is no actual checking or other physical account associated with your Card. You cannot link your Card to any deposit or credit account you may have with us or with any other financial institution. Since your Card's value has been prepaid, you should treat it the same as cash.
B. Adding Value to your Card
Your Card Carrier will indicate whether your Card is reloadable or not. Value will be added to your Card Balance by credits for returns to any merchant that had accepted your Card, which credit will be applied to your Card Balance up to the amount of the original charge being credited. If your Card is reloadable, the Service Provider, its Client or we may add value to your Card from time to time. Reload value cannot be added to this Card by you or any other person acting on your request. Unless otherwise expressly permitted by the Card Program or this Cardholder Agreement, the maximum Card Balance permitted at any time is $5,000.00 This limit may be increased or decreased from time to time by the Service Provider or us without notice to you.
C.1. Using Your Card With A PIN.
Your Card Carrier will indicate whether your card has been enabled with a personal identification number ("PIN"). If you received a PIN, at the option of the Service Provider, you may use your Card at any POS terminal where the Card is accepted to purchase or rent goods and services and use your PIN rather than a manual signature to authorize the Card Transaction. If your Card is PIN enabled and your Card Program allows cash access, you may use your Card to withdraw cash or view your Card Balance at any ATM [by selecting the checking account option]. If permitted by the Card Program and the Service Provider, you also may use your Card to withdraw cash at a retail merchant that accepts the Card. When you use your Card to obtain cash or to view your Card Balance, there is a withdrawal fee ("ATM Withdrawal Fee") or a balance inquiry fee ("ATM Balance Inquiry Fee"), respectively. When you use your Card at a POS terminal with your PIN, there is a fee ("PIN POS Fee"). These fees are disclosed in the Cardholder Fee Schedule found on your Card Carrier. All ATM Withdrawal Fees, ATM Balance Inquiry Fees, PIN POS Fees, and other listed fees will be deducted from your Card Balance. In addition, when you use an ATM not owned by us, you may be charged a fee ("ATM Surcharge Fee") by the ATM operator or any network used, and you may be charged for a balance inquiry even if you do not complete a transfer. Any ATM Surcharge Fee charged by the ATM provider or the financial institution is your responsibility and will be deducted from your Card Balance.
C.2. Using Your Card With Your Signature.
You may use your Card at any merchant's POS terminal where the Card is accepted to make a purchase or rental of goods or services, and authorize such POS transaction by your manual signature or following the merchant's instructions for a telephone or Internet Card Transaction.
D. Card Restrictions.
Your use of the Card is subject to the following restrictions and limitations, as well as those set forth elsewhere in this Agreement. Unless otherwise expressly permitted by the Card Program or this Cardholder Agreement, the maximum Card Balance permitted is at any time is $5,000.00 We reserve the right to block Card transactions at one or more types of merchants for security reasons or to prevent fraud or to comply with applicable law. For example, when purchasing gasoline using your Card, you must pay for your purchase at the gas station service counter and not at the automated fuel dispensers (i.e., gas pumps). We reserve the right to impose limits on the dollar amount of Card Transactions on a daily or transaction basis. These limits may be increased or decreased from time to time by us in our sole discretion and without notice. You are strictly prohibited from transferring credit to the Card Balance by any automated clearing house ("ACH") credit entry or other means, unless expressly authorized by this Agreement. Each such prohibited ACH credit entry will be automatically rejected by us and returned to the party that originated such ACH entry. In addition, the following Card Transactions are strictly prohibited: all telephone-initiated ACH debit entries ("TEL Entry"), Internet initiated ACH debit entries ("WEB Entry") or other ACH debit entries, and any attempt by you to transfer funds (by authorizing an ACH credit entry) to a checking or savings account at First National Merchant Solution, LLC or another financial center, whether authorized by you or initiated by any other person, by payment from, or any credit to, your Card and related Card Balance.
E. Card Transactions.
When you use your Card for a Card Transaction, you are authorizing a reduction in your Card Balance in order to cover the Card Transaction. A Card Transaction will not be authorized if your available Card Balance is not sufficient to cover such transaction. If your Card Transaction amount is greater than your Card Balance, however, you may pay the difference in cash or by other means, subject to the payment policy of the merchant. Nothing in this Agreement shall require us to authorize any Card Transaction. While you are actively enrolled in the Card Program, do not throw away your Card because any credits for returns will be applied back to your Card Balance.
F. Card Balance.
It is your responsibility to keep track of your Card Balance. When you use your Card to make a Card Transaction, you should be aware of the unused Card Balance to ensure that the amount of your Card Transaction does not exceed your available Card Balance. The full amount of each Card Transaction, including applicable taxes, tips and fees will be deducted from your Card Balance if such balance is sufficient to complete the Card transaction. The use of your Card to purchase or rent goods and/or services constitutes a simultaneous reduction from and/or a demand upon the value available by access with your Card, even though the Card Transaction may not actually be posted to your Card Balance until a later date. We have the right to hold or restrict access to value in an amount greater than the Card Transaction amount authorized by a merchant until the Card Transaction is processed. You agree to pay on demand any amounts that you have authorized to be deducted from your Card Balance to the extent such amounts exceed your available Card Balance.
G. Expiration of Your Card.
Your Card will expire on the date indicated on the front of the Card ("Expiration Date"). After the Expiration Date you can no longer use the Card for any Card Transaction. If you attempt to return goods or services to a merchant after the Expiration Date, you will be subject to the return policy of such merchant. Upon expiration of such refund period, you forfeit and cannot request a refund of, the Card Balance, if any, at that time.
H. Replacement Cards.
You may request a replacement for your Card if it is lost or stolen, but we or the Service Provider will determine whether to issue a replacement for your Card. Refer to the Cardholder Fee Schedule found on the back of your Card Carrier to determine if there will be a fee charged for the replacement card. When you contact Customer Service regarding a lost or stolen Card, you must provide your Card number and the Card's Expiration Date.
I. Customer Service.
To determine your remaining Card Balance or other information regarding your Card, please contact the Service Provider's Customer Service department at 1-877-412-1069 or other phone number indicated on the back of the Card and on the Card Carrier. The Service Provider's Integrated Voice Response system "IVR" is available 24 hours a day, 7 days a week. Customer Service Representatives are available Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. Mountain Time. You may also write to Customer Service at PO Box 3367 Englewood, CO 80155-3367, Attn: Customer Service. In addition you may obtain your remaining balance and information on the Card Program at the website listed on the back of the Card and on the Card Carrier.
J. Card Value; No FDIC Insurance.
All value on the Card is shown in United States dollars. The Card Balance and your rights regarding your use of the Card are not insured or governed by the Federal Deposit Insurance Corporation, or any other state or federal government agency; are not deposits at or other obligations of or guaranteed by us or any of our affiliates; and are subject to normal risks, including loss of all value. NOT FDIC INSURED - NOT A DEPOSIT - SUBJECT TO RISK OF LOSS K. Important Information About Procedures for Obtaining a First National Merchant Solution, LLC Card. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each holder of a Card. Therefore, you and all new and existing Cardholders are subject to the identity verification requirements. When you obtain a Card, we will ask for your name, address and identification number, and, in the case of an individual, your date of birth. For Cards issued to or at the request of a business, we may also obtain this information for individuals associated with the business. We may also request to see a driver's license or other identifying documents. In all cases, we are committed to protecting the privacy and identity of our Cardholders.
You do not have any right to stop payment on any Card Transaction made using your Card.
UNLESS OTHERWISE REQUIRED BY LAW, THE PRODUCTS AND SERVICES PROVIDED UNDER THE CARD PROGRAM ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SECURITY INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR ACCURACY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PRODUCTS AND SERVICES PROVIDED UNDER THE CARD PROGRAM. WE DO NOT WARRANT THAT THE PRODUCTS AND SERVICES PROVIDED UNDER THE CARD PROGRAM WILL BE TIMELY, SECURE, UNINTERRUPTED, ACCURATE, OR ERROR FREE OR THAT ANY DEFECTS IN THE PRODUCTS AND SERVICES PROVIDED UNDER THE CARD PROGRAM WILL BE CORRECTED.
If you use the Internet to obtain information on the Card Program, you agree to and will be responsible for obtaining, installing, maintaining and operating all computer hardware, software and Internet access services necessary for performing online services. We will not be responsible for any errors nor for any failures resulting from the malfunction or failure of your hardware, software or any Internet access services.
Your Card is First National Merchant Solution, LLC's property and is issued by First National Merchant Solution, LLC pursuant to licenses with the applicable Card Networks. You must surrender your Card to us upon our request.
MasterCard imposes fees if you use your Card in a foreign country, including a Card Transaction you initiate in the U.S. with an entity located in a foreign country. The fee is a cross-border assessment and currency exchange fee. On foreign Card Transactions, the fee is currently 1% of the transaction amount, which transactions include, without limitation, cash advances, ATM withdrawals, and purchases of goods and services, and the fee may change in the future. If you use your Card to make a Card Transaction in a foreign currency, MasterCard will convert the Card Transaction amount into U.S. dollars and will assess a currency exchange adjustment charge in the manner set forth in its operating regulations, which provide that the currency exchange rate will be a wholesale market rate selected by MasterCard or a government-mandated rate in effect one (1) day prior to the processing date, increased by an adjustment factor (currently 1%) established by MasterCard. In any case, the currency exchange rate in effect on the processing date may differ from the rate in effect on the Card Transaction date or the posting date. The currency exchange rate used may be the same as, greater than or less than the amount that would be calculated by conversion through a financial institution in the country in which the Card Transaction occurred. We do not determine the currency conversion rate or adjustment factor that is used by MasterCard, and we do not receive any portion of the currency conversion rate adjustment factor imposed by MasterCard.
Under certain circumstances, however, it is possible for you to charge amounts that exceed your Card Balance ("Overdraft"). In such circumstances, we or the Service Provider will hold you liable for such Overdrafts and charge you an overdraft fee ("Overdraft Fee") as set forth in the Cardholder Fee Schedule found on your Card Carrier. We have no obligation to allow any Overdraft on your Card. You agree to repay in full, promptly upon demand, the amount of any and all Overdrafts, plus accrued interest thereon (at the highest rate permitted by applicable law), if any, plus all fees and expenses, and any reasonable attorney's fees.
Prior to the Expiration Date, we may terminate your use of the Card at any time and for any reason (including but not limited to any fraudulent act as described in paragraph 10 or any Prohibited Activity described in paragraph 12) without notice to you.
We may suspend or terminate you from the Card Program and/or cancel your Card at any time, without notice, and for any reason, including, without limitation, in the event we suspect that you have committed any fraudulent, illegal or impermissible acts, provided to us any false information or otherwise misused your Card or your available Card Balance in anyway ("fraudulent acts"). You agree not to use an expired, canceled or otherwise invalid Card. The suspension or cancellation of your Card privileges will not affect your rights and obligations under this Agreement.
You can get a receipt of a Card Transaction at the time you make any Card Transaction at a terminal. To determine your remaining Card Balance or other information regarding your Card, please visit the website shown on the back of the Card and on the Card Carrier or contact Customer Service. You may write us requesting that a specific periodic statement be mailed or electronically delivered to you. If you elect to receive a paper or electronic statement, your Card Balance will be charged a statement fee as set forth in the Cardholder Fee Schedule found on the back of your Card Carrier for each statement you request during the period your Card is active or if the available Card Balance is not sufficient, you must mail to Customer Service a money order payable to the Service Provider, in the amount set forth in the Cardholder Fee Schedule above for each statement you request. Information regarding the unused value available on your Card may be available free of charge from the Service Provider. Although you may allow a person authorized by you to use your Card, we shall have no obligation to respond to inquiries or claims about your Card Balance or Card Transactions from anyone other than you, and all Card Transactions by such person shall be considered authorized by you, until you notified Customer Service to cancel the Card. We further have no obligation to investigate whether you have authorized others to use your Card. Once the value of your Card is fully used, it can no longer be used for further Card Transactions, except for credits for returns that will be applied back onto your Card.
You must use the Card for valid and lawful purposes only. If you use, or we suspect that you have used, the Card for any other purpose or transaction, including, without limitation unlawful gambling activities (herein called a "Prohibited Activity"), we may suspend or terminate you from the Card Program and/or cancel your Card. You must promptly reimburse us and each applicable Card Network for all amounts or expenses incurred as a result of such use. We reserve the right to block Prohibited Activity and not approve any authorization request for a Prohibited Activity. Card Transactions for any Prohibited Activity made by or for your benefit shall be considered authorized by you, and you assume all responsibility and liability for all losses, costs and expenses you incur as a result of such use.
You are responsible for resolving all disputes with the merchant that accepted your Card. We are not responsible for any injury to you or to anyone else caused by any goods or services purchased with your Card.
We are not responsible (i) if a merchant or financial institution does not honor your Card or (ii) for goods or services you purchase by using your Card, except to the extent required by applicable law. Although you may have a Card Balance, we may be unable to authorize a particular Card Transaction because of operational difficulties or mistakes. Neither our agents nor we will be responsible if authorization for a particular transaction is not given. If you exceed your Card Balance, authorization for further Card Transactions may be declined.
You agree to make your best efforts to protect your Card against loss, theft or unauthorized use. To the extent permitted by applicable law, we are not responsible for lost or stolen Cards or any unauthorized transactions made with the Card. You agree to contact Customer Service AT ONCE if you believe your Card has been lost or stolen or you believe there is any unauthorized use of your Card. Telephoning Customer Service is the best way to keep your possible losses down. How much of the loss you will have to bear will depend on the circumstances. You agree to cooperate completely with us in any of our attempts to recover amounts from unauthorized users and to assist in their prosecution under law. You may have to bear all loss for an unauthorized use of your Card. However, you will not have to bear any of the loss for an unauthorized use of your Card for a non-PIN Card Transaction if: (i) you have exercised reasonable care in safeguarding your Card from the risk of loss or theft, (ii) you have not reported two or more other incidents of the unauthorized use of your Card in the 12-month period immediately preceding your report to us of the unauthorized use, (iii) your Cardholder status, at the time of the reported unauthorized use of your Card, remains in good standing with us; (iv) the user of your Card did not have actual, implied, or apparent authority for such use, and you did not receive any benefit from the Card Transaction. Zero Liability does not apply: (a) to Cards issued to entities that are not natural persons; (b) to Cards issued primarily for business, commercial or agricultural purposes that are not MasterCard Business Card programs; (c) to Cards issued or distributed outside MasterCard's U.S. Region; or (d) if a PIN is used as the cardholder verification method for an unauthorized Card Transaction.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW OR STATED ABOVE, WE AND THE PROGRAM PROVIDER SHALL HAVE NO LIABILITY, OF ANY KIND WHATSOEVER, TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY SERVICES IN CONNECTION WITH THIS AGREEMENT, UNLESS WE HAVE ACTED WITH MALICE OR IN BAD FAITH. WITHOUT LIMITING THE FOREGOING, WE AND THE SERVICE PROVIDER SHALL HAVE NO LIABILITY FOR ANY FAILURE TO FULFILL ANY OBLIGATIONS HEREUNDER DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING ACTS OR OMISSIONS OF GOVERNMENT OR MILITARY AUTHORITY, ACTS OF TERRORISM, ACTS OF GOD OR COMMUNICATIONS FAILURES. IF A COURT OR ARBITRATOR FINDS WE ARE LIABLE TO YOU IN CONNECTION WITH THIS AGREEMENT; YOU MAY RECOVER ONLY YOUR ACTUAL DAMAGES. IN NO EVENT WILL YOU BE ABLE TO RECOVER ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS AGAINST US MUST BE SUBMITTED NO LATER THAN 120 DAYS AFTER THE DATE OF THE CARD TRANSACTION FOR WHICH SUCH CLAIM RELATES OR ARISES; OTHERWISE SUCH CLAIM SHALL BE BARRED.
In case of errors or questions about your Card and any Card Transaction (e.g. if you think your Card Balance or Card Transaction receipt is wrong or if you need more information about a Card Transaction listed on your Card Transaction statement or Card Transaction receipt), please contact Customer Service at the address or toll free phone number set forth in paragraph 2 above. We must hear from you no later than 60 days after we first provided you with any information that would identify or relate to the problem or error. When you contact us regarding your Card Balance or other information, you will be asked to: (i) provide your name, your Card number, your telephone number and your address; (ii) describe the error or transaction you are unsure about (including the date of the Card Transaction and the name of the retail merchant, if applicable), (iii) explain as clearly as you can why you believe it is an error or why you need more information; and (iv) tell us the dollar amount of the suspected error.
We will determine whether an error occurred, within our sole discretion and if appropriate, correct any error promptly. We will complete our investigation in a reasonable time but within 90 days. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days of our request, we will not recredit to your Card or continue our investigation. If we decide that there was no error, we will reverse the credit (if any), and we will send you a written explanation within three business days after completing our investigation.
If we take legal action or begin legal proceedings against you because of your default under the terms of this Agreement, you agree to pay reasonable attorney's fees and other costs of the proceedings. Your responsibility for such fees and costs shall in no event exceed the maximum amount permitted by law.
Nothing in this Agreement shall be construed as constituting any partnership, joint venture or agency between or among us, any Card Network, Service Provider, Client, or any other person.
This Agreement constitutes the entire agreement between you and us regarding your use of the Card. We may delay or waive any of our rights at any time without waiving any of our rights at any future time. Subject to the limitations of applicable law, we may change, add, remove, or otherwise modify or amend any of the terms and conditions of, or add new terms and conditions to, this Agreement, its related services, and applicable fees and charges, at any time and without notice to you, and such changes will be effective immediately. This Agreement as amended or restated from time to time will be posted on the Service Provider's Internet website described in paragraph 2 above, or any designated successor website. Your continued use of the Card after our mailing the notice, or posting the amended or restated Agreement on this website will constitute your acceptance of and agreement to be bound by such changes to this Agreement.
This Agreement constitutes the entire agreement between you and us regarding your use of the Card. We may delay or waive any of our rights at any time without waiving any of our rights at any future time. You must tell us in writing when you change your address. You agree that any communication sent to you at your last address on record with us to have been received by you. This Agreement will be governed by the laws of the federal laws of the U.S.A. and the laws of the State of Ohio, without regard to conflict of law principles. If any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of a court, the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid terms had not been placed in this Agreement. The headings in this Agreement are intended only to help organize this Agreement and are not intended to limit or define any party's rights or obligations hereunder. The parties expressly exclude application of (i) the 1980 United Nations Convention on the International Sale of Goods, (ii) the Uniform Commercial Code as adopted into state law and (iii) NCCUSL's model Uniform Computer Information Transaction Act as adopted and/or modified into state law in any jurisdiction.
Any assignment or transfer by you of this Agreement, the Card and Card Balance, and all related rights, privileges and obligations, is strictly prohibited and shall be null and void.
Any and all claims you may have against any Card Network, the Service Provider, or us shall be subject to F.N.M.S Arbitration Provision set forth in the footer to the screens on our website at www.key.com, which Arbitration Provisions is included in and made a part of the Agreement. This Arbitration Provision sets forth the circumstances and procedures under which a Claim or Claims (as defined in the Arbitration Provision) may be arbitrated instead of litigated in court. You may request a copy of this Arbitration Provision by visiting a F.N.M.S branch or by mailing F.N.M.S at the address below. This Arbitration Provision will apply to your Card unless you notify F.N.M.S in writing that you reject the Arbitration Provision within sixty (60) days of receipt of your Card. Send your rejection notice to F.N.M.S 1620 Dodge St, Omaha, NE-68197. Your notice must include your name and address, your Card number(s) and must be signed by you. Your rejection notice should not include any other correspondence. Calling us to reject the Arbitration Provision or providing notice by any other manner or format than as described above will not operate as a rejection of this Arbitration Provision and consequently this Arbitration Provision will become part of this Agreement. Rejection of this Arbitration Provision does not serve as rejection of any other term or condition of this Agreement. This Arbitration Provision will apply to all Claims, even if the facts and circumstances giving rise to the Claims existed before the effective date of this Arbitration Provision. This Arbitration Provision shall survive expiry of all of your Cards subject to this Agreement and any earlier termination of this Agreement. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision or this Agreement. In the event of a conflict or inconsistency between the applicable Arbitration Rules and this Arbitration Provision, this Arbitration Provision shall govern. Contacting Arbitration Administrators If you have a question about the arbitration administrators mentioned in this Arbitration Provision or would like to obtain a copy of their Arbitration Rules or fee schedules, you can contact them as follows: American Arbitration Association, 25050 Country Club Boulevard, Suite 200, North Olmsted, Ohio 44070, www.adr.org, (800) 891-4741, Arbitration Rules for the Resolution of Consumer-Related Disputes (applicable to requests for arbitration filed by a consumer involving a claim under $10,000) or Commercial Arbitration Rules (for all other claims); National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arbitration-forum.com, (800) 474-2371, Code of Procedure.