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Cardholder Agreement IMPORTANT – PLEASE
READ CAREFULLY Terms
and Conditions/Definitions for the Gift2Gosm Visa® virtual account:
This document constitutes the agreement (“Agreement”) outlining the
terms and conditions under which a Gift2Go Visa virtual account has been
issued to you. By accepting and using the virtual account, you agree to be
bound by the terms and conditions contained in this Agreement.
The “virtual account” means the Gift2Go Visa virtual account issued
to you by Silverton Bank, N.A “Issuer” means Silverton Bank, N.A
Silverton Bank, N.A is an FDIC insured member institution.
The virtual account means the records we maintain to account for
the value of claims associated with the account.
IDT Financial Services LLC (“IDT”) acts as the Gift2Go Visa
virtual account program management company and administers cardholder
operations. The balance of funds available for use is tracked in your
virtual account and will decrease each time you use the virtual account to
make a purchase. “You” and
“your” means the person or persons who have opened the virtual account
and are authorized to use the virtual account as provided for in this
Agreement. “We,” “us,” and “our” mean Silverton Bank, N.A, our
successors, affiliates or assignees. You acknowledge and agree that the
value available in the virtual account is limited to the funds that you
have loaded into the virtual account or have been loaded into the virtual
account on your behalf. The
virtual account is not connected in any way to any other account.
The virtual account is not a credit account.
The virtual account is not for resale.
You will not receive any interest on your funds in the virtual
account. The virtual account
will remain the property of Silverton Bank, N.A. and must be surrendered
upon demand. The virtual
account 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.
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 virtual account.
If you permit another person to have access to your virtual account
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 your virtual account
according to the terms and conditions of this Agreement. Secondary
Accountholder: You
may not request an additional virtual account for another person. Personal
Identification Number: You will not receive a
Personal Identification Number (“PIN”) for your virtual account.
Cash
Access: You
may not use your virtual account to obtain cash from an Automated Teller
Machine (“ATM”), Point-of-Sale (“POS”) device, or by any other
means. You may not use your
virtual account at an ATM. Additional funds may not be
added to your virtual account, called “value loading”.
Your virtual account is
non-reloadable Using
Your Virtual Account/Features: The maximum amount that can be spent on your
virtual account per day is $500.00. The
maximum value of your virtual account is $500.00.
You may use your virtual account to purchase goods
or services only on the Internet or by telephone from merchants that
accept Visa debit cards as long as you do not exceed the value available
in your virtual account. Please
keep in mind, however, that certain merchants may want to associate your
virtual account with your name and address
which they will not be able to do, resulting in a decline. Some merchants do not allow cardholders to conduct split
transactions where you would use the virtual account as partial payment
for goods and services and paying the remainder of the balance with
another form of legal tender. Each
time you use your virtual account, you authorize us to reduce the value
available in your virtual account by the amount of the transaction and any
applicable fees. You are not
allowed to exceed the available amount in your virtual account through an
individual transaction or a series of transactions.
Nevertheless, if a transaction exceeds the balance of the funds
available on your virtual account, 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 virtual account.
You may not make preauthorized regular payments from your virtual
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. For security reasons we
may limit the amount or number of transactions you can make with your
virtual account or the number of virtual accounts you may have. Your
virtual account may not be redeemed for cash and you may not use your
virtual account for online gambling or any illegal transaction. Returns and Refunds: If
you are entitled to a refund for any reason for goods or services obtained
with your virtual account, you agree to accept credits to your virtual
account 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
virtual account, or if you have a dispute with the merchant, you must
handle it directly with the merchant. Charges
Made In Foreign Currencies:
If you make a purchase in a currency other than the currency in which your
virtual account was established, the amount deducted from your virtual
account will be converted by Visa U.S.A. Inc into an amount in the
currency of your virtual account. The exchange rate between the
transaction currency and the billing currency used for processing
international transactions is a rate selected by Visa U.S.A. Inc from the
range of rates available in wholesale currency markets for the applicable
central processing date, which may vary from the rate Visa U.S.A. Inc
receives, or the government mandated rate in effect for the applicable
central processing date. If you make a purchase in a currency other than
the currency in which your virtual account was established, the Issuer may
assess a foreign currency conversion fee of 2% of the transaction amount
and will retain this amount as compensation for its services. Receipts
You
should get a receipt at the time you make a transaction using your virtual
account. You agree to retain
your receipts to verify your transactions. Virtual
Account Balance/Periodic Statements
You are responsible for keeping track of your virtual 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 virtual account online or by
calling 1-800-995 3065. Statements
in electronic format will be made available free of charge at
www.gift2go.net during each month in which a transaction occurs.
You will not automatically receive paper statements.
You may choose to have a paper statement mailed to you by
contacting us each time at 1-800-995-3965.
However, there is a fee for this service. Fee
Schedule: The
following is a list of service fees and other fees related to your virtual
account, subject to applicable law. All
fee amounts may be withdrawn from your virtual account. a)
Activation Fee.
There is a $4.95 fee deducted from your available funds upon
activation of your virtual account. b)
Monthly Service Fee.
There is a Monthly Service Fee of $2.50 which will be deducted from
your available funds. This fee
will be waived for the first six (6) months after establishment of your
virtual account and will begin on the first (1st) day of the
seventh (7th) month, subject to applicable law.
If we establish a replacement virtual account due to lost or stolen
virtual account information, the initial six (6) month period is still
tracked from the date your original virtual account was established. c)
Virtual Account Replacement Fee.
A $5.00 Virtual Account
Replacement Fee will be deducted from your available funds to replace lost
or stolen virtual account information or to reissue a virtual account to
transfer a balance from a virtual account in which the “good-thru”
date has passed. d)
Foreign Currency Fee.
There are fees associated with purchases made in a currency other
than the currency in which your virtual account was issued.
See “Charges Made in Foreign Currencies,” for further details. e) Paper Statement Fee. While you can keep track of the amount of available funds on your Card by visiting www.gift2go.net or by calling Customer Service at 1-800-995-3065 anytime, twenty-four (24) hours a day, seven (7) days a week for free, a $5.00 Paper Statement Fee will be deducted from your available funds for each monthly paper statement requested. See “Virtual Account Balance/Periodic Statements”, for further details Virtual
Account “Good Thru” Date: Your
virtual account has a “good thru” date of one (1) year from the
establishment of your virtual account. The “good thru” date is simply
required to ensure that the virtual account can be used with merchants
that request and/or require customers to provide an “expiration date”
during the transaction process. You will not be able to use your virtual
account after the “good thru” date, but you are able to transfer the
balance on your virtual account to a newly issued virtual account if you
contact us within sixty (60) days of such “good thru” date at the
Customer Service number in this Agreement. There will be a $5.00 Virtual
Account Replacement Fee, subject to applicable law. If you do not contact
us within that sixty (60) day period, the virtual account will be closed
and any remaining balance will be handled in accordance with applicable
law. Confidentiality:
We may disclose information to third parties about your virtual account or
the transactions you make: a)
Where
it is necessary for completing transactions; b)
In
order to verify the existence and condition of your virtual account for a
third party, such as a merchant; c)
In
order to comply with government agency, court order, or other legal
reporting requirements; d)
If
you give us your written permission; or e)
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 virtual account 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 virtual
account to complete the transaction; (2)
If a
merchant refuses to accept your virtual account; (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 virtual account has been blocked after you reported your virtual
account 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. Your
Liability for Unauthorized Transactions: Contact us
at once if you believe your virtual account information has been lost or
stolen. Telephoning is the best way to minimize your possible losses.
If you believe your virtual account information has been lost or
stolen, or that someone has transferred or may transfer money from your
virtual account without your permission, call us toll free at
1-800-995-3065. When calling,
be prepared to provide your name, virtual account number, original virtual
account value, and most recent transactions.
Under Visa U.S.A. Operating Regulations, your liability for
unauthorized Visa transactions on your virtual account is $0 if you notify
us promptly and you are not grossly negligent or fraudulent in the
handling of your virtual account. If
you notify us within two (2) business days, you can lose no more than $50
if someone used your virtual account without your permission.
If you do not notify us within two (2) business days after you
learn of the loss or theft of your virtual account information and we can
prove that we could have stopped someone from using your virtual account
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, tell 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
or you are grossly negligent or fraudulent in the handling of your virtual
account. If your virtual
account information has been lost or stolen, we will close your virtual
account to keep your losses down. In
order to conduct a complete investigation, you may need to provide a
signed affidavit. It may take
up to thirty (30) days to establish a replacement virtual account. Other
Terms: Your
virtual account and your obligations under this Agreement may not be
assigned. We may transfer our
rights under this Agreement. Use of your virtual account 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 Amendment
and Virtual Account Cancellation:
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 virtual account or this Agreement at any time.
You may cancel this Agreement by notifying us in writing.
Your termination of this Agreement will not affect any of our
rights or your obligations arising under this Agreement prior to
termination Information
About Your Right to Dispute Errors:
In case of errors or questions about your electronic transactions, call
1-888-643-0027 or write to Cardholder Services, IDT Financial Services LLC
520 Broad Street Newark, NJ 07102 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.
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 virtual account 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 virtual account.
For errors involving new virtual accounts, 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: Gift2Go
Visa virtual account 1-888-643-0027
Revised: 09/2007 ©2007-2008
All rights reserved. The name
“Gift2Go” is a registered service mark of IDT Financial Services, LLC. |