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. 

Loading Your Card

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 Minnesota except to the extent governed by federal law.

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.

  1. Provide your name and virtual account 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 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

520 Broad Street

Newark , NJ 07102

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.