This document, together with all other documents we provide to you pertaining to your Visa Debit Payroll Card ("Card") and all associated products (collectively the "Services"), constitutes a contract ("Agreement") which sets forth the agreed terms of the Services and their uses, and the responsibilities of First Horizon Bank, ("Bank"), you and any applicable other parties.
In this Agreement, the words "you" and "yours" mean the cardholder in whose names the Card is issued, the owner of the Card and others authorized to use the Card. The words "we," "our" and "us" mean Bank, which issues the Card. "Account" means your payroll card account held by Bank as further described below and to which you have access with your Card. "Employer" means your current employer or one of its affiliates through whom you enrolled in the Services and who makes payment of wages or other compensation to you by loading funds directly onto the Card.
You will be or have been issued a Personal Identification Number ("PIN") to use the Card when performing transactions at Automatic Teller Machines ("ATMs") or making purchases at merchant locations displaying the logos shown on the back of your Card. PLEASE MEMORIZE YOUR PIN AND DO NOT WRITE IT ON YOUR CARD OR KEEP IT NEAR YOUR CARD. You will be responsible for all transactions made by you or anyone who uses the Card with your consent. Your responsibility for unauthorized transactions is described below.
Acceptance of Agreement. By accepting, retaining, activating or using the Services:
Account Details. Your Account is maintained in an aggregated or pooled custodial account established for the benefit of you and other participants in the Services at Bank and into which your salary or other compensation payments are deposited by Employer, and is insured by the Federal Deposit Insurance Corporation ("FDIC") up to the limits permitted by law. Pursuant to an agreement with Bank, your Employer disclaims any rights to any interest in any of the funds in your Account, and acknowledges and agrees that the funds in your Account do not constitute property of Employer, but instead constitute property of the participating employee. You may obtain information about the amount of money you have remaining in your Account by calling the telephone number on your card carrier. This information, along with a 60-day history of account transactions, is also available at the web address on the card carrier. You also have the right to obtain a 60-day written history of account transactions by calling or writing at the number or address on the card carrier.
Types of Electronic Transfers.
Limitations on Usage. When you use your PIN, cash withdrawals from ATMs are limited to $600 per card each business day unless we have agreed with you to authorize a higher amount. When you use your PIN, purchases from merchants displaying the logos shown on the back of your card are limited to $2,500 per card each business day unless we have agreed with you to authorize a higher amount. Non-business days may be considered part of the preceding or following business day for purpose of daily withdrawal limits. Dollar amount and frequency limitations on cash withdrawals from other ATMs may vary.
Stop Payments for Regular Payments. If you have told us in advance to make regular payments from your Account, you can stop any of these payments by calling or writing in time for us to receive your request three business days or more before the payment or more before the payment is scheduled to be made. If you order us to stop one of these payments three business days or more before the transfer is scheduled and according to our agreement with you, and we do not do so, we will be liable for your losses or damages proximately caused by our failure, as the law imposes in such cases.
Lost or Stolen Cards. You promise to tell us AT ONCE if you believe your Card and/or PIN have been lost or stolen, or that someone has transferred or may transfer money from your Account without permission. Call or write us at the telephone and address shown on the front of your card carrier under "Customer Service" or "Business Address."
Liability for Unauthorized Transactions. You MAY be liable for unauthorized use of your card and/or PIN. Let us know AT ONCE if you believe your card or PIN has been lost or stolen. Telephoning is the best way to keep your possible losses down. You could lose all the money in your Account. Your liability will be limited as described below:
In Case of Errors or Questions About Your Account. Call or write us at the telephone number or address shown on the front of your card carrier under "Customer Service" or "Business Address" as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must allow you to report an error until 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us or writing us at the aforementioned number and address.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will 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 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 business days for the amount you think is in error, so you will have the use of the money during the time it takes us to complete the investigation. If we ask you to put your question or complaint in writing, and we do not receive it within 10 business days, we may not credit your Account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at the number on the card carrier or visit the web address on the card carrier.
Availability of Funds Policy. Our policy is to make electronic deposits, if received on a "business day," available for withdrawal on the day received. Every day is a business day, except Saturdays, Sundays and federal holidays.
International Transactions. The exchange rate between the transaction currency and the billing currency used for processing international transactions will be a rate selected by Visa from the range of rates 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. Visa charges 1% of the transaction amount as an International Service Assessment fee for multi-currency transactions and .8% of the transaction amount as an International Service Assessment fee for single-currency transactions. We pass along a 1% International Service Assessment fee to customers for all international transactions.
Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Account or transactions under the following circumstances: (1) where it is necessary for completing transactions; (2) in order to verify the existence and condition of your Account for third parties, such as a credit bureau or merchant; (3) in order to comply with a government agency or court order or subpoena; and (4) if you or your representative give us your permission. We also may disclose information under other circumstances authorized by the law of the state in which we are located.
Transaction Receipts; Documentation. You can get a receipt at the time you use your Card, except when using the Card by telephone, mail, or home or business computer.
Fees and Charges. There is no charge to use your Card for withdrawals or balance inquiries at any First Horizon Bank ATM. A $2.00 charge is imposed for each Account transaction using a non-First Horizon Bank ATM. The owner of that ATM (or network it uses) might also surcharge you to use its machine. A $5.00 dormant account fee is charged when there have been no deposits into or withdrawals from your Account for a period of 12 months. You authorize us to deduct appropriate fees directly from your account balance. There will be Card replacement fee of $5.00 and a $25.00 fee if express delivery is requested. When you use an ATM, you may be charged a fee by the ATM operator or any network used and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer.
Overdraft Charges. An overdraft occurs when an order for payment is presented which exceeds the balance of funds in your Account. This may happen in certain instances. It is important for you to keep track of all withdrawals in order not to overdraw your account. There are no overdraft charges applied to this Account.
Liability. Our liability for losses you incur in connection with your Account is limited to actual damages proved that are proximately caused by our failure to exercise ordinary care. Notwithstanding, if we make an error in your favor by excessively crediting or insufficiently debiting your Account for any reason including but not limited to the giving of cash or credit in excess of a corresponding debit, you agree that you immediately owe us the amount in error, whether you relied on the error or not.
Confidentiality. We will protect the confidentiality of your Account records. Nevertheless, you specifically authorize us to notify the originator of any ACH deposit, including your Employer, when your Account has been closed. Please refer to our separate Privacy Notice that describes our privacy policies including how we collect, use and safeguard customer information. We also may obtain your credit reports, not only for accounts subject to this Agreement, but also concerning any other present or prospective relationship.
Internet Gambling and Illegal Transactions. We may, but are not required to, deny authorization for any Internet gambling transactions or any illegal transactions. You agree that illegal use of the Card will be deemed an action of default and/or breach of contract, and, in such event, the Card, your Account and other related services may be terminated at our discretion. You further agree that should illegal use occur, you waive any right to sue us for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify and hold us harmless from any suits, legal action, or liability directly resulting from such illegal use.
Liability for Failure to Make Electronic Fund Transfers. If we do not complete an electronic fund transfer to or from your 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 money in your Account to make the transfer; (2) if the transfer exceeds the frequency or dollar amount limits imposed under the Agreement; (3) if the terminal or point-of-sale system was not working properly and you knew about the breakdown when you started the transfer; (4) if circumstances beyond our direct control prevent the transfer, despite reasonable precautions that we have taken; (5) if the funds in your Account are subject to legal process or other encumbrance restricting such transfer; (6) if there has been incomplete or inaccurate information forwarded by a third party payer or payee; (7) if your Card has been reported lost or stolen; or (8) if your Card has been canceled. There may be other exceptions to our liability provided by applicable law.
Authorization. Use of the Card to purchase goods or services or to obtain cash at a financial institution shall be considered a simultaneous withdrawal from your Card Account, even though the withdrawal may not actually be posted to the Account until a later date. You authorize us to charge to your Card Account all withdrawals originated by authorized use of the Card.
Stop Payment and Returns. Straight withdrawals originated by use of the Card shall NOT be subject to stop payment or countermanded. However, if you have a problem with the quality of property or services purchased with your card, you may have the right to receive credit to your Account for such purchases. There are two limitations: (1) you must first make a good faith attempt to resolve the dispute with the merchant which may include returning the merchandise, canceling the service or giving the merchant a chance to correct the problem, and (2) you must send us written notice early enough to reach us within 30 days after the mailing of the first statement on which the purchase(s) appeared. Send your notice to the address shown on the front of your card carrier under "Business Address."
Errors, Overpayments and Right of Offset. (a) We and Employer, where applicable, reserve the right to deduct funds from your balance in order to correct a previous error or overpayment to you, and you authorize us (i) to share information as necessary with Employer in connection with resolving any errors or overpayments and (ii) to the extent applicable, to accept instructions from Employer to add or deduct funds from your balance and, in the case of deductions, to return those funds to Employer. (b) We have the right to offset against your Account balance any indebtedness owed by you to us, whether individually or jointly owed. We may offset against your Account balance either before or after your death without demand or notice. We will not be liable for any dishonored transaction entry that results.
PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT PROVIDES FOR MANDATORY ARBITRATION OF CONSUMER CLAIMS (SUBJECT TO SOME EXCEPTIONS), INSTEAD OF COURT PROCEEDINGS. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM BEFORE A JUDGE OR JURY IN COURT OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING. RIGHTS YOU WOULD HAVE IN COURT THAT MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL. FEES AND EXPENSES OF ARBITRATION MAY BE HIGHER THAN THOSE ASSOCIATED WITH COURT PROCEEDINGS. THE ARBITRATOR’S DECISION WILL BE BINDING, EXCEPT AS PROVIDED BELOW.
Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined below), except for Claims filed in a small claims court, may be resolved by mandatory, binding arbitration. The small claims court exclusion applies only so long as the dispute remains in the small claims court and is an individual (non-class, non-representative) Claim. If a Claim asserted in small claims court is transferred or appealed to a different court, either you or we may then elect mandatory, binding arbitration pursuant to this Arbitration Provision. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the FAA).
Definitions for Arbitration Provision. As used in this Arbitration Provision, the following terms have the following definitions. The words we, our, and us mean First Horizon Bank, its parent company, and their direct and indirect subsidiaries and affiliates, together with their employees, officers, directors, successors, and assigns. The words you, your, and yours refer to cardholder in whose names the Card is issued, the owner of the Card and others authorized to use the Card. . The word "Consumer" means a natural person who holds an account primarily for personal, family or household purposes. The word Claim means any claim, controversy, or dispute of any kind arising from or relating to the account or any relationship arising from or related to the account. The word Claim includes, but is not limited to, any claim, controversy or dispute involving one or more of the following:
– the formation, application, enforceability, or interpretation of this Arbitration Provision or other part of the Agreement;
– any advertisements, solicitations, disclosures or other communications relating to the Account, whether made before or after the Account was opened;
– the opening, administration and termination of the Account;
– any transactions involving the Account;
– any interest, fees and other charges to the Account;
– any products or services (whether provided by us or a third party) related to or offered in connection with the Account;
– any use or disclosure of information about you or the Account;
– any other matters relating to the Account or your relationship with us.
All Claims Subject to Arbitration Provision. All Claims are subject to this Arbitration Provision, regardless of whether the Claim: (i) previously existed, is now existing (whether discovered or undiscovered) or arises later; (ii) is based on a theory of contract, tort (including intentional tort), negligence, agency or other vicarious liability, fraud, statute, regulation, constitution, or any other source of law or equity; (iii) seeks monetary damages, or declaratory, injunctive relief, or other remedy or relief; (iv) is asserted as an initial claim, counterclaim, crossclaim, interpleader action, third-party claim or other action; or (v) is asserted as an individual claim or as part of a class action or other representative or collective action. (Any Claim asserted as part of a class action or other representative or collective action shall proceed in arbitration on an individual basis as set forth below.) Authorized users on a single account or multiple accounts for which the same cardholders are legally responsible will be treated as one person for this purpose. All questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.
Initiation of Arbitration. The party electing arbitration must use the arbitration administrator shown below and follow its rules and procedures, except as otherwise stated in this Arbitration Provision. Copies of its current rules, procedures, forms, and related information, including information about how to file a Claim, may be obtained by contacting the Administrator as follows:
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Toll free number: 877-495-4185
Except for the small claims court exclusion set forth above, either you or we may ask an appropriate court to compel arbitration, or stay litigation pending arbitration, of any Claim, even if the Claim is part of a lawsuit in court. A party who has asserted a Claim in a lawsuit may nevertheless elect mandatory arbitration with respect to any Claims subsequently asserted in that lawsuit by any other party. Delay in exercising these rights shall not waive such rights. Failure to exercise arbitration rights with respect to a particular Claim shall not waive your right or our right to demand arbitration of any other Claim. If the Administrator declines to administer a Claim in arbitration, then either party shall have the right to proceed with the Claim as a lawsuit in court, in which case the Class Action Waiver set forth below still applies.
Class Action and Jury Waiver. You and we hereby knowingly and voluntarily (1) waive the right to proceed as part of any class action and (2) waive the right to a trial by jury of any and all Claims. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). Any Claim resolved by arbitration shall be arbitrated on an individual basis by a single arbitrator. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Severability. The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this Arbitration Provision. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. If any portion of this Arbitration Provision, other than the Class Action Waiver, cannot be enforced, that portion will be severed, and the rest of the Arbitration Provision will continue to apply.
Arbitration Procedures and Law. A single arbitrator chosen by the Administrator will resolve Claims pursuant to the rules and procedures of the Administrator and this Arbitration Provision. This Arbitration Provision will govern in the event of conflict with the Administrator’s rules and procedures. Discovery procedures available to parties will be limited by the Administrator’s rules and procedures. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and honor legally recognized claims of privilege. The arbitrator will have the power to award any damages or other relief that would be available in court and is permitted under the terms and conditions of this Agreement, but only with respect to the named parties and the Claims being arbitrated. The arbitrator and this Arbitration Provision will not be subject to federal, state, or local rules of procedure and evidence applicable to lawsuits or to state or local laws relating to arbitration. Either party may choose to have an arbitration hearing and to be represented by counsel. An arbitration hearing may be conducted by telephone if the parties agree. Any participatory arbitration hearing that you attend in person will occur at a place designated by the Administrator at a location within the federal judicial district that includes your billing address or at some other place agreed upon by you and us. The arbitrator will use reasonable efforts to protect confidential information if requested to do so by any party. The arbitrator will make any award in writing and, upon a timely written request, provide a written statement of reasons for the award.
Costs of Arbitration. You and we will be responsible for paying the fees of the arbitrator and any administrative fees charged by the Administrator according to the rules and procedures of the Administrator. We will also pay or reimburse you for all or part of other arbitration fees, if the arbitrator determines there is good reason to do so, and we will pay any fees and costs, which we are required to pay by law or by the rules and procedures of the Administrator. In addition, in the event that you receive an arbitration award that is greater than our last written settlement offer, the arbitrator shall have the discretion to require us to pay your attorneys’ fees and costs. Otherwise, each party will bear its own attorneys’ fees and costs, regardless of who prevails.
Finality of Arbitration. The arbitrator’s decision is final and binding on the parties, except for any right of appeal provided by the FAA. Costs will be allocated in the same way as costs are allocated in arbitration by a single arbitrator. A final and binding award is subject to judicial review only as provided by the FAA. An arbitration award will be enforceable under the FAA by any court having jurisdiction.
Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination or changes in the Agreement and/or related agreements or programs, the Account, and the relationship between you and us concerning the Account and related programs; (ii) bankruptcy of any party; and (iii) any sale, assignment or other transfer of the Account, or any amounts owed on the Account. Any different agreement regarding arbitration of Claims must be agreed in writing.