This Visa Business Debit Card Master Agreement (the “Agreement”) establishes the terms and conditions governing the Wise Visa Business Debit Cards issued by BBVA USA in partnership with Wise Company, on behalf of the Company. This Agreement should be read carefully and maintained in the Company’s records. The Company does not have to sign this Agreement, but each Authorized Cardholder should sign the Card upon receiving it. By signing the application for this service or by retaining, using, transferring or signing the Card, the Company agrees to the terms of this Agreement.
- Deposit Account or Account - refers to the Company’s designated deposit account with the Bank that is tied to or may be accessed by using a Card issued to an Authorized Cardholder.
- Authorized Cardholder or Cardholder - refers to each person to whom the Bank has issued a Card.
- ATM - refers to automated teller machines.
- Bank - refers to BBVA USA and its successors and assigns.
- Card - refers to the physical Wise Visa Business Debit Card and the account number for the card.
- Company - means the business that has requested the Bank to issue one or more Cards.
- Network - refers to each of the various card processing networks in which the Bank participate.
- PIN - refers to the personal identification number required for certain uses of the Card.
- PIN Transaction - refers to a “point-of-sale” Card transaction for the purchase of goods or services conducted with a PIN.
- POS Transaction - refers to “Point of Sale” transactions, which include both PIN transactions and Signature transactions.
- Signature Transaction - refers to a Card transaction conducted without a PIN at either a merchant’s terminal connected to or a financial institution participating in the Visa Network.
- Unauthorized Use - refers to a transfer from the Account initiated using either a Card or the account number for a Card by someone other than an Authorized Cardholder where that person had no actual authority to initiate the transfer and neither the Company nor the Authorized Cardholder received any benefit from the transfer. There is no unauthorized use if: (a) an Authorized Cardholder allows someone to use the Card, the account number for the Card, or the PIN, even if that person transfers more than authorized, unless the Company has notified the Bank that transfers by that person are no longer authorized, and the Bank has had reasonable time to act on the Company’s notification; (b) the transfer was conducted by a person who has an ownership interest in the Company; (c) the transfer was conducted by any person who has an interest in or authority to transact business on the Account; or (d) the Bank initiates the transfer.
2. Authorized Cardholders: The Bank may issue Cards to Authorized Cardholders upon the request of the Company. The Cards will be mailed to the address of the Company as set forth in the Bank’s records unless otherwise requested in writing by the Company. The Company is solely responsible for distributing the Cards to the Authorized Cardholders and for safeguarding the Cards following receipt. The Company acknowledges that Cards are for the use of the Company’s employees only. The name of the Authorized Cardholder will be imprinted on the Card, along with the Company’s name. The Company is solely responsible for the use and treatment of a Card by an Authorized Cardholder and will inform each Authorized Cardholder as to the terms and conditions of this agreement. Unless the Company notifies the Bank otherwise in writing, the Company hereby authorizes and directs the Bank to issue a renewal or replacement Card before the expiration of each Card. The Company acknowledges and agrees that Cards are not assignable or transferable, by operation of law or otherwise.
3. Business Purposes: Cards are to be used solely for business purposes and the Company agrees to so advise each Authorized Cardholder. The Company’s obligations under this Agreement, however, shall not be affected or limited if any balances are incurred for non-business purposes.
4. Use of the Cards: Each transaction on a Card is considered an “item” under the Deposit Account agreement applicable to that transaction, and will be subject to the terms of that agreement. To protect the use of the Cards, each Authorized Cardholder will be provided with a PIN, which must be used on all ATM Transactions and PIN Transactions. The Company agrees to instruct each Authorized Cardholder not to disclose the PIN to anyone. If the security or confidentiality of any PIN is compromised, the Authorized Cardholder should notify Wise at once by calling (800) 674-8489.
- Subject to availability of funds in the Account and any applicable access, activity or security limits (as provided in Section 13), Cards may be used:ATM Transactions: A Card may be used with a PIN:
- At any BBVA USA ATM, to make cash withdrawals from each Deposit Account and to conduct other transactions that may be available from time to time. Fees may apply. See Deposit Account agreements and disclosures.
- At any ATM connected to the Networks, to make cash withdrawals directly from the primary Deposit Account and to conduct other transactions that may be available from time to time. Fees may apply. See Deposit Account agreements and disclosures for fees charged by BBVA USA. Fees charged by ATM owner may also apply.
- PIN Transactions: A Card may be used with a PIN to access funds in the Account to purchase goods or services and to obtain cash at any merchant that participates in the Networks.
- Signature Transactions: A Card also may be used without a PIN to access funds in the Account to purchase goods or services at any merchant that accepts Visa debit cards, and to make cash withdrawals from the tellers at those banks and other financial institutions that participate in the Visa Network and accept Visa debit cards.The Bank does not promise that everyone will accept Cards. The Bank will have no liability if anyone refuses to accept a Card. Except as otherwise provided in Sections 18 and 20, the Company shall be liable for all charges made using a Card.
5. Stopping Payment On Pre-authorized Recurring Transfers: If the Authorized Cardholder has authorized the Bank to make regular Preauthorized Electronic Fund Transfer payments out of the Account, a stop payment request may be made by CALLING WISE at: (800) 674-8489 or by WRITING WISE at: firstname.lastname@example.org. Wise must be notified in time to receive the request at least three (3) business days before the payment is scheduled to be made. The request must include the exact amount of the payment to be stopped, as well as other information Wise may request. If the stop payment request is delivered by telephone, it must be confirmed in writing within twenty-one (21) days of the oral stop payment request. If the required written confirmation is not provided within twenty-one (21) days of an oral stop payment request, the Company agrees that the Bank may honor or ignore, in its discretion, the oral stop payment request. The Bank also requires a copy of the written revocation to the payee-originator be provided to Wise within twenty-one (21) days of the receipt of the stop payment request.
6. Holds For Authorized Transactions:
We may place a hold on our Deposit Account for a Card Transaction. While many of the Card transactions will occur in real time, meaning the account will be immediately debited for the amount of the transaction; when a Card is used for certain transactions, the merchant accepting the Card may request advance authorization of that transaction. If the Bank authorizes a transaction, the Bank may place a temporary “hold” on the Account for the amount of the authorized transaction, which is referred to as a “POS hold.” While the POS hold does temporarily reduce the available balance, the POS hold is not payment for an authorized transaction. Payment for the transaction occurs only after the actual transaction is presented to the Bank physically or electronically.
Release of POS holds: Any POS hold on the Account will be released upon the earlier of: (a) the day the Bank: (i) receives the actual transaction, (ii) posts that transaction to the Account for payment, and (iii) matches the authorization of that transaction to the actual transaction; or (b) 3 business days after the date we authorized that transaction, except in situations where the period of time indicated by certain merchants (including but not limited to hotels and car rental companies) is greater than 3 business days, whereby the POS hold may be longer.
When the POS hold is released, the amount will be reflected in the available balance. Payment for the card transaction will post separately to the Account. The credit for any particular POS hold is not used to pay the particular transaction for which the hold was placed. Payment for the transaction, and the determination of sufficient funds, takes place at the time the merchant presents the transaction for payment not at the time we authorize the hold.
Effect of an authorization hold: Each POS hold will reduce the available balance in the Account by the amount of the hold. In the event the available balance in the Account is insufficient to pay items at the time they are posted to the Account, the Bank may assess and the Company agrees to pay a service charge for each item (including a transaction on a Card) presented against insufficient funds (an “NSF fee”). An insufficient available balance in the Account may result in whole or in part from a POS hold or from NSF fees charged to that Account.
Transaction Information provided by merchants: In certain instances the bank relies on information sent by the merchant and processes transactions based on the information provided by the merchant. For example, the Bank relies on transaction coding that is sent by the merchant in order to process the debit card transaction as either one time or recurring. As another example, for certain transactions, we rely on the hold time communicated by the merchant in order to determine the length of time funds will be held.
Additionally, under the Visa rules governing Card transactions, merchants generally are permitted to request authorization only for the actual amount of a transaction. However, certain kinds of merchants in specified situations, such as restaurants and gas stations, are permitted to request authorization for a Card transaction in an amount different from the amount of the actual transaction. When the Bank receives an authorization request from a merchant, the Bank does not receive information from which to determine whether the request covers the actual amount of a transaction, an estimated amount, or whether the merchant’s request exceeds the amount permitted by the Visa rules. Therefore, in these situations, the amount of the POS hold will be equal to the authorization amount requested by the merchant.
Because authorization may be based on a designated amount (not the amount of the intended purchase), authorization may be declined even though the available balance in the Account is sufficient to cover the intended purchase. Because each POS hold reduces the available balance in the Account, any authorization request by a merchant for an amount that exceeds the amount of the actual transaction may cause the Account to have insufficient funds to pay items posted to the Account, and may cause you to incur NSF fees for those items. To potentially avoid incurring NSF fees, consider using a different form of payment for these types of transactions.
- If a Card is used to pay for a $50 dinner, the restaurant may request authorization for a $60 transaction, as permitted by the Visa rules.
- If a Card is used at a drinking establishment to order drinks totaling $10, the establishment might request authorization for a $50 transaction in anticipation that additional orders will be placed. Even though this practice may not be permitted by the Visa rules, the Bank cannot make this determination at the time it receives the authorization request.
- Card terminals used for “pay at the pump” gasoline purchases will check for authorization before the amount of any purchase is determined. Authorization will be given only if the available balance in the Account equals or exceeds a certain designated amount, which may vary among merchants and change from time to time. To avoid authorizations that may exceed the amount of the intended purchase at gas stations, Authorized Cardholders should pay inside the station rather than at the pump.
- If you use your card for a hotel stay, the hotel may provide multiple authorization requests during the time of your stay (i.e. for each night of your stay). This will result in a hold on the funds in your account that increases with each authorization request. The length of the initial hold will also be extended with each subsequent authorization request. As an example, if you stay in a hotel for 3 nights and the cost is $100 per night, the hotel may provide the bank with an authorization request for $100 for night one of your stay. Subsequently, the hotel may provide an authorization request for an additional $100 nights two and three of your stay. In this example, the bank would place a $100 hold on the funds in your account due to the original authorization request. As the subsequent authorization requests come in, the initial hold would be increased by the amount of the subsequent authorization request, so that once the third authorization request comes in, the amount of the hold would be $300. As a reminder, and as provided in the examples above, the authorization request from the merchant may be for an amount greater than or less than the actual cost of the transaction.
7. Pending Credits for Returned Items: Any credit (e.g. a merchandise return) on a POS Transaction may show as a pending credit in the account transaction history. The pending credit will not be included in the available balance. Any pending credit shown in the transaction history will no longer appear upon the earlier of: (a) the day the Bank: (i) receives the associated clearing record, (ii) posts the credit to the Account balance and (iii) matches the authorization of the credit to the actual credit transaction or (b) seven (7) business days after the date the Bank received the authorization transaction.
When a POS Transaction appears as pending, this is a courtesy notification that a credit transaction is in process, not that the Bank has received the funds. Once the funds have been received and processed, a credit for the amount received will appear in the posted transactions and the available and actual balances will be adjusted.
8. Illegal Transactions: Cards must not be used for (i) any transaction that is illegal in the jurisdiction where any Authorized Cardholder lives, in the jurisdiction where the transaction is consummated, or in any other jurisdiction affected by the transaction, or (ii) any Internet or on-line gambling transaction or lottery ticket purchase (whether or not the same is legal in any applicable jurisdiction), and the Company agrees to so instruct each Authorized Cardholder. Display of the Visa logo or any other logo by any person accepting the Card does not indicate that the transaction is legal in all applicable jurisdictions. The Company acknowledges and agrees that the Bank has no obligation to monitor, to review or to evaluate the legality of any Card transaction. The Bank reserves the right to decline any transaction that the Bank, in its sole discretion, believes to be an illegal transaction, an Internet or on-line gambling transaction, lottery ticket purchase or a high-risk transaction. To the fullest extent permitted by law, the Company agrees to pay for any Card transaction authorized by an Authorized Cardholder, even if that transaction is determined to be illegal.
9. Fees For Use Of The Card: Upon initial issuance of a Debit Card, the Company may receive one standard Debit Card per Authorized Cardholder at no charge. If a replacement card is requested and issued, a fee may be charged as provided in the Deposit Account disclosure documents. The Bank will not charge a fee to use the Card at a BBVA USA ATM, but may charge a fee to use another bank’s ATM and operators of other ATMs and cash-dispensing devices, their Networks, and merchants may charge a fee for this use as well. Any such fees charged by the Bank and the amounts of such fees will be disclosed in the Deposit Account disclosure documents.
10. International Transactions: International Transactions include any transfer made using the Card in a foreign currency and any transfer made using the Card outside of the United States of America, even if that transaction is made in U.S. dollars. If the transfer is made in a currency other than U.S. dollars, Visa will convert the amount of that transaction into U.S. dollars according to its own currency conversion procedures in effect at that time. The exchange rate used to convert the currency is either a rate selected by Visa from the range of rates available in wholesale currency markets on the applicable processing date (which rate may differ from the rate the entity itself receives), or the government-mandated exchange rate in effect on the applicable processing date. The exchange rate in effect on the applicable processing date may differ from the exchange rate in effect on the date the Card or the number for the Card was used. The amount (in U.S. dollars) of any credit associated with a particular foreign currency transaction is likely to differ from the amount (in U.S. dollars) of the original transaction due to differences in the applicable rates, which may vary daily.
The Bank may charge the Company an International Service Fee (“ISF”) equal to one percent (1%) of the U.S. dollar amount of any International Transaction made at an ATM and three percent (3%) of the U.S. dollar amount of any International Transaction made at some place other than an ATM, whether that transaction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa. In either case, the International Service Fee (the “ISF”) will be calculated on the U.S. dollar amount provided to the Bank by Visa and will be charged to the same Account to which the transaction is posted at the same time the International Transaction posts to that Account. The same conversion process and fee may apply if any International Transaction is reversed or credited back to the Account.
11. Checking Account Requirement: At the time the Card was requested, the checking account to which all POS Transactions on the Card would be posted was chosen, and this checking account is referred to as the Primary Checking Account in this Agreement. If the Primary Checking Account is closed and there is no other checking account tied to the Card, use of the Card will be terminated automatically, even if there are other Deposit Accounts tied to the Card. If there are several checking accounts tied to the Card and, at the time the Primary Checking Account is closed, another checking account has not been designated as the new Primary Checking Account, then the Bank is authorized to designate one of the other checking accounts as the new Primary Checking Account.
12. Insufficient Funds: The Bank may allow one or more ATM transactions, PIN Transactions or Signature Transactions, even though the Account has an available balance that is insufficient to cover the transaction. The fact that a transaction is completed is no guarantee or representation that the Company has sufficient funds in the Account to cover the transaction. If there are insufficient collected funds in the Company’s Account to pay for any purchase made or cash obtained through the use of a Card, the Bank may, at its option: (a) decline authorization on that purchase or cash withdrawal; or (b) authorize payment of that purchase or cash withdrawal, even though payment causes an overdraft of the Account. The Company agrees to pay the Bank’s service charge for handling and processing items drawn against insufficient funds and the amount of any overdraft without further notice or demand. The Bank will not be liable for either paying or declining to authorize payment for such purchases and cash withdrawals.
13. Limitations on Account Access and Activity:
(a) The Company agrees to advise each Authorized Cardholder of the specific access and activity limits with respect to that Card, including, but not limited to, restrictions relating to ATM and POS Transactions, the use of the Card at various merchants, and the maximum number of transactions or maximum total dollar amounts permitted during a specified period of time. The Company understands that once an activity limit is reached, the Bank has no obligation to honor further use of the Card until the applicable time period has expired or the Company advises the Bank of a change to the restrictions in accordance with Section 18. For security reasons, there are restrictions imposed on Cards that may limit the ability of an Authorized Cardholder to use a Card. Some of these restrictions, which are designed to detect and prevent unauthorized use of the Card, cannot be disclosed. Unless the Company requests and the Bank agrees, or the Bank, in its sole discretion, determines otherwise, the Bank may place the following daily limitations on the withdrawals and other transactions an Authorized Cardholder may perform:
* Total cash withdrawals at ATMs - $500 per day or available balance, whichever is less.
* Total POS Transactions - $6,000 per day or available balance, whichever is less.
The daily period to which these limitations apply shall commence at 12:00 Midnight on each day and end at 12:00 Midnight on the following day. The Bank may add to, remove from or otherwise change our restrictions at any time and without notice to the Company. Because of the limitations imposed by some non-BBVA USA ATMs and in the event of equipment failure, unavailability, or other limiting factor outside of the Bank’s immediate control, an Authorized Cardholder may not be able to withdraw or to access funds even though these limitations have not been exceeded.
All deposits made through a BBVA USA ATM are subject to verification and proof, and are accepted in accordance with the terms of the agreement for the Deposit Account and our Funds Availability Policy.
14. Bank’s Business Days: The Bank’s business days are Monday through Friday excluding holidays.
15. Overdrafts: All overdrafts and fees incurred in connection with the use of a Card are governed by the terms and charges applicable to the affected deposit accounts(s). Any such overdrafts may be deemed by the Bank to be an event of default under this Agreement, and the Bank may use any deposit account funds and/or other personal property, which are in the possession of the Bank or which secure other indebtedness to the Bank at the time of such default, toward payment of such overdrafts or fees due to the Bank.
16. Documentation of Card Transactions: Authorized Cardholders may receive a receipt for ATM, PIN and Signature Transactions. As part of the periodic Account statement (the “Statement”), you will be provided the details of all Card transactions and credits made during the applicable period and all fees imposed under this Agreement. The Company agrees to promptly review each Statement. If the Company or an Authorized Cardholder believes that a Statement is incorrect or includes an unauthorized transfer, or needs additional information about a transfer shown on the Statement, the Company must notify Wise in writing at the following address or phone number within thirty (30) days of the date of the Statement on which any disputed charge or error first appeared:
1646 Sugarloaf Drive
San Mateo, CA 94403
The Company agrees that the Bank will not be liable for any amount of loss that the Company may incur if the Company’s periodic statement shows an unauthorized transfer on the Card and the Company does not notify Wise within sixty (60) days after the statement was mailed to the Company.
Notwithstanding anything in this Agreement to the contrary, if the Company does not properly notify Wise within such time period, the Company waives any of its rights with respect to the disputed amount. This notice must include the following information: the Authorized Cardholder’s name; the Account number; the dollar amount of any dispute or suspected error; the reference number for any questioned transaction; and a brief description of the dispute of suspected error.
17. Termination of Authorized Cardholder’s Employment: If an Authorized Cardholder’s employment with the Company is terminated, the Company will immediately notify Wise that the Authorized Cardholder’s employment has been terminated so that the Bank can cancel the Authorized Cardholder’s Card. Until Wise receives such notification, the Card shall remain subject to this Agreement and the Company shall remain liable for all transactions conducted by use of the Card unless otherwise specifically set forth herein.
18. Cancellation of Cards: Changing Limits on Cardholders Accounts:
(a) If the Company at any time wishes to cancel, increase, reduce or otherwise change any limit or other requirement on any outstanding Card, the Company shall notify Wise of the requested action and the requested effective date of such action. Upon cancellation of any Card, the Company will promptly notify the Authorized Cardholder and will use its best efforts to obtain the canceled Card and destroy it.
(b) Upon cancellation of a Card in accordance with this Agreement, the Company shall remain liable for all transactions conducted by the use of the Card prior to such cancellation or termination unless otherwise set forth in this Agreement.
(c) Upon the Bank’s reduction of or change in any limit or other requirement on any outstanding Card, the Company shall promptly notify the Authorized Cardholder. Notwithstanding any such notice, the Company shall remain liable for all amounts incurred by the use of the Card unless otherwise specifically set forth herein.
19. Amendment and Termination of Agreement: The Bank may modify and change this Agreement from time to time, including, without limitation, applicable fees. Any adverse modification or change, other than an immediate change necessary to maintain or restore the security of the Account or any ATM network in which the Bank participates, shall take effect not less than 21 days after notice thereof has been mailed to the Company’s last address shown on the Bank’s records, electronically if the Company has agreed to receive such notices electronically, made available with the periodic statement of the Account (including electronic periodic statements), or otherwise made available to Company. The Bank may, but is not required to, give notice if the amendment will be to the Company’s benefit. By retaining or using the Card or by authorizing anyone else to use the Card after the effective date of any change to this agreement, the Company agrees to the change. No change to any term or condition of this Agreement shall be effective unless accepted or authorized by the Bank in writing. Either the Company or the Bank may terminate this Agreement in its entirety or may terminate individual or collective Card privileges at any time, but any such termination shall not affect any of the Company’s existing obligation under this Agreement. Each Card is the property of the Bank, is non-transferable and must be surrendered to the Bank upon demand.
20. Notification of Unauthorized Use: The Company agrees to instruct each Authorized Cardholder to notify the Company immediately if a Card or PIN is lost or stolen, or if a Card or PIN or the account number for a Card or PIN may be subject to any unauthorized use. The Company agrees to notify Wise immediately at (800) 674-8489 if the Company or any Authorized Cardholder knows or suspects that a Card or PIN is lost, stolen or otherwise subject to unauthorized use. Wise may ask for information in writing concerning the apparent or potential unauthorized transfer. If Wise does so, Wise will provide the address to which that information should be sent.
21. Liability for Unauthorized Use of the Card: If the Company or an Authorized Cardholder notifies Wise of a lost or stolen Card or PIN or any known or suspected unauthorized transfers, the Bank will respond in a commercially reasonable manner and time to reduce the risk of any unauthorized use. If the Company fails to notify Wise, as required in Section 20 above, and the Bank can prove it could have stopped any unauthorized use if the Company had provided the required notice, the Company shall be liable for all unauthorized use. The Company agrees that, with respect to any single unauthorized transfer from the Account, in no event shall the Bank be liable in an amount exceeding the lesser of five thousand dollars ($5,000) or the actual amount of the unauthorized transaction. The use of a Card at any time by an Authorized Cardholder, or by another person with an Authorized Cardholder’s knowledge, even if the Authorized Cardholder is no longer employed or associated with the Company, shall not constitute unauthorized use, subject to applicable law and Sections 17 and 18 of the Agreement.
Notwithstanding the foregoing, if the unauthorized transfer was a Visa Transaction, the Bank agrees to extend the benefits provided by the Visa Zero Liability program in effect at the time of the unauthorized use, as long as the Company notifies Wise within a reasonable period of time after the loss or theft of a Card or PIN or any unauthorized use of it. The Bank will determine, in its sole discretion, the reasonableness of any particular period of time based on the circumstances. If the fraudulent action or gross negligence of the Company, any Authorized Cardholder, or any owner or employee of the Company contributes to the unauthorized use of a Card for a Visa Transaction, then the Company’s liability for that use will be determined as provided above. Gross negligence includes but is not limited to the Company’s failure to fulfill its obligations under this Agreement, such as the obligations to review statements and to report any lost or stolen Card or unauthorized use.
22. Indemnification: The Company shall indemnify and hold harmless the Bank, its affiliates, and their respective directors, officers, employees and agents, from and against any and all losses, claims, damages, expenses, liabilities, judgments, settlements, or other amounts, including reasonable attorney’s fees (collectively, “Losses”) resulting from, relating to or arising out of this Agreement; provided, however, that the Company shall have no obligation to indemnify the Bank, its affiliates, or their respective directors, officers, employees or agents against any Losses to the extent that such Losses result from, arise out of or relate to the gross negligence or willful misconduct of the Bank, its affiliates, or their respective directors, officers, employees or agents.
23. Dispute Resolution: The Company agrees that our issuance of the Card and performance of the related services provided under this Agreement take place in and substantially affects interstate commerce, and are irrevocably tied to the Deposit Account associated with this card. The Company also agrees that any dispute arising out of or relating in any way to this Agreement shall be settled according to the terms provided in the Dispute Resolution Section of the Deposit Account Agreement, provided in connection with the deposit account(s). The terms and conditions of the Deposit Account Agreement are incorporated by reference into this Debit Card Agreement.
ATTENTION IS DRAWN TO THE DISPUTE RESOLUTION SECTION OF THE DEPOSIT ACCOUNT AGREEMENT WHICH IS INCORPORATED BY REFERENCE INTO THIS DEBIT CARD AGREEMENT. THAT SECTION DESCRIBES ARBITRATION AND WAIVER OF JURY TRIAL PROVISIONS. IF A DISPUTE ARISES BETWEEN THE BANK AND THE COMPANY, EITHER PARTY MAY REQUIRE THAT IT BE RESOLVED THROUGH ARBITRATION RATHER THAN THROUGH A JURY TRIAL.
24. General: This Agreement and the related application represent the entire agreement between the parties with respect to Card(s). If there is any conflict between the terms of this Agreement and the Bank’s depository agreement applicable to the Account, the terms of this Agreement shall prevail as to all matters relating to the issuance and use of the Card(s). The remedies provided in this Agreement are cumulative and are not exclusive of any other rights or remedies provided by law. The Company waives demand, presentment, notice of dishonor, protest and suit. This Agreement is effective upon the Bank’s approval. This Agreement shall be governed by federal laws and the laws of the state in which the Bank is headquartered, including but not limited to those regarding the validity, mode of performance, and interpretation of this Agreement. This choice of law provision forms the basis of the bargain between the Company and the Bank. If any provision is found to be invalid or unenforceable, the remaining provisions or terms will remain in full force and effect.
25. Attorney’s Fees and Other Collection Charges: To the extent permitted by applicable law, the Company shall be liable to the Bank for all costs and damages resulting from any breach of this Agreement; provided, however, that liability to the Bank for unauthorized use of the Card shall be determined as provided in Section 21 above. If the Company fails to pay any amounts due under this Agreement and the debt is referred to one or more attorneys, who are not salaried employees of the bank, for collection or other enforcement proceedings, whether by suit or otherwise, and the unpaid balance of the debt exceeds $300, the Company agrees to pay all reasonable expenses permitted by applicable law, including but not limited to, court costs and attorney’s fees set by the court.
26. Notices: Any notice the Company is required to give Wise under this Agreement will be effective only when Wise actually receives it in accordance with Section 16 and, except as specifically provided otherwise, must be in writing. General notices regarding the Account, including a change of address, are governed by the Bank’s deposit agreement applicable to the Account.
27. ATM Safety: Authorized Cardholders agree to use discretion when using ATMs. If there are any suspicious circumstances, the ATM should not be used. The ATM should be inspected before use for possible tampering or unauthorized attachments that could capture the Card or PIN information. If anything suspicious is noticed while transacting business at the ATM, the Cardholder should cancel the transaction, pocket the Card and leave. Cardholders should be careful when using the ATM and be aware of the surroundings, especially at night or in isolated areas. They should park near the ATM in a well-lighted area. At night, the Cardholder should have someone accompany them when possible. The Cardholder should not approach a dark ATM or accept assistance from anyone while using the ATM. Cardholders should not display cash; they should pocket it and then count it later in the safety of their home or office. ATM transaction receipts should be saved and checked against the account statements regularly. PINs should be safeguarded - Cardholders should not write the PIN on the Card or carry the PIN in their wallet or purse. Cardholders should always secure the Card just as they would cash, checks and credit cards. If the Card has an embedded chip, keep the Card in a safety envelope to avoid unauthorized scanning.
Cardholders should immediately report all crimes to local law enforcement and to the ATM operator. If the Card or PIN is lost or stolen, the Bank should be notified immediately by calling (800) 674-8489. The Bank does not guarantee safety while using the ATM.
When making online purchases with the Card, the Cardholder should end transactions by logging out of websites instead of just closing the web browser. The Cardholder agrees not to disclose or otherwise make the Card or PIN available to others without the Bank’s prior written consent.