CARDHOLDER AGREEMENT AND DISCLOSURE
IMPORTANT - PLEASE CAREFULLY READ –
THE AMERICAS CARD Visa PAY CARD
This Cardholder Agreement and Disclosure (this "Agreement") covers your rights, our
rights, and rights of our affiliates and representatives, relating to your election
to participate in THE AMERICAS CARD Pay Card Program (the "Program"), and, the issuance
to you, and your use of, THE AMERICAS CARD Visa Pay Card (the "Card"). The Americas
Card is issued by First California Bank pursuant to a license from Visa U.S.A.
Inc. In this Agreement, "You" and "Your" means the person or persons who have received
the Card and are authorized to use the Card as provided for in this Agreement. "We",
"Us" and "Our" mean TAC Financial, Inc., our successors, affiliates or assignees,
or First California Bank. By using, or authorizing any other person to use your
Card, you hereby understand and agree to the following terms and conditions:
- Receipt of Payment via the Card. Your company or employer (your "Company") will
transfer funds (the "Funds") due to you (the "Funds"), to an account maintained
at a depository institution appointed by TAC as a service provider (the "Bank").
We will only appoint a Bank that is a member of the Federal Deposit Insurance Corporation
(the "FDIC") to hold your Funds. You can in turn access your Funds through your
use of the Card.
- Availability of Funds. Your Funds will become available to you through the use of
the Card after your Company has transferred those Funds to the Bank. You may use
your Card to access Funds only to the extent that you have available Funds. You
can call us at 1-800-279-6124 or go to http://theamericascard.com and click on "Cardholder
Login" to determine whether the transfer has occurred or to get your current card
account balance.
- No Interest on Your Funds. You will not receive any interest on your Funds while
the Funds are held by the Bank.
- Card Services. We generally offer the following services to Cardholders ("Cardholder
Services"):
- Automated Teller Machine ("ATM") Services. You may use your Card to access your
Funds at an ATM that bears the network marks for Plus, STAR, and NYCE, that appear
on the back of your Card or to inquire about the amount of Funds available to you.
- Merchant Services. You may use your Card to purchase goods and services at any retail
or other establishment that accepts Visa debit for payment or displays the network
marks that appears on the back of your Card.
- Fees. Fees applicable to your use of the Card, are set forth on the attached Cardholder
Schedule Rate Card. TAC Financial, Inc. will provide you written notice of a change
in fees at least thirty (30) days prior to the effective date of such change. If
TAC Financial, Inc. is unable to contact you for any reason, TAC Financial, Inc.
will post the changes to the fees on The Americas Card website at http://theamericascard.com.
You will be deemed to have proper notice thirty days (30) after the amendments are
posted.
- Personal Identification Number ("PIN"). We will assign to you a confidential PIN,
which will enable you to identify yourself when using your Card. Your PIN is a security
feature that functions as your signature, identifying you as the proper user of
the Card and authorizing any transaction that you make through the Card. It is solely
your responsibility to not reveal your PIN to unauthorized users of the Card and
you assume full responsibility for any and all transactions made through your Card
with the use of your PIN. If you voluntarily give your Card and/or PIN to another
person, you have authorized such person to use your Card and access your Funds,
and you will be responsible for their use of your Card.
- Receipts at Electronic Terminals. You should receive a receipt at the time you use
your Card at an ATM, or to purchase goods or services through a merchant at retail
or other establishment.
- Periodic Card Statements. Under the Electronic Fund Transfer Act, you can request
periodic statements showing your balance and transactions done using your Card.
You can choose to receive the following information in paper form or electronically:
- Monthly statements, unless there are no transactions through your Card during a
particular month.
- Amendments to this agreement, including, without limitation, any changes in the
Cardholder Services Schedule and fees set forth thereon or any other terms or conditions
of your use of the Card; and
- All other disclosures, notifications and information relating to the Card and the
terms of your use of the Card.
- Our liability for unauthorized Transfers. You shall notify us immediately if you
believe that your Card has been lost or stolen or that an unauthorized person has
learned your PIN or Card number. Telephoning us is the best way of minimizing your
possible losses. You could lose all of your Funds if you fail to notify us promptly.
If you notify us within two (2) business days, you can lose no more than $50.00
if someone used your Card without your permission. If you do not notify us within
two (2) business days after you learn of the loss or theft of your Card, and if
we can prove that we could have prevented someone from using your Card without permission
if you had promptly notified us, you could lose up to $500.00 of your Funds. You
shall notify us immediately if your Card statement shows transfers or transactions
that you did not make or authorize. If you do not notify us within sixty days (60)
after the statement was delivered to you and if we can prove that we could have
prevented someone from withdrawing or using your Funds if you had notified us in
time, you may not get back any Funds withdrawn by an unauthorized user.
- Our Liability for Failure to Complete Transactions. If we do not properly complete
a Card transaction for you on time and in the correct amount, we could be liable
for your losses or damages. However, there are some exceptions:
- If through no fault of our own, you do not have adequate Funds available to complete
the transaction;
- If an ATM where you are making a withdrawal does not have enough cash;
- 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;
- If circumstances beyond our control (such as fire, flood or communications or computer
failure) prevent the completion of the transaction, despite our reasonable efforts;
- If access to your account has been blocked after you have reported your Card lost
or stolen;
- If a merchant refuses to accept your card;
- If there is a hold on your Funds at the Bank for any reason;
- If your Funds are subject to legal process or other encumbrance restricting its
transferability; or
- If your transfer authorization terminates by operation of law.
There may be other applicable exceptions not listed above, but stated elsewhere in
other agreements between you and us.
- Error Resolution. In case of errors or questions about Card transactions or if you
need more information about a transaction listed on a statement or receipt, please
notify us as soon as possible. You can notify us by telephone at 1-877-202-CARD
(2273), or by mail at 4080 Paradise Road, Ste 15-30, Las Vegas, NV 89169, or by
email at: info@theamericascard.com. We must hear from you no later than sixty days
(60) after we sent you the first statement on which the problem or error appeared.
When you notify us:
- Tell us your name and Card number.
- Describe the error or transaction that you are unsure about, and explain as clearly
as possible why you believe that it is an error or why you need more information.
- Tell us the dollar amount of the suspected error and where and when the transaction
took place. If you tell us orally, we may require that you send us your complaint
or question in writing within ten (10) business days.
- Within ten (10) business days after we hear from you, we will determine whether
an error occurred, and if so, we will correct the 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 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 that it takes us to complete our investigation. If
we ask you to put your complaint or questioning in writing and we do not receive
it within ten (10) business days, we may not so credit your account.
- We will tell you the results within three (3) business days after completing our
investigation. If we decide that there was no error, we will send you a written
explanation. We may debit your Funds at the Bank with the amount that we credited
your Funds during our investigation of your complaint or question. You may ask for
copies of the documents that we used during our investigation.
- Foreign Currency Transactions: Any purchase or withdrawal made in another currency
will be converted to U.S. dollars by Visa U.S.A. Inc., according to an exchange
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 itself receives, or the government-mandated rate in effect for the
applicable central processing date. You agree to pay the converted amount plus any
charge for conversion or proceedings that may be imposed.
- Confidentiality. We may disclose information to third parties about your Card transaction
history:
- Where it is necessary for completing transactions;
- n order to verify the existence and conditions of your Card and Funds for a third
party, such as a credit bureau or merchant;
- In order to comply with government agency or court orders, or other legal reporting
requirements; or
- If you give us your written permission. Within our organization and with respect
to the Bank, we may share your personal information as well as information concerning
your Card transaction history. Other information you have given us in connection
with obtaining a Card, or information we may receive from other third party, also
may be shared within our organization, with the Bank and certain other parties.
Please see our Privacy Policy for additional information in this regard.
- Business Days. Our business days are Monday through Friday, 8:00 am – 5:00 pm, PST,
with the exception of any state or federal banking holidays.
- Cancellation. You may cancel your Card and this Agreement at any time by notifying
your Company or by contacting us directly. In addition, we may cancel this Agreement,
the Card and the related services at any time., which cancellation will be effective
upon two (2) days' prior written notice to you or to your Company.
- Amendment. We may amend or change the terms of this Agreement at any time and from
time to time. We will notify you thirty days (30) prior to the effective date of
any such changes. If we are unable to contact you for any reason, we will post the
changes on The Americas Card website at http://theamericascard.com. You will be
deemed to have proper notice thirty days (30) after the amendments are posted. You
are encouraged to review the web site regularly to monitor changes in the terms
of this Agreement. However, if a change is made for security purposes, we can implement
it without prior notice.
- Severability. In the event that any provision of this Agreement is determined to
be invalid, illegal or unenforceable, such determination shall not affect the other
provisions of this Agreement.
- Governing Law. This agreement shall be governed by, and construed in accordance
with the laws of the State of California and any actions or preceding with respect
to this Agreement or any services hereunder shall be brought only before a federal
or state court in the State of California.
