Epost Card Holder Agreement

  • June 2020
  • PDF

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Business Card for credit to the Account, if that merchant permits such returns. Credits will be applied to the Account as an offset to amounts owed on the Account until it is paid in full. If the Account has acredit balance,we will refund itto either youorto the Company upon request, basedon our discretion regarding to whom the funds areowed. Youherebyappoint the Companyasyour agent to receive credit balancerefunds on your behalf ifwe are uncertain who should receivethe refund, andyou agreeto look solelyto the Company,and not to us, if you believe the credit balance refund should have been refunded to you rather than to the Company. If a credit balance of $1 or more remains in the Account for six (6) months, or for sixty (60) days after termination of the Account, we may issue a refund check of such credit balance and send it to the last address shown for you or the Companyon our records. If the refund check has not been cashedwithin one hundred eighty (180) days, or is otherwise returned to us, we may pay the refund to the Company, in which case we will have nofurther liability to youwithrespectto such credit balance. Credit balancesof lessthan $1 will be refunded only upon your request, and if no such request is received within twelve (12) months of origination of the credit balance, a service fee equal to such credit balancewill be charged to theAccount.

I N F O R M A T I O N WE USE A N D C O L L E C T We may use and collect information about you (including making inquiries we consider necessary or appropriate such as obtaining information from third parties and requesting consumer reports from consumer reporting agencies) for the purpose of considering your request for the Account and subsequently, in connection with any updates, renewals, reviewing or collecting the Account. We also receive information about the purchasesyou make on the Account. Because the Account is a business account, you understand and agree that all information relating to you and/or the Account, includingwithout limitation, the purchasesyou make on theAccount, your application information, and your balance and payment information, may be sharedwith the Company,and that you should have no expectation thatthis information will remain private from the Company (other than any consumer reports we may obtain about you, which we will not sharewiththe Company). We may alsoshare information about you andtheAccountwithour affiliates (companies related to us by common ownership or control) or with service providers (including the MasterCard association) who assist us in delivering services in connection with the Account or our Business Card program. Additionally, we may share information about you or the Account at the Company's request with other third parties, to assist the Company in maintaining its records, managing business related expenses and coordinating collection efforts, among other things. Finally,we may share information asotherwise permitted by law. If the Account is opened by us on behalf of a referring financial institution: (a) you authorize the referring financial institution to provide to us, upon our request, information in its possession concerning Companyand you;and (b) you authorize usto notify the referring financial institution whether the Company's application is approved and, if so,to provide the referring financial institution from time to time withinformation regarding the existence, status, useand history of the Companyand theAccount.

1-9 Cards $45 per card 10- 99 Cards $25 per card 100 or more $15 per card LATE PAYMENT FEE. If we do not receive your Minimum Payment Due by the Payment Due Date shown on your Statement, we may impose a Late Payment Fee based on your new Balanceat the time your delinquent Minimum Payment Due was calculated, as indicated below: Amount of New Balance Late Payment Fee Less than $100 $15 $100-$249.99 $29 $250 or more $39 OVER-THE-CREDIT-LIMIT FEE. Ifthe totaloutstanding balanceof the Account, including accruedand unpaid FinanceChargesand any other fees or charges imposed in connection with the Account, exceeds the Company Credit Limit any time during a billing period or if aCardholder Credit Limit is exceeded,we will assess a $29 Over-the-Credit-Limit Fee for that billing period.We may assess an OverLimit Feeeven if we authorize the transactions on the Account that caused you to exceed your Cardholder Credit Limit or the CompanyCredit Limit, even if as a result of unpaid FinanceChargesor other fees. ATM Fee for Cash Advances. We will charge to the Account any fee imposed by the operator of any ATM at which Cardholder obtains a CashAdvance. PAY BYPHONE FEE. Eachtime apay-by-phonepayment isprocessed ontheAccountby alive CustomerService Representative(asopposed to our automated telephone system), a fee of $10 will be assessed to theAccount. RETURNED PAYMENT FEE. If any payment on the Account is not honored for its full amount, we may charge a $29 Returned Payment Fee. COPY FEE. We may charge a $3 fee for each copy of any Statement requested and a $2 tee for a copy of any transaction reflected on the Statement other than a Check. Checks paid by us will not be returned to Company. We may also charge $15 for a copy of any cancelled Check requested by you orCompany. RENEWALAND REPLACEMENT CARDS; DELIVERY OFCHECKS. In the event we issuea renewal, replacement or new Cardon a"rush" basis at the request of Cardholderor Company, we may charge a $35 expediting fee. If Company requests that Checks be delivered on a "rush" basisan expediting fee of $35 may becharged. RETURNED CHECK FEE. We may charge a $29 fee for any Check you write on the Accountthat we return unpaid for anyreason. STOP PAYMENT FEE. If we stop payment on any Check at your request, we may charge a fee of $29.

C A N C E L L A T I O N OR S U S P E N S I O N Regardless ofwhether anevent ofdefault hasoccurred,we maycancel or suspendyour privilege to usetheAccount, or lower your Cardholder Credit Limit, your Cardholder Cash Limit, or the Company Credit Limit and/or the CompanyCash Limit at any time for any reason, and we will give you only such notice as is required by law, if any. We may also terminate or suspend your use of ATMs or other electronic terminals without cause or prior notice. If the Account is suspended,it may be returned to active status with or without notice to you and at our sole discretion. In addition, the Company may request that we cancel your ability to use the Account at any time. Your ability to use the Account will becancelledautomatically iftheAccountiscancelledor terminated. After cancellation or suspension of the Account or your use of the Account, Company and you remain responsible for amounts owed on the Account in accordancewith the terms of this Agreement.

TERMINATION AND ACCELERATION S C H E D U L E OF F E E S In addition to the FinanceChargesdescribedin this Agreement, the following feeswill apply to theAccount. ANNUAL FEE. We will charge a per-Card annual fee to your Account as follows:

We may, at our sole option, terminate the Account and/or demand that thetotalbalanceoftheAccountbe paid infull under anyofthe following circumstances: (i) you fail to comply with the terms of this Agreement, (ii) you exceed the maximum Cardholder Credit Limit or Cardholder

i Cash Limit on the Account, (iii) you or the Company use a check or ! instrument for payment which isdishonored,(iv) any payment due isnot ' j made by the Payment Due Date, (v) we have evidenceor a reasonable j | belief that an improper use of your BusinessCard or the Account has i beenor may be made;(vi) we haveevidenceor areasonablebeliefthat j you or the Company is unable or unwilling to meet all of its obligations j | relating to the Account; (viij the Company Credit Limit or Company Cash Limit hasbeenexceeded, (viii)we determine thatCompanyor the Authorizing Officer has made any misrepresentation in the information provided to us in connection with the Account; or (ix) Company fails to notify us within 30 days after a change in ownership of more than twenty percent (20%) of the outstanding sharesor ownership interests ' in the Company. In addition, the total balance on the Account will be I considered due in full if the Company becomes insolvent or bankrupt. • We may also enforce any of our other legal rights. In such event, the terms of this Agreement will apply until full payment is received of the . amount owing on the Account, including Finance Charges and other [ fees which we will continue to impose to the date of full payment. Additionally, if, after occurrenceof any of the above circumstances,we refer the Account for collection to an attorney who is not our salaried employee, we may, to the extent permitted by applicable law, charge and collect from Company our collection costs, including court costs and reasonableattorneys' fees.

R E T U R N O R S U R R E N D E R OF B U S I N E S S C A R D If we terminate the Account or your use of the Account, you must destroy your Business Cardand not use it. If the Companyasksyou to surrender your BusinessCardto it for any reason,you must do so. If a merchant that accepts the BusinessCard asks you to surrender your expired or terminated Business Card, you must do so. You may not use the BusinessCard after it has expired, after we have terminated or suspended the Account or your use of the Account, or after your employment with the Company has ended, but, if you do, you will be liable for any suchuse.

CARDHOLDER AGREEMENT INDIVIDUAL BILL REVOLVING CREDIT CARD

request or to resolve your dispute. Youdo not have to pay any amount inquestion while we are investigating your inquiry, but you must pay the parts of your bill that are not disputed. No late feeswill accruebecause ofthe disputed amount pending resolution ofthe dispute,although such fees may be imposed retroactively if it is determined that the disputed amount is properly payable. We are not responsible for any problem you have with any goods or servicesyou purchasewith yourBusiness Card, Checks or theAccount.

IMPORTANT: Your Silicon Valley Bank MasterCard® is a revolving businesscredit card. Beforeyousignorusethe Business Card, readthis Agreement thoroughly. ThisAgreement, as modified from time to time, governs your use of the Business Card and the account ("Account") issued in connection with the Business Card. By signing, using, or accepting the Business Card, you will be agreeing to everything written here.

RENEWAL CARDS Unless otherwise revoked or terminated, your BusinessCard and the Account will be valid through the expiration date printed on the face of the BusinessCard. By accepting the issuance of the Business Card, you are requesting that we issueyou a renewal BusinessCard before the current BusinessCard expires. We may continue to reissue your Business Card but are not obligated to do so. You agree to notify us immediately upon learning of the loss, theft or possible unauthorized use of the CardorAccount. Oncewe have been notified we may issue a replacement Card.

C H A N G I N G THIS

DEFINITIONS As youreadthisAgreement,rememberthatthefollowing words have the following meanings: "Company" refers to the businessentity (typically your employer) that has requested that the Business Cardbe issuedto you; "you" or "your" refers to the person named on the Business Card; "Business Card" or "Card" meansthe cardissuedunder thisAgreement; "Authorizing Officer" means the person authorized by Company to request that the Account be established for Company and that the Card(s) be issued, and includes any successor to the person identified by Company; "Cardholder" means a person for whom Company has requested and to whom we have issued Cards; "we," "our" or "us" refers to SiliconValley Bank, the bank that issuesthe Business Card, or its assigns; "Checks" means checks we may issue in connection with the Account, which may be used to purchase goods and services from merchants who accept checks; "Charges"refers to all amounts charged to the Account, including, without limitation, Purchases, Cash Advances, any transaction in which you have evidenced an intention to make a Purchase or obtain a Cash Advance, the Annual Card Fee, other miscellaneous charges and fees, and any other monetary obligations associatedwith theAccount.

AGREEMENT

We have the rightto change and/or add to the terms ofthisAgreement. We will give you notice ofthe change in advance,to the extent required by applicable law, at the last address for you shown in our records. The new terms may be applied to both new charges, and the thenexisting BusinessCard balance of the Account,to the extent permitted by applicable law.

TELEPHONE MONITORING To help ensurequality customer service, on occasionyour callsmay be monitored or recordedfor training and quality control purposes. Allcalls you make are treated confidentially.

ASSIGNMENT We may assign the Account and our rights under this Agreement without prior notice to you.

A C C E P T I N G THE A G R E E M E N T

FOREIGN TRANSACTION FEE If you make a transaction with your BusinessCard in a currency other than U.S. dollars, MasterCard will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that MasterCard currently uses, the non-U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate. The currency conversion rate that MasterCardtypically uses is either a government mandated rate, or a wholesale rate provided to MasterCard. The currency conversion rate that MasterCard uses for a particular transaction is the rate MasterCard uses for the applicable currency when the transaction ; is processed. This rate may differ from the rate in effect when the I transaction occurred or when it was posted to your Account, and may ' be higher than the rate you could have gotten if you had convertedU.S. | dollars into the foreign currency. We charge a fee for each transaction j that you make in acountry other than the United States,whether or not j the transaction was in foreign currency. This fee will equal 2% of the dollar amount of the foreign transaction.

C H O I C E OF L A W

By:

U S E O F THE B U S I N E S S C A R D ,

f

DISPUTES

If you agree to be bound by this Agreement, you should sign the Business Cardassoonasyou receive it. If you do not wish to be bound by this Agreement, you should destroy the BusinessCard and not use it. Youractivation, retention or useof the Business Card, will constitute your agreement to bebound bythisAgreement. Any useoftheAccount number withoutthe Card, however initiated, shallbe deemed to be use of the Card.

This Agreement shall be construed in accordance with applicable United Statesfederal law, and,to the extent not preempted, applicable California law, without reference to the choice of law rules of the State of California. This Agreement shall be deemed entered into, and all credit extended from, California regardlessof whether the Companyis located in California or you reside in California or whether you or the Company use the Card inCalifornia.

BruceWallace Head of SVB GlobalOperations Silicon ValleyBank Ohio Residents: The Ohio laws against discrimination require thatall creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliancewiththis law.

If you have any questions, problems, discrepancies, or disputes concerning Charges on the Account, you must contact us within sixty (60) days from the Closing Date of the Statement on which such Charges first appear. Follow the instructions set forth on your Statement for contacting us with your question or problem and we will takeall reasonableandappropriate stepsto providethe information you

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You may use the BusinessCard only for business purposes to make purchases of goods and services from participating MasterCard merchants ("Purchases"). We may permit youto obtain cash advances ("Cash Advances") by presenting the Business Card at participating MasterCard member offices or by use of automated teller machines ("ATMs") or other electronic terminals that accept the BusinessCard for such purposes. If you are given (or if you select) a Personal Identification Number ("PIN") to obtain Cash Advances, you agree not to disclose your PIN to others. You also agree that we may disable this Cash Advance feature or terminate or suspend your use of ATMs or other electronic terminals without cause or prior notice. We are not liable for the refusal of any merchant to accept or honor the Business Card for any reason, including the inability to obtain authorization for the Purchase, orfor any failure to complete atransaction at anATMfor any reason.We reservethe rightto deny authorization ofany requested or attempted Charge.

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