Common use of Liability for Failure to Stop Payment of Preauthorized Transfer Clause in Contracts

Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized payment three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. We reserve the right to block or cancel your Card Account or Virtual Account if, as a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreement. We will incur no liability to you because of the unavailability of the funds that may be associated with your Card Account and/or Virtual Account. No individual transaction made with your Card can exceed $4,999.99. You may use your Card to purchase or lease goods or services wherever Visa debit cards or PULSE cards are accepted. Use of your Card is permitted as long as you do not exceed the value available on your Card Account—unless we decide to approve such transactions. Some Merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the Merchant, you must tell the Merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some Merchants may require payment for the remaining balance in cash. If you fail to inform the Merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined. If you use your Card at an automated fuel dispenser (“pay at the pump”), the Merchant may preauthorize the transaction amount for $125.00 or more. To avoid preauthorizations by the Merchant, you should not pay at the pump. You should take your Card to the cashier and indicate either a specific amount of fuel, or the specific dollar value you wish to spend. If you believe your Card has sufficient funds when you attempt to pay at the pump and your Card is declined because of the preauthorization value, then, you should take your Card to the cashier and ask to pay only the value of the pumped fuel. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the Merchant may preauthorize the transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a“hold”on your available funds until the Merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. If we do not receive the final payment amount, the preauthorized amount on hold will remain in place for thirty (30) days. During a hold period, you will not have access to the preauthorized amount. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself (see below for additional information about how to obtain and use a Virtual Account). You may not use your Card number or the Issuer’s routing number and your account number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. Unless we decide, in our sole discretion, to approve a transaction, you may not exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable transaction fees. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold. To purchase or lease goods or services or make payments by telephone or online, without presenting your Card, you may request up to three (3) active Virtual Accounts. Each Virtual Account consists of a 16-digit account number, a 3-digit security code, and an expiration date. Each Virtual Account expires one year from the last day of the calendar month during which the Virtual Account was created. For example, if a Virtual Account is created on February 24, 2011, its expiration date is February 29, 2012. Each time you use your Virtual Account, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. If you make a transaction that creates a negative balance on your Card, you agree that within thirty (30) days of its creation you will add sufficient funds to your Card to cover the negative balance so that your Card has a zero or positive balance, or that you will otherwise immediately pay such an amount to us in full upon demand. If after thirty (30) days you have not added sufficient funds to cover your negative balance, your Card will remain open to receive credits and loads, which will automatically be applied to your negative balance before they are available to you; however, you will not be able to make any transactions using your Card until it has a positive balance, i.e., sufficient funds to cover the negative balance. If you have not reloaded your Card with sufficient funds to cover the negative balance within sixty (60) days of its creation, we will have the right to cancel your Card and pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Card Account(s) you may have with us. In all instances described above, loads to your Card may be made via Direct Deposit or any of the other load methods allowed for this Card. Should you voluntarily discontinue use of the Card, you shall remain responsible for the negative balance on your Card and agree that any credits or loads made to your Card will be used to offset the value of the negative balance, if any. You acknowledge that a negative balance on your Card does not constitute a contractual open end line of credit. If we permit a negative balance on one or more occasions, we do not thereby obligate ourselves to permit a negative balance on any future occasion, and we may refuse to pay a negative balance for you at any time, even though we may have previously paid negative balances for you. We have no obligation to notify you before we approve or decline a transaction that would result in a negative balance on your Card. Items will be approved or declined in the order they are received at the data processor.

Appears in 1 contract

Samples: Cardholder Agreement

AutoNDA by SimpleDocs

Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized payment three (3) 3 business days or more before the transfer transaction is scheduled, and we do not do so, we will be liable for your losses or damages. A preauthorized payment is a future recurring payment with the first in the series of payments having cleared the account at least once prior to the stop payment request. Fees-A $0.75 fee will be charged to your Account for each completed transaction made at an ATM other than CashPoints. A $0.35 fee will be charged to your Account for each denied transaction attempted at an ATM other than CashPoints. In addition to the fees above, when you use an ATM other than CashPoints, the ATM owner or any network used may charge you a fee. You may be charged a fee for a balance inquiry even if you do not complete a monetary transaction. All additional fees are listed in the table below. These fees are subject to change at any time. There is no fee for any transaction performed at a CashPoints Network ATM using your LGFCU HSA Debit Card. Refunds and Merchant Disputes-If you are entitled to a refund for any reason, you agree to accept a credit to your Card instead of a cash refund, if the merchant does not provide cash refunds. You will settle all disputes about purchases you make using your Card with the merchant who honored the Card. We are not responsible for the delivery, quality, safety, legality, or other aspect of goods or services that you purchase from others with the Card. Authorizations and Authorization Holds-When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your Account funds for the amount indicated by the merchant. Some merchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction. If the amount of the authorization request exceeds the available funds in your Account, the transaction may be declined. Until the transaction finally settles or 3 business days have passed, whichever occurs first, the funds subject to the hold will not be available to you for other purposes. As a result, other transactions may be declined, dishonored, or not paid which can result in NSF fees and/or other charges against your Account. We will only charge your Account for the correct amount of the final transaction. However, if the settlement transaction amount does not match the hold amount, it is possible that both of these amounts will affect your available balance until the end of the 3- day hold period. In addition, if you commence a purchase and the merchant obtains an authorization and then you cancel the purchase without completing it, the authorization may result in a temporary hold for that amount of funds for 3 business days. A merchant may Confidentiality-We will disclose information to third parties about your Account or the transactions you make: where it is necessary for completing transactions; in order to verify the existence and condition of your accounts for a third party, such as a credit bureau or merchant; in order to comply with government agency or court orders; if you give us your written permission. Emergency Cash and Emergency Card Replacement Services-Emergency Cash and Emergency Card Replacement Services may be requested from Visa Global Customer Assistance when traveling by calling 1-800-VISA911 in the U.S., or 0-000-000-0000 outside the U.S. The Credit Union may provide Member personal data to Visa, its Members, or their respective contractors for the purpose of providing Emergency Cash and Emergency Card Replacement Services. You consent to the release of this information when you request these services. Documentation-You will be provided a monthly statement for each month in which there were transactions made on your Account. We reserve the right to block or cancel stop periodic statements if your Card Account or Virtual Account if, as is inactive. You can get a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreement. We will incur no liability to receipt at the time you because of the unavailability of the funds that may be associated make a transaction with your Card Account and/or Virtual Accountusing an ATM or point-of-sale terminal. No individual transaction made with your Card can exceed $4,999.99. You A receipt may use your Card to purchase or lease goods or services wherever Visa debit cards or PULSE cards are accepted. Use of your Card is permitted as long as you do not exceed the value available on your Card Account—unless we decide to approve such transactions. Some Merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the Merchant, you must tell the Merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some Merchants may require payment for the remaining balance in cash. If you fail to inform the Merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined. If you use your Card at an automated fuel dispenser (“pay at the pump”), the Merchant may preauthorize the transaction amount for $125.00 or more. To avoid preauthorizations by the Merchant, you should not pay at the pump. You should take your Card to the cashier and indicate either a specific amount of fuel, or the specific dollar value you wish to spend. If you believe your Card has sufficient funds when you attempt to pay at the pump and your Card is declined because of the preauthorization value, then, you should take your Card to the cashier and ask to pay only the value of the pumped fuel. If you use your Card at a restaurant, a hotel, required for a car rental purchase, or for similar purchases, the Merchant may preauthorize the point-of-sale transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a“hold”on your available funds until the Merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. If we do not receive the final payment amount, the preauthorized amount on hold will remain in place for thirty (30) days. During a hold period, you will not have access to the preauthorized amount. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself (see below for additional information about how to obtain and use a Virtual Account). You may not use your Card number or the Issuer’s routing number and your account number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable feesis Our Liability-If we do not complete a transaction 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 to the extent required by federal law. Unless However, we decidewill not be liable, in our sole discretionfor instance: if, to approve a transactionthrough no fault of ours, you may not exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable transaction fees. You do not have enough money in your Account to make the right withdrawal or transaction; if the ATM, bank or merchant where you are trying to stop payment on any purchase obtain cash does not have enough cash; if the ATM, system, or payment POS terminal was not working properly and you knew about the break down when you started the transaction; if circumstances beyond our control (such as fire or flood) prevent or delay the transaction originated from being completed, despite reasonable precautions that we have taken; if you attempt to use a Card that has not been properly activated; if the Card has been reported as lost or stolen, has been suspended by use of your Card. If you authorize us, or we have reason to believe a transaction and then fail was not authorized by you; or if the merchant does not properly transmit transaction information to make a purchase of that item as planned, the approval us. There may result in a holdbe other exceptions provided by applicable law. To purchase or lease goods or services or make payments by telephone or online, without presenting your Card, you may request up to three (3) active Virtual Accounts. Each Virtual Account consists of a 16Foreign Transactions-digit account number, a 3-digit security code, and an expiration date. Each Virtual Account expires one year from the last day of the calendar month during which the Virtual Account was created. For example, if a Virtual Account is created on February 24, 2011, its expiration date is February 29, 2012. Each time you use your Virtual Account, you authorize us to reduce the value available in If your Card Account by the amount of the transaction and any applicable fees. If you make is used in a transaction that creates is submitted to the Visa or Plus Networks in a negative balance on your Cardcurrency other than U.S. dollars, you agree Visa will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that within thirty (30) days of its creation you will add sufficient funds Visa 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 Visa typically uses is either a government- mandated rate or a wholesale rate provided to Visa. The currency conversion rate that Visa uses for a particular transaction is the rate in effect for the applicable currency at the time the transaction is processed. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Card to cover Account, and may be higher than the negative balance so that your Card has a zero or positive balance, or that rate you will otherwise immediately pay such an amount to us in full upon demandcould have gotten if you had converted U.S. dollars into cash. If after thirty (30) days you have not added sufficient funds a transaction initially in a foreign currency is converted to cover your negative balanceU.S. dollars before it is entered into the Visa or Plus networks, your Card will remain open to receive credits the conversion rates and loads, which will automatically be applied to your negative balance before they are available to you; however, you will not be able to make any transactions using your Card until it has a positive balance, i.e., sufficient funds to cover the negative balance. If you have not reloaded your Card with sufficient funds to cover the negative balance within sixty (60) days of its creation, we will have the right to cancel your Card and pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Card Account(s) you may have with us. In all instances described above, loads to your Card may be made via Direct Deposit or any fees of the other load methods allowed company that did the conversion will apply. Visa applies a 0.8% International Transaction fee to single currency transactions where the currency has already been pre-converted into U.S. dollars and a 1% fee for this Cardmulti-currency transactions where both the country codes and currency codes are different. Should you voluntarily discontinue use of the Card, you shall remain responsible for the negative balance on your Card and agree that any credits or loads made to your Card will be used to offset the value of the negative balance, if any. You acknowledge that a negative balance on your Card LGFCU does not constitute a contractual open end line of creditapply any additional conversion fee other than what Visa imposes. If we permit a negative balance on one Termination or more occasionsExpiration-LGFCU may, we do not thereby obligate ourselves to permit a negative balance on any future occasion, and we may refuse to pay a negative balance for you at any time, even though suspend your Card and your ability to use your Card, for any reason allowed by law, such as if we suspect possible fraud or suspicious activity, or for security reasons. We may, at any time and for any reason, terminate the Card and your use of the Card and may request the Card to be surrendered. Your Card will expire on the expiration date on the Card. Upon termination or expiration, we may have previously paid negative balances stop accepting transactions from the Card and we may decline to authorize a transaction with the Card. You remain responsible for any charges on your account even after the Card is terminated or expires. To the extent permitted by law, you agree to pay attorneys' fees and collection costs we incur in collecting amounts you owe us and enforcing our rights under this Agreement. Changes Waiver-We reserve the right to change, delete, or add to this Agreement and to apply any such modification to a Card that has been issued to you. We have no obligation to The Credit Union will notify you before in writing at least 21 days prior to the effective date of the change for any significant change in terms, including increased fees, increased liability, fewer transaction types, and stricter limits on the frequency or dollar amount of transfers. If we approve decide not to enforce our rights or decline charge a transaction that would result fee in one situation, we are not giving up our right to enforce it or to charge the fee in a negative balance on later situation. In the event LGFCU determines that an immediate change is necessary to maintain or restore security of either the automated teller machine system or any account, then we may make the necessary change without advising the member in advance. Choice of Law-This Agreement and all aspects of your Card. Items will be approved or declined in the order they relationship with us with regard to your LGFCU HSA Debit Card are received at the data processor.governed by and

Appears in 1 contract

Samples: Cardholder Agreement

Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized payment three (3) business days 3 businessdays or more before the transfer transacti on is scheduled, and we do not do so, we will be liable for yourlosses or damages. A preauthorizedpayment is a future recurringpayment with the first in the series of payments having cleared the Account at least once prior to the stop payment request. Fees-A $1.00 fee will be charged to your Account for each completed transaction made at an ATM other than CashPoints. A $0.35 fee will be charged to your Account for each denied transaction attempted at an ATM other than CashPoints. In addition to the fees above, when you use an ATM other than CashPoints, the ATM owner or any network used may charge you a fee. You may be charged a fee for a balance inquiry even if you do not complete a monetary transaction. A l l additional fees are listed in the table below. These fees are subject to change at any time. There is no fee for any transaction performed at a CashPoints Network ATM using your GKCU CashPoints Global Card. Refunds and MerchantDisputes-If you are entitled to a refund for any reason, you agree to accept a credit to your Card instead of a cash refund, if the merchant does not provide cash refunds. You will settle all disputes about purchases you make using your Card with the merchant who honored the Card. We are not responsible for the delivery, quality, safety, legality, or other aspect of goods or services that you purchase from others with the Card. Authorizations and Authorization Holds-When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transacti on in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction fi nal l y settles and may place a temporary hold on your Account funds for the amount indicated by the merchant. Somemerchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction (such as an estimated tip). If the amount of the authorization request exceeds the available funds in your Account, the transaction may be declined. Until the transaction finally settles or 3 business days (7 business days for Travel and Entertainment merchants) have passed, whichever occurs first, the funds subject to the hold will not be available to you for other purposes. As a result, other transactions may be declined, dishonored, or not paid which can result in NSF fees and/or other charges against your Account. We will only charge your Account for the correct amount of the final transaction. However, if the settlement transaction amount does not match the hold amount, it is possible that both amounts will affect your available balance until the end of the 3-day hold period (7-day hold period for Travel and Entertainment merchants). In addition, if you commence a purchase and the merchant obtains an authorization and then you cancel the purchase without completing it, the authorization may result in a temporary hold for that amount of funds for 3 business days (7 business days for Travel and Entertainment merchants). A merchant may reverse the pre-authorization at your request and/or extend or modify the amount of the pre-authorization in certain circumstances, such as an extended hotel stay. If an extension or modification is submitted by a merchant, the hold on your Account will be extended or modified. We are not responsible if we do not authorize or pay other transactions drawn on your Account while such a hold is placed on your Account. Confidentiality-We will disclose informationto third parties about your Account or the transactions you make: where it is necessary for completing transactions; in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; in order to comply with government agency or court orders; if you give us your written permission. Emergency Cash and Emergency Card Replacement Services-Emergency Cash and Emergency Card Replacement Services may be requested from Visa Global Customer Assistance when traveling by calling 1-800-VISA911 in the U.S., or 0-000-000-0000 outside the U.S. The Credit Union may provide Member personal data to Visa, its Members, or their respective contractors for the purpose of providingEmergencyCash and Emergency Card Replacement Services. You consent to the release of this informationwhen yourequest these services. Documentation-You will be provided a monthly Account statement for each month in which there were transactions made on the Account. We reserve the r i ght to stop periodic statements if your Account is inactive. You can get a receipt at the time you make a transaction with your Card using an ATM or point-of-sale terminal. A receipt may not be required for a point-of-sale transaction if the amount of the transaction is $50 or less. Our Liability-If we do not complete a transaction to or from your Account on time or in the correct amount per our Agreement with you, we will be liable for your losses or damagesdamages to the extent required by federal law. However, we will not be liable, for instance: if, throughno fault of ours, you do not have enough money in your Account to make the withdrawal or transaction; if the ATM, bank or merchant where you are trying to obtain cash does not have enough cash; if the ATM, system, or POS terminal was not working properly and you knew about the break down when you started the transaction; if circumstances beyond our control (such as fire or flood) prevent or delay the transaction from being completed, despite reasonable precautions that we have taken; if you attempt to use a Card that has not been properly activated; if the Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe a transaction was not authorized by you; or if the merchant does not properlytransmit transactioninformation to us. There may be other exceptions provided by applicable law. Foreign Transactions-If your Card is usedin a transaction that is submitted to the Visa or Plus Networks in a currency other than U.S. dollars, Visa will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that Visa 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 Visa typically uses is either a government-mandated rate or a wholesale rate provided to Visa. The currency conversion rate that Visa uses for a particular transaction is the rate in effect for the applicable currency at the time the transaction is processed. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Account, and may be higher than the rate you could have gotten if you had converted Termination or Expiration-The Credit Union may, at any time, suspend your Card and your ability to use your Card, for any reason allowed by law, such as if we suspect possible fraud or suspicious activity, or for security reasons. We may, at any timeand for any reason, terminate the Card and your use of the Card and may request the Card to be surrendered. Your Card will expire on the last calendar day of the month of expiration stated on the Card. Upon termination or expiration, we may stop accepting transactions from the Card and we may decline to authorize a transaction with the Card. You remain responsible for any charges on your Account even after the Card is terminated or expires. To the extent permitted by law, you agree to pay attorneys' fees and collection cos ts we incur in collecting amountsyou owe us and enforcing ourrights underthis Agreement. Changes Waiver-We reserve the right to block change, delete, or cancel your add to this Agreement and to apply any such modification to a Card Account or Virtual Account if, as a result of our policies and processes we detect what we reasonably believe that has been issued to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreementyou. We The Credit Union will incur no liability notify you in writing at least 21 days prior to you because the effective date of the unavailability of the funds that may be associated with your Card Account and/or Virtual Account. No individual change for any significant change in terms, including increased fees , increased liability, fewer transaction made with your Card can exceed $4,999.99. You may use your Card to purchase or lease goods or services wherever Visa debit cards or PULSE cards are accepted. Use of your Card is permitted as long as you do not exceed the value available on your Card Account—unless we decide to approve such transactions. Some Merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods types, and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the Merchant, you must tell the Merchant to charge only the exact amount of funds available stricter limits on the Card to the Card. You must then arrange to pay the difference using another payment method. Some Merchants may require payment for the remaining balance in cash. If you fail to inform the Merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined. If you use your Card at an automated fuel dispenser (“pay at the pump”), the Merchant may preauthorize the transaction amount for $125.00 frequency or more. To avoid preauthorizations by the Merchant, you should not pay at the pump. You should take your Card to the cashier and indicate either a specific amount of fuel, or the specific dollar value you wish to spend. If you believe your Card has sufficient funds when you attempt to pay at the pump and your Card is declined because of the preauthorization value, then, you should take your Card to the cashier and ask to pay only the value of the pumped fuel. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the Merchant may preauthorize the transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a“hold”on your available funds until the Merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removedamountof transfers. If we do decide not receive to enforce our rights or charge a fee in one situation, we arenot giving up our right to enforce it or to charge the final payment amountfee in a later situation. In the event the Credit Union determines that an immediate change is necessary to maintain or restore security of either the automated teller machine system or any account, then we may make the necessary change without advising the member in advance. Choice of Law-This Agreement and all aspects of your relationship with us with regard to your GKCU CashPoints Global Card are governed by and defi xxx in accordance withfederal law and, to the extent that state law applies, the preauthorized amount on hold will remain in place for thirty (30) days. During a hold period, you will not have access to the preauthorized amount. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself (see below for additional information about how to obtain and use a Virtual Account). You may not use your Card number or the Issuer’s routing number and your account number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount laws of the transaction and any applicable fees. Unless we decide, in our sole discretion, to approve a transaction, you may not exceed the available amount in your Card Account through an individual transaction or a series State of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable transaction fees. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold. To purchase or lease goods or services or make payments by telephone or online, without presenting your Card, you may request up to three (3) active Virtual Accounts. Each Virtual Account consists of a 16-digit account number, a 3-digit security code, and an expiration date. Each Virtual Account expires one year from the last day of the calendar month during which the Virtual Account was created. For example, if a Virtual Account is created on February 24, 2011, its expiration date is February 29, 2012. Each time you use your Virtual Account, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. If you make a transaction that creates a negative balance on your Card, you agree that within thirty (30) days of its creation you will add sufficient funds to your Card to cover the negative balance so that your Card has a zero or positive balance, or that you will otherwise immediately pay such an amount to us in full upon demand. If after thirty (30) days you have not added sufficient funds to cover your negative balance, your Card will remain open to receive credits and loads, which will automatically be applied to your negative balance before they are available to you; however, you will not be able to make any transactions using your Card until it has a positive balance, i.e., sufficient funds to cover the negative balance. If you have not reloaded your Card with sufficient funds to cover the negative balance within sixty (60) days of its creation, we will have the right to cancel your Card and pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Card Account(s) you may have with us. In all instances described above, loads to your Card may be made via Direct Deposit or any of the other load methods allowed for this Card. Should you voluntarily discontinue use of the Card, you shall remain responsible for the negative balance on your Card and agree that any credits or loads made to your Card will be used to offset the value of the negative balance, if any. You acknowledge that a negative balance on your Card does not constitute a contractual open end line of credit. If we permit a negative balance on one or more occasions, we do not thereby obligate ourselves to permit a negative balance on any future occasion, and we may refuse to pay a negative balance for you at any time, even though we may have previously paid negative balances for you. We have no obligation to notify you before we approve or decline a transaction that would result in a negative balance on your Card. Items will be approved or declined in the order they are received at the data processorNorth Carolina.

Appears in 1 contract

Samples: Cardholder Agreement

Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized payment three (3) 3 business days or more before the transfer transaction is scheduled, and we do not do so, we will be liable for your losses or damages. A preauthorized payment is a future recurring payment with the first in the series of payments having cleared the account at least once prior to the stop payment request. Fees-A $0.75 fee will be charged to your Account for each completed transaction made at an ATM other than CashPoints. A $0.35 fee will be charged to your Account for each denied transaction attempted at an ATM other than CashPoints. In addition to the fees above, when you use an ATM other than CashPoints, the ATM owner or any network used may charge you a fee. You may be charged a fee for a balance inquiry even if you do not complete a monetary transaction. All additional fees are listed in the table below. These fees are subject to change at any time. There is no fee for any transaction performed at a CashPoints Network ATM using your LGFCU CashPoints Global Card. Refunds and Merchant Disputes-If you are entitled to a refund for any reason, you agree to accept a credit to your Card instead of a cash refund, if the merchant does not provide cash refunds. You will settle all disputes about purchases you make using your Card with the merchant who honored the Card. We are not responsible for the delivery, quality, safety, legality, or other aspect of goods or services that you purchase from others with the Card. Authorizations and Authorization Holds-When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your Account funds for the amount indicated by the merchant. Some merchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction (such as an estimated tip). If the amount of the authorization request exceeds the available funds in your Account, the transaction may be declined. Until the transaction finally settles or 3 business days have passed, whichever occurs first, the funds subject to the hold will not be available to you for other purposes. We will only charge your Account for the correct amount of the final transaction. However, if the settlement transaction amount does not match the hold amount, it is possible that both of these amounts will affect your available balance until the end of the 3-day hold period. In addition, if you commence a purchase and the merchant obtains an authorization and then you cancel the purchase without completing it, the authorization may result in a temporary hold for that amount of funds for 3 business days. A merchant may reverse the pre-authorization at your request and/or extend or modify the amount of the pre-authorization in certain circumstances, such as an extended hotel stay. If an extension or modification is submitted by a merchant, the hold on your Account will be extended or modified. We are not responsible if we do not authorize or pay other transactions while authorization holds are placed on your Account. Confidentiality-We will disclose information to third parties about your Account or the transactions you make: where it is necessary for completing transactions; in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; in order to comply with government agency or court orders; if you give us your written permission. Emergency Cash and Emergency Card Replacement Services-Emergency Cash and Emergency Card Replacement Services may be requested from Visa Global Customer Assistance when traveling by calling 1-800-VISA911 in the U.S., or 0-000-000-0000 outside the U.S. The Credit Union may provide Member personal data to Visa, its Members, or their respective contractors for the purpose of providing Emergency Cash and Emergency Card Replacement Services. You consent to the release of this information when you request these services. Documentation-You will be provided a monthly statement for each month in which there were transactions made on the Account. We reserve the right to block or cancel stop periodic statements if your Card Account or Virtual Account if, as is inactive. You can get a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreement. We will incur no liability to receipt at the time you because of the unavailability of the funds that may be associated make a transaction with your Card Account and/or Virtual Accountusing an ATM or point-of-sale terminal. No individual transaction made with your Card can exceed $4,999.99. You A receipt may use your Card to purchase or lease goods or services wherever Visa debit cards or PULSE cards are accepted. Use of your Card is permitted as long as you do not exceed the value available on your Card Account—unless we decide to approve such transactions. Some Merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the Merchant, you must tell the Merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some Merchants may require payment for the remaining balance in cash. If you fail to inform the Merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined. If you use your Card at an automated fuel dispenser (“pay at the pump”), the Merchant may preauthorize the transaction amount for $125.00 or more. To avoid preauthorizations by the Merchant, you should not pay at the pump. You should take your Card to the cashier and indicate either a specific amount of fuel, or the specific dollar value you wish to spend. If you believe your Card has sufficient funds when you attempt to pay at the pump and your Card is declined because of the preauthorization value, then, you should take your Card to the cashier and ask to pay only the value of the pumped fuel. If you use your Card at a restaurant, a hotel, required for a car rental purchase, or for similar purchases, the Merchant may preauthorize the point-of-sale transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a“hold”on your available funds until the Merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. If we do not receive the final payment amount, the preauthorized amount on hold will remain in place for thirty (30) days. During a hold period, you will not have access to the preauthorized amount. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself (see below for additional information about how to obtain and use a Virtual Account). You may not use your Card number or the Issuer’s routing number and your account number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable feesis $50 or less. Unless Our Liability-If we decidedo not complete a transaction to or from your Account on time or in the correct amount according to our Agreement with you, in our sole discretionwe will be liable for your losses or damages to the extent required by federal law. However, to approve a transactionwe will not be liable, for instance: if, through no fault of ours, you may not exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable transaction fees. You do not have enough money in your Account to make the right withdrawal or transaction; if the ATM, bank or merchant where you are trying to stop payment on any purchase obtain cash does not have enough cash; if the ATM, system, or payment POS terminal was not working properly and you knew about the break down when you started the transaction; if circumstances beyond our control (such as fire or flood) prevent or delay the transaction originated from being completed, despite reasonable precautions that we have taken; if you attempt to use a Card that has not been properly activated; if the Card has been reported as lost or stolen, has been suspended by use of your Card. If you authorize us, or we have reason to believe a transaction and then fail was not authorized by you; or if the merchant does not properly transmit transaction information to make a purchase of that item as planned, the approval us. There may result be other exceptions provided by applicable law. Foreign Transactions-If your LGFCU CashPoints Global Card is used in a hold. To purchase or lease goods or services or make payments by telephone or online, without presenting your Card, you may request up to three (3) active Virtual Accounts. Each Virtual Account consists of a 16-digit account number, a 3-digit security code, and an expiration date. Each Virtual Account expires one year from the last day of the calendar month during which the Virtual Account was created. For example, if a Virtual Account is created on February 24, 2011, its expiration date is February 29, 2012. Each time you use your Virtual Account, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. If you make a transaction that creates is submitted to the Visa or Plus Networks in a negative balance on your Cardcurrency other than U.S. dollars, you agree Visa will convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency conversion procedure that within thirty (30) days of its creation you will add sufficient funds Visa 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 Visa typically uses is either a government-mandated rate or a wholesale rate provided to Visa. The currency conversion rate that Visa uses for a particular transaction is the rate in effect for the applicable currency at the time the transaction is processed. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Card to cover Account, and may be higher than the negative balance so that your Card has a zero or positive balance, or that rate you will otherwise immediately pay such an amount to us in full upon demandcould have gotten if you had converted U.S. dollars into cash. If after thirty (30) days you have not added sufficient funds a transaction initially in a foreign currency is converted to cover your negative balanceU.S. dollars before it is entered into the Visa or Plus networks, your Card will remain open to receive credits the conversion rates and loads, which will automatically be applied to your negative balance before they are available to you; however, you will not be able to make any transactions using your Card until it has a positive balance, i.e., sufficient funds to cover the negative balance. If you have not reloaded your Card with sufficient funds to cover the negative balance within sixty (60) days of its creation, we will have the right to cancel your Card and pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Card Account(s) you may have with us. In all instances described above, loads to your Card may be made via Direct Deposit or any fees of the other load methods allowed company that did the conversion will apply. Visa applies a 0.8% International Transaction fee to single currency transactions where the currency has already been pre-converted into U.S. dollars and a 1% fee for this Cardmulti-currency transactions where both the country codes and currency codes are different. Should you voluntarily discontinue use of the Card, you shall remain responsible for the negative balance on your Card and agree that any credits or loads made to your Card will be used to offset the value of the negative balance, if any. You acknowledge that a negative balance on your Card LGFCU does not constitute a contractual open end line of creditapply any additional conversion fee other than what Visa imposes. If we permit a negative balance on one Termination or more occasionsExpiration-The Credit Union may, we do not thereby obligate ourselves to permit a negative balance on any future occasion, and we may refuse to pay a negative balance for you at any time, even though suspend your Card and your ability to use your Card, for any reason allowed by law, such as if we suspect possible fraud or suspicious activity, or for security reasons. We may, at any time and for any reason, terminate the Card and your use of the Card and may request the Card to be surrendered. Your Card will expire on the expiration date on the Card. Upon termination or expiration, we may have previously paid negative balances stop accepting transactions from the Card and we may decline to authorize a transaction with the Card. You remain responsible for any charges on your account even after the Card is terminated or expires. To the extent permitted by law, you agree to pay attorneys' fees and collection costs we incur in collecting amounts you owe us and enforcing our rights under this Agreement. Changes Waiver-We reserve the right to change, delete, or add to this Agreement and to apply any such modification to a Card that has been issued to you. We have no obligation to The Credit Union will notify you before in writing at least 21 days prior to the effective date of the change for any significant change in terms, including increased fees, increased liability, fewer transaction types, and stricter limits on the frequency or dollar amount of transfers. If we approve decide not to enforce our rights or decline charge a transaction that would result fee in one situation, we are not giving up our right to enforce it or to charge the fee in a negative balance on later situation. In the event the Credit Union determines that an immediate change is necessary to maintain or restore security of either the automated teller machine system or any account, then we may make the necessary change without advising the member in advance. Choice of Law-This Agreement and all aspects of your Card. Items will be approved or declined relationship with us with regard to your LGFCU CashPoints Global Card are governed by and defined in accordance with federal law and, to the order they are received at extent that state law applies, the data processorlaws of the State of North Carolina.

Appears in 1 contract

Samples: Cardholder Agreement

AutoNDA by SimpleDocs

Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop a preauthorized payment three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. We reserve the right to block or cancel your Card Account or Virtual Account if, as a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity that is inconsistent with this Agreement. .We will incur no liability to you because of the unavailability of the funds that may be associated with your Card Account and/or Virtual Account. No individual transaction made with your Card can exceed $4,999.99. You may use your Card to purchase or lease goods or services wherever Visa debit cards or PULSE cards are accepted. Use of your Card is permitted as long as you do not exceed the value available on your Card Account—unless we decide to approve such transactions. Some Merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the Merchant, you must tell the Merchant to charge only the exact amount of funds available on the Card to the Card. You Xxxx.Xxx must then arrange to pay the difference using another payment method. Some Merchants may require payment for the remaining balance in cash. If you fail to inform the Merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined. If you use your Card at an automated fuel dispenser (“pay at the pump”), the Merchant may preauthorize the transaction amount for $125.00 or more. To xxxx.Xx avoid preauthorizations by the Merchant, you should not pay at the pump. You should take your Card to the cashier and indicate either a specific amount of fuel, or the specific dollar value you wish to spend. If you believe your Card has sufficient funds when you attempt to pay at the pump and your Card is declined because of the preauthorization value, then, you should take your Card to the cashier and ask to pay only the value of the pumped fuel. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the Merchant may preauthorize the transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a“hold”on your available funds until the Merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. If we do not receive the final payment amount, the preauthorized amount on hold will remain in place for thirty (30) days. During a hold period, you will not have access to the preauthorized amount. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself (see below for additional information about how to obtain and use a Virtual Account). You may not use your Card number or the Issuer’s routing number and your account number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized. For security reasons, we may limit the amount or number of transactions you can make on your Card. .Your Card cannot be redeemed for cash. You xxxx.Xxx may not use your Card for online gambling or any illegal transaction. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. Unless we decide, in our sole discretion, to approve a transaction, you may not exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable transaction fees. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold. To purchase or lease goods or services or make payments by telephone or online, without presenting your Card, you may request up to three (3) active Virtual Accounts. Each Virtual Account consists of a 16-digit account number, a 3-digit security code, and an expiration date. Each Virtual Account expires one year from the last day of the calendar month during which the Virtual Account was created. For example, if a Virtual Account is created on February 24, 2011, its expiration date is February 29, 2012. Each time you use your Virtual Account, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. If you make a transaction that creates a negative balance on your Card, you agree that within thirty (30) days of its creation you will add sufficient funds to your Card to cover the negative balance so that your Card has a zero or positive balance, or that you will otherwise immediately pay such an amount to us in full upon demand. If after thirty (30) days you have not added sufficient funds to cover your negative balance, your Card will remain open to receive credits and loads, which will automatically be applied to your negative balance before they are available to you; however, you will not be able to make any transactions using your Card until it has a positive balance, i.e., sufficient funds to cover the negative balance. If you have not reloaded your Card with sufficient funds to cover the negative balance within sixty (60) days of its creation, we will have the right to cancel your Card and pursue collection, including the right to collect funds, equal to or less than the negative balance, from any other Card Account(s) you may have with us. In all instances described above, loads to your Card may be made via Direct Deposit or any of the other load methods allowed for this Card. Should you voluntarily discontinue use of the Card, you shall remain responsible for the negative balance on your Card and agree that any credits or loads made to your Card will be used to offset the value of the negative balance, if any. You acknowledge that a negative balance on your Card does not constitute a contractual open end line of credit. If we permit a negative balance on one or more occasions, we do not thereby obligate ourselves to permit a negative balance on any future occasion, and we may refuse to pay a negative balance for you at any time, even though we may have previously paid negative balances for you. .We have no obligation to notify you before we approve or decline a transaction that would result in a negative balance on your Card. Items will be approved or declined in the order they are received at the data processor.

Appears in 1 contract

Samples: Cardholder Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!