Charge Card Terms of Use
Last Updated: October 22, 2024
Version: 1.1
Important: These Card Terms of Use (as amended from time to time, the “Terms”) contain an Arbitration Provision. Please refer to the “Arbitration and Waivers” section of these Terms. Be sure that you read the Arbitration Provision carefully and understand that the Arbitration Provision may significantly limit your rights if there is a dispute between you and us, including your right to bring or participate in a class action.
1. Card Account Terms
1.1 Introduction
These Terms are a legal agreement between you and Topkey, Inc. (the “Company”) and contain the terms of the Platform Account and associated Cards, as defined below. Whenever you see the words “you,” “your,” or “yours,” it refers to you, the owner of the Platform Account. When you see the words “we”, “us”, or “ours,” it refers to the Company, the entity that provides you with a Platform Account and facilitates your use of the associated Cards and your access to the Company’s charge card line of credit. These Terms are further subject to the terms and conditions in the Topkey Terms of Service which are a condition to, and govern your use of, any of the services provided by the Company. However, to the extent there is a conflict between the Topkey Terms of Service and these Terms, the provisions of these Terms will govern.
We reserve the right to amend these Terms or impose additional obligations or restrictions on you at any time. We will use commercially reasonable efforts to notify you in advance of any changes that impose material obligations on you. Notwithstanding the foregoing, by continuing to use the Platform Account, you agree to be bound by such amendments or additional obligations or restrictions. The date on the top of this page shows when these Terms were last updated.
In addition to the capitalized words and phrases defined elsewhere in these Terms, the following terms have the respective meanings given to them below:
- “Platform Account” means your account with us to which all activity associated with the Cards is recorded.
- “Authorized User” means a person that has been authorized by you to receive and use a Card to initiate Transactions on your behalf that will be associated with the Platform Account.
- “Authorized User Terms” means the Terms and Conditions governing the use of Cards by your Authorized Users.
- “Card” means each card issued by the Issuer that is linked to the Platform Account.
- “Governing Documents” means these Terms, the Authorized User Terms of Use, and any other terms provided by us, from time to time, related to the Cards and the Platform Account.
- “Issuer” means the bank that issued the Card, and its agents, successors and assigns.
- “Portal” means the dashboard or any other access point, including a mobile application, through which you can apply for a Platform Account and obtain information related to the Platform Account and the Cards.
- “Transaction” means a transaction initiated by using a Card, such as to purchase or services or engage in any other permissible transaction under these Terms.
1.2 Eligibility and Applying for a Charge Card Platform Account
To be eligible to apply for a Platform Account, you must be a bona fide business organized in the United States and must not be engaged in the following business activities: (1) adult entertainment; (2) cannabis; (3) cryptocurrency; (4) gaming or online gambling; or (5) any other activities that we deem, in our or the Issuer’s respective discretion to be incompatible with the charge card program. In addition, the individual person completing an application must be at least 18 years of age and have the legal capacity and authorization to enter into these Terms on your behalf. We may also determine your eligibility for a Platform Account or for the issuance of Cards using additional criteria as permitted by law, at our sole discretion.
You may submit an application through the Portal by following the instructions provided within the Portal. You represent and warrant that you will provide true and accurate information in your application, and that you will be responsible for any information submitted by the person completing the application on your behalf. Any information you provide to us in connection with an application will be subject to our Privacy Policy.
In addition, to help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information identifying each business that opens a Platform Account. This means that before a Platform Account is established for you, we or the Issuer may require you to provide certain information and documents to verify your business and your beneficial owners. This may include documents such as corporate registrations or filings, proof of address, Social Security or Tax Identification Numbers, government-issued identification, and other documents or information.
By applying for a Platform Account, you agree to provide us with any such information or documents requested by us or the Issuer from time to time. You also expressly authorize us to obtain one or more commercial or consumer credit reports concerning your business and its owners. As noted above, any information you provide to us in connection with an application will be subject to our Privacy Policy.
You agree that we may: (1) rely on the accuracy of all the information you provide to us when opening, maintaining and using your Platform Account; (2) approve or deny your application(s) or grant you provisional access to the Platform Account; (3) deny, interrupt, suspend, or terminate your access to your Permitted Account as permitted by law, with or without prior notice to you, including where required information is incomplete, inaccurate or out of date. You represent and warrant that you will keep all information you have provided to us current, complete and accurate.
If you are approved for the Platform Account, you will be permitted to use the Platform Account, and your Authorized Users may use the Cards, subject to the terms of, and your full compliance with, the terms of the Governing Documents.
1.3 Consent to Doing Business Electronically; Communications
You agree that your submission of an application and electronic consent to these Terms constitutes a valid electronic signature and your consent to conduct business with us electronically. This means that you agree that any electronic signature you provide will have the same legal effect as a physical signature and consent to us providing all notices, communications and documents to you in electronic form. If you decline or revoke your consent to conduct business with us electronically, we may close or suspend your Platform Account and any associated Cards.
You understand and agree that, as provided in the Topkey Terms of Service, we may communicate with you or any of your designated users, agents, or representatives by email, telephone, text message, regular mail, or through any other contact method or information you may provide to us. By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number.
This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider. You understand that you need not provide this consent as a condition of obtaining goods or services from us, and that you may decline to provide or revoke your consent at any time by emailing us at support@topkey.io or by any other method that reasonably ensures we receive your revocation.
By providing us with a telephone number, you agree that we may record any telephone conversation with you (or any other individual) during any telephone call to or from that number for training purposes, whether or not the call was initiated by you, and whether we disclosed the fact that the call was recorded during the call.
1.4 Credit and Transaction Limits
From time to time, we or the Issuer may, in each such person’s sole discretion, establish and modify credit limits applicable to the Platform Account, any Card, or any Transactions. We will communicate credit limits to you through the Portal or other documentation. You are responsible for any Transactions that exceed any credit limits and agree to promptly take any actions necessary to comply with any credit limits at all times. Any limits we or the Issuer may establish are at our and the Issuer’s complete discretion; we may decline or permit Transactions below or exceeding such limits at our discretion. Your available credit will be your established credit limit less all accrued and unpaid balances on your Card.
1.5 Prohibited Transactions
The Cards and the Platform Account cannot be used for:
- Transactions for personal, family or household purposes.
- Transactions that violate any federal, state or local law or regulation.
- Transactions related to any business involving adult entertainment, cannabis, cryptocurrency, gaming, or online gambling.
- Transactions with any individual or entity who is blocked or sanctioned by the United States, including those identified by the United States Office of Foreign Asset Controls (OFAC).
- Transactions for withdrawal of cash, purchase of cash-like items (e.g., gift cards), or cash advances.
- Any other types of prohibited Transactions about which we have notified you from time to time.
1.6 Payments and Monthly Statements; Credit Reporting; Collections
Your Transactions will accrue over a monthly period beginning on the date you enter into this agreement and ending on the first of the following month. Subsequent to the first month after you enter into this agreement, your Transactions will accrue on the first of each month and end on the first of the following month. By way of example, if you enter into this agreement on September 15th, your first billing cycle will end on October 1st. Your next billing cycle will start on October 1st and end on November 1st.
We will provide a monthly statement for all of the activity on your Platform Account for each monthly billing cycle (each, a “Monthly Statement”). You are responsible for paying to us the full balance of each Monthly Statement, including any pending chargebacks, by the date indicated on your Monthly Statement (subject to any cut-off times for payment that we establish from time to time), which will generally be the last date of the month after the month of your billing cycle. By way of the example above, for the billing cycle starting September 15th and ending October 1st, you will be responsible for paying your full balance for that cycle on October 31st. Similarly, for the billing cycle starting October 1st and ending November 1st, you will be responsible for paying the full balance for that cycle on November 31st. Your due date will also be indicated on the Monthly Statement, Payments may be made by any electronic payment method that we accept and that you have authorized.
If you have exceeded your credit limit before your repayment date, we reserve the right to ask for payment in full of your balance before you may use Card for any further transactions.
Whenever a date corresponding to the start or end of a monthly billing cycle or due date falls on day of the month that does not occur in every calendar month (e.g. the 29th, the 30th, or 31st), the applicable date will be the last day of the calendar month on which the date would have fallen in a thirty-one day month (for illustration, if a due date would fall on the 31st, but the calendar month has only thirty days, the due date for that month will be on the 30th).
Your payment history and performance may be reported to one or more third-party data providers, including credit bureaus.
You are responsible for all costs or expenses that are owed, whether to us or a third party, to collect late payments, including legal or collections fees.
1.7 Adding Authorized Users and Requesting Cards
You may establish Authorized Users who can conduct Transactions on your behalf using the Cards. By establishing Authorized Users, you acknowledge and agree that we will consider all Transactions engaged in by your Authorized Users as authorized by you and that you will be responsible for all such Transactions. You also agree that establishing an Authorized User through the Portal will constitute a request to issue the Authorized User a Card and your authorization to issue renewal or replacement Cards to the Authorized User when the Authorized User’s current card nears its expiration. You may also request and manage Cards issued in connection with your Platform Account through the Portal.
The issuance of cards is subject to the discretion of the Issuer, and Card designs are subject to Issuer approval. The Cards must be activated prior to use by following the instructions that we provide to you, or are that provided with the Cards.
1.8 Disputes and Chargebacks
If you have a dispute regarding a charge on your Monthly Statement, first contact the applicable merchant. If the merchant is unable to fully resolve the dispute, you may initiate a chargeback by contacting us at support@topkey.io (or another method, such as through the Portal, that we may implement at a future date) no later than 60 days following the date of the first Monthly Statement containing the applicable charge. You agree to cooperate with, and provide any information to, us, Issuer, and Issuer’s agent related to the investigation of a disputed charge. If you have any other complaint or issue regarding the Platform Account or the Cards, contact us through the Portal.
1.9 Fees
There are no fees, interest or charges for your use of the Platform Account and the Cards. We reserve the right to implement fees, interest, or charges at a future date, and if we do, we will notify you. Please monitor the Portal and other means by which we contact you for any changes to our fees.
1.10 Responsibility to Safeguard the Platform Account and Cards and Notify Us of Loss or Theft.
You and your Authorized Users must use reasonable care to safeguard access to the Platform Account and the Cards. This means, but is in no way limited to, ensuring that you and your Authorized Users keep your Platform Account information, monthly statements, Cards and Card numbers, Portal login credentials, and any computer, mobile device and network used to access the Portal secure at all times.
1.11 Reporting Unauthorized Liability for Unauthorized Transactions
You are responsible for promptly reviewing your monthly statements for errors or unauthorized activity. If you suspect that a Transaction is unauthorized or erroneous, or that a Card or your login credentials for the Portal have been lost, stolen or compromised, you must promptly notify us by emailing us at support@topkey.io.
Your liability for unauthorized Transactions that occurs prior to us receiving your notice will not exceed fifty dollars ($50). You will not be liable for unauthorized Transactions that occur after we receive your notice.
All Transactions authorized by your Authorized Users or by any person to whom you have given access to a Card or your Platform Account will not constitute unauthorized Transactions, even if such Authorized Users or persons exceeded the authority you have given them or failed to comply with your own policies concerning use of the Platform Account or Cards. In addition, you agree that you will provide us and any law enforcement authority reasonable assistance with any investigation or prosecution with respect to unauthorized Transactions.
1.12 Default
We may consider your Platform Account to be in default if you:
- Fail to pay any amounts owed when due;
- Breach any provision of the Governing Documents;
- File for dissolution or bankruptcy;
- Establish a Platform Account or request a Card using false or inaccurate information;
- Engage in illegal activity or Transactions or otherwise violate any applicable law or regulation; or
- If we or the Issuer determines at any time that you pose an unacceptable risk to us or the Issuer.
If your Platform Account is deemed to be in default, we or the Issuer may reduce your credit limits, decline to issue you new Cards, close or suspend your Platform Account, and/or deem all amounts outstanding immediately due and payable.
1.13 California Businesses
If your business is organized or located in the state of California, we will have no recourse against you for your payment obligations to us with respect to Transactions notwithstanding any other terms or provisions of the Governing Documents. However, we will have recourse against you with respect to all other obligations you have under the Governing Documents, and nothing in this section shall be construed as waiving any right or remedy we may have arising from fraud, intentional misrepresentation, or willful misconduct or gross negligence by you, your Authorized Users, or any of your employees or agents.
1.14 Additional Terms
1.14.1 Business Purpose
The Platform Account and all Cards may only be used for bona fide expenses related to your business (and not personal, family, or household purposes).
1.14.2 KYC; Authorized User Information
You agree to obtain and provide information concerning you and your prospective or current Authorized Users that Issuer or (or Issuer’s agent) may request from time to time, including for purposes of complying with “Know Your Customer” and other applicable laws that may prohibit or limit the use of the Platform Account and the Cards, such as a person’s or entity’s inclusion on the Office of Foreign Assets Control list.
1.14.3 Reservation of Rights
Issuer or its agent may decline, reverse, require further authorization for, place a hold on, or take any other lawful action regarding any Transaction, the Cards and the Platform Account, in its sole discretion, for any reason, including due to a breach of the Governing Documents, your creditworthiness, and suspected or actual fraud. We may, or may be required by Issuer or its agent to, suspend or terminate the Platform Account or any Cards at any time and for any reason.
1.14.4 Liability for Card Users
You are solely responsible for all acts and omissions of you, the Authorized Users, or any other person as it relates to any such person’s use of the Cards and the Platform Account, including compliance with applicable law.
1.14.5 Property Rights
Each Card is the property of the Issuer and must be returned to the Issuer upon request. The Cards and related documentation used or provided in connection with the Platform Account and the Cards that is not owned by us is owned by the Issuer and other third parties, as applicable, including any trademarks displayed on the Cards, and is subject to any conditions on their use imposed by the Issuer and other third parties. No Governing Documents (including these Terms) assign or convey any interest in the intellectual property of us, the Issuer or any third party, except for the limited right to use the Platform Account and the Cards subject to the terms of the Governing Documents.
1.14.6 Information Sharing
You license and authorize us to share your information, including the account activity associated with the Cards and the Platform Account, with us, the Issuer, the Issuer’s agent, and, to the extent necessary to provide the Platform Account and the Cards, other third parties. Our collection, use and sharing of information in connection with this program is governed by our Privacy Policy, located at [CLIENT PRIVACY POLICY URL].
1.14.7 Relationship of the Parties
These Terms are made solely as between you and us and do not establish a contractual or any other legal relationship between or among you, the Issuer (or any of its agents), or any other third-party service provider.
2. Additional Legal Terms
2.1 Disclaimers of Warranties
WE (ON BEHALF OF US, THE BANK, THE BANK’S AGENTS, AND ALL OF THEIR SERVICE PROVIDERS) SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS HEREBY EXCLUDED. THE PLATFORM ACCOUNT, THE CARDS, AND SERVICES RELATED TO THE PLATFORM ACCOUNT AND THE CARDS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESSED, IMPLIED OR STATUTORY. THIS DISCLAIMER OF WARRANTY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION.
2.2 Limitations of Liability
To the fullest extent permitted by law, we are not liable to you for any consequential, indirect, special, punitive, putative, or exemplary damages, lost profits or lost revenues, whether or not advised of the possibility of such damages, and regardless of the legal theory on which the claim for damages is based. In no event will our aggregate liability to your for any loss, damage, or claim related to or arising out of your use of the Cards, the Platform Account, or any of the services we provide to you exceed the amount of fees paid by you for the preceding three months or USD $10,000 if you haven’t paid any fees.
2.3 Indemnification
You agree to indemnify, defend, and hold harmless us and our employees, directors, and other representatives against any and all third party proceedings, claims, demands, causes of action, damages, fines (including those imposed by payment systems, networks, or regulators or other governmental authorities), reasonable expenses (including reasonable attorneys’ fees and other legal expenses), liabilities, or any other losses arising out of or related to the establishment, use, and maintenance of the Cards and the Platform Account, including any act or omission by you or any Authorized User and any breach of the Governing Documents by you or any Authorized User.
2.4 General Representations, Warranties, and Covenants
You represent, warrant, and covenant that (a) you are is duly organized and is validly existing and in good standing under the laws of its state of organization, is duly qualified to do business or conduct its affairs in each jurisdiction where it does business or conducts its affairs, and has the full power and authority to carry on its business or affairs as presently conducted; (b) you have full power, capacity, and authority to enter into and perform all obligations under these Terms; (c) entering into and performing all obligations under these Terms is not inconsistent with any of your governing documents, and does not and will not contravene any provision of or constitute a default under any contract or other instrument binding your company; (d) all information that you have provided and will provide at any time in the future to us is and will be accurate, and upon request, an appropriate officer of your company will certify the accuracy of all such information regarding your company; and (e) you will deliver in a form acceptable to us any legal documents, financial statements, or other information we may require in connection with the Platform Account and the Cards. You agree to notify us promptly of any significant change in your business or affairs that has or may have a material adverse effect on your ability to perform your obligations under these Terms.
2.5 Arbitration and Waivers
Be sure that you read this provision carefully and understand that this provision may significantly limit your rights if there is a dispute between you and us, including your right to bring or participate in a class action.
2.5.1 Election to Arbitrate
You and we agree that the sole and exclusive forum and remedy for resolution of a Claim is final and binding arbitration pursuant to this Section 2.5 (the “Arbitration Provision”). As used in this Arbitration Provision, “Claim” includes any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of these Terms, or the activities or relationships that involve, lead to, or result from these Terms, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
2.5.2 Applicability of the Federal Arbitration Act and Arbitrator’s Powers
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and is governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator must take steps to reasonably protect confidential information.
2.5.3 Informal Dispute Resolution
If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by email and provide us with the opportunity to resolve your concern prior to initiating arbitration.
2.5.4 Arbitration Procedures
The party initiating arbitration must do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration will be conducted according to, and the location of the arbitration determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision controls, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
2.5.5 Arbitration Fees
If we initiate arbitration, we will pay all the administrator's filing costs and administrative fees (other than hearing fees). If you initiate arbitration, filing costs and administrative fees (other than hearing fees) will be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We will pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party bears the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, this Arbitration provision does not prevent these statutory rights from applying in the arbitration.
2.5.6 Appeals
Within thirty (30) days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within thirty (30) days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal are governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, are final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
2.5.7 No Class Actions
No Arbitration May Proceed on a Class, Representative, or Collective Basis (Including as Private Attorney General on Behalf of Others), Even if the Claim or Claims Subject to Arbitration Had Previously Been Asserted (or Could Have Been Asserted) in a Court as Class Representative, or Collective Actions in a Court.
Unless all parties in the arbitration consent in writing, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless all parties to the arbitration consent in writing , an award in arbitration determines the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and do not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator has the power or authority to waive, modify, or fail to enforce this Section 2.5, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, is invalid and unenforceable. A court, not the administrator or any arbitrator, will determine the validity of any challenge to this Section 2.5.
2.5.8 Survival and Severability of Arbitration Provision
This Arbitration Provision survives the termination of these Terms. If any portion of this Arbitration Provision other than Section 2.5 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision will remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 2.5 are finally adjudicated pursuant to the last sentence of Section 2.5 to be unenforceable, then no arbitration will proceed. No invalidation authorizes an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
2.5.9 Judicial Forum for Claims
Except as otherwise required by applicable law, if this Arbitration Provision is found not to apply to you or your Claim, you and we agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Virginia. Both you and us consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
2.5.10 Waiver of Right to Litigate
The parties acknowledge that they have a right to litigate claims through a court before a judge or jury and knowingly and voluntarily waive that right by agreeing to these Terms and Arbitration Provision.
2.6 Governing Law
These Terms will be interpreted in accordance with the laws of the State of Delaware without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Provision above must be brought in state or federal court in Delaware, unless we both agree to some other location, and you hereby consent to the venue and personal jurisdiction of such court.
2. 7 Miscellaneous.
Any notice you send to us is effective after we receive it and have a reasonable opportunity to act on such notice, and any notice we send to you electronically is effective upon us sending the notice, and any other notice that we send to you is effective upon your receipt of the notice. Except as set forth in the Arbitration Provision, if any part of these Terms is found to be invalid, the rest of these Terms will remain in effect. Any waiver provided to you, of any kind or at any time, only applies to the specific instance involved, and is not a general waiver under these Terms for any other or future acts, events, or conditions. Any delay by us does not forfeit any rights under these Terms. You may not transfer, sell, or assign the Platform Account, any Cards, or these Terms, or any rights or obligations under these Terms or associated with the Platform Account or the Cards, to another person or entity. As used herein, the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation,” the word “or” is not exclusive, and the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. Words defined in the singular include the plural, and vice versa. These Terms, including incorporated terms, comprises the entire understanding of the parties with respect to the subject matter described and supersedes all other proposals or previous understandings, written or oral, between the parties.
Visa Protection Benefits Disclosure
Your Guide to Benefit describes the benefit in effect as of 10/22/2024. Benefit information in this guide replaces any prior benefit information You may have received. Please read and retain for Your records. Your eligibility is determined by Your financial institution.
Visa Business Card
Travel and Emergency Assistance Services
Emergencies can escalate quickly when You are traveling away from home. Something that is relatively straight forward when You are not traveling, like replacing prescription medication, can be a difficult task when You are dealing with local laws or language barriers.
Travel and Emergency Assistance Services are made available to help You in case of an emergency while You are traveling away from home. The Benefit Administrator can connect You with the appropriate local emergency and assistance resources available, 24 hours a day, 365 days a year.
Please note that due to occasional issues such as distance, location, or time, neither the Benefit Administrator nor its service providers can be responsible for the availability, use, cost, or results of any medical, legal, transportation, or other services.
What are Travel and Emergency Assistance Services and how do I use these services when I need them?
Travel and Emergency Assistance Services are made available to You, if You are a cardholder of an eligible card issued in the United States. You, Your Immediate Family Members and business associates are also eligible to use these services. Travel and Emergency Assistance Services provide assistance and referral only. You are responsible for the cost of any actual medical, legal, transportation, cash advance, or other services or goods provided.
To use the services, simply call the toll-free, 24-hour Benefit Administrator line at 1-800-992-6029. If You are outside the United States, call collect at 1-804-673-1675.
What are the specific services and how can they help me?
● Emergency Message Service – can record and relay emergency messages for travelers, their Immediate Family Members or business associates. The Benefit Administrator will use reasonable efforts to relay emergency messages in accordance with benefit guidelines and limitations, but cannot take responsibility for the failure to transmit any message successfully.
● Medical Referral Assistance – provides medical referral, monitoring, and follow-up. The Benefit Administrator can give You names of local English-speaking doctors, dentists, and hospitals; assign a doctor to consult by phone with local medical personnel, if necessary, to monitor Your condition; keep in contact with Your family, and provide continuing liaison; and help You arrange medical payments from Your personal account. All costs are Your responsibility.
● Legal Referral Assistance – can arrange contact with English-speaking attorneys and U.S. embassies and consulates if You’re detained by local authorities, have a car accident, or need legal assistance. In addition, the Benefit Administrator can coordinate bail payment from Your personal account. The Benefit Administrator can also follow up to make sure bail has been properly handled. All costs are Your responsibility.
● Emergency Transportation Assistance – can help You make all the necessary arrangements for emergency transportation home or to the nearest medical facility. This includes arranging to bring Your Immediate Family Members or business associates home and helping You stay in contact with family members or employers during the emergency. In the case of a death, the Benefit Administrator can make arrangements to repatriate the remains. All costs are Your responsibility.
● Emergency Ticket Replacement – helps You through Your carrier’s lost ticket reimbursement process and assists in the delivery of a replacement ticket to You, should You lose Your ticket. All costs are Your responsibility.
● Lost Luggage Locator Service – can help You through the Common Carrier’s claim procedures or can arrange shipment of replacement items if an airline or Common Carrier loses Your checked luggage. You are responsible for the cost of any replacement items shipped to You.
● Emergency Translation Services – provides telephone assistance in all major languages and helps find local interpreters, if available, when You need more extensive assistance. All costs are Your responsibility.
● Prescription Assistance and Valuable Document Delivery Arrangements – can help You fill or replace prescriptions, subject to local laws, and can arrange pickup and delivery of Your prescriptions filled for You at local pharmacies. It can also help transport critical documents that You may have left at Your home or elsewhere. All costs are Your responsibility.
● Pre-Trip Assistance – can give You information on Your destination before You leave – such as ATM locations, currency exchange rates, weather reports, health precautions, necessary immunizations, and required passport visas.
Definitions
Common Carrier means any mode of transportation by land, water or air operating for hire under a license to carry passengers for which a ticket must be purchased prior to travel. Does not include taxi, limousine service, commuter rail or commuter bus lines.
Immediate Family Member means Your Spouse or dependent children under twenty-two (22) years old.
You or Your means an eligible person whose name is embossed on an eligible U.S. issued card, and You reside in the United States.
Additional Provisions for Travel and Emergency Assistance Services
This benefit is provided to eligible cardholders at no additional cost. The terms and conditions contained in this Guide to Benefits may be modified by subsequent endorsements. Modifications to the terms and conditions may be provided via additional Guide to Benefits mailings, statement inserts, statement messages or electronic notification. The benefits described in this Guide to Benefits will not apply to cardholders whose accounts have been suspended or cancelled. Termination dates may vary by financial institutions. Your financial institution can cancel or non-renew the benefits for cardholders, and if they do, they will notify You at least thirty (30) days in advance.
FORM #TEASB – 2023 (Stand 09/23) TEAS-B
For more information about the benefit described in this guide, call the Benefit Administrator at 1-800-992-6029, or call collect outside the U.S. at 1-804-673-1675.
Auto Rental Collision Damage Waiver
No cardholder wants to incur the expense of repairing or replacing a rented car. But accidents do happen, and vehicles do get stolen. No matter what happens to Your rental car, You can be covered with Auto Rental Collision Damage Waiver.
Auto Rental Collision Damage Waiver reimburses You for damages caused by theft or collision -- up to the Actual Cash Value of most rented cars. Auto Rental Collision Damage Waiver covers no other type of loss. For example, in the event of a collision involving Your rented vehicle, damage to any other driver’s car or the injury of anyone or anything is not covered. Rental periods of thirty-one (31) consecutive days are covered. (Longer rental periods, however, are not covered.)
You are eligible for this benefit if Your name is embossed on an eligible card issued in the United States or if You are authorized by Your company to rent an eligible vehicle using the company’s eligible Account, as long the rental is purchased entirely with the Account. Only You, as the primary renter of the vehicle, and any additional drivers permitted by the Rental Car Agreement are covered.
How Auto Rental Collision Damage Waiver works with other insurance
Auto Rental Collision Damage Waiver covers theft, damage, valid loss-of-use charges imposed and substantiated by the auto rental company, administrative fees and reasonable and customary towing charges, due to a covered theft or damage to the nearest qualified repair facility.
If the Rental Vehicle is for commercial and/or business purposes, Auto Rental Collision Damage Waiver benefit acts as primary coverage, and You may be reimbursed for up to the actual cash value of the vehicle.
If the Rental Vehicle is for personal reasons, this benefit is secondary coverage, supplemental to Your personal automobile insurance, meaning You may only be reimbursed for the amount of Your personal insurance deductible or other charges, including valid administrative and loss-of-use charges not covered under Your personal insurance policy. If You are renting outside Your country of residence, or if You do not have automobile insurance, Auto Rental Collision Damage Waiver acts as primary coverage.
How to use Auto Rental Collision Damage Waiver
1. Use Your card to initiate and complete Your entire car rental transaction.
2. Review the auto rental agreement and decline the rental company’s collision damage waiver (CDW/LDW) option, or a similar provision, as accepting this coverage will cancel out Your benefit. If the rental company insists that You purchase their insurance or collision damage waiver, call the Benefit Administrator for assistance at 1-800-348-8472. Outside the United States, call collect at 1-804-673-1164.
Before You leave the lot, be sure to check the car for any prior damage.
This benefit is in effect during the time the rental car is in Your (or an authorized driver’s) control, and it terminates when the rental company reassumes control of their vehicle.
This benefit is available in the United States and most foreign countries (with the exception of Israel, Jamaica, the Republic of Ireland or Northern Ireland). However, this benefit is not available where precluded by law, or where it’s in violation of the territory terms of the auto rental agreement, or when prohibited by individual merchants. Because regulations vary outside the United States, check with Your auto rental company and the Benefit Administrator before You travel, to be sure that Auto Rental Collision Damage Waiver will apply.
Vehicles not covered
Certain vehicles are not covered by this benefit, they consist of expensive, exotic, and antique cars; cargo vans; certain vans; vehicles with an open cargo bed; trucks; motorcycles; mopeds; motorbikes; limousines; and recreational vehicles.
Examples of expensive or exotic cars are the Alfa Romeo, Aston Martin, Bentley, Corvette, Ferrari, Jaguar, Lamborghini, Lotus, Maserati, Maybach, McLaren, Porsche, Rolls Royce, and Tesla. However, selected models of Audi, BMW, Mercedes-Benz, Cadillac, Infiniti, Land Rover, Lexus, Lincoln, and Range Rover are covered.
An antique car is defined as one that is over twenty (20) years old, or one that has not been manufactured for ten (10) years or more.
Vans are not covered. But those designed as small-group transportation vehicles (seating up to nine [9] people, including the driver) are covered.
If You have questions about a specific vehicle’s coverage or organization where the vehicle is being reserved, call the Benefit Administrator at 1-800-348-8472 or call collect outside the United States at 1-804-673-1164.
Related instances & losses not covered
● Any obligation You assume under any agreement (other than the deductible on Your personal auto policy)
● Any violation of the auto rental agreement or this benefit
● Injury of anyone, or damage to anything, inside or outside the Rental Vehicle
● Loss or theft of personal belongings
● Personal liability
● Expenses assumed, waived, or paid by the auto rental company, or its insurer
● The cost of any insurance, or collision damage waiver, offered by or purchased through the auto rental company
● Depreciation of the Rental Vehicle caused by the incident including, but not limited to, “diminished value”
● Expenses reimbursable by Your insurer, employer, or employer’s insurance
● Theft or damage due to intentional acts, or due to the driver(s) being under the influence of alcohol, intoxicants, or drugs, or due to contraband, or illegal activities
● Wear and tear, gradual deterioration, or mechanical breakdown
● Items not installed by the original manufacturer
● Damage due to off-road operation of the Rental Vehicle
● Theft or damage due to hostility of any kind (including, but not limited to, war, invasion, rebellion, insurrection, or terrorist activities)
● Confiscation by authorities
● Vehicles that do not meet the definition of covered vehicles
● Rental periods that either exceed, or are intended to exceed thirty-one (31) consecutive days
● Leases and mini leases
● Theft or damage as a result of the authorized driver’s and/or cardholder’s lack of reasonable care in protecting the Rental Vehicle before and/or after the damage or theft occurs (for example, leaving the car running and unattended)
● Theft or damage reported more than forty-five (45) days* after the date of the incident
● Theft or damage for which a claim form has not been received within ninety (90) days* from the date of the incident
● Theft or damage for which all required documentation has not been received within three hundred and sixty-five (365) days after the date of the incident
● Theft or damage from rental transactions that originated in Israel, Jamaica, the Republic of Ireland, or Northern Ireland
● Losses caused by or resulting from a Cyber Incident
*Not applicable to residents in certain states
Filing a claim
It is Your responsibility as a cardholder to make every effort to protect Your Rental Vehicle from damage or theft. If You have an accident, or Your Rental Vehicle has been stolen, immediately call the Benefit Administrator at 1-800-348-8472 to report the incident, regardless of whether Your liability has been established. Outside the United States, call collect at 1-804-673-1164.
You should report the theft or damage as soon as possible but no later than forty-five (45) days from the date of the incident.
The Benefit Administrator reserves the right to deny any claim containing charges that would not have been included, if notification occurred before the expenses were incurred. Thus, it’s in Your best interest to notify the Benefit Administrator immediately after an incident. Reporting to any other person will not fulfill this obligation.
What You must submit to file a claim
At the time of the theft or damage, or when You return the Rental Vehicle, ask Your car rental company for the following documents:
● A copy of the accident report form
● A copy of the initial and final auto rental agreements (front and back)
● A copy of the repair estimate and itemized repair bill
● Two (2) photographs of the damaged vehicle, if available
● A police report, if obtainable
● A copy of the demand letter which indicates the costs You are responsible for and any amounts that have been paid toward the claim.
Submit all of the above documents from the rental company, along with the following documents, to the Benefit Administrator:
● The completed and signed Auto Rental Collision Damage Waiver claim form (Important: This must be postmarked within ninety (90) days* of the theft or damage date, even if all other required documentation is not yet available – or Your claim may be denied).
● A copy of Your monthly billing statement (showing the last four [4] digits of the Account number) demonstrating that the entire rental transaction was made on Your eligible Account.
● If the rental was for personal use, a statement from Your insurance carrier (and/or Your employer or employer’s insurance carrier, if applicable), or other reimbursement showing the costs for which You are responsible, and any amounts that have been paid toward the claim. Or, if You have no applicable insurance or reimbursement, a statement of no insurance or reimbursement is required.
● If the rental was for personal use, a copy of Your primary insurance policy’s Declarations Page (if applicable), to confirm Your deductible (This means the document(s) in Your insurance policy that lists names, coverages, limits, effective dates, and deductibles).
● Any other documentation required by the Benefit Administrator to substantiate the claim.
Finally, please note that all remaining documents must be postmarked within three hundred and sixty-five (365) days* of the theft or damage date or Your claim may be denied.
*Not applicable to residents of certain states.
For faster filing, or to learn more about Auto Rental Collision Damage Waiver, visit www.eclaimsline.com
Finalizing Your claim
Your claim will typically be finalized within fifteen (15) days, after the Benefit Administrator has received all the documentation needed to substantiate Your claim.
Transference of claims
Once Your claim has been paid, all Your rights and remedies against any party in regard to this theft or damage will be transferred to the Benefit Administrator, to the extent of the cost of payment made to You. You must give the Benefit Administrator all assistance as may reasonably be required to secure all rights and remedies.
Definitions
Account means Your credit or debit card Accounts.
Actual Cash Value means the amount a Rental Vehicle is determined to be worth based on its market value, age and condition at the time of loss.
Eligible Person means a cardholder who pays for their auto rental by using their eligible Account.
Rental Car Agreement means the entire contract an eligible renter receives when renting a Rental Vehicle from a rental car agency which describes in full all of the terms and conditions of the rental, as well as the responsibilities of all parties under the contract.
Rental Vehicle means a land motor vehicle with four or more wheels as described in the participating organization’s disclosure statement which the eligible renter has rented for the period of time shown on the Rental Car Agreement and does not have a manufacturer’s suggested retail price exceeding the amount shown on the participating organization’s disclosure statement.
You or Your means an Eligible Person who uses their eligible card to initiate and complete the rental car transaction.
Please see “Definitions Related to Cyber Incidents” for additional definitions that apply to this benefit.
Please see “General Provisions” for additional Provisions which apply to this benefit.
FORM #BCDW01 – 2021 (04/21) ARCDW-B
For more information about the benefit described in this guide, call the Benefit Administrator at 1-800-348-8472, or call collect outside the U.S. at 1-804-673-1164.
Purchase Security/Extended Protection
Purchase Security
Life is full of surprises…some good surprises; and some, not so good.
For instance, Your son’s brand new iPad got soaked, in a sudden rainstorm at summer camp. But, You bought the item with Your card so, You may be covered. Purchase Security protects new retail purchases made with Your eligible Account and/or rewards program associated with Your covered Account within the first ninety (90) days from the date of purchase. To be eligible for this coverage, You need to purchase either a portion or the entire cost of the item using Your Account and/or rewards program associated with Your covered Account .
At the Benefit Administrator’s discretion, this benefit replaces, repairs, or reimburses You, up to the total purchase price of Your item for a maximum of ten thousand dollars ($10,000.00) per claim and fifty thousand dollars ($50,000.00), per cardholder, in the event of theft or damage.
You are eligible for this benefit if You are a cardholder of an eligible card issued in the United States.
Gifts purchased for friends and family members may also be covered if they are purchased with Your covered Account and/or rewards program associated with Your covered Account.
Purchase Security covers
Eligible items of property purchased with Your Account and/or rewards program associated with Your covered Account are covered for theft or damage. Purchases made outside the United States are also covered as long as You purchased the item with Your covered Account and/or rewards program associated with Your covered Account.
Purchase Security does not cover
● Animals and living plants
● Antiques or collectible items
● Boats, aircraft, automobiles, and any other motorized vehicles and their motors, equipment, or accessories, including trailers and other items towable or attachable to any motorized vehicle
● Broken items, unless the result of a covered occurrence
● Computer software
● Items purchased for resale
● Items that are lost, or that “mysteriously disappear,” meaning they vanished in an unexplained manner, with no evidence of wrongdoing by one person or several
● Items under the control and care of a common carrier (including the U.S. Postal Service, airplanes, or a delivery service)
● Items in Your baggage (unless hand carried, or under Your supervision or that of a companion You know); includes jewelry and watches, among other things
● Theft or damage stemming from abuse, fraud, hostilities (war, invasion, rebellion, insurrection, terrorist activities, and more); confiscation by authorities (if contraband or illegal); normal wear and tear; flood, earthquake, radioactive contamination; damage from inherent product defects
● Theft or damage from misdelivery, or voluntarily parting with property
● Medical equipment
● Perishable or consumable items, including cosmetics, perfumes, rechargeable batteries, among others
● Real estate and items intended for real estate, including hard-wired and hard-plumbed items, garage doors and openers, ceiling fans, among other items
● Rented and leased items
● Traveler’s checks, cash, tickets, credit or debit cards, among other negotiable purchased instruments
● Items used or pre-owned (Refurbished items will not be considered used or pre-owned as long as accompanied by a warranty)
● Losses caused by or resulting from a Cyber Incident
Filing a Purchase Security claim
Call the Benefit Administrator at 1-800-848-1943, or call collect outside the U.S. at 1-303-967-1096, within sixty (60) days of the damage or theft (if You wait longer, coverage may be denied). The Benefit Administrator will ask for some preliminary claim information, answer Your questions and send You a claim form. When You submit Your claim, be sure to include all information regarding Your claim including the time, place, cause and the amount to either replace or repair the item.
If You have insurance (homeowner’s, renter’s, car, employer or any other), You are required to file a claim with Your insurance company and to submit a copy of any claim settlement from Your insurance company along with Your claim form. Purchase Security provides coverage on an “excess” coverage basis, meaning it does not duplicate coverage, but pays for a loss only after valid and collectible insurance or indemnity (including, but not limited to, homeowner’s, renter’s, automobile, or employer’s insurance policies) has been exhausted. At that point, Purchase Security will cover the loss up to the amount charged to Your eligible Account, subject to the terms, exclusions, and limits of liability of the benefit.
This benefit also pays for the outstanding deductible portion of Your insurance or indemnity for eligible claims. The maximum total limit of liability is up to ten thousand dollars ($10,000.00) per claim occurrence and fifty thousand dollars ($50,000.00) per cardholder. You will receive no more than the purchase price as recorded on the eligible card receipt.
When a protected item is part of a pair or set, You will receive no more than the value (as described above) of the particular part or parts, stolen or damaged, regardless of any special value that item may have as part of such a pair or set, and no more than the proportionate part of an aggregate purchase price of such pair or set.
For faster filing, or to learn more about Purchase Security, visit www.cardbenefitservices.com
Gift recipients may file their own claims, if they have the necessary substantiating documents.
Please submit the following documents:
● Your signed and completed claim form
● A copy of Your monthly billing statement (showing the last four [4] digits of the Account number) demonstrating that the purchase was made on Your eligible Account and/or rewards programs associated with Your covered Account
● If more than one method of payment was used, please provide documentation as to additional currency, voucher, points or any other payment method utilized
● A copy of the itemized store receipt demonstrating that the purchase was made on Your eligible Account and/or rewards program associated with Your covered Account
● A copy of the documentation of any other settlement of the loss (if applicable)
● If the item is repairable, the estimate of repair OR a copy of the paid receipt/invoice for the repairs, indicating the type of damage to the claimed item (if applicable)
● A copy of the police report (made within forty-eight (48) hours of the occurrence in the case of theft), fire report or incident report to substantiate the loss. If the loss was not reported, please provide a replacement receipt or other sufficient proof of loss deemed eligible solely by Your Benefits Specialist (if applicable)
● Any other documents necessary to substantiate Your claim
In some cases of damage, You will be asked to send, at Your expense, the damaged item along with Your claim in order to substantiate the claim, so make sure to keep the damaged item in Your possession.
PLEASE NOTE: Your maximum recovery under the Purchase Security Benefit is the purchase price of the item, not to exceed the coverage limit.
Please return Your signed and completed form with all documentation within ninety (90) days of the date of theft or damage.
How will I be reimbursed?
Once You’ve met the conditions of this benefit, the Benefit Administrator will resolve Your claim in one of two ways:
● A damaged item may be repaired, rebuilt, or replaced, while a stolen item will be replaced. Typically, You will receive notice about this decision within fifteen (15) days upon receipt of Your claim documentation.
● You may receive payment to replace Your item, an amount not more than the original purchase price, less shipping and handling charges, up to ten thousand dollars ($10,000.00) per claim and fifty thousand dollars ($50,000.00) per cardholder. You will only be reimbursed up to the dollar amount to replace or repair the item or the program limit, whichever is less. Under normal circumstances, reimbursement will take place within five (5) business days.
Extended Warranty Protection
Product warranties can be inconvenient and cumbersome to use.
Let’s say You purchased a great gadget about a year ago, but it just stopped working, and You can’t find Your sales receipt and warranty information. For all too common situations like these, Extended Warranty Protection can help.
Extended Warranty Protection provides You with valuable features that help You manage, use and extend the warranties for eligible items purchased on Your covered Account and/or rewards programs associated with Your covered Account. Services include Warranty Registration and Extended Protection. You are eligible for this benefit if You are a cardholder of an eligible card issued in the United States and You purchase either a portion or the entire cost of the item using Your Account and/or rewards program associated with Your covered Account.
Here’s how Warranty Registration works
When You purchase an eligible item that carries a manufacturer’s warranty, You can register Your purchase by calling 1-800-848-1943 or call collect outside the U.S. at 1-303-967-1096. You can also register Your purchase online at www.cardbenefitservices.com.
The Benefit Administrator will tell You where to send Your item’s sales receipt and warranty information, so they can be kept on file should You need them.
If You choose not to register Your item, be sure to keep Your monthly billing statement reflecting the purchase, the itemized sales receipt, the original manufacturer’s written U.S. warranty and any additional warranty in a safe place. These documents will be required to verify Your claim.
Here’s how Extended Protection works
Your warranty coverage can be doubled up to one (1) additional year on eligible warranties of three (3) years or less. For example, a manufacturer’s warranty of three (3) months would be provided with an additional three (3) months of coverage for a combined total of six (6) months of coverage, and a warranty for six (6) months would be provided with an additional six (6) months of coverage for a combined total of twelve (12) months of coverage. However, if the manufacturer’s warranty is for three (3) years, it would only be extended one (1) additional year.
This benefit is limited to no more than the original price of the purchased item (as shown on Your credit card receipt), less shipping and handling fees, up to a maximum of ten thousand dollars ($10,000.00) per claim, and fifty thousand dollars ($50,000.00) per cardholder.
The benefit covers purchases made both inside and outside the U.S. The eligible item must have a valid original manufacturer’s U.S. repair warranty of three (3) years or less, a U.S. store-purchased dealer warranty, or a U.S. assembler warranty.
What Extended Protection does not cover
● Boats, automobiles, aircraft, and any other motorized vehicles and their motors, equipment, or accessories, including trailers and other items that can be towed by or attached to any motorized vehicle
● Any costs other than those specifically covered under the terms of the original manufacturer’s written U.S. repair warranty, as supplied by the original manufacturer, or other eligible warranty
● Items purchased for resale
● Real estate and items which are intended to become part of real estate including, but not limited to, items that are hard-wired or hard-plumbed, garage doors, garage door openers, and ceiling fans
● Rented or leased items
● Computer software
● Medical equipment
● Used or pre-owned items (Refurbished items will be covered as long as it has a warranty with it and would not be considered used or pre-owned)
● Losses caused by or resulting from a Cyber Incident
Filing an Extended Protection claim
To file a claim, call the Benefit Administrator at 1-800-848-1943 (or call collect outside the U.S., at 1-303-967-1096), immediately after the failure of Your covered item. Please note that if You do not notify the Benefit Administrator within sixty (60) days of product failure, Your claim may be denied.
The Benefit Administrator will request preliminary claim information, direct You to the appropriate repair facility, and send You the claim form. Gift recipients of eligible items are also covered, but they must provide all the documents needed to substantiate their claim.
If You received or purchased a service contract or an extended warranty when You purchased Your item, this benefit will be supplemental to, and in excess of, that coverage.
What You must submit to file a claim
Fill out and sign the claim form the Benefit Administrator sent You, then submit the form within ninety (90) days of the product failure, along with the following documents:
● A copy of Your monthly billing statement (showing the last four [4] digits of the Account number) demonstrating that the purchase was made on Your eligible Account and/or rewards program associated with Your covered Account
● If more than one method of payment was used, please provide documentation as to additional currency, voucher, points or any other payment method utilized
● A copy of the itemized sales receipt
● A copy of the original manufacturer’s written U.S. warranty, and any other applicable warranty
● A description of the item and its serial number, and any other documentation deemed necessary to substantiate Your claim (this includes bills and, if necessary, a copy of the maintenance record and receipts)
● The original repair estimate or repair bill, indicating cause of failure
Any other documentation deemed necessary by the Benefit Administrator to substantiate the claim
All claims must be fully substantiated.
For faster filing, or to learn more about Extended Warranty Protection, visit
www.cardbenefitservices.com
How will I be reimbursed?
If You have substantiated Your claim and met the terms and conditions of the benefit, Your item will be replaced or repaired at the Benefit Administrator’s discretion, but for no more than the original purchase price of the covered item, as recorded on Your credit card receipt, less shipping and handling fees, up to a maximum of ten thousand dollars ($10,000.00) per claim, and a maximum of fifty thousand dollars ($50,000.00) per cardholder. You will only be reimbursed up to the amount charged to Your Account or the program limit, whichever is less. Under normal circumstances, reimbursement will occur within five (5) business days of the receipt and approval of all required documents.
If Your item is to be repaired, You may go to an authorized repair facility and file a claim for reimbursement. Only valid and reasonable repairs made at the manufacturer’s authorized repair facility are covered.
In either case, the Benefit Administrator’s payment, replacement, or repair made in good faith will fulfill the obligation under this benefit.
Definitions for Purchase Security and Extended Protection
Account means Your credit or debit card Accounts.
Eligible Person means a cardholder who pays for their purchase by using their eligible Account and/or rewards program associated with their covered Account.
You or Your means an Eligible Person who used their covered Account and/or rewards program associated with their covered Account to purchase the item.
Please see “Definitions Related to Cyber Incidents” for additional definitions that apply to this benefit.
Please see “General Provisions” for additional Provisions which apply to this benefit.
FORM #PSEPBUSINESSv1 – 2021 (04/21) PSEP-B
For more information about the benefit described in this guide, call the Benefit Administrator at 1-800-848-1943, or call collect outside the U.S. at 1-303-967-1096.
Definitions Related to Cyber Incidents: The following language applies to Auto Rental Collision Damage Waiver, and Purchase Security/Extended Protection:
Computer Programs means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data.
Cyber Incident means any of the following acts:
(a) unauthorized access to or use of Your Digital Data or a Rental Vehicle or Covered Purchase;
(b) alteration, corruption, damage, reduction in functionality, manipulation, misappropriation, theft, deletion, erasure, loss of use or destruction of Your Digital Data or a Rental Vehicle or Covered Purchase;
(c) transmission or introduction of a computer virus or harmful code, including ransomware, into or directed against Your Digital Data or a Rental Vehicle or Covered Purchase;
(d) restriction or inhibition of access to or directed against Your Digital Data or a Rental Vehicle or Covered Purchase;
(e) computer errors, including human operating error or omission; power failure, surge, or diminution of electronic systems; or mistakes in legitimate electronic code or damage from code installed on a Rental Vehicle or Covered Purchase during the manufacturing process, upgrade process, or normal maintenance.
Digital Data means information, concepts, knowledge, facts, images, sounds, instructions, or Computer Programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. Digital Data shall include the capacity of a Rental Vehicle or a Covered Purchase to store information, process information, and transmit information over the Internet.
General Provisions: Applies to ALL Benefits except for Travel and Emergency Assistance Services:
● Signed or pinned transactions are covered as long as You use Your eligible Account to secure the transaction.
● You shall do all things reasonable to avoid or diminish any loss covered by these benefits. This provision will not be unreasonably applied to avoid claims.
● If You make any claim knowing it to be false or fraudulent in any respect, no coverage shall exist for such claim, and Your benefit may be cancelled. Each cardholder agrees that representations regarding claims will be accurate and complete. Any and all relevant provisions shall be void in any case of fraud, intentional concealment, or misrepresentation of material fact.
● No legal action for a claim may be brought against the Provider until sixty (60) days after the Provider receives Proof of Loss. No legal action against the Provider may be brought more than two (2) years after the time for giving Proof of Loss. Further, no legal action may be brought against the Provider unless all the terms of the Guide to Benefits have been complied with fully.
● These benefits are provided to eligible cardholders at no additional cost. The terms and conditions contained in this Guide to Benefits may be modified by subsequent endorsements. Modifications to the terms and conditions may be provided via additional Guide to Benefits mailings, statement inserts, statement messages or electronic notification. The benefits described in this Guide to Benefits will not apply to cardholders whose Accounts have been suspended or cancelled.
● Termination dates may vary by financial institutions. Your financial institution can cancel or non-renew the benefits for cardholders, and if they do, they will notify You at least thirty (30) days in advance. Indemnity Insurance Company of North America (“Provider”) is the underwriter of these benefits and is solely responsible for its administration and claims. The Benefit Administrator provides services on behalf of the Provider.
● After the Benefit Administrator has paid Your claim, all Your rights and remedies against any party in respect of this claim will be transferred to the Benefit Administrator to the extent of the payment made to You. You must give the Benefit Administrator all assistance as may reasonably be required to secure all rights and remedies.
● These benefits do not apply to the extent that trade or economic sanctions or other laws or regulations prohibit the provision of insurance, including, but not limited to, the payment of claims.