IMPORTANT – PLEASE READ CAREFULLY
Terms and Conditions for Sprint Visa® Prepaid Card.
This Cardholder Agreement ("Agreement") outlines the terms and conditions under which the Sprint Visa® Prepaid Card has been issued to you. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" means the Sprint Visa® Prepaid Card issued to you by Sutton Bank ("Issuer") pursuant to a license from Visa U.S.A., Inc. The Issuer is an FDIC insured member institution. Card is provided to you by Wipit, Inc. "Card Account" means the records we maintain to account for the value of claims associated with the Card. "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. Wipit offers the Card program to consumers and is a Program Manager pursuant to an agreement with the Issuer.
Your wireless service provider, Boost Worldwide, Inc. ("Sprint"), is not the provider of the Card, and you expressly release them from any claims related to the Card.
The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. You agree to sign the back of the card immediately upon receipt. By purchasing the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that you are at least 18 years of age (or older if you reside in a state where the majority age is older).
Your Card Account does not constitute a checking or savings account and is not connected in any way to any other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. This Card is not for resale. You will not receive any interest on the funds in your Card account.
Write down the Card number and the customer service phone number provided in this agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.
Authorized Card users
You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.
Personal Identification Number
You can set a Personal Identification Number ("PIN") by calling 1-888-973-9082. You should not write or keep your PIN with your Card. Never share your PIN with anyone. If you believe anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled "Your liability for Unauthorized Transfers."
Using Your Card
The Card is activated at the time of purchase. You can load between $20 and $500 to the card at the time of Card purchase. You acknowledge and agree that the value available in the Card account is limited to funds that you have loaded into the Card account at the time of purchase and the Card is non-reloadable. The expiration date of the card is identified on the front of your Card. Your funds will never expire, regardless of the expiration date on the front of your Card. You are responsible for all transactions initiated by use of your Card, except as prohibited by law, or otherwise set forth herein. Except as otherwise required by law, if a balance remains on your Card after expiration, we will mail you a check representing the remaining balance minus any fees owed to the address we have on record for you.
Each time you use your Card, you authorize us to reduce the funds available in your Card account by the amount of the transaction. You are not allowed to 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 in your Card account, you shall remain fully liable to us for the amount of the transaction. We reserve the right to bill you for any negative balance. You agree to pay us promptly for the negative balance. We also reserve the right to cancel this Card and close your Card account should you create one or more negative balances with your Card.
If you use your Card number without presenting your Card (such as for an Internet, mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. You do not have the right to stop payment on any purchase transaction originated by use of your Card, except to the extent required by law, or as otherwise provided herein. Your Card cannot be redeemed for cash.
Merchant Use and Acceptance:
The Card may be used to purchase goods and services at any merchant that accepts Visa debit cards anywhere in the US. The Card cannot be used to obtain cash at an ATM, branch location or obtain cash back in any purchase transaction. The Card cannot be used for any illegal activity. In addition, the Card cannot be used to make recurring preauthorized payments or installment payments. We are not responsible if a merchant refuses to honor your Card. Except as otherwise required by law, you cannot stop payment on any purchase with your Card after it has been completed .
Internet, mail, and phone orders:
Internet, mail, and phone order purchases may require that we have the correct name and home address of the Card owner on file. Prior to performing an Internet, mail or phone order purchases, you will need to go to http://www.wipit.me/boostcard
and register your Card by entering your name and home address. Failure to register your Card may result in declined transactions with merchants that use address validation.
Merchant Hold Periods:
When you use your Card at certain merchant locations, the merchant may obtain a pre-authorization for the purchase. The amount of the pre-authorization may be more than the final transaction amount. When preauthorization occurs, a "hold" will be placed on the Card and those pre-authorized funds will not be available for other Card uses during the hold period. Any excess will be placed back on the Card after the purchase is settled through the system. We are not liable for charges against the Card during the hold period. It may take up to sixty (60) days for the hold to be removed.
Merchant Disputes and Returns:
We have no liability for the goods or services you obtained with your Card and any dispute regarding these goods and services must be resolved directly with the merchant. When returning a purchase, the merchant may ask for the Card you used to make that purchase. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card account for such refunds. The amounts credited to your Card account for refunds may not be available for up to seven (7) days from the date the refund transaction occurs.
Use at Restaurants, Hotels and Other Service Merchants:
Merchants such as restaurants, hotels, mail order companies, and automobile rental businesses may attempt to submit authorizations against the Card for an amount greater than the actual purchase amount even though you will only be debited for the actual amount spent. If the amount of authorization is greater than the available Card balance, the purchase may be declined.
Use at Gas Stations:
When purchasing gasoline, you must pay for your purchase at the gas station service counter. Payment for fuel will not be accepted at automated fuel dispensers (i.e. "pay at the pumps").
You can register your Card by providing your name and address online at www.wipit.me/boostcard
. In the event your Card is lost or stolen, registration will verify your ownership of the Card.
Limitations on frequency of transactions:
Except as provided in the next sentence, you may use the Card an unlimited number of times per day for purchases. For security reasons, we may limit the amount or number of transactions you can make with your Card at our discretion.
If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called "split transactions." Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you fail to inform the merchant prior to completing the transaction, your Card may be declined.
For purposes of these disclosures, our business days are Monday through Friday, excluding holidays, even if we are open. Our customer Service hours are 7AM – 12 AM ET, 7 days a week.
You agree to pay the fees and charges according to this Agreement. All fees and charges will be automatically assessed against the Card, and you will be responsible for any deficiency.
||A one-time Card Fee charged at the time the card is purchased and activated in retail.
|$4.95 per month
||Fee assessed if no Card Transactions have occurred for a period of 3 consecutive months. Fee is assessed each month and will be deducted from your Card balance until you next use your Card.
||Fee is for processing a check for any remaining balance upon the expiration or reported loss or theft of Card or upon your request. A check will not be issued if the remaining Card balance is $10 or less. This facility is only offered to cards registered at www.wipit.me/boostcard and the check will be sent to the name and address registered with the card.
You should get a receipt at the time you make a transaction. You agree to retain your receipt to verify your transactions.
Obtaining Card Account Information.
You may obtain information about the amount of money you have remaining in your Card account by calling 1-888-973-9082. This information, along with a 60-day history of account transactions, is also available on-line at www.wipit.me/boostcard
We may disclose information to third parties about your Card account or the transactions you make:
1. Where it is necessary for completing transactions;
2. In order to verify the existence and condition of your Card account for a third party, such as merchant;
3. In order to comply with government agency or court orders, or other legal reporting requirements;
4. If you give us your written permission;
5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
6. As otherwise permitted by law.
Our Liability for Failure to Complete Transactions
If we do not complete a transaction to or from your Card account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
1. If, through no fault of ours, you do not have enough funds available in your Card account to complete the transaction;
2. If a merchant refuses to accept your Card;
3. If an electronic terminal where you are making a transaction does not operate properly and you knew about the problem when you initiated the transaction;
4. If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
5. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
6. If we have reason to believe the requested transaction is unauthorized;
7. If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;
8. Any other exception stated in our Agreement with you.
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Ohio except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms of this Agreement at any time without prior notice to you except as required by applicable law. We may cancel or suspend your Card or this Agreement at any time without prior notice to you except as required by applicable law. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Except as otherwise required by law, or as otherwise provided in this agreement, should your Card account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in this Agreement.
Information About Your Right to Dispute Errors
In case of errors or questions about your Card telephone us at 1-888-973-9082 or write us at Card Services, PO Box 25, Pasadena, CA 91105 as soon as possible, if you think an error has occurred in your Card account. We must hear from you no later than 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, You will need to tell us the following: (1) your name, (2) your Card number, (3) why you believe there is an error, (4) the dollar amount involved, and (5) approximately when the error took place. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. Funds will remain contingent on whether we determine if an error occurred. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts or POS, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. If you have any further questions regarding our error resolution procedures, please contact us by calling 1-888-973-9082 or by visiting us online at www.wipit.me/boostcard
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
No Warranty Regarding Goods and Services
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.
As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds in the Card accounts; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.
As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include Wipit, Inc., any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.
Initiation of Arbitration Proceeding/Selection of Administrator:
Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services ("JAMS"), or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org .
Significance of Arbitration:
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN VISAY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE JAMS, OR AAA, AS APPLICABLE (THE "CODE"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR's DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Restrictions on Arbitration:
If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant's written notice. The decision of the panel shall be by majority vote and shall be final and binding.
This Arbitration Provision shall survive termination of your Card as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
This Card is issued by Sutton Bank
P.O. Box 505
Attica, OH 44807
© 2013 Sutton Bank