Business Debit Card Agreement Terms and Conditions
Introduction
This Business Debit Card Agreement ("Agreement") contains contract terms and other important information relating to your Adirondack Bank Business Debit Card ("Card"). These terms govern the operation of this account unless varied or supplemented in writing. This Agreement also incorporates any other terms and conditions provided separately with your account agreement as well as the terms of any disclosures you may have received. You should read this Agreement carefully and keep a copy for your records.
Applicable Law
This Agreement will be governed by the laws of New York State well as federal laws and regulations. Normal banking customs and practices also apply.
Definitions
Unless inconsistent, words and phrases used in this document shall be construed so that the singular includes the plural and the plural includes the singular. The words "we," "our," and "us" refer to the financial institution which issues the Card. The words "you" and "your" refer to the owner of the specific account for which Card transactions are permitted. The word "Cardholder" refers to any person authorized by you to use the Card.
Business Card Purpose
You and any Cardholder agree that this Card is for use by business owners and employees. The Card can be used for business purpose point-of-sale and Automated Teller Machine (ATM) transactions only. The Card may not be used for personal purposes. You acknowledge and understand that the Card shall not be treated as a consumer card under the provisions of state and federal law. You agree to provide written instructions to all Cardholders that the Card shall not be used for consumer purposes. We assume all transactions are for business purposes. We do not monitor transactions to determine their purpose.
Account Requirement, Payment Responsibility, Transferability, Enforceability
The services described in this Agreement will be available to you only as long as you maintain a business checking account with us. You are liable for the payment of Card transactions authorized by you or your agent or any Cardholder or their agent. This account may not be transferred or assigned without our written consent. If any terms of this Agreement cannot be legally enforced, it will be considered changed to the extent necessary to comply with applicable laws. If any part of this Agreement becomes unenforceable, it will not make any other part unenforceable.
How to Use the Business Card, Security Procedures
The Card allows Cardholders to directly access the
business checking or savings account specified in your Card
Application. We will issue Cards and codes to you at your
request. Each Card will identify your business as well as
the Cardholder. You agree to the following security
procedures. Each Cardholder must sign their Card before it
may be used. You agree to require both a Card and a code to
be used together to obtain cash from a designated business
checking or savings account at designated ATMs. However, you
may use your Card to purchase goods or pay for services from
a designated business checking account without a code. Once
a Card has been issued it cannot be transferred to another
person. You agree to immediately notify us when you
terminate a Cardholder’s rights and to promptly return the
Card to us. You agree to provide written instructions to all
Cardholders about the importance of protecting the Card and
code. You agree to examine your receipts and periodic
statements in a timely manner. You agree that the
dollar/frequency limits assigned to each Cardholder will
also act as a security procedure.
Termination and Amendments.
- We may terminate this Agreement by written notice to
you.
- You may terminate this Agreement by written notice
to us.
We may make amendments to this Agreement in the same
method as provided in the terms and conditions provided in
your account agreement. Use of your Card after receipt of
notice of an amendment constitutes your acceptance of the
change.
Notices
Any notices mailed to you under this Agreement will be
mailed to the address we have for you in our records. You
will keep us notified of your current mailing address.
Stop Payment
Only stop-payment requests from you or the Cardholder who
authorized the transaction will be honored. However, because
Card transactions are often processed immediately, stopping
or amending payment is difficult and we cannot ensure that
any request you make will be effective. In order to be
effective, we must receive your request in time to give us a
reasonable opportunity to act. Your request must precisely
identify the transaction by date time, location and dollar
amount. Only you may release a stop-payment request.
Types of Transactions
Below are the types of transactions your Card will
accommodate.
ATM Transfers
You may access your account by ATM using your Card and
code to:
- make deposits to your designated deposit account(s)
at Adirondack Bank ATMs
- get cash withdrawals from your designated deposit
account(s)
- transfer funds between designated accounts
associated with your Card
- obtain balance information regarding your designated
account(s)
Some of these services may not be available at all
terminals. For security reasons, there are other limits on
the number of transfers you can make by ATM.
Point-of-Sale Transactions
You may access your checking account with your Card to
purchase goods (in person, by phone or through the Internet)
and pay for services (in person, by phone or through the
Internet). For security reasons, there are other limits on
the number of transfers you can make by debit card.
Maximum Limits on Transactions
We have set default limits on the dollar amount of Point
of Sale and ATM transactions as well as the number of
transactions that may be conducted daily. The ATM limit is
$510 every 24 hours and the POS limit is $5,000 every 24 hours.
Please note that the number of
ATM and POS transactions will be counted toward your monthly
account transaction activity. You may request changes on a
per card basis by designating these requirements on your
application which will be reviewed for Bank approval upon
processing.
International Use: International ATM and Point of Sale (POS) transactions:
for security reasons, we may block the use of your ADK Debit Card in certain countries or geographic areas. We will have no liability to you or others if any of these events occur. Traveling customers must contact the Bank two weeks prior to departure with your locations and dates of travel so that we can make the necessary adjustments to your ADK Debit Card to ensure functionality.
Currency Conversion
If you make a transaction in a currency other than U.S.
dollars, Visa will convert the charge or credit into a U.S.
dollar amount. The currency conversion rate used to
determine the transaction amount in U.S. dollars is either:
(1) a rate selected by Visa from the range of rates
available in wholesale currency markets for the applicable
central processing date, which rate may vary from the rate
Visa itself receives; or (2) the government-mandated rate in
effect for the applicable central processing date. The
conversion rate in effect on the processing date may differ
from the rate in effect on the transaction date or posting
date.
Property of Issuer, Cancellation Rights
Each card is the property of Issuer and must be
surrendered upon demand. Each card can be canceled by issuer
and the privileges thereof revoked at any time without prior
notice.
Advisory Against Illegal Use
You agree not to use your Card for illegal gambling or
other illegal purposes. Display of a payment card logo by,
for example, an online merchant does not necessarily mean
that transactions are lawful in all jurisdictions in which
the Cardholder may be located.
Fees
Please refer to the separate fee schedule for additional
information on fees.
DOCUMENTATION
Terminal Transfers
You can get a receipt at the time you make any transfer
to or from your account using one of our ATMs.
Retain Copies for your Records
You should retain copies of all records including
receipts, credit slips (for returned merchandise), and
cancellation numbers (for cancelled reservations). You
should also mark each transaction in your account record
(after leaving the terminal). You should review your
periodic statement for accuracy and compare your account
record against your periodic statement to reconcile
balances.
Periodic Statements
You will get a monthly statement from us for your
checking and savings account that will also include a record
of transactions made using your Card.
Limitations on our Liability
We will not be liable if:
- you do not have enough money in your account to make
the transfer
- an ATM does not have sufficient cash
- a terminal or system is not working properly
- circumstances beyond our control (such as fire or
flood) prevent the transfer
- a merchant refuses to accept your Card
- an ATM rejects your Card
There may be other limitations on our liability.
UNAUTHORIZED TRANSFERS
Additional Risk Associated with Use of Business Purpose
Cards
You will not have the benefit of any consumer law
limiting liability with respect to the unauthorized use of
your Card. This means your liability for the unauthorized
use of your Card could be greater than the liability in a
consumer debit card transaction. You accept and agree to
undertake the additional risk and greater measure of
liability associated with the use of business purpose cards
as described in this Agreement.
Your Liability for Unauthorized Transfers
You are liable for Card transactions you do not authorize
if we can prove that we processed the transaction in good
faith and in compliance with a commercially reasonable
security procedure to which we both agreed, unless otherwise
required by law. Tell us AT ONCE if you believe your Card
and/or code has been lost or stolen. Telephoning is the best
way of keeping your possible losses down. You could lose all
the money in your account. If your Card and/or code is lost,
stolen or used without your permission, you agree to notify
us immediately and to promptly confirm such notice in
writing. Your liability for transactions with your Card
and/or code will continue until 2 business days after the
day we receive such written notice. If you do not notify us
within 60 days from when the periodic statement containing
an unauthorized transaction was first mailed or made
available to you, we will be entitled to treat the
information in the periodic statement as correct, and you
will be precluded from asserting otherwise.
Contact in the Event of Unauthorized Transfer
If you believe your Card and/or code has been lost or
stolen or that someone has transferred or may transfer money
from your account without your permission, call or write us
at the telephone number or address listed in this brochure.
Consequential Damages
We will not be liable for any consequential or incidental
damages resulting from the unauthorized use of your Card.
Error Resolution
You agree to examine your receipts and periodic statement
using ordinary care and to report any errors or problems to
us within a reasonable time. You agree that the time to
examine your statement and report to us will depend on the
circumstances, but will not, in any circumstance, exceed a
total of 60 days from when the statement containing the
error or problem was first mailed or made available to you.
If you do not report within 60 days, we will be entitled to
treat such information as correct and you will be precluded
from asserting otherwise. You further agree that if you fail
to report to us within 14 days from when the statement was
first mailed or made available to you that we will not be
required to pay interest on any refund to which you may be
entitled. We will only re-credit your account for errors or
problems as required by law.
Call or write us immediately with errors or questions
about your transactions at the telephone number or address
listed below. If you tell us orally, we may require your
complaint or question in writing within 14 business days.
If you provide us with timely notice of an error or
problem in your periodic statement, we will investigate the
matter and notify you of the results as soon as reasonably
possible under the circumstances.
You may ask for copies of the documents that we used in
our investigation.
For purposes of this disclosure, our business days are Monday through Friday. Federal holidays are not included
Adirondack Bank, 185 Genesee Street,
Utica, NY 13501, 315-272-2500 or
877-404-2265 Option 1
After Hours, Holiday and Weekend Stolen Card Reporting:
1-833-312-3729.
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