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Synapse+ +Mercury+Cardholder+Agreement+02!11!19
Synapse+ +Mercury+Cardholder+Agreement+02!11!19
Table of Contents
1. Activating the Card
2. Important Information About Using Your Account
3. Use of Your Card
4. Preauthorized Recurring Transfers; Stopping Payment on Transactions
5. Holds for Authorized Transactions
6. Illegal Transactions
7. Account Owner Representations and Warranties
8. Limitations on Frequency and Dollar Amount of Transactions
9. Fees for Use of the Card
10. Business Days
11. Deposit Account Requirements
12. Documentation of Transactions
13. Your Card or Pin Is Lost, Stolen or Subject to Any Unauthorized Use
14. Responsibility for Authorized Transactions
15. Our Liability for Failure to Make Transfers
16 Errors or Questions About Your Account Transactions
17. Disclosure of Information to Third Parties
18. Changes to and Termination of this Agreement
19. Conditions Under Which Attorney’s Fees and Other Charges May Be Imposed
20. Governing Law; Severability
21. Indemnification
22. No Warranty of Availability or Uninterrupted Use
23. Limitation of Liability
24. Notification of Changes
25. Dispute Resolution
26. Virtual Card Option
6. ILLEGAL TRANSACTIONS
You agree that you and your Authorized Users will not use your Card for any transaction that is illegal in
the jurisdiction where you reside, in the jurisdiction where the transaction is consummated, or in any other
jurisdiction affected by the transaction. You agree that it is your responsibility to determine the legality of
each transaction in all applicable jurisdictions before entering into such transaction. Display of the Visa
logo or any other logo by any person accepting the Card does not indicate that the transaction is legal in
all applicable jurisdictions. You acknowledge and agree that we have no obligation to monitor, to review
or to evaluate the legality of your Card transactions. You also agree that you will not use your Card in
connection with any Internet or online gambling transaction or lottery ticket purchase, whether or not the
same is legal in any applicable jurisdiction. We may refuse to process any Card transaction that we be-
lieve may violate the terms of this Agreement, your Deposit Account agreement or applicable law. To the
fullest extent permitted by law, you agree to pay for any Card transaction that you authorized, even if that
transaction is determined to be illegal.
Some restrictions, which are designed to detect and prevent unauthorized use of your Card, cannot be dis-
closed. The daily period to which these limitations apply shall commence at 12:00 Midnight on each day
and end at 12:00 Midnight on the following day (CST). We may add to, remove from or otherwise change
our limitations at any time and without notice to you. Because of the limitations imposed by some non-
Bank ATMs and in the event of equipment failure or unavailability, you may not be able to withdraw or to
access funds even though you have not exceeded these limitations.
9. FEES FOR USE OF THE CARD
Other than the International Service Fee described in the next paragraph, we do not charge any fees for
the use or initial issuance of the Card. We will not charge you a fee to use your Card at any in-network
ATM, however, operators of other ATMs and cash dispensing devices, their Networks, and merchants
may charge you a fee. Some cash dispensing devices appear to be ATMs, but actually may process certain
transactions as PIN Transactions. If you use your Card multiple times at one of these cash dispensing de-
vices, some transactions may be processed as PIN Transactions and others as ATM Transactions.
• “International Transactions” include any transaction that you make using your Card in a foreign
currency and any transaction made using your Card outside of the United States of America, even
if that transaction is made in U.S. dollars. If you make a transaction in a currency other than U.S.
dollars, Visa will convert the amount of that transaction into U.S. dollars according to its own
currency conversion procedures in effect at that time. The exchange rate used to convert the cur-
rency is either a rate selected by Visa from the range of rates available in wholesale currency
markets on the applicable processing date (which rate may differ from the rate the entity itself
receives), or the government mandated exchange rate in effect on the applicable processing date.
The exchange rate in effect on the applicable processing date may differ from the exchange rate
in effect on the date you used your Card or Account. The amount (in U.S. dollars) of any credit
associated with a particular foreign currency transaction is likely to differ from the amount (in
U.S. dollars) of the original transaction due to differences in the applicable rates, which may vary
daily. VISA may charge you an International Service Fee (sometimes referred to as an “ISF”)
equal to one percent (1%) of the U.S. dollar amount of any International Transaction. The In-
ternational Service Fee will be calculated on the U.S. dollar amount provided to us by Visa and
will be charged to the same Account to which the transaction is posted at the same time the In-
ternational Transaction posts to that Account. The same conversion process and fee may apply if
any International Transaction is reversed or credited back to your Account.
13. YOUR CARD OR PIN IS LOST, STOLEN OR SUBJECT TO ANY UNAUTHORIZED USE
The Card is a commercial Card and does not provide consumer protections for lost or stolen Cards or
unauthorized transactions. Treat the Card like cash. Until a Business Administrator or Authorized
User reports a Card as lost or stolen or reports an unauthorized transaction on a Card, Account
Owner is fully responsible for all transactions, even if the Card is lost, stolen or used for unautho-
rized transactions. Contact customer service IMMEDIATELY if a Business Administrator or Authorized
User believes: (a) a Card has been lost or stolen, (b) someone has gained unauthorized access to any ac-
cess information for your Deposit Account, or (c) someone has transferred or may transfer funds from the
Card without a Business Administrator’s or Authorized User’s permission. Reporting a lost/stolen Card or
unauthorized transactions through (415) 634-9020 or by logging into the Website to deactivate the Card is
the best way to minimize possible losses. Account Owner and Authorized Users are responsible for all
unauthorized transactions initiated and fees incurred from the unauthorized use of a Card. Failure to
promptly notify us could result in the Account Owner losing ALL of the money in the Account.
19. CONDITIONS UNDER WHICH ATTORNEY’S FEES AND OTHER CHARGES MAY BE
IMPOSED
To the extent permitted by applicable law, you shall be liable to us for all costs and damages resulting
from any breach of this Agreement; provided, however, that your liability to us for unauthorized use of
the Card shall be determined as provided in Section 14 above. If you fail to pay any amounts due under
this Agreement and your debt is referred to an attorney(s), not one of our salaried employees for collec-
tion or other enforcement proceedings, whether by suit or otherwise, and the unpaid balance of the debt
exceeds $300, you agree to pay all reasonable expenses permitted by applicable law, including but not
limited to, court costs and attorney’s fees set by the court.
21. INDEMNIFICATION
At our request, Account Owner agrees to defend, indemnify, and hold harmless us and our parents, sub-
sidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors
against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (in-
cluding, without limitation, reasonable attorneys’ fees) that arise from Account Owner’s, Business Admin-
istrator’s, or any Authorized Users’ violation of this Agreement, applicable law, or any third-party rights
or Account Owner’s, Business Administrator’s, or any Authorized Users’ fraud or willful misconduct. We
reserve the right to assume the exclusive defense and control of any matter subject to indemnification by
Account Owner, in which event Account Owner will cooperate in asserting any available defenses.
For a copy of the procedures, to file a Claim or for other information about this organization, contact it at:
AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be
made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitra-
tion award may be entered in any court having jurisdiction.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any par-
ty; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any
other person or entity; or iv) closing of the Account. If any portion of this arbitration provision is deemed
invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT AC-
TIVATE OR USE THE ACCOUNT. EMAIL US AT HELP@MERCURY.IO TO CLOSE THE SPEND-
ING ACCOUNT AND REQUEST A REFUND, IF APPLICABLE.
DOCS/1975278.3