JAAA-CLIENTF-0001
Client Agreement & Contract
This Agreement constitutes the entire agreement
between JAA and the Principal Cardholder in relation
to all matters expressly and impliedly hereinafter
addressed and commences on the date of execution
below.
DEFINITIONS
1. In this Agreement:
"this Agreement" means the agreement between
Jamaica Automobile Association (JAA) and the
Principal Cardholder on the terms and conditions
hereinafter set forth as same maybe varied from
time to time in accordance with this Agreement,
which agreement has come into full force and effect
upon the execution of this Agreement by the
Principal Cardholder;
"JAA ADVANCE Card" means the credit card(s)
issued by JAA from time to time pursuant to this
Agreement, and any reference to "Card” is a reference
to a JAA ADVANCE Card;
"Card Account" means an account maintained by JAA in
relation to Card Transactions;
"Cardholder" means any person for whose use a
JAA ADVANCE Card has been issued by JAA;
"Card Transaction" means any transaction involving
the use of a JAA ADVANCE Card whereby goods,
money or services are transferred or rendered;
"Credit Limit" means the maximum debit balance
permitted on the Card Account as determined and
notified to the Principal Cardholder by JAA from time
to time;
"Designated Motor Vehicle" means the specific
motor vehicle or any other piece of equipment for
which a JAA ADVANCE Card is issued;
"Motor Vehicle Items" include fuel, lubricants,
batteries, tyres, motor vehicle parts and accessories
supplied for use in or on the Designated Motor Vehicle
and repairs to and maintenance of a Designated
Motor Vehicle;
"Principal Cardholder" means the contracting party
in whose name a Card Account is maintained;
“Principal Office of JAA” means 5a Central Avenue,
Swallowfield, Kingston 5 or any designated office
substituted therefor and communicated in writing;
"Transaction Limit" means the maximum
permitted monetary amount of any Card
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Transaction; the masculine form includes the feminine
and neuter forms and vice versa, and the singular
form, includes the plural form and vice versa.
USE OF CARDS
2. (i) JAA ADVANCE Card may only be used: (a)
subject to the terms and conditions of this
Agreement; (b) within the Credit Limit; (c) subject to
the right of JAA in its absolute discretion and without
prior notice at any time to withdraw the right to use
the Card or to refuse any request for authorization of
any particular Card Transaction and to publish
any such withdrawal or refusal; (d) within Jamaica.
(ii) JAA ADVANCE card may only be used to
purchase Motor Vehicle items in respect of the
Designated Motor Vehicle associated with the Card.
(iii) The Designated Motor Vehicle shall be presented
by the Cardholder to the seller of such goods and
services at the time of the sale. Failure to do so shall
not affect or prejudice in any way the Principal
Cardholder's obligations in respect of any Card
Transaction where this provision is not complied
with.
TRANSACTION LIMIT
3. i) The Transaction Limit will initially be set
at One Thousand Five Hundred Jamaican Dollars
($1,500.00) or such other limit as may be set by
JAA from time to time.
ii) The Transaction Limit may only be exceeded
where authorization is given to a vendor by JAA. This
authorization can be given electronically or manually
over the telephone. JAA may decline to give such
authorization where the Principal Cardholder has
exceeded the Credit Limit or JAA is unable to verify
the balance on the account.
PRINCIPAL CARDHOLDER OBLIGATIONS & Principal Cardholder's obligations in respect of
LIABILITIES
4. (i) The Principal Cardholder shall exercise all
possible care to ensure that the Card is not misused
and remains in the possession of an authorized
Cardholder. The Principal Cardholder shall ensure that
all persons authorized as Cardholder from time to time
are trustworthy and of sound character.
(ii)The Principal Cardholder shall immediately notify
JAA if: a) there is any actual or suspected loss, theft, or
misuse in any form, of the Card; b)there is any
immobilization or change in the ownership of a
Designated Vehicle; and c)There is any circumstance
which affects the authorized use of the card or
authority to dispense services in relation to any card.
Notification may be given orally but shall not be
effective until confirmed in writing to JAA at its
principal office within seven (7) days thereafter.
Failure to notify JAA in writing to its principal office
will result in the full liability of the Principal
Cardholder for any use of the card, notwithstanding
any circumstance or oral notification, up to receipt of
notice in writing to JAA.
(iii) The Principal Cardholder shall ensure
that the Cardholder gives JAA all information and
documents in the Cardholder's knowledge and
possession concerning the circumstances of any
actual or suspected loss, theft or misuse of a Card.
(iv) If a Card is reported as lost or stolen, the
Principal Cardholder shall take reasonable measures
to ensure that such Card is not subsequently used by
any servant or agent of the Principal Cardholder. The
Principal Cardholder understands and agrees that
they shall be liable for any such use subsequent to the
report of loss or theft. Where misuse of the Card is
reported, the Principal Cardholder must ensure that
the Card is cut in half and returned immediately to JAA
at its principal address and shall take reasonable
measures to ensure any remaining Cards and or
replacement Card issued is not misused.
(v) The fact that a Card Transaction results in the
Credit Limit being exceeded (or being further
exceeded) shall not affect or prejudice in any way the
such Card Transaction. The Principal Cardholder
shall immediately pay to JAA the full amount of the
debit balance on the Card Account in excess of the
Credit Limit. In calculating whether the Credit Limit has
been exceeded JAA may take into account the amount

of any Card Transaction not yet debited to the Card
Account and any authorization given by JAA to a third
party in respect of any prospective Card Transaction.
(vi) For the avoidance of doubt it is expressly
agreed and declared that the Principal Cardholder shall
be responsible and liable for all Card Transactions
notwithstanding any fraud, collusion or other
misfeasance on the part of any Cardholder or other
third party whatsoever.
vii) The Principal Cardholder undertakes and
agrees to honour all obligations and just debts, and to
pay all fees, rates and charges, incurred under this
Agreement and to comply with all deadlines specified
herein.
(viii) The Principal Cardholder shall be liable to
JAA for any losses or costs which JAA suffers as a
result of any breach of this Agreement by a
Cardholder.
ix) The liability of the Principal Cardholder to JAA
shall be restricted to two times the Credit Limit.
THE CARD ACCOUNT
5. JAA may debit the Card Account with - (i) the
amount of all Card Transactions, (ii) any other fees and
charges (and GCT thereon, if applicable) imposed by
JAA in connection with the JAA ADVANCE Card or the
Card Account, (iii) any interest charged to JAA on
debit balances on the Card Account under clause 6
below, (iv) any other loss or expense incurred by JAA
arising from the use of any Card, and (v) any other
liabilities of the Principal Cardholder under this
Agreement. The debiting of the Card Account (other
than debits in respect of JAA’ interest charges)
evidences the advance by way of loan from JAA (the
financier of any debt balance on the Card Account) to
the Principal Cardholder of the amount so debited,
and the amount of each such debit shall be repayable
by the Principal Cardholder with interest in accordance
with this Agreement. The Principal Cardholder is liable
to pay to JAA all amounts so debited, whether or not a
sale voucher or other acknowledgment is signed by
a Cardholder, unless the Principal Cardholder is able to
prove affirmatively that no Card Transaction
occurred which corresponds to the particular debit
contested.
6. (i) JAA will send a periodic statement (weekly, bi-
monthly or monthly) to the Principal Cardholder.
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The Principal Cardholder shall pay to JAA in full the
debit balance on the Card Account within fifteen
(15) days following the delivery of the statement in
accordance with this Agreement. The Principal
Cardholder shall also pay immediately to JAA any
outstanding excess over the Credit Limit, all arrears in
respect of unpaid debt balances from prior billing
periods, and the full amount of any Card
Transactions effected in breach of this Agreement.
(ii) Subject to any limitation imposed by statute,
all amounts debited to the Card Account and all
amounts transacted with the Card but not yet
debited to the Card Account and all other amounts due
under this Agreement will become immediately
payable in full by the Principal Cardholder: (a) if
an application is made to the Court for a bankruptcy
order in respect of the Principal Cardholder, or the
Principal Cardholder otherwise becomes a bankrupt; (b)
on the death of the Principal Cardholder; (c) if the
Principal Cardholder is a corporate body, a or charges imposed pursuant to this Agreement,
resolution is passed or a petition is presented for
it to be wound up, or a receiver is appointed over
all or any of its assets; (d) if the Principal
Cardholder ceases its business operations; (e) on the
demand in writing of JAA if there is any breach of this
Agreement by the Principal Cardholder or any other
Cardholder.
(iii) Any payment to JAA received before midday on
a banking day at the Principal Office of JAA shall take
effect on the date received. Any payment received by
JAA after midday on a banking day, or on a day
when banks are not open for normal business in
Kingston and Saint Andrew, shall take effect on the
next ensuing banking day. The Principal Cardholder
shall ensure that funds are available to meet any cheque
given to JAA in respect of the Principal Cardholder's
obligations under this Agreement.
(iv) If JAA is unable to produce or send a
statement, the Principal Cardholder's liability for
interest under clause 6 below shall continue and shall
not in any way be prejudiced or affected, and for the
purpose of establishing the date on which payment is
due from the Principal Cardholder under this
Agreement, JAA may select a date or dates each month
which shall constitute the monthly statement
dates for ensuing months.
JAAA-CLIENTF-0001
7. (i) Interest will be charged on a daily basis at the
rate of 3.5% per month on any debit balance on the
Card Account from time to time (both before and after
any judgment). JAA may from time to time based on
money market conditions vary the applicable rate of
interest charged on advances made for the account of
the Principal Cardholder pursuant to this Agreement.
Any change in the applicable rate of interest will take
effect fourteen (14) days' after JAA gives written notice
thereof to the Principal Cardholder. Interest charged
on debit balances on the Card Account shall be
compounded at monthly rests. Such interest is charged
by JAA as lender and shall be paid by the Principal
Cardholder as borrower to JAA.
(ii) No interest shall be paid nor shall any
allowance be made in respect of any credit
balance on the Card Account.
(iii) JAA may from time to time vary any fees
and may impose such other fees and charges as it
may consider necessary from time to time. Any
such variation or imposition shall take effect thirty
(30) days after JAA gives the Principal Cardholder
written notice thereof in accordance with this
Agreement (this does not apply to interest charges,
which are governed by clause 7(i) above). If the
Principal Cardholder is not in agreement with the
variation of fees and charges or the imposition of new
fees and charges, it shall be at liberty to terminate this
Agreement upon giving JAA thirty (30) days' written
notice of its intention to do so provided, that the
Principal Cardholder’s obligations under this
Agreement shall continue for as long as there is a
debit balance on the Card Account.
WITHDRAWAL OF USE OF CARD
8. (i) JAA may at any time, cancel or suspend the right
to use any Card, whether entirely or in respect of
specific facilities, or may refuse to re-issue, renew or
replace any Card, without in any case affecting the
Principal Cardholder's obligations under this
Agreement, which shall continue in full force and effect.
(ii) The Card shall be and remain the property of
JAA at all times. On JAA's request, all or any Cards
issued for use on the Card Account must be returned
immediately to JAA or to any other person authorized
to act for JAA.

TERMINATION
9. (i) The Principal Cardholder may terminate this
Agreement by giving 30 days' written notice to JAA but
such termination shall only be effective on the return
to JAA for cancellation of all Cards issued for use on the
Card Account (save Cards reported to JAA as lost or
stolen) and the payment in full of all of the liabilities
of the Principal Cardholder under this Agreement.
Until such termination, JAA may re-issue Cards from
time to time for use in accordance with this Agreement.
(ii) JAA may terminate this Agreement by giving
30 days' notice in writing to the Principal Cardholder.
(iii) The Principal Cardholder acknowledges that
it is responsible for monitoring the use and
whereabouts of the Cards issued for use on the
Card Account, and (without prejudice to the
generality of clause 12 below) the Principal Cardholder
shall indemnify JAA in respect of all expenses and
losses resulting from the use or mis-use of any
Card which has not been returned to JAA upon the
termination of this Agreement by the Principal
Cardholder. This indemnity shall subsist and continue
to bind the Principal Cardholder notwithstanding the
termination of this Agreement.
(iv) The termination of this Agreement shall not
affect or prejudice the validity and enforceability (both
before and after termination) of any accrued rights or
obligations arising under this Agreement. All such
rights and obligations surviving the termination of this
Agreement and continuing in full force and effect
thereafter, and, (without prejudice to the generality of
the foregoing) the obligation of the Principal Cardholder
to repay all debit balances on the Card Account arising
from time to time shall survive any termination of this
Agreement. In addition, the provisions as to burden of
proof and the other presumptions set forth herein shall
all survive the termination of this Agreement.
REFUNDS AND CARDHOLDER'S CLAIM
10. (i) The Card Account will only be credited with a
refund in respect of a Card Transaction if JAA
receives a refund voucher or other refund verification
acceptable to JAA. For the avoidance of doubt, it is
hereby declared and agreed that JAA shall not be
obliged to accept or respond to stop- payment
instructions or other instructions from a Cardholder
countermanding payment in respect of any Card
Transaction or any voucher unless and until a refund
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voucher or refund verification is received from the
supplier of the goods and/or services in question.
(ii) No claim by the Principal Cardholder or any
other Cardholder against a third party may be the
subject of any defence, right of set off, counterclaim or
cross-claim against JAA in relation to the obligations
owed by the Principal Cardholder under this
Agreement.
11. JAA shall not be liable in any way if a Card is
not honoured by a third party.
JAA’S RIGHT OF INDEMNITY
12. The Principal Cardholder hereby agrees, in
addition to and without prejudice to any other liability
of the Principal Cardholder to JAA under this
Agreement, to indemnify JAA in full and on demand in
respect of all moneys advanced by JAA for the account of
the Principal Cardholder, debited to the Card Account
and applied by JAA in payment to suppliers in
respect of Card Transactions involving the use of a Card.
The Principal Cardholder shall pay interest on the
amount of its liability to JAA under this indemnity at the
rate specified in clause 7 of this Agreement or such other
rate as JAA may from time to time charge thereon. This
indemnity shall subsist and continue to bind the
Principal Cardholder notwithstanding the termination
of this Agreement. Insofar as JAA incurs any liability
(contingent or otherwise) to any third party, or incurs
any cost, loss or expense in respect of any use of a Card,
the Principal Cardholder shall indemnify JAA on
demand in respect of the full amount of such
liability, cost, loss or expense. This indemnity shall
subsist and continue to bind the Principal
Cardholder notwithstanding the termination of this
Agreement.
VARIATION OF THIS AGREEMENT
13. JAA may from time to time vary this
Agreement (whether or not any or any similar variation
is made to the agreements with any other
cardholders), and each such variation shall take
effect and become binding on the Principal
Cardholder 30 days after JAA gives the Principal
Cardholder notice of such variation. Notice of any
such variation shall be given to the Principal Cardholder
by JAA either by notice in writing in accordance with this
Agreement or by publication of the relevant variation by
such means as JAA may select.
JAAA-CLIENTF-0001
GENERAL
14. JAA shall not be liable to the Principal
Cardholder or any other Cardholder if it is unable to
perform its obligations under this Agreement due
directly or indirectly to the failure of any machine, data
processing system, or transmission link, any industrial
dispute, or any cause beyond the reasonable control of
JAA.
15. Neither the Principal Cardholder nor any
other Cardholder, shall be liable to JAA for any delay
in the making of payment as due hereunder if it is
unable to promptly perform its obligations under this
Agreement due directly or indirectly to any force
majeure (an event which is beyond the reasonable
control of a party, and which makes a party's
performance of its obligations hereunder impossible
or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not
limited to, war, riots, civil disorder, strike, earthquake,
fire, explosion, storm, flood or other adverse weather
conditions).
16. All notices hand delivered or sent by ordinary
mail to the Principal Cardholder's address as set forth
below (or any other address in Jamaica notified in
writing by the Principal Cardholder to JAA) will be
deemed to have been effectively delivered to and
served on the Principal Cardholder on the date of
delivery by bearer or, as the case may be, three days
after the date of posting in any post office in
Jamaica. The Principal Cardholder shall immediately
notify JAA in writing of any change in its address from
time to time.
17. Any other facilities or benefits made available
by or through JAA to Cardholders as such and not
forming part of this Agreement may be withdrawn
at any time without notice.
18. JAA may with the written consent of the
Principal Cardholder disclose any information in
respect of any Cardholder supplied in connection
with or arising in any way out of this Agreement
(including copies of this Agreement and any Card
Account and correspondence arising out of this
Agreement) to any credit reference agency.
19. This Agreement may not be assigned by the
Principal Cardholder.

20. It is hereby expressly understood and agreed
that the supplier of goods and services to a
Cardholder acts as a principal on its own account and
shall not be deemed to be agent of JAA, and JAA
shall not in any circumstances whatsoever be liable
in any way in respect of any defective goods and/or
services purchased with a Card. It is understood and
agreed that any loss or expense to the
Principal Cardholder which results from the
incorrect or inadequate making up of the credit
receipt (being the record of each Card Transaction
which is to be signed by the Cardholder and which
is used by JAA in debiting the Card Account, or as
evidence that the card account has been debited) in
respect of a Card Transaction shall, as between the
Principal Cardholder and JAA, be for the account of and
be borne by the Principal Cardholder.
I/We hereby agree to be bound by the above terms and conditions and confirm that such terms and conditions shall govern my/our legal relationship with Jamaica Automobile
Association Limited (JAA) with respect to the matters expressly and impliedly set forth in the above terms and conditions.
PRINCIPAL CARDHOLDER:
(COMPANY NAME)
COMPANY TRN #:
NAME & TITLE
(PLEASE PRINT)
NAME & TITLE
(PLEASE PRINT)
WITNESS NAME & SIGNATURE
ADDRESS FOR NOTICES
On behalf of Jamaica Automobile
21. In the event of any dispute arising between the
parties in relation to this Agreement and same not
being amicably settled within thirty (30) days, either
party may give fourteen (14) days’ notice writing and
submit the dispute to mediation and, in the event
that such dispute is not resolved within thirty (30)
days of its submission to mediation, either party
may submit the dispute to Arbitration under the
provisions of the Arbitration Act or any statutory
modification or re- enactment thereof by a single
arbitrator to be appointed by agreement between
the parties or, failing agreement, by the President of
the Jamaica Bar Association.
22. The section headings in this Agreement are
intended solely for convenience of reference
and shall be given no effect in the construction or
interpretation of this Agreement.
DATE (dd/mm/yyyy)
SIGNATURE
SIGNATURE
in the presence of: Association Limited (JAA) by:
JAAA-CLIENTF-0001
22. No delay, omission or forbearance in exercising any
right or remedy under this Agreement on any one or
more occasion shall operate as a waiver thereof and no
single or partial exercise of any right or remedy shall
preclude any other exercise thereof or the exercise of
any other right or remedy.
23. If any portion of this Agreement is unenforceable in
whole or in part, such holding will not affect the
validity of the remaining enforceable portion of the
provisions or any other provisions of this Agreement.
24. By their signatures the parties acknowledge that
they have read and understood and accepted the said
terms and conditions herein.
25 This Agreement is governed by Jamaican law
and shall be subject to the jurisdiction of the
Jamaican Courts.