Silverton Bank, N.A. Prepaid Giftcard Cardholder Agreement (Effective January 13, 2009))
Read this Prepaid Giftcard Cardholder Agreement carefully and keep it for future reference. Be sure to provide the Prepaid Giftcard recipient this Cardholder Agreement. This Prepaid Giftcardis a prepaid gift card issued by Silverton Bank, N.A. The Prepaid Giftcard is not connected in any way to any other account. The Prepaid Giftcard is not a credit card and will not enhance your credit rating. The Prepaid Giftcard is not for resale. You will not receive any interest on your funds on the Prepaid Giftcard. The funds on the Prepaid Giftcard are not insured by the FDIC or any other federal or state agency. Signing the back of the Prepaid Giftcard, using the Prepaid Giftcard, or allowing someone else to use the Prepaid Giftcard, means that you accept this Cardholder Agreement and you are responsible for all transactions. In this Cardholder Agreement the terms “we”, “us” and “our” mean Silverton Bank, N.A. and “you” or “your” mean anyone who has received the Prepaid Giftcard or is authorized to use it. You should always keep a record of your Prepaid Giftcard number and the customer service phone number provided herein in case of loss or theft. This Prepaid Giftcard may be used at any merchant that accepts MasterCard® debit cards. We may decline authorization for any illegal transaction, including, but not limited to any Internet gambling transaction. You agree not to use your Prepaid Giftcard for online gambling or any illegal transaction. This is not a reloadable card so additional value cannot be added to this Prepaid Giftcard. All transactions will be declined once the balance on this Prepaid Giftcard reaches zero (0).
Silverton Bank, N.A. Fees
There are no fees when using the Prepaid Giftcard to purchase goods and services. The following Silverton Bank, N.A. fees may apply and will be deducted from the balance available on the Prepaid Giftcard, except where prohibited or modified by applicable law:
- Activation Fee: The table below sets forth the maximum activation fee per Prepaid Giftcard paid by the purchaser at time of purchase. In certain states, this activation fee may be less than the fee amount set forth below but it will never exceed such amount.
Prepaid Giftcard Fee $50 Standard Card $3.88 $100 Standard Card $5.38
- Re-Issuance Fee: We charge a $5.95 fee to reissue or replace the Prepaid Giftcard for any reason. No Re-Issuance Fee applies if the Prepaid Giftcard is purchased in New Hampshire or Vermont or in any other state where such fees are not allowed. We reserve the right to require an affidavit and conduct an investigation into the validity of any request for a replacement card.
- Foreign Currency Exchange Rate and Fee: If a transaction is made in a currency other than U.S. Dollars, the amount of any transaction in a foreign currency will be converted by MasterCard International Incorporated to U.S. Dollars. The MasterCard Rules as in effect at the time of the conversion determine the exchange rate for the transaction. As of the effective date of this Cardholder Agreement, the amount of your transaction in dollars, if processed through MasterCard International Incorporated, will be the sum of (i) the amount of the foreign currency times either (a) a rate selected by MasterCard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate MasterCard International Incorporated itself receives, or (b) the government-mandated rate in effect for the applicable central processing date; plus (ii) a foreign currency conversion fee equal to three (3) percent of the dollar amount determined under clause (i). The three (3) percent fee may be assessed on any transaction in which the merchant is located in a country other than the U.S., even if the transaction does not require currency to be converted.
Using This Prepaid Giftcard
The maximum value of your Prepaid Giftcard is identified on the front of the Prepaid Giftcard. The Prepaid Giftcard may be used when making purchases from merchants that accept MasterCard debit cards. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and paying the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Prepaid Giftcard to the Prepaid Giftcard. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Prepaid Giftcard, your Prepaid Giftcard is likely to be declined. The Prepaid Giftcard may not be refunded or exchanged for cash or credit. At the time of each purchase using the Prepaid Giftcard, you will be asked to sign a receipt for the transaction. The dollar amount of the purchase will be deducted from the value of the Prepaid Giftcard. Some merchants (such as restaurants and salons) will obtain an authorization/approval on the Prepaid Giftcard for an amount up to twenty (20) percent or more than the total bill to cover any tip or gratuity that you may add to the purchase. Hotels, car rental agencies, and gas stations may also secure an authorization/approval on the Prepaid Giftcard in excess of the estimated purchase amount to ensure that adequate funds are available to cover the final purchase. The entire amount of the authorization/approval will remain unavailable until the actual transaction posts to your Prepaid Giftcard (typically within three (3) business days), although only the amount you actually authorize will be deducted from the value of the Prepaid Giftcard.
You are responsible for all authorized transactions initiated and fees incurred by use of your Prepaid Giftcard. If you permit another person to have access to your Prepaid Giftcard or Prepaid Giftcard 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 Prepaid Giftcard according to the terms and conditions of this Cardholder Agreement.
You may not request an additional Prepaid Giftcard for another person.
Personal Identification Number
You will not receive a Personal Identification Number ("PIN") with your Prepaid Giftcard.
You may not use your Prepaid Giftcard to obtain cash from an Automated Teller Machine ("ATM"), Point-of-Sale ("POS") device, or by any other means. You may not use your Prepaid Giftcard at an ATM.
Loading Your Prepaid Giftcard
Additional funds may not be added to your Prepaid Giftcard. Your Prepaid Giftcard is non-reloadable.
Transactions that exceed the remaining Prepaid Giftcard balance are prohibited and may be declined at the POS. If, notwithstanding an insufficient balance, an authorization is received by the merchant or the merchant uses other means to proceed with the transaction then you agree to reimburse us for any amount in excess of the Prepaid Giftcard balance for such a transaction. For security reasons, we may limit the number or amount of transactions you can make with the Prepaid Giftcard. You do not have the right to stop payment on any purchase or payment transactions that you originate through the use of the Prepaid Giftcard.
Customer Service/Balance Inquiries
To check the available balance on the Prepaid Giftcard, review recent transactions, or obtain any other customer service at no charge, you may visit www.getcardbalance.com or call 1-800-680-5938 anytime, twenty-four (24) hours a day, seven (7) days a week.
Returned or Exchanged Merchandise
You agree that Silverton Bank, N.A. and MasterCard International Incorporated, and their affiliates, employees, and agents, including but not limited to our processor, Interactive Communications International, Inc. ("InComm") and its affiliates, employees, and agents, are not responsible for the services or merchandise purchased with the Prepaid Giftcard or any damages resulting directly or indirectly from the use of the Prepaid Giftcard. If you have a problem with merchandise or services purchased with a Prepaid Giftcard, that problem needs to be adjusted and resolved with the merchant at whose establishment the transaction was made. Exchange or return of merchandise purchased in whole or in part with the Prepaid Giftcard will be governed by the procedures and policies of each merchant and applicable law. At the time of any exchange or return, you should represent both the merchandise receipt and the Prepaid Giftcard. If you receive a credit, the credit may not be added to the available funds on the Prepaid Giftcard for seven (7) business days.
You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipts to verify your transactions.
Error Resolution Procedures
In case of any other errors with respect to your Prepaid Giftcard, call Prepaid Giftcard Services immediately at 1-800-680-5938. You must call within thirty (30) days of the date of the transaction. If you need more information about error resolution procedures please call Prepaid Giftcard Services at 1-800-680-5938.
We may require that you send the complaint or question in a signed affidavit, within ten (10) business days. Generally, we will tell you the results of the investigation within ten (10) business days after hearing from you and will correct any error promptly. If we need more time, however, it may take up to forty-five (45) calendar days to investigate your complaint or question. For errors involving a new Prepaid Giftcard, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question.
Card Replacement/Liability for a Lost/Stolen Prepaid Giftcard or Unauthorized Transaction
The Prepaid Giftcard can be replaced for any reason. However, there are certain restrictions that must be met before we can replace your Prepaid Giftcard in certain circumstances. You should call 1-800-680-5938 immediately to report a Prepaid Giftcard lost or stolen. You will be required to provide your name, the Prepaid Giftcard number, original value, and transaction history. We reserve the right to require an affidavit and conduct an investigation into the validity of any request. Under MasterCard Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period.
We will charge a Re-Issuance Fee in the amount shown in the section of this Cardholder Agreement captioned “Silverton Bank, N.A. Fees” for any reissued or replaced Prepaid Giftcard,which will be deducted from the balance on the Prepaid Giftcard. A reissued Prepaid Giftcard may take up to thirty (30) days to process although we will endeavor to provide you with a reissued Prepaid Giftcard in as timely a basis as is reasonable under the circumstances.
Disclosure of Information to Third Parties
We may disclose information to third parties about your Prepaid Giftcard or the transaction you make:
- where it is necessary for completing transactions;
- to verify the existence and condition of your Prepaid Giftcard to a third party;
- to utilize services of third parties and affiliate entities who assist us in providing the Prepaid Giftcard and related services;
- to comply with government agency rules or court orders;
- if you give us your permission;
- if you owe us money or there are legal proceedings in connection with your Prepaid Giftcard, in which case, information may be released to attorneys, accountants, collection bureaus, financial institutions, and other involved in collection, adjustment, settlement or reporting;
- to protect against potential fraud and other crimes; or
- when otherwise permitted by law. We may also share information about you and your Prepaid Giftcard, based on our transactions and experiences with you, with our parent, affiliate and subsidiary companies, and with InComm and its affiliates.
Liability for Failure to Complete Transactions
Silverton Bank, N.A. may be liable for failure to complete transactions. We will not be liable under certain circumstances, however, such as:
- If through no fault of ours, you do not have enough money on the Prepaid Giftcard to cover a transaction;
- If a merchant refuses to accept your Prepaid Giftcard;
- If the transaction would exceed your available funds;
- If the terminal or system was not working properly;
- If access to your Prepaid Giftcard has been blocked after you reported your Prepaid Giftcard lost or stolen;
- If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
- If we have reason to believe the requested transaction is unauthorized;
- If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the transaction, despite reasonable precautions that we have taken;
- If the merchant authorizes an amount greater than the purchase amount; or
- If there are other exceptions stated in these terms and conditions or provided by law.
The Prepaid Giftcard plastic is valid through the expiration date shown of the front of the Prepaid Giftcard or until the value on the Prepaid Giftcard reaches zero, except where prohibited or modified by applicable law. Prior to expiration you can apply the unused balance on your Prepaid Giftcard toward purchase of a new Prepaid Giftcard (the Re-Issuance Fee set forth above will apply). When the Prepaid Giftcard expires it will be closed and any unused balance will be handled according to applicable law. If there is a balance remaining after the expiration date, you can call 1-800-680-5938 to request that a new Prepaid Giftcard be issued as allowed in accordance with applicable law. The new Prepaid Giftcard will have a value equal to the remaining balance of the expired Prepaid Giftcard minus a Re-Issuance Fee in the amount shown in the section of this Cardholder Agreement captioned "Silverton Bank, N.A. Fees" The expiration date on the new Prepaid Giftcard will be at least twenty-four (24) months from the date of reissue, but may be longer if required by law.
Silverton Bank, N.A. may revoke the Prepaid Giftcard at any time without cause or notice. You must surrender a revoked Prepaid Giftcard and may not use it to make purchases. Any remaining balance will be sent to you by check as long as you return the Prepaid Giftcard to Vanilla MasterCard Gift Card Customer Service, PO Box 826, Fortson, GA 31808, and provide your name and address. Silverton Bank, N.A. reserves the right to refuse to return any unused balance amount less than $1.00.
Internet, Mail, and Phone Order Purchases
Internet, mail, and phone order purchases may require that we have the zip code of the Prepaid Giftcard owner on file. If you wish to make Internet, mail, or phone order purchases, ou will need to go to www.getcardbalance.com and enter your zip code prior to performing an Internet, mail, or phone order transaction.
No Warranty Of Availability Or Uninterrupted Use
From time to time Prepaid Giftcard services may be inoperative, and when this happens, you may be unable to use your Prepaid Giftcard or obtain information about your Prepaid Giftcard Account available balance. Please notify us at the Customer Service stated herein if you have any problems using your Prepaid Giftcard. You agree that Silverton Bank, N.A., InComm, and MasterCard International Incorporated are not responsible for any interruption of service.
Website and Availability
Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of natures, labor disputes and armed conflicts. You agree to act responsibly with regard to the website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the websites systems and integrity.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any "computer viruses" that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
Your Prepaid Giftcard and your obligations under this Cardholder Agreement may not be assigned. We may transfer our rights under this Cardholder Agreement. Use of your Prepaid Giftcard 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 Cardholder 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 Cardholder Agreement shall not be affected. This Cardholder Agreement will be governed by the law of the State of Georgia except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms and conditions of this Cardholder Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. The current Cardholder Agreement is available at www.getcardbalance.com
In the event that your Prepaid Giftcard Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address designated by you. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.
Section headings in this Cardholder Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Cardholder Agreement.
English Language Controls
Any translation of this Cardholder Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
For all customer service information regarding the Prepaid Giftcard, please contact:
Vanilla MasterCard® Gift Card Customer Service
P.O. Box 826
Fortson, Georgia 31808
This Cardholder Agreement is effective 01/2009