Terms and Conditions/Definitions for the Shift Visa® Debit Card
Read this Agreement and retain it for your records. This Cardholder Agreement (“Agreement”) applies to the Shift Visa Debit Card (“Card”) and outlines the terms and conditions or the associated uses, responsibilities and liabilities of you (the “Cardholder”). Shift Visa Debit Card is issued by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa USA, Inc. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank ©2014. By accepting and/or using the Card, you agree to be bound by the terms and conditions of the Cardholder Agreement and the applicable Fee Schedule. “Shift” (“Shift”) means an ISO of the Issuer and the Program Manager for your Card. Metropolitan Commercial Bank is the Issuer of 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. “Partner” means a third party, Bank Secrecy Actregulated company and/or its bank in which you hold or store value for use via the Card. “Partner Funding Account” means your Partner account in which you hold or store value and from which you access value for use via the Card. You acknowledge and agree that the value available to spend via the Card is limited to the funds that you have loaded into your Partner Funding Account or have been loaded into the Partner Funding Account on your behalf. By loading funds through a participating Partner, you agree to abide by the terms and conditions of each such Partner. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a Debit Card. The Card is not a credit card. The Card is not for resale. 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. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise. Write down your 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.
Important Information About Procedures For Opening A New Card
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Card, we will ask for your name, address, date of birth, social security number or country identification number, and other information that will allow us to identify you. We may also ask to see your driver's license or other documentation bearing your photo as verification of your identity. By participating in the Card program, you warrant factual representation of the required information, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number, date of birth, and telephone number, is accurate. If you falsify, misrepresent, or fail to provide requested information, we may cancel your Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially Federal investigation. We reserve the right to restrict or delay your access to any such funds.
A one-time, card issuance fee may apply.
Activate Your Card
You must activate your Card before it can be used. You may activate your Card using Shift’s mobile application or by calling 1-800- 897-0717. You may need to provide personal information in order to verify your identity.
Personal Identification Number
A Personal Identification Number (“PIN”) is pre-associated with your Card. The PIN is set to the last four digits of the telephone number that you used to register for the Card. You may call 1-800-897-0717 at any time to reset your PIN. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that 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.”
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 your Card according to the terms and conditions of this Agreement.
You may not request an additional Card for another person.
Your Representations and Warranties
By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you are a U.S. citizen or legal alien residing in the United States or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.
With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant that bears the Visa®, Interlink®, Plus®, or STAR® Acceptance Mark. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM. You may conduct five ATM withdrawals per day and the maximum cumulative amount that may be withdrawn from an ATM per day is $750.00. In addition to our limits, an ATM owner or operator may impose additional withdrawal limits. You may conduct up to five withdrawals from a POS device or through a participating bank (over the counter withdrawal) per day and the maximum cumulative amount that may be withdrawn from a POS device or through a participating bank is also limited to $750.00 per day. Your actual daily withdrawal limit may vary depending on our experience with you. Your daily withdrawal limit is subject to periodic review and is subject to change based on your Card activity and other factors. Shift retains sole discretion to apply and change this limit.
Using Your Card/Features
You may conduct ten POS purchase transactions per day using your Card. The maximum POS purchase amount that can be spent on your Card per day is $10,000.00 (the “Daily Limit”), of which $750.00 can be withdrawn from an ATM and $750.00 can be withdrawn using a POS device for a maximum cash withdrawal of $1,500.00. Your actual daily maximum spend limit may vary depending on our experience with you. Your daily maximum spend limit is subject to periodic review and is subject to change based on your Card activity and other factors. Shift retains sole discretion to apply and change this limit.
You may use your Card to purchase or lease goods or services everywhere Visa debit cards, Interlink cards, or STAR cards are accepted as long as you do not exceed the value available on your Card. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay 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 Card to the Card. 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 Card, your Card is likely to be declined for insufficient funds.
If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $75.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a “hold” on your funds against both your Daily Limit and your Partner Funding Account balance until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.
Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of your Partner Funding Account, you shall remain fully liable to us for the amount of the transaction and any applicable fees.
You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.
Non-Visa Debit Transactions
New procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past, transactions have been processed as Visa® debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as a STAR® transaction.
Merchants are responsible for, and must provide you with, a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the STAR network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the STAR network. Please refer to the paragraph labeled “Your Liability for Unauthorized Transfers” for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions.
To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.
Returns and Refunds
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 Partner Funding Account for such refunds and agree to the refund policy of that merchant. The amounts credited to your Partner Funding Account may not be available for up to five (5) days from the date the refund transaction occurs. Neither the Issuer nor Shift is responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.
If you need to replace your Card for any reason, please contact us at 1-800-897-0717 to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. A card replacement fee may apply.
Transactions Made In Foreign Currencies
If you obtain your funds or make a purchase in a currency other than USD or the currency available in your Partner Funding Account, the amount deducted from your funds will be converted by Visa into a USD amount. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a currency other than USD or the currency or the currency available in your Partner Funding Account, the Issuer may assess a foreign currency conversion fee of up to 3% of the total transaction amount. Transactions made outside of the 50 United States, District of Columbia and all US Territories (Puerto Rico, Guam, Northern Marianas, the U.S. Virgin Islands, and American Samoa) are subject to this conversion fee even if they are completed in U.S. currency. USD transactions made within the 50 United States, District of Columbia and all US Territories (Puerto Rico, Guam, Northern Marianas, the U.S. Virgin Islands, and American Samoa) are not subject to a conversion fee.
You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.
Partner Funding Account Balance/Periodic Statements
You are responsible for keeping track of your available Partner Funding Account balance. Merchants will not be able to determine your available balance. It’s important to know your available balance before making any transaction. You may obtain information about the amount of money you have available in your Partner Funding Account by using the Shift mobile application. This information, along with a sixty (60) day history of Card transactions, is always available using the Shift mobile application. You also have a right to obtain a sixty (60) day written history of Card transactions by emailing email@example.com or by calling (800) 897-0717. You will not automatically receive paper statements. If paper statements are requested, monthly fees will apply (see below).
All fee amounts will be withdrawn from your Partner Funding Account and will be assessed as long as there is a remaining balance in your Partner Funding Account, except where prohibited by law. Anytime your remaining Partner Funding Account balance is less than the fee amount being assessed, all subsequent transactions will be declined until the Partner Funding Account has been reloaded with sufficient funds. Shift will notify you if your Partner Funding Account balance is less than the fee amount being assessed and will request that you deposit additional funds to your Partner Funding Account. If this occurs, any subsequent deposits into your Partner Funding Account will first be applied to the negative balance. Once outstanding fees have been collected, you may continue to engage in Card transactions.
|Plastic Card Issuance Fee:||$10.00|
|Customized Card Issuance Fee:||Up to $100.00 depending on the type of card requested (pricing provided upon request)|
|Domestic Cash Withdrawal Fee (applies to both ATM and Over The Counter “OTC” withdrawals):||$2.50 (per transaction)|
|International Cash Withdrawal Fee* (applies to both ATM and Over The Counter “OTC” withdrawals):||$3.50 (per transaction)|
|International Transaction Fee*:||3% of total* (per transaction)|
|Card Replacement Fee:||$10.00 (per Card issued)|
|Paper Statement Fee:||$3.00 (per statement)|
*Applies to total dollar amount of any signature or PIN POS purchase made outside of the United States and all US Territories (Puerto Rico,
Guam, Northern Marianas, the U.S. Virgin Islands, and American Samoa).
If you use an ATM, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Card.
We may disclose information to third parties about your Card or the transactions you make:
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of your Card for a third party, such as merchant;
- In order to comply with government agency, court order, or other legal or administrative reporting requirements;
- If you consent by giving us your written permission;
- To our employees, auditors, affiliates, service providers, or attorneys as needed; or
- Otherwise as necessary to fulfill our obligations under this Agreement.
Our Liability for Failure To Complete Transactions
If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
- If a merchant refuses to accept your Card;
- If an ATM where you are making a cash withdrawal does not have enough cash;
- 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;
- If access to your Card has been blocked after you reported your Card lost or stolen;
- If there is a hold or your funds are subject to legal or administrative 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 completion of the transaction, despite reasonable precautions that we have taken; or
- Any other exception stated in our Agreement with you.
Lost or Stolen Cards/Unauthorized Transfers
Contact us at once if you believe your Card or PIN has been lost or stolen. Blocking your Card using Shift’s mobile application is the best way to minimize your possible losses. You can also call us at 1-800-897-0717 or email firstname.lastname@example.org or write us immediately at Shift Payments, P.O. Box 595, San Francisco, CA, 94104 if you believe an electronic transfer has been made using the information from your Card or PIN without your permission.
Your Liability for Unauthorized Transfers
You agree to exercise reasonable control over your PIN(s); user ID(s); and password(s) and any other access code(s) related to your Partner Funding Account(s), Card(s) and Card number(s). Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe than an electronic fund transfer has been made without your permission. Also, if your transaction history shows transfers that you did not make, including those made with your Card or Card number, or you believe an electronic transfer has been made without your permission, tell us at once. Contacting us by phone at 1-800-897-0717 or by email at email@example.com are the best ways to minimize your possible losses. If you tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50.00 if someone used your Card or PIN without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.00. If you do not tell us within sixty (60) days after the earlier of the date you electronically access your Partner Funding Account or the date we sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good, documented, reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. The following provisions of this Section apply to all Cards: You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card or PIN(s). You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Card(s) or PIN(s), but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) to prevent future losses. If you share your Card(s) or PIN(s) with another person, use of your Card by that person may be considered as authorized. If you authorize another person to use your Card or PIN(s), you agree that you will be liable for all transactions arising from use of the Card or PIN(s) by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. Visa’s Zero Liability policy covers U.S.–issued Cards only and does not apply to ATM transactions, PIN transactions not processed by Visa, or certain commercial card transactions. Cardholder must notify us promptly of any unauthorized use.
Other Miscellaneous Terms
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 any time. 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 New York except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms and conditions of this 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. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Information About Your Right to Dispute Errors
In case of errors or questions about your electronic transactions, call 1-800-897-0717 or email firstname.lastname@example.org or write us immediately at Shift Payments, P.O. Box 595, San Francisco, CA, 94104 if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1-800-897-0717 or by email at email@example.com. You will need to tell us:
- Your name and the last 4 digits of your Card number;
- Why you believe there is an error, and the dollar amount involved; and
- Approximately when the error took place.
If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days (5 business days for Visa Point-of Sale unauthorized debit transactions). We will determine whether an error occurred within ten (10) business days (5 business days for Visa Point-of Sale unauthorized transactions) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Partner Funding Account within ten (10) business days (5 business days for Visa Point-of Sale unauthorized debit transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days (5 business days for Visa Point-of Sale unauthorized debit transactions), we may not credit your Partner Funding Account.
For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Cards, we may take up to twenty (20) business days to credit your Partner Funding Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation and debit your Card for any amount that was provisionally credited after the error was reported. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, call us at the telephone number shown above or email us at firstname.lastname@example.org.
English Language Controls
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 provided in the original English Cardholder Agreement.
For customer service or additional information regarding your Card, please contact us at 1-800-897-0717 or email email@example.com or by writing to us at Shift Payments, Attn.: Customer Service, P.O. Box 595, San Francisco, CA, 94104.
Customer Service agents are available to answer your calls Monday-Friday 10am-6pm PST.
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 or Services as Applicable
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) the Cards of any additional cardholders designated by you, if applicable; iv) your purchase of the Card; v) your usage of the Card; vi) the amount of available funds via the Card; vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; viii) the benefits and services related to the Cards; or ix) a transaction on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 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 arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or iv) the expiration of the Card. 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 ACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL US AT 1-800-897-0717 TO CANCEL YOUR CARD AND TO REQUEST A REFUND.
Shift Visa Debit Card is issued by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa USA, Inc. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank ©2015.
This Cardholder Agreement is effective 11/2015.