DASH Prepaid MasterCard - Companion Card Agreement
This Dash Prepaid MasterCard® (“Dash MasterCard) Companion Card Agreement, including the Schedule of Fees and Charges (collectively referred to as this “Agreement”), sets forth the terms of your Dash MasterCard Account. Please read it carefully and retain it for your records. Your Dash MasterCard Companion Card Account Agreement is issued by Sunrise Banks, N.A. St. Paul, MN 55103, Member FDIC pursuant to a license from MasterCard ®. Company shall be responsible for notifying Cardholders of the relevant terms applicable to their Card use and for ensuring that each Cardholder complies with the terms and conditions set forth in this Agreement.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD ACCOUNT:
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each entity or person who opens a Companion Card account. When a Companion Card Account is opened on behalf of Company, you will be asked to provide personal information which may be collected from Company’s principal owners and Companion Cardholders including, but is not limited to; name, address, phone number, date of birth, social security number, driver’s license and/or passport.
- In this Agreement, the words “you” and “your” means the Companion Card Registrant issued a Dash MasterCard Account Number associated with the Company’s Dash MasterCard Primary Account.
- “We”, “us”, “our” and the “Bank” mean Sunrise Banks, N.A., the issuer of the Card.
- “Authorized Card Servicer” means Karmic Labs, Inc. the servicer for the Dash MasterCard program, and its successors, affiliates, licensees or assignees. Any request for a Card or Card Account will be processed by the Authorized Card Servicer, acting on behalf of the Bank.
- “Company” means the commercial business who qualified for and opened the Card Account and owns the funds in the Primary Account and associated Companion Cards issued to you, its employee. Company must be a commercial business and may be an individual operating as a sole proprietorship, partnership, limited liability company, trust or other form of commercial entity authorized by applicable law. The owners or principals of the commercial business must also personally guaranty and be personally liable for all transactions associated with the Primary Account and all associated Companion Cards. . All such guaranties are unlimited and joint and several in the case Company has multiple owners or principals.
- “Primary Account Owner” means the person opening the Dash MasterCard Account and authorized by Company in writing to open and close the Dash MasterCard Account and associated Companion Cards, add or remove Company Trusted Agents whom, like the Primary Account Owner, will , obtain Primary Account information, load the Primary Account, transfer or allocate funds to registered Companion Cards and to take all other administrative actions on behalf of Company in connection with the Primary Account as contemplated by this Agreement.
- “Trusted Agents” means any person registered and assigned to the Primary Account at the request of the Primary Cardholder and authorized by Company to load the Primary Account, transfer or allocate funds to registered Companion Cards and to take all other administrative actions on behalf of Company in connection with the Primary Account as contemplated by this Agreement.
- “Companion Cards, Companion Cardmembers” are members of the Company and who will be issued his or her own Dash MasterCard linked to * e Company’s Primary Account.
• “Card” means the DASH Commercial Prepaid Card(s) issued by us to Cardholders and linked to Company’s Primary Account.
- “Card Account” means the Sunrise Banks, N.A. custodial and sub-accounts linked to your Companion Card(s) or its associated account number and refers the Primary Account and/or Companion Card Account(s).
- “Primary Account” means the Account issued to the Primary Account Registrant and its Trusted Agents and “Primary Account” means the Account linked to all Companion Cards.
- “Account Number” means the 16-digit number used to identify the Primary Account and or each of the issued Companion Card Accounts.
- “Card Number” means the 16-digit number embossed on your Card.
- “Business days” are Monday through Friday, excluding federal holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open.
- “PIN” means personal identification number.
- “Access Information” means collectively your PIN, online user name, password, challenge questions, and any other security information used to access your Card Account.
- “Website” means the DASH Card website accessible at https://getdash.io.
Agreement to Terms.
By activating or using the your issed Companion Card (see “Activating Your Companion Card” below), you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement or do not want to use the Comapnion Card, please destroy the Companion Card at once by cutting it in half and call us at 1 (866) 626-3945 to cancel your Companion Card Account. When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. The terms of this Agreement are subject to amendment at any time in accordance with Cancellation and Suspension section below.
Card and Card Account Description.
The Companion Card Account is a prepaid card account made available to Company’s designated Companion Cardholders for commercial business purposes. The Companion Card(s) allows Companion Cardholders to access funds loaded or deposited to the Companion Card Account by the Primary Account Owner or any Trusted Agents that has been authorized by Company to load funds to the Companion Card Account. The Companion Card Account does not constitute a checking or savings account. The Companion Card is not a gift card, nor is it intended to be used for gifting purposes. The Companion Card is not a credit card. Company will not receive any interest on the funds in the Companion Card Account. The funds in the Companion Card Account will be FDIC-insured for the benefit of Company once we have been able to verify Company’s identity. . The Companion Card will remain the property of the Bank and must be surrendered upon demand. The Companion Card is nontransferable and may be canceled or revoked at any time without prior notice except as required by law.
Business Use Only.
This Companion Card Account is to be used solely for business purposes and may not be used for consumer or household purposes. By using the Companion Card or providing the Companion Card Number to any person, you represent and warrant to us that use of the Companion Card is solely for business purposes.
The Primary Account Owner and its Trusted Agents have the sole discretion in requesting the opening and closing of Companion Card Accounts. Each Companion Card will consist of a branded Dash MasterCard Account which is to be funded through the Primary Account only and which is to be used for business related purchases only. The Companion Card must be assigned to a member associated to the Company and will authorized to make changes to select information (Address, Telephone Number, Email and PIN) associated with their Companion Card Account with or without the prior consent of either the Primary Account Owner or the Company’s Trusted Agents. The Company is the owner of all funds in the Companion Card Account at all times and Companion Cardholder agrees that the Companion Card shall only be used as authorized by Company.
Activating Your Companion Card.
All confirmed Companion Card Registrants will be issued a personalized Dash MasterCard sent in the mail to Company within 10-12 Business Days of submitted application. A personalized Card can be expedited to you in 1-2 days upon request and payment of an additional fee, if applicable (see Schedule of Fees and Charges below). You cannot use your Dash MasterCard until it has been activated by logging into our Authorized Service Provider website (https://getdash.io) or by calling 1 (866) 626-3945.and follow the instructions provided. As part of the activation, you will be required to provide the last four digits of your Social Security Number, date of birth, zip code, and the Card’s expiration date. Although no credit history is required to open a Companion Card Account, you authorize us to obtain information about you from time to time from credit reporting agencies, your employers and other third parties for our internal processes.
Using Your Card.
After you receive your Companion Card you may use it to purchase goods and services everywhere in the United States and International, where MasterCard cards are accepted.. If you do not have enough funds available on your Companion Card, you can instruct the merchant to charge a part of the purchase to the Companion Card and pay the remaining amount with other funds. These are called “split transactions,” and some merchants do not permit them. If you make a purchase without presenting the Companion Card (such as for internet, mail or phone order purchases), the legal effect will be the same as if you used the Companion Card itself. With your PIN, you may also use your Companion Card at merchants requiring PIN entry transactions as part of a point-of-sale (“POS”) transaction.
Each time you use the Companion Card to purchase goods or services, you authorize us to reduce the value available on the Companion Card by the amount of the transaction plus applicable fees, if applicable. Any transaction that is completed using the correct signature, or with the correct entry of the designated PIN number, will be considered an authorized transaction. Company will be liable for all transactions arising from any use of the Companion Card(s). If any Companion Cardholder is permitted to use the Card, Company will be responsible for any transactions made and any fees incurred by the Companion Cardholder even if the Companion Cardholder exceeds the scope of the authority granted to such Companion Cardholder by Company. Companion Cardholders should only be persons Company trusts to honor its instructions and limitations.
Managing Your Companion Card Account.
Through our Authorized Service Provider Website (https://getdash.io) or Mobile Application, the Primary Account Owner, Trusted Agents, will have full administrative rights to the Companion Card Account and will be able to view and print account transaction activity 24 hours a day, 7 days a week. You, the Companion Cardholder, will be able to access the same Authorized Service Provider Website (https://getdash.io) and Mobile Application; however, have reduced access to view your Companion Card transaction activity. It is your responsibility to keep Access Information confidential to deter other person(s) from using your Companion Card or accessing your Companion Card Account without your permission. Please allow at least one (1) business day after each transaction for the information to be updated online.
Limitations on Companion Card Usage
All transactions are subject to the limitations set forth in this Agreement, and no transaction may exceed the available balance in your Companion Card Account.
Purchase Limitations. You may not make purchases that in the aggregate exceed the available balance in your Companion Card Account as determined by the Primary Account Owner or its Trusted Agents. If a merchant attempts to process a transaction for more than the value available in your Companion Card Account, then the transaction will be declined. Unusual or multiple purchases may prompt a merchant inquiry or Companion Card suspension to allow us to investigate such unusual activity. The card can only make purchases up to but not exceeding $10,000.00.
Use Limitations. Your Companion Card has been issued solely for commercial business purposes. Any Companion Card issued is not to be used as a payroll expense card. Any Companion Cards issued may not be used for payroll expenses under any circumstances. You agree that you will: (i) use the Companion Card as a corporate card solely for commercial business purposes; (ii) not use the Companion Card at gambling websites or to purchase illegal goods or services; (iii) promptly notify us of any loss or theft of the Companion Card; (iv) promptly notify us of the loss, theft, or unauthorized disclosure of any Access Information used to access the Companion Card Account information or Companion Card funds; (v) not use the Companion Card for payroll expenses; and (vi) use the Companion Card only as permitted by this Agreement. The Companion Card may not be accepted by certain merchants whose goods or services are not legal for minors. We may refuse to process any transaction that we believe violates the terms of this Agreement. We may suspend your Companion Card Account and/or your Company’s Dash MasterCard program to investigate any unusual activity that indicate your Companion Card issued to is being used for restricted activities such as payroll expense. Your failure to comply with the restrictions on use will cause the immediate termination of your Companion Card Account and any Companion Cards associated with your Company’s Dash MasterCard Account.
The Primary Account Owner or its Trusted Agents may add funds (referred to as “value loading”) to the Companion Card Account via Primary Account to Companion Card Transfer.
The maximum amount that may be value loaded to any Companion Card Account is $10,000. The maximum aggregate value of the Companion Card Account is restricted to $10,000 at any point in time. We reserve the right to accept or reject any request to load to the Companion Card Account. Loads are subject to appropriate anti-fraud verification. Prior to crediting loads to a Companion Card Account and making funds available to any Companion Cardholder, certain delays may be required to assure funds are available for such loads.
The Companion Cardholder may NOT use the Bank’s routing number and the Account Number to make preauthorized payments from the Companion Card Account. You are not authorized to use the Bank’s routing number and Account Number for any other purpose. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Companion Card, except as otherwise permitted by this Agreement. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold (see “Reversal of Transactions” below),
A PIN is a four-digit code that may be used to make purchase transactions instead of signing for your transaction. Some merchants may require you to make purchases using a PIN rather than your signature. A default PIN was created at the time of Companion Card creation and provided to you as part of your activation instructions. Upon activation of your Companion Card, you will be asked to change your default PIN. Only one (1) PIN will be issued per Companion Card. To prevent unauthorized access to the Companion Card Account balance, you agree to keep your PIN confidential. We recommend that you memorize your PIN and do not write it down. You may change your PIN by visiting cardmember services at https://getdash.io.
Your PIN may NOT be used (i) to obtain cash or to (ii) check your balance at any ATM or POS terminals.
Merchant Authorization Holds.
When you use your Companion Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on the funds in your Companion Card Account in the amount indicated by the merchant (which may be more than the final settled transaction amount). We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or “hold” on your available balance for up to thirty (30) days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We will only charge your Companion Card Account for the correct amount of the final transaction, and we will release the hold on any excess amount when the transaction finally settles.
Because you may be assessed transaction fees even if a transaction is declined, it is possible for a rejected transaction to cause your Companion Card Account to have a negative account balance and be overdrawn. We do not extend credit, so if your Companion Card Account becomes overdrawn, your Company’s Primary Account Owner and its Trusted Agents agreed to have the overdrawn amount immediately replaced without further demand through the process of withdrawing funds from the Primary Account or subsequent Company Companion Cards. In the event that the Primary Account or subsequent Company Companion Cards associated with the Dash MasterCard Program has a zero or negative balance, we may, at our option, cancel your Companion Card Account, without notice, and/or pursue collection of any negative account balance plus all costs of collection including attorney fees.
Refunds for Purchases Made with the Card.
Any refund for goods or services purchased with the Companion Card Account will be made in the form of a credit to the Companion Card subject to the refund policy of the merchant. You are not entitled to receive a cash refund.
Disputes with Merchants.
We are not responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase from others with a Companion Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased.
Reversal of Transactions.
Point of sale transactions cannot be reversed. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days.
Schedule of Fees and Charges.
We will charge Company, and Company agrees to pay, the fees and charges set forth in the Schedule of Fees and Charges below. You may also login via the Website to view a complete list of fees. We generally deduct fees and charges from the DASH Card Primary Virtual Card Account at the time a fee or charge is incurred. Please review Primary Account Fees Matrix as found in the Dash MasterCard Primary Account Agreement.
Fees Assessed to the Companion Account
The following fees will be withdrawn from a Companion Card Account and will be assessed at the time of authorization to purchase goods and services everywhere in the United States and International, where MasterCard cards are accepted.
|Fee Description||Fee Amount||Frequency of Charge|
|# Foreign Transaction Fee A fee charged on a transaction in which the merchant is located in a Country other than the U.S. or processes transactions outside of the U.S. If a fee is imposed, the fee will be denoted as “Foreign Transaction Fee” on your transaction history/statement.||3% of purchase value||Immediate upon authorization|
If you obtain your funds (or make a purchase) in a currency other than U.S. dollars, the amount deducted from your funds will be converted by the MasterCard Card Association into U.S. dollars. The MasterCard Card Association will establish a currency conversion rate for this convenience using a rate selected by the MasterCard Card Association from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate the MasterCard Card Association itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance. Fees may apply for foreign transactions (see fee table).
Companion Card Account Balance and Transaction History.
You can obtain information about the current available balance on your Companion Card Account by calling 1 (866) 626-3945. Company will not be assessed a fee to check your Card Account balance using our automated telephone system, although Company may be assessed a fee if you wish to speak to a live agent (see “Schedule of Fees and Charges”). You may also obtain balance information, along with a 60-day history of account transactions on your Card Account, at no charge by logging into https://getdash.io our Card Account through the Website or Mobile Application. The Primary Account Owner, its Trusted Agents or Companion Card Owner also has the right to obtain a 60-day written history of account transactions by calling 1 (866) 626-3945 or by writing us at Karmic Labs – Customer Service, 1600 Bryant Street, PO Box 411226 (R), San Francisco, California, 94103-9991. Company may be assessed a fee for obtaining this written history (see “Schedule of Fees and Charges”).
Change in Terms.
We may (a) amend or change the terms and conditions of this Agreement or (b) cancel or suspend your Dash MasterCard Companion Card Account or this Agreement at any time without prior notice to you, except as required by applicable law. We may revise this Agreement at any time without notification or consent.. Any future revisions will be binding upon Company and you, the Companion Cardholder and effective immediately upon posting the revised Agreement on the Website. Continued use of your Companion Card constitutes your consent and acceptance of any revisions to the Agreement. If you do not accept an amendment or revision made to this Agreement, your sole and exclusive remedy is for you, the Primary Account Owner or its Trusted Agents to cancel your Companion Card and close your Dash MasterCard Companion Card Account with us. You may also login to the Website, https://getdash.io, for the most up-to-date Agreement.
# Cancellation and Suspension.
We reserve the right, in our sole discretion, to limit your use of the Companion Card. We may refuse to issue a Companion Card Account or may revoke Companion Card Account privileges with or without cause or notice other than as required by applicable law. The Primary Account Owner or its Trusted Agents may cancel your Companion Card by calling us at 1 (866) 626-3945 or by logging into your Companion Card Account via the Website. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Companion Card. Our cancellation of your Companion Card Account privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Companion Card Account privileges through no fault of yours, Company will be entitled to a refund of any remaining balance, as provided in this Agreement.
Companion Card Expiration/Settlement.
Subject to applicable law, you may use the Companion Card only through its expiration date, which is stated on the front of the Companion Card. If you attempt to use the Companion Card or add funds to your Companion Card Account after the expiration date, the transactions may not be processed. If there is a balance remaining in your Companion Card Account upon expiration, a new Companion Card may be issued to you. You must activate any newly issued Companion Card in order to access the funds in your Companion Card Account. If we choose not to issue a new Companion Card to you or if we cancel your Companion Card Account for any reason, we will attempt to refund to Company the balance remaining in your Companion Card Account less any amounts owed to us (e.g., fees and charges). A check made payable to Company will be mailed to Company at the last postal address reflected in our records. A fee may be imposed for refunding the remaining account balance by check (see “Schedule of Fees and Charges”).
Information Given to Third Parties.
We may disclose information (including personally identifiable information) to third parties about your Companion Card Account and the transactions related to your Companion Card Account: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of a Companion Card Account for a third party (e.g., a merchant); (iii) in order to comply with any law or to comply with requirements of any government agency or court order; (iv) if you give us your written consent; (v) to service providers who administer your Companion Card Account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible illegal activity; (vii) in order to issue authorizations for transactions on a Companion Card; and (viii) as otherwise permitted by law.
No Warranty of Availability or Uninterrupted Use.
From time to time, services related to your Companion Card may be inoperative. When this happens, you may be unable to use your Companion Card or obtain information about your Companion Card. Please notify us if you have any problems using the Companion Card. 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 nature, labor disputes and armed conflicts.
Additional Risk Associated with Use of Business Purpose Cards:
Company agrees it will be responsible for all authorized and unauthorized transactions made through the use of any Companion Card, except as otherwise described in this Agreement. Companion Cardholders will not have the benefit of any consumer law limiting liability with respect to the unauthorized use of a Companion Card. This means liability for the unauthorized use of a Companion Card could be greater than the liability in a consumer prepaid 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 the Agreement.
How to Notify Us of Lost or Stolen Card, Access Information or Unauthorized Transfers.
If you believe your Companion Card or any Access Information has been lost or stolen, immediately call: 1 (866) 626-3945.or write: Karmic Labs – Customer Service, 1600 Bryant Street, PO Box 411226 (R), San Francisco, California, 94103-9991. You should also call the number or write to the address listed above if you believe a transfer has been made using your Companion Card or Access Information without your permission. Company may be charged a fee for a replacement Companion Card (see “Schedule of Fees and Charges”).
Lost or Stolen Companion Card; Unauthorized Transactions or Errors.
You should protect your Companion Card against theft, loss and unauthorized use with the same level of care that you use to protect the cash in your wallet. Unless otherwise required by law, we will not be liable for unauthorized transactions unless we failed to process the transaction in good faith and in compliance with commercially reasonable security procedures. If the Companion Card and/or PIN has been lost or stolen or you believe someone has made an unauthorized transaction with the Companion Card and/or PIN (or may attempt to use the Companion Card and/or PIN without permission) or you believe an error has occurred with the Companion Card, you agree to notify us IMMEDIATELY at 1 (866) 626-3945 and in no event later than thirty (30) days of the date of the transaction at issue. This verbal notification must then be promptly confirmed by a written notice to us at Karmic Labs – Customer Service, 1600 Bryant Street, PO Box 411226 (R), San Francisco, California, 94103-9991 When you notify us, you must provide your Company’s name, your (Cardholder’s) name, Companion Card number and other identifying details, and describe the error or transaction that you dispute (if applicable). We will cancel the Companion Card, and if our records show that available funds remain in the Companion Card Account, we will issue you a replacement Companion Card loaded with the remaining value. There may be a fee associated with ordering a replacement Companion Card (see “Schedule of Fees and Charges” above). We reserve the right in accordance with applicable law to decline to issue you a replacement Companion Card. You agree to assist us in determining the facts relating to any possible unauthorized use or error associated with the Companion Card, and to comply with the procedures we may require for our investigation.
Additional Limits on Liability Under MasterCard Rules.
Unless otherwise required by law or MasterCard rules, We will not be liable for unauthorized transactions unless we failed to process the transaction in good faith and in compliance with commercially reasonable security procedures.
Disclaimer of Warranties.
Limitation of Liability.
We shall have no liability to you if we are unable to complete a transaction for any reason beyond our control. In no event shall we be liable to you for any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. This provision shall not be effective to the extent prohibited by law. Questions. The Authorized Card Servicer, as the third party that administers the Dash MasterCard program, is responsible for customer service and for resolving any errors in transactions made with your Companion Card. If you have questions regarding your Companion Card, you may call 1 (866) 626-3945 or write Karmic Labs – Customer Service, 1600 Bryant Street, PO Box 411226 (R), San Francisco, California, 94103-9991, or visit our Website, https://getdash.io.
We may contact you from time to time regarding your Dash MasterCard Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may:
(1) contact you by electronic communications; (2) contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (3) contact you by using an automated dialing or similar device (“Autodialer”); (4) contact you at your home and at your place of employment; (5) contact you on your mobile telephone; (6) contact you at any time, including weekends and holidays; (7) contact you with any frequency; (8) leave prerecorded and other messages on your answering machine/service and with others; and identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.
Our contacts with you about your Companion Card Account are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may suppress caller ID and similar services when contacting you regarding your Companion Card. When you give us your mobile telephone number, we may contact you at this number using an autodialer and can also leave prerecorded and other messages.
If you ask us to discuss your Companion Card Account with someone else (besides the Company’s Primary Account Owner or its Trusted Agents), you must provide us with authorizing documents from the Primary Owner or its Trusted Agents that we ask for and that are acceptable to us.
Notification of Changes.
If your U.S. mail or postal address, or your email address or telephone number changes, you must notify us immediately. Failure to do so may result in information regarding your Companion Card Account being delivered to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Companion Card Account. Your Companion Card may be terminated by us in the event a change of control, reorganization, restructuring, conversion, consolidation, division or merger of your Company, its Primary Account Owner or its Trusted Agents. We may require at our discretion that any new owner or principal of the Company to be a guarantor of your Companion Card Account. Any notice given by us shall be deemed given to you if delivered to you at the last email or mailing address for the Card Account furnished by you. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address, your Companion Card Account may be cancelled and funds returned to your Company’s Primary Account in accordance with this Agreement. We reserve the right to request copies of certain information that will allow us to confirm the identify of you, the Companion Cardholders. Information may include, but is not limited to personal information which may be collected from Company’s principal owners, representatives authorized to act on behalf of Company, and you, the Companion Cardholders including, but not limited to; name, address, phone number, date of birth, social security number or individual tax-payer identification number (ITIN), driver’s license and/or passport.
Governing Law, Court Proceedings, Damages, Arbitration:
Except as set forth in the Waiver of Jury Trial and Arbitration Agreement below, (1) this Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the State of Minnesota; (ii) any action or proceeding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Minnesota; and (iii) you agree to pay upon demand all of our costs and expenses, including attorney fees, incurred in connection with the enforcement of this Agreement. If we are served garnishments, summonses, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction. We may charge you the costs of compliance, including reasonable attorney fees, with all such requests if permitted by applicable law.
Agreement to Arbitrate.
You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration, unless we elect to opt out of Arbitration by filing an initial action in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of Minnesota (without applying its choice-of-law rules).
What Arbitration Is.
“Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to your application for a Companion Card and whether or not a Companion Card is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.
For purposes of this arbitration agreement, the terms “you” and “your” include you as a, Companion Cardholder and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” mean the Bank and include employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns the Bank as well as the marketing, servicing, and collection representatives and agents of either or both.
How Arbitration Works.
If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: the American Arbitration Association (“AAA”) or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:
American Arbitration Association 1633 Broadway, 10th Floor New York, NY 10019 Web site: www.adr.org Telephone (800) 778-7879
JAMS, The Resolution Experts 1920 Main Street, Suite 300 Irvine, CA 92614 Web site: www.jamsadr.com Telephone (949) 224-1810 or (800) 352-5267
In the event both AAA and JAMS are unavailable to decide a Dispute, the parties agree to select another neutral party experienced in financial matters to decide the Dispute. If such an independent arbitrator cannot be found, the parties agree to submit any Dispute to a state or federal judge, sitting without a jury, for resolution on an individual and not a class-wide basis.
The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.
The parties must pay their respective filing fees and other costs or fees of arbitration.
Location of Arbitration.
The arbitration will be conducted in the county where you reside unless we elect, in our sole discretion, for the arbitration to be conducted in Minneapolis, MN. We must notify you within ten (10) business days of a notice of arbitration if we choose to conduct the arbitration in a location other than the county where you reside. We and you may also mutually agree to a different location for the arbitration.
Waiver of Rights.
You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or any other arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.
Applicable Law and Review of Arbitrator’s Award.
The arbitrator shall apply applicable federal and Minnesota substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation, the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The arbitration award shall be binding unless grounds exist under the Federal Arbitration Act for vacating, modifying, or correcting an award.
This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this arbitration provision, the Agreement or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.
Attorney Fees and Costs.
You agree to pay all costs incurred by us or our successors or assigns in collecting unpaid indebtedness or in enforcing this Agreement, including attorneys’ fees and costs, as well as those costs, expenses and attorneys’ fees incurred in appellate, bankruptcy, and post-judgment proceedings, except to the extent such costs, fees, or expenses are prohibited by applicable law.
We may assign or transfer our rights and obligations under this Agreement at any time without prior notice to you. The Dash MasterCard Companion Card and your obligations under this Agreement may not be assigned by you. Notwithstanding the foregoing, this Agreement shall be binding on you and your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.
When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. We do not waive our rights by delaying or failing to execute them at any time. To the extent permitted by law and as permitted by the Waiver of Jury Trial and Arbitration above, you agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving the Dash MasterCard Companion Card. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
Customer Service For all customer service information regarding the DASH Card, please contact: 1 (855) 730-7655 or Karmic Labs – Customer Service 1600 Bryant Street PO Box 411226 (R) San Francisco, California, 94103-9991
This Agreement is effective November 15, 2014.