NOW, THEREFORE, the parties agree as follows:
1. Issuance of Cards. Bank (Jonestown Bank & Trust Co.) will issue Cards in the name of the Company and in the names of the Employees as designated in the Agreement. Designated Employees must be authorized signors on the resolution. All Cards must be signed immediately upon receipt by the Employees, but all Cards remain the property of Bank and must be surrendered to Bank upon demand. Company acknowledges that Bank is providing such service to Company as an accommodation party only and, except as otherwise provided by law, Bank is not responsible in any way for the manner in which the Cards are utilized. Only those persons designated by Company as Cardholders are authorized to use Cards. Company may cancel authorized or permitted use of Card by notifying Bank in writing.
2. Liability and Promise to Pay. Company agrees to be unconditionally and without limitation liable for all debits effectuated by use of the Cards, whether authorized or unauthorized, whether utilized by Employees or some other person, and whether arising from Cards lost or stolen. All Employees who are granted use of the Cards shall be deemed third party beneficiaries of the accommodation extended hereunder and of the terms and conditions of this Agreement. Accordingly, such Employees shall be jointly and severally liable with Company for any debits effectuated under the Card issued to the respective Employee, whether authorized or unauthorized, and whether arising from lost or stolen Cards. In the event Card is lost or stolen, Bank should be notified immediately by calling 1 (888) 850-5282, Option 5 toll free. In the event of unauthorized use of Card, Bank should be notified by writing to the address indicated in Section 5 below.
Company acknowledges and understands that any card issued under this agreement will not be treated as a consumer card under the provisions of state and federal law. The account(s) attached to any card may be used only for business purposes, and not for personal, family, or household purposes. Company does not have the benefit of any limitation of liability with respect to the unauthorized use of Card. Company accepts and agrees to undertake the additional risk associated with the use of business purpose cards.
3. Security Measures. In an effort to better protect Company and Employees from lost Cards or unauthorized use of the Cards, Bank requires that each Employee authorized under this agreement will complete and sign a JBT Business Debit Card Application. Each Employee will be assigned a different card number and will select a unique PIN number. Company and Employees acknowledge that each card and PIN shall be afforded the highest level of security. Company agrees to establish prudent security standards and polices to include proper safeguards to protect the confidentiality of all cards and PINs and to protect against any unauthorized use. Bank assumes no duty to discover any breach of security by Company or Employees or the unauthorized disclosures or use of a card or PIN.
4. Statements and Disputed Debits. Each month Company will receive an account statement (“Monthly Statement”) showing, among other things, all debits made by use of the Cards. Disputes regarding any Card debits shall be communicated in writing to Bank at the address indicated in Section 5 below. Communications shall include the Cardholder and Company’s names, the dollar amount of any dispute or suspected error, the reference number and description of the dispute in error. Any communication regarding a dispute or suspected error must be received by Bank within thirty (30) days of the date of the Monthly Statement on which the dispute or incorrect debit first appeared. If Bank receives timely notice of any disputed debit, Bank shall initiate an investigation of the transaction(s) and notify Company of the results of its investigation as soon as Bank is able to obtain and verify relevant information. Bank is under no obligation to credit Company’s account during investigation.
5. Unauthorized Transfers. Under Visa® Zero Liability Protection you will not be liable for any unauthorized transactions using your JBT Visa® Business Debit Cards, as long as you have exercised reasonable care in safeguarding the card from risk of loss or theft, not benefited from its unauthorized use, and promptly reporting the loss or theft to us. Visa’s Zero Liability Policy for unauthorized transactions covers U.S. issued cards and does not apply to certain commercial card transactions, ATM transactions, or any transactions not processed by Visa®. Dissatisfaction with a product or service you paid for is not covered under Visa’s Zero Liability Policy. For specific restrictions, limitations and other details, please contact us at 717-274-5180, Option 1.
6. Notice and Communication. Except with respect to notices relating to lost or stolen Cards, all notices, requests, and other communications provided for hereunder must be directed to the other party at the respective addresses indicated below and, unless otherwise specified herein, must be in writing, postage prepaid or hand-delivered or delivered by fax. Either party may, by written notice to the other, change its address indicated below.
Company Name: Jonestown Bank & Trust Co.
ATTN: Digital Banking Department
Street Address: 421 E. Penn Ave
City, State, Zip: Cleona, Pa 17042-2433
Telephone #: 717-274-5180 Option #1
Fax #: 717-274-5423
7. Information Deemed Confidential. Bank agrees that it will maintain all data relative to Company’s accounts as confidential information and will exercise the same standard of care and security to protect such information as Bank uses to protect its own confidential information. Bank agrees to use such data exclusively for the providing of services to Company and Employees hereunder and not to release such information to any another party, except as may be required by law or to complete any transactions initiated by Company or Employees.
8. Use of Cards. Company represents and warrants, on behalf of itself and its Employees, that the Cards will only be used for business purposes.
9. Termination. Company may terminate this Agreement at any time by providing Bank with written notification and by returning the issued Cards. Bank shall have the right, at its sole discretion, to terminate Agreement and cancel any of the Cards without prior notification.
10. Return of Cards. All Cards shall be deemed cancelled effective upon termination of this Agreement or upon termination of Employees authorization to use Card. Company shall be responsible for proper destruction of Cards. Company shall remain liable for all debits or other charges incurred or arising by virtue of the use of a cancelled Card.
11. Amendments and Change in Terms. Bank may from time to time amend the terms of this Agreement to the extent allowed by applicable federal and state law. Bank will notify Company by mail of such amendments, and subject to the requirements of applicable law, any amendment to this Agreement will become effective at the time stated in such notice.
12. Refusal to Honor Cards. Bank is not responsible for the refusal of anyone to honor the Cards.
13. Service Fees. Bank may charge Company a reasonable charge for photocopies and reprints which Company or any Employee may request and for other special services as allowed by law.
14. Governing Law. This agreement shall be construed as contracts subject to applicable federal law and the laws of the Commonwealth of Pennsylvania. In the event any litigation is required to enforce the terms and conditions of this Agreement, Company, on behalf of itself and its Employees, agrees that such litigation may only be commenced in the jurisdiction and venue of any court located in the Commonwealth of Pennsylvania necessary to comply with applicable laws. If any provision of the Agreement is determined to be unlawful or unenforceable for any reason, the remainder of the Agreement will remain enforceable.
15. Collection of Costs. If Bank hires an attorney to assist in collecting any amount due hereunder, or to enforce any right or remedy hereunder, Company agrees to pay Bank’s reasonable attorney’s fees and expenses, and any other as permitted by law.
16. Disclosure of Charges. The following Debit Card charges may be charged to Company’s account by Bank for the privileges being conveyed hereunder. Monthly charges are payable whether or not any of the Cards are used. Fees may be subject to sales tax.
Lost card replacement fee: $ 10.00 per card