Please read this Cardholder Agreement and keep it for future reference.
The Hedge Offshore Bank Fast Funds Card (“Fast Funds Card” or “Card”) is a prepaid card that can be used to purchase goods and services at any merchant that accepts Visa® debit cards and to get cash at Automated Teller Machines (ATMs). The card is issued by Hedge Offshore Group National Association, operating as First Tennessee and Hedge Offshore Bank (“Bank”). This Fast Funds Card is not linked to and does not access any other account at the BANK that the Fast Funds Cardholder may have. The balance on the Fast Funds Card does not earn interest and is not FDIC insured.
I acknowledge that I have been provided and read the Cardholder Agreement and Privacy Statement.
I agree to receive disclosures and other important information about my Hedge Offshore Bank prepaid account(s) electronically. Disclosures and information we may provide to you electronically include: online statements, legal disclosures for prepaid card accounts, updates and changes to the Cardholder Agreement, or other service agreements related to any of your Hedge Offshore Bank prepaid card account(s).
About Online Statements. Online statements provide all information available about activity on your prepaid card account(s). If you elect to receive statement email or mobile alerts, an e-mail message or SMS text message will inform you each statement period when your statement is available online.
About Account Terms and Conditions and Frequently Asked Questions. Current versions of the Cardholder Agreement and Frequently Asked Questions may always be found online at www.capitalbank-us.com/fastfunds.
About Change-in-Terms Notices. If you choose to receive information electronically, we will notify you via e-mail or SMS text message of any change-in-terms notices sent to you at the most recent email address or mobile contact information you provided us.
What You Need for Online Statements. You must have Internet Access with a 128-bit encrypted browser.
To Change Your Email Address or Information Option. To update your electronic address, or to change the method you have chosen to receive information access your prepaid card account profile at www.capitalbank-us.com/fastfunds or call us at 833-231-6516.
I agree to receive electronic disclosures including prepaid card statements online. I have access to a computer that meets the technical requirements set forth above, and I have access to a printer, or the ability to download information in order to keep copies for my records. I will notify you of any changes in my electronic notification preferences.
Authorized Users. By signing the back of the Card, using the Card to make purchases and/or ATM withdrawals, or by allowing someone else to have use of this Card, you agree to be bound by this Agreement and are responsible for all transactions. In the Agreement, the terms “we,” “us,” and “our” mean Hedge Offshore Bank, a division of Hedge Offshore Group National Association (“Bank”), and “you” or “your” mean anyone who has purchased the Fast Funds Card and anyone who is authorized to use the Fast Funds Card as provided in this Agreement. You should keep a record of your Fast Funds Card number in case of loss or theft.
Using your Fast Funds Card. This Card cannot be used until it is registered.When registering your Card, an option to select a Personal Identification Number (PIN) will be available to you. By selecting a PIN, you will have the ability to withdraw available funds from an ATM and to pay for goods or services at merchants accepting Visa debit cards by selecting the “debit” option and entering your PIN number in the merchant sales terminal. You will also have the ability to pay for goods or services at merchants accepting Visa debit cards by selecting the “credit” option and signing to authorize your purchase.
PLEASE MEMORIZE YOUR PIN AND DO NOT WRITE IT ON YOUR CARD OR KEEP IT NEAR YOUR CARD. You will be responsible for all transactions made by you or anyone who uses the Card with your consent. Your responsibility for unauthorized transactions is described below.
Card Registration. You must register your Fast Funds Card at www.capitalbank-us.com/fastfunds or by calling Customer Service at 833-231-6516. After registering your Card, you will be able to monitor your Card activity and add funds to your Card balance. Fast Funds Card registration is necessary to limit liability for a lost or stolen Card and unauthorized transactions and to facilitate online, mail or phone purchases, since these purchases often require a name and address verification along with the Card number.
Adding Funds to the Card. You, your parent or others designated by your parents can add funds (“Load”) to the Card balance by logging into the site where your Card was initially registered: www.capitalbank-us.com/fastfunds and transferring funds from your Hedge Offshore Bank debit card or by visiting one of our branches to make a cash load. The minimum Load amount for this Card is $25. Daily Load maximums of $2,000 apply whether completed online or in a branches. This Card has a maximum balance of $10,000. Loads that would result in a balance that exceeds $10,000 will be rejected for the full amount of the Load.
Limitations on Use. Your Fast Funds Card cannot be used for cash advances, purchases of money orders or traveler’s checks, or to make regular, pre-authorized payments to a third party. If a transaction is completed that exceeds the remaining balance on the Fast Funds Card, you agree to pay us, immediately upon demand, the amount of the transaction in excess of the remaining balance.This Card cannot be re-sold and is available for domestic and international use. Your purchases and cash availability are limited to the available balance on your Card account at the time of purchase. Non-business days may be considered part of the preceding or following business day for purpose of daily withdrawal limits. Dollar amount and frequency limitations on cash withdrawals from other ATMs may vary.
Internet Gambling and Illegal Transactions. We may, but are not required to, deny authorization for any Internet gambling transactions or any illegal transactions. You agree that illegal use of the Card will be deemed an action of default and/or breach of contract, and, in such event, your Card may be terminated at our discretion. You further agree that should illegal use occur, you waive any right to sue us for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify and hold us harmless from any suits, legal action, or liability directly resulting from such illegal use.
International Transactions. To avoid interrupted access to your funds when traveling outside the United States, please notify us of your travel plans 5-7 days in advance by calling Customer Service at 833-231-6516. To protect your funds, transactions outside the United States will be declined unless you have notified us in advance of your travel plans. The exchange rate between the transaction currency and the billing currency used for processing international transactions will be a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date. This rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date.
Expiration of Fast Funds Card. Funds do not expire. However, your Card expires on the date printed on the front of your Card. Approximately 30 days prior to the expiration date on the front of your Card, a replacement Card will be mailed to you at the mailing address in the account profile. If your address changes, you must notify us of the change by calling Customer Service at 833-231-6516 or by updating your account information online at www.capitalbank-us.com/fastfunds.
Transaction receipts. You can get a receipt at the time you use your Card, except when using the Card by telephone, mail, or home or business computer.
Changing our agreement. We can change the terms of this Agreement, including the charges relating to the use of the Card, at any time. If the law requires us to notify you in a certain way, we will do so.
Cancellation. The Card is our property, and we can cancel it at any time and end your privileges.
Visa® Direct. You have the ability to receive a credit transfer to your Card via Visa® Direct under which a third party may transfer funds to you. The transfer will appear as a credit to your account within two business days of receipt. We have the right to refuse/return a transfer if it is restricted or prohibited by federal or local law.
Monthly Fee. A $3.00 Fee will be deducted from the available Fast Funds Card balance each month. If the balance on the Card is less than the fee amount, the account balance will be negative and the insufficient amount will be collected from the next Load amount. If the balance remains negative for 60 days, the account will be closed permanently.
Cash Reload Fee. A $2.00 Fee will be charged for each cash reload completed at any of our branches. Loads completed online are not subject to a fee.
ATM WITHDRAWAL (OUT-OF-NETWORK) FEE. There is no fee for withdrawals from our ATM at any time. Hedge Offshore Bank Fast Funds cardholders are allowed one ATM withdrawal from a non-First Tennessee or non-Hedge Offshore Bank ATM per month. After that, a $2.00 fee will be charged by the bank for any subsequent ATM withdrawals during that month. Please note that the owner of any non-First Tennessee or non-Hedge Offshore Bank ATM may elect to charge you a fee anytime you withdraw from their ATM.
Inactivity Fee. After twelve consecutive months of inactivity, a $3.00 fee will be deducted from the available Fast Funds Card balance in each month that there is no activity until the balance reaches $0.00. Any transaction (a purchase, ATM withdrawal or new Load) will stop the inactivity fee unless another 12 months of consecutive inactivity occurs.
Card Replacement Fee. Lost, stolen or damaged cards will be replaced, and a replacement fee of $5.00 will be deducted from your available Fast Funds Card balance. Cards reissued due to expiration are not subject to the replacement fee.
International Transaction Fee. A fee equal to 1% of the amount of an international transaction will be deducted from the Card balance. Visa charges 1% of the transaction amount as an International Service Assessment fee for multi-currency transactions and .8% of the transaction amount as an International Service Assessment fee for single-currency transactions. We pass along a 1% International Service Assessment fee to customers for all international transactions.
Liability for Failure to Complete Transactions. Hedge Offshore Bank is not liable for transactions that fail through no fault of our own or because of circumstances beyond our control, such as insufficient funds, merchant terminal or authorization system failures, merchant refusal to accept your Fast Funds Card, or exceptions noted elsewhere in this Agreement, such as illegal or internet gambling or other illegal transactions.
Liability for Lost/Stolen Cards and Unauthorized Transactions. Notify us immediately if your Fast Funds Card is lost, stolen or used without your authorization by calling us at 833-231-6516. You will be required to provide your name and card number. All claims must be submitted in writing for investigation. Provisional credit will be credited within 5 business days of the date we receive your signed verification of the claim information. If the claim is rejected following investigation, the provisional credit will be reversed. If this results in a negative balance, you agree to pay us the amount of the negative balance.If you provide us with the required information, we can block future transactions on the lost or stolen Fast Funds Card. If there is an available balance remaining on the Card, we can issue a replacement card for a $5.00 Card Replacement Fee.
Returns or Exchanges of Merchandise. If you have a dispute with a merchant over purchased goods or services, you should contact the merchant directly. Exchanges or returns of merchandise and refunds will be subject to the policy and terms of the merchant.
Dispute Transaction(s). In the event you believe anything in your transaction history is incorrect, you must notify us within 60 days of the initial transaction in question. Notify us by calling Customer Service at 833-231-6516. Investigation may take up to 45 days, and you may be required to provide additional information. If we find in your favor, your Card will be credited within 5 business days of the conclusion of our investigation. If the investigation results in a finding of no error, the Card will not be credited, and you will be notified in writing of our findings within 5 business days of the conclusion of our investigation.
Use at Gasoline Merchants. Use of the Card at an automatic fuel pump may result in a hold of $75 against the available balance for the lesser of 3 days or until the transaction settles. If you do not have an available balance of at least $75, your automated fuel pump authorization request may be declined. You may elect to pay the merchant inside at the counter for the exact amount of your purchase to avoid this hold or decline.
Use with Certain Service Merchants. For certain service merchants (such as car rental agencies, restaurants and hotels), an increase of up to 20% may be added to the amount of your purchase at the time of authorization to cover any anticipated tips or other additional charges. Your purchase may be declined if the amount of the requested authorization is more than your available balance.
Split Tender Transactions. If you wish to use the Card for a purchase greater than the balance of the funds on the Card, you must inform the merchant prior to completing the transaction. Failure to do so may result in the transaction being declined. The merchant will require payment for the difference in cash or some other means of payment, thus splitting the purchase between your Card and another form of payment. Some merchants may not accept split transactions.
Privacy. We will disclose information to a third party about your Account or transactions as described in our Privacy Notice that can be found here or at www.capitalbank-us.com/privacy. One of the third parties to who we report information is Visa Prepaid Clearinghouse Service (PCS) whose contact information is listed below:
Visa Prepaid Clearinghouse Service
Customer Service Department
5005 Rockside Road, Suite 600-27
Independence, OH 44131
PCS Customer Service Department’s business hours are Monday – Friday, 9 am – 5pm Eastern Time.
PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT PROVIDES FOR MANDATORY ARBITRATION OF CONSUMER CLAIMS (SUBJECT TO SOME EXCEPTIONS), INSTEAD OF COURT PROCEEDINGS. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM BEFORE A JUDGE OR JURY IN COURT OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING. RIGHTS YOU WOULD HAVE IN COURT THAT MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL. FEES AND EXPENSES OF ARBITRATION MAY BE HIGHER THAN THOSE ASSOCIATED WITH COURT PROCEEDINGS. THE ARBITRATOR’S DECISION WILL BE BINDING, EXCEPT AS PROVIDED BELOW.
Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined below), except for Claims filed in a small claims court, may be resolved by mandatory, binding arbitration. The small claims court exclusion applies only so long as the dispute remains in the small claims court and is an individual (non-class, non-representative) Claim. If a Claim asserted in small claims court is transferred or appealed to a different court, either you or we may then elect mandatory, binding arbitration pursuant to this Arbitration Provision. For purposes of this Arbitration Provision, the word “Claim” means any claim, controversy, or dispute of any kind arising from or relating to the Fast Funds Card or any relationship arising from or related to the Fast Funds Card. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the FAA).
Initiation of Arbitration. The party electing arbitration must use the arbitration administrator shown below and follow its rules and procedures, except as otherwise stated in this Arbitration Provision. Copies of its current rules, procedures, forms, and related information, including information about how to file a Claim, may be obtained by contacting the Administrator as follows:
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Toll free number:877-495-4185
Class Action and Jury Waiver. You and we hereby knowingly and voluntarily (1) waive the right to proceed as part of any class action and (2) waive the right to a trial by jury of any and all Claims. No Claim submitted to arbitration is heard by a jury or may be brought as a class action. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver).
Arbitration Procedure and Law. Any Claim resolved by arbitration shall be arbitrated on an individual basis by a single arbitrator chosen by the Administrator. Claims may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. The arbitrator shall resolve Claims pursuant to the rules and procedures of the Administrator and this Arbitration Provision. This Arbitration Provision will govern in the event of conflict with the Administrator’s rules and procedures. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and honor legally recognized claims of privilege. The arbitrator will have the power to award any damages or other relief that would be available in court, but only with respect to the named parties and the Claims being arbitrated. Either party may choose to have an arbitration hearing and to be represented by counsel. An arbitration hearing may be conducted by telephone if the parties agree. Any arbitration hearing that you attend in person will occur at a place designated by the Administrator within the federal judicial district that includes your billing address or at some other place agreed upon by you and us. The arbitrator will use reasonable efforts to protect confidential information if requested to do so. The arbitrator will make any award in writing and, upon a timely written request, provide a written statement of reasons for the award.
Costs of Arbitration. You and we will be responsible for paying the fees of the arbitrator and any administrative fees charged by the Administrator according to the rules and procedures of the Administrator. We will also pay or reimburse you for all or part of other arbitration fees, if the arbitrator determines there is good reason to do so, and we will pay any fees and costs, which we are required to pay by law or by the rules and procedures of the Administrator.
Finality of Arbitration. The arbitrator’s decision is final and binding on the parties, except for any right of appeal or judicial review provided by the FAA. An arbitration award will be enforceable under the FAA by any court having jurisdiction.
Survival of Arbitration Provision
This Arbitration Provision shall survive: (i) termination or changes in the Cardholder Agreement and/or related agreements or programs, the account, and the relationship between you and us concerning the account and related programs; (ii) bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account, or any amounts owed on the account. Any different agreement regarding arbitration of Claims must be agreed in writing.
ATM Safety Tips. Please be careful when making transactions at an automated teller machine (ATM). Here are a few basic reminders to keep your ATM experience worry-free. By taking these simple precautions, you can help ensure that your personal safety and privacy are better protected with each transaction you perform. Your safety is important to us.
Be alert and aware of your surroundings while making a transaction
Minimize your time spent at the ATM
Protecting your PIN
Guard against transaction fraud