card holder agreement.html

Card Holder Agreement

Finally Commercial Charge Card Pricing Disclosures

These Pricing Disclosures show fees and other important information about your Account issued by Column N.A. and are part of your Commercial Charge Card Agreement (“Card Agreement”). All capitalized terms not defined in these Pricing Disclosures are defined in the Card Agreement.
Payment Information
All charges made on this charge card are due and payable in full at the end of the Statement Period.
Fees
Transaction Fees
● Foreign Transaction None
Penalty Fees
● Late Payment Either 2.99% of the Balance or $38, whichever is lesser.
● Returned Payment $38
● Over-the-Credit Limit None
● Dormant Card1 None
● Foreign Authorization and Decline2 None
Other Fees
● Standard Physical Card None
● Metal Card None

Finally Commercial Charge Card Agreement

PLEASE READ THIS CARD AGREEMENT CAREFULLY. THIS CARD AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, AND INCLUDES A WAIVER OF CLASS ACTION AND JURY TRIAL PROVISION. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.

This Commercial Charge Card Agreement (“Card Agreement”) governs the use of your Account and related Card(s) issued by Column N.A., Member FDIC. This Card Agreement includes the Pricing Disclosures that apply to your Account, our Privacy Notice (available at https://column.com/legal/privacy-notice), all disclosures and materials provided to you before and when you applied for and/or opened your Account, and any supplements or amendments to this Card Agreement. By signing this Card Agreement, you acknowledge receipt of a completed copy of this Card Agreement and your understanding of its terms, including the Arbitration Agreement, and you also accept all the terms in this Card Agreement.

1. Definitions

The following terms in this Card Agreement have the meanings set forth below. The definitions of other terms not included below can be found within this Card Agreement.

“ Account”: The commercial charge card account provided by us.

“ Authorized User”: Any person whom you and we authorize to make Transactions on your Account.

“ Available Credit”: The amount of credit that is available for you to make Transactions with your Account at any given time.

“ Balance”: The total outstanding and unpaid amount you owe on your Account, including fees, charges, and any other amounts due under this Card Agreement.

“ Balance Transfer”: The transfer of a balance from another credit account to your Account.

“ Beneficial Owner”: Any individual who directly or indirectly owns at least 25% of the equity interests in Company and an individual with significant responsibility for managing the Company.

“ Business Day”: Monday through Friday, except for federal holidays, and any other holiday on which banks in California are permitted to be closed.

“ Card”: One or more cards or other access devices that we issue to access your Account to obtain credit.

“ Cash Advance”: The use of your Card or Account to get cash or what we consider a cash equivalent.

“ Company”: The commercial business that applied for the Account and for which the Account is established.

“ Confidential Information”: The provisions of this Card Agreement and any related documentation that we provide to you.

“ Control”: Ownership or beneficial ownership, directly or indirectly, of 50% or more of the economic interests in Company.

“ Credit Limit”: The maximum amount of credit we may extend to you under the Account.

“ day”: A calendar day, unless otherwise provided.

“ External Bank Account”: A business demand deposit account held by a U.S. financial institution other than us.

“ Finally App”: Servicer’s mobile device application that allows you to access your Account on a mobile device.

“ Finally Website”: Servicer’s website at www.finally.com that allows you to access your Accounts online.

“ Over-the-Limit Amount”: Any amount by which your Balance exceeds your Credit Limit on a given day.

“ Pricing Disclosures”: The Pricing Disclosures we provided to you after approving you for the Account.

“ Purchase”: The use of your Card or Account to buy or lease goods or services.

“ Servicer”: Backoffice.co, Inc. DBA Finally.

“ Statement Period”: Thirty (30) days after you open your Account and each thirty (30) days thereafter.

“ Transaction”: A Purchase.

“ We, us, and our”: Column N.A., and includes its agents and representatives.

“ you and your”: The Company.

2. Account Eligibility; Conditions Precedent to Using Your Account

Our obligation to extend credit under this Card Agreement is subject to the fulfillment of all conditions set forth in this Card Agreement.

  1. Company must be a commercial entity authorized by applicable law as we may permit. Only companies organized and registered in the United States may apply for an Account.

3. Your Account

  1. Charge Card Account. Each Card is a charge card that accesses an open-end credit account issued by us. No Card is a debit card.
  2. Using Your Account. When you make a Transaction using your Account, we extend credit to you in the amount of the Transaction.
  3. Permitted Account Use. You acknowledge that the Account is intended to be used for Company’s lawful business or commercial purposes only.
  4. Promise to Pay. You promise to pay us the Balance on your Account, including any Transactions made.
  5. Virtual Cards and Physical Cards; Activating Your Card. We may permit you to obtain a virtual Card in the Finally App.
  6. You may use your Card and Account at merchants that honor Visa credit cards.
  7. Finally App. You can obtain information about your Account through the Finally App.

4. Credit Limit and Available Credit

We assign a Credit Limit to your Account. You agree that you will not exceed the Credit Limit without authorization from us.

5. Authorizations; Transaction Limitations; Holds

  1. Required Payment Amount: When making a payment, you must follow the instructions in this Card Agreement.
  2. Accepted Payment Methods; Automatic Payments. You may opt in to making payments from an External Account through the Finally App.
  3. Effect of Payment on Available Credit. Your Available Credit may increase by the amount of your payment within a reasonable time.

6. Fees

Fees and charges will apply to your Account as set forth in the Pricing Disclosures, this Card Agreement, and other related documents.

7. Payments

  1. Required Payment Amount; Payment Instructions. The Balance on the Account is due and payable in full.
  2. Accepted Payment Methods; Automatic Payments. You may opt in to making payments through an External Account.
  3. Effect of Payment on Available Credit. Your Available Credit may be increased after your payment is received.

8. Representations, Warranties, and Covenants

From the time you accept this Card Agreement until all amounts you owe are paid in full, you continuously represent, warrant, and covenant to us as follows:

  1. Legal Status. Company is a business entity duly organized and validly existing.
  2. Accuracy of Information. All information you provide to us is accurate and current.

9. Default

  1. Events of Default. You will be in default under this Card Agreement if you fail to meet payment obligations, your Balance exceeds your Credit Limit, or if you default under another agreement.
  2. Consequences of Default. We may charge you fees, lower your Credit Limit, or declare the Balance of your Account immediately due and payable.

10. Right of Set-Off

To the extent permitted by law, you grant us the right of set-off against other accounts held by you.

11. Closing or Suspending Your Account

We may suspend or close your Account for any reason.

12. Maintaining Your Account

  1. Servicer. Servicer is the servicer of your Account.
  2. Replacement Cards. Contact Servicer if you need to replace a Card.
  3. Contacting You. You authorize us to contact you regarding your Account by any means.

13. Limitation of Liability; Indemnification

You agree that neither we nor Servicer will be liable for any consequential damages.

14. Credit Reporting

We may report information about your Account to business credit reporting agencies.

15. Authorized Users

  1. Designating Authorized Users. You may designate Authorized Users with our approval.
  2. Account Access and Use by Authorized Users. Authorized Users have access to certain information about your Account.

16. Changes to This Card Agreement

We reserve the right to amend this Card Agreement at any time.

17. General Information

  1. Important Information About Procedures for Opening a New Account. You agree to provide required information.
  2. Unforeseen Circumstances. Neither we nor Servicer are liable for losses due to circumstances beyond our control.

18. Arbitration Agreement

We agree to arbitrate any disputes rather than litigate.

Background and Scope
Question Answer Further Detail
What is arbitration? An alternative to court. A third party arbitrator resolves disputes informally.
Who handles the arbitration? An Arbitrator agreed upon by you and us. Arbitrations are conducted under this Arbitration Agreement.

Process
What must a party do before starting a lawsuit? Send a written Dispute notice. The complaining party must give written notice of the Dispute.

Arbitration Fees and Awards
Who bears arbitration fees? The parties will split the costs of arbitration.

20. State Notices

Residents of All States: You give us permission to access your credit report in connection with any transaction.

Residents of All States: Any agreements reached covering such matters are contained in this writing.

Massachusetts Residents: Law prohibits discrimination based on gender identity or sexual orientation.

Ohio Residents: Laws require that all creditors make credit equally available to all creditworthy customers.