"PAY BY COMPUTER" AGREEMENT BETWEEN CARDMEMBER AND AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. CONCERNING ELECTRONIC FUND TRANSFER SERVICES
SCOPE OF AGREEMENT: This Agreement covers your participation in the Pay by Computer Program offered by American Express (the "Program"). In this Agreement, the words "you" and "your" refer to the Basic Cardmember (that is, the person primarily responsible for repayment of the account) and also includes all Additional Cardmembers who have applied to participate in the Program. The words "we," "our" and "us" refer to American Express Travel Related Service Company, Inc. The words "your account" refer to the account held by a bank, securities firm or other financial institution from which payment will be made when you make transactions under the Program. The words "your bank" mean the bank, securities firm or other financial institution that holds your account. For the purpose of this agreement only, unless we specify otherwise, the word "Card" means the American Express Card, the Gold Card, the Platinum Card, the American Express Corporate Card for Small Business, the American Express Executive Corporate Card for Small Business, or any American Express credit card issued to you and your Additional Cardmembers.
Participating in the Pay by Computer Program will enable you to pay your American Express Card account bill online.
PAYMENT FOR CASH OR CHEQUES: Each time you initiate a transaction, you authorize us or our agent to draw a check or draft or initiate an automated clearing house (ACH) or depository transfer check (DTC) debit in your name to the financial account you specify in the amount you request, payable to us or to our agent,in the amount of the transaction.
CHARGES: For each transaction your bank may assess its customary per-check or item-handling charge, if any. You also agree to pay us a service charge for each dishonored check or draft to reimburse us for any costs of collection. Your bank may also assess its customary charge for such items.
DISHONORED REQUESTS FOR PAYMENTS: If any Pay by Computer transaction (check or draft drawn by us or our agent in connection with the Program) is not honored by your bank, we have the right to charge the amount of any such transaction to the Basic Cardmember's Card account or to collect the amount from you. If this happens, we may cancel your right to participate in the Program.
For certain accounts, you may have a separate agreement with us or with a participating bank, securities firm, or other financial institution that allows a line of credit to be accessed in the event that your account contains insufficient funds to make payment to us. You should refer to the appropriate agreement relating to that line of credit for the terms and conditions that govern its use.
LIABILITY FOR UNAUTHORIZED TRANSACTIONS AND ADVISABILITY OF PROMPT REPORTING: Tell us AT ONCE if you believe the Card has been lost, stolen or used without your permission. Telephoning is the best way of minimizing possible losses. We will not hold you liable for any unauthorized transaction which occurs after you notify us of a loss, theft or possible unauthorized use of the Card. In any event, even if you fail to notify us of any unauthorized transaction or series of related unauthorized transactions your liability shall not exceed $50.
If you believe the Card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission call 800-528-4800 or 1-800-CASH-NOW (1-800-227-4669) (from within the U.S.) or 336-393-1111 (outside the U.S.) anytime. Or write:
American Express Credit Department P.O. Box 53830 Phoenix, AZ 85072-3830
Outside the United States you may also contact any American Express Travel Service Location to report a loss or theft of the Card.
OUR LIABILITY FOR IMPROPER TRANSACTIONS OR PAYMENTS: If a transaction is not completed as you have directed or if we do not complete a transfer to or from your account on time in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable to you in the following instances:
- If, through no fault of ours, your account does not contain enough money to complete the transaction;
- If the funds in your account are subject to legal process or other encumbrance restricting the transaction;
- If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
BUSINESS DAY: For purposes of this Agreement, our business days are Monday through Friday. Holidays are not included.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES: To protect your privacy, we will not disclose any information about your Pay by Computer transactions to any person, except as follows:
1. as necessary to complete transactions;
2. to verify the existence and condition of the Card account for a third party, such as a financial institution or credit bureau (or, for Massachusetts residents, a consumer reporting agency as defined in chapter 93 of the Massachusetts General Laws);
3. to comply with government agency or court orders;
4. to our employees, auditors, service providers, attorneys, or collection agents in the course of their duties;
5. to persons authorized by law in the course of their official duties; or
6. if you give us your written permission.
HOW TO CONTACT US: If for any reason you wish to contact us about the Program, about your participation in the Program or about transactions relating to the Program, write or call us as follows:
Express Cash Operations
P.O. Box 297815
Ft Lauderdale, FL 33329-7815
1-800-CASH-NOW 24 hours a day, 7 days a week
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS: Write or call us at the number or address given above as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on your statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.
1. Tell us your name and Card account number.
2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally we may require that you send us your complaint or question in writing within 10 business days* from the date you notified us.
We will tell you the results of our investigation within 10 business days* after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this we will ensure that your bank recredits your account within 10 business days* for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days* following your oral notification, we may not re-credit your account. For transactions initiated outside the U.S. (and in the event there are transfers resulting from any point of sale debit card transactions), we will have 20 business days instead of 10 business days, and 90 calendar days instead of 45 calendar days, unless otherwise required by law.
(*For Massachusetts residents, 10 calendar days instead of business days.)
If we determine that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. Upon your request we will provide you with copies of the documents that we used in our investigation. If we have provisionally re-credited your account during the investigation and determine that there was no error, we will notify you of the date on which we will re-debit your account, and the amount to be debited. You should make certain that your account contains sufficient funds to cover this debit. If it does not, we have the right to charge such amount to the Card account or to collect the amount from you. If this happens, we may cancel your right to participate in the Program.
TERMINATION: We may revoke your right to participate in the Program, but if we do we will give you written notice of such revocation. You may terminate your participation in the Program but you must do so by writing to us at the address disclosed in the Section of this Agreement entitled "HOW TO CONTACT US."
Your right to participate in the Program will also be terminated if the Card account is canceled for any reason, if you cancel the authorization you have given to your bank to directly charge checks or drafts to your account, or if the account from which payment will be made when you make transactions under the Program is closed. Your participation in the Program also depends upon the Card account remaining in good standing, as we have the right to deny authorization for any requested transaction.
If you close your account, you agree to notify us first and to stop initiating transactions. You agree to pay for any Cheques, cash or services remaining unpaid after termination.
PRIOR AGREEMENTS AND ASSIGNMENTS: This agreement terminates and takes the place of all prior agreements you may have with us relating to the Program using the Card. We have the right to assign this Agreement to a subsidiary or affiliate company at any time.
NOTE FOR MASSACHUSETTS RESIDENTS
GENERAL DISCLOSURE STATEMENT: Any documentation provided to you which indicates that an electronic fund transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.
The initiation by you of certain electronic funds transfers from your account will, except as otherwise provided in this Agreement, effectively eliminate your ability to stop payment of the transfer.
UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT YOU MAY NOT STOP PAYMENT OF ELECTRONIC FUND TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES: If you give us your written authorization to disclose information about you, your Card account or the transactions that you make to any person, that authorization shall automatically expire 45 days after we receive it.