PerfectGift.com Gift Cardholder Agreement

PERFECT GIFT CARDHOLDER AGREEMENT

CARDHOLDER AGREEMENT / TERMS & CONDITIONS

IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“ARBITRATION CLAUSE”) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION AND WAIVING A RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN CLASS ACTIONS. You may reject the arbitration provision by sending us written notice within 45 days after your first card purchase.

IMPORTANT – GIVE THIS AGREEMENT TO THE GIFT CARD RECIPIENT.

TREAT CARD LIKE CASH. NEVER PROVIDE CARD OR CARD/ACCOUNT INFORMATION TO SOMEONE YOU DON’T KNOW – YOU MAY LOSE YOUR MONEY WITH NO RECOURSE.

CUSTOMER SERVICE CONTACT INFORMATION:

Address: 495 Mansfield Avenue, Pittsburgh, PA 15205

Website: www.perfectgift.com 

Toll-Free Customer Service Number: 866-353-4237

This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which a Perfect Gift Visa or Mastercard (“Card”) has been issued to you. The Perfect Gift Visa or Mastercard is a prepaid Card issued by Sutton Bank. All Cards are issued by Sutton Bank and distributed and serviced by Telos Gifting, LLC, which may be contacted by phone at 866-353-4237 or by mail at 495 Mansfield Avenue, Pittsburgh, PA 15205. By accepting and using this Card, signing the back of the Card, activating the Card or authorizing any person to use the Card, you agree to be bound by the terms and conditions contained in this Agreement. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of Sutton Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. These terms and conditions apply to both the purchaser and any other user of the Card. It is the purchaser’s obligation to provide these terms and conditions to any user; however, new terms and conditions may be provided, or any other questions or concerns answered, by calling 866-353-4237.

For purposes of this Cardholder Agreement, Sutton Bank’s business days are Monday through Friday, excluding federal holidays.

1. ABOUT YOUR CARD

The Card is a prepaid Card loaded with a specific amount of funds, redeemable to buy goods and services in the U.S. anywhere Visa and Mastercard, as applicable, is/are accepted. No additional funds may be added to this Card. In this Agreement “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We”, “us”, “our”, and “Bank” mean Sutton Bank, our successors, affiliates or assignees. The Card is NOT a credit card. The Card is not a checking account or connected in any way to any account other than a stored value account where your funds are held. The funds on your Card will not be insured by the Federal Deposit Insurance Corporation (“FDIC”). You will not receive any interest on the funds in your Card. You acknowledge and agree that the value available of the Card is limited to the funds that you have loaded into the Card or have been loaded into the Card on your behalf.

2. USING YOUR CARD

You may use your Card to obtain goods or services wherever the Card is honored. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. Your Card cannot be redeemed for cash or be used to obtain cash in any transaction. Your Card is valid in the U.S. only. It cannot be used at merchants outside of the United States, including internet and mail / telephone order merchants outside of the United States. Although your Card will not be accepted at locations outside of the United States, it is welcome at millions of locations within the U.S. where Visa and Mastercard, as applicable, is/are accepted. Virtual Accounts may be used for electronic commerce, mail order and/or telephone order purchases only and will not be accepted for purchases at physical retail locations.

For security reasons, we may limit the amount or number of transactions you can make on your Card.

The Card cannot be used to obtain cash, for illegal transactions or on-line gambling activity. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

3. DEPOSIT NETWORK SERVICES ACKNOWLEDGEMENT

By utilizing the services, your beneficial funds may be held at Sutton Bank in an omnibus custodial account (“Omnibus Account”). In its ordinary course of business, Sutton Bank may utilize a “Deposit Network Service” to deposit funds from the Omnibus Account into other FDIC insured banks (“Network Banks”). In the event funds from the Omnibus Account are deposited into Network Banks via the Deposit Network Service, Sutton Bank will deliver funds to a custody bank (“Custodian Bank”) participating in the Deposit Network Service. By utilizing the services, you authorize Sutton Bank to utilize a Deposit Network Service as described.

4. SETTING A PERSONAL IDENTIFICATION NUMBER (“PIN”)

You may obtain a PIN for your Card, for PIN debit transactions, by calling 866-353-4237 or visiting www.perfectgift.com. You will be required to provide information about the Card (account number, expiration date and security code) to set the PIN. Any four-digit code will work as your PIN. You must use the same PIN for each subsequent PIN-based transaction, unless and until you choose to reset the PIN. Choose a PIN that you can remember easily. If you need to reset the Card’s PIN, please call 866-353-4237. 

You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that there has been unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Lost or Stolen Cards; Your Liability for Unauthorized Transactions.” CARDS ARE NOT ACCEPTED AT ATMS AND CANNOT BE USED TO OBTAIN CASH IN ANY PURCHASE TRANSACTION.

5. CHECKING YOUR BALANCE

You should keep track of the amount of value loaded on Cards issued to you. You may obtain information about the amount of money you have remaining in your Card account and recent transaction activity by calling 866-353-4237 or visiting www.perfectgift.com. It may also be possible to request a written copy of account transactions by calling 866-353-4237 or by writing to us at 495 Mansfield Avenue, Pittsburgh, PA 152305. 

6. AUTHORIZED USERS

Until you sign or use the card, you may present the Card to another person. You are responsible for all transactions initiated and fees incurred by use of the Card. If you permit another person to have access to the Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

7. AUTHORIZATION HOLDS

You do not have the right to stop payment on any purchase transaction originated by use of your Card. With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If a merchant preauthorizes a transaction from your Card and then you do not make the purchase or payment of the item as planned, the preauthorization may result in a hold on your available funds in the Card account for the preauthorized amount for up to thirty (30) days or more. This timeline is determined by the card network and/or the merchant. 

8. RETURNS AND REFUNDS

If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. 

9. RECEIPTS

You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipt to verify your transactions.

10. SPLIT TRANSACTIONS AND OTHER USES

If you do not have enough funds available in your Card account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself. Payment for pay-at-the-pump stations must be made inside.

YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON YOUR CARD. If you attempt to use the Card when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.

11. OBTAINING A REPLACEMENT CARD

The funds on your Card do not expire. The “valid thru” date indicated on the front of your Card is not an expiration date, but is intended primarily to allow your Card to be used with certain Internet or mail/telephone order merchants, where such information may be required. After the “valid thru” date, your available funds will be temporarily unavailable until you contact 866-353-4237 for a replacement Card with a new “valid thru” date. You will be charged a replacement Card fee Five Dollars ($5.00) if you are ordering a replacement Card due to your Card expiring in order to continue accessing unused funds. If your Card still has unused funds on it after your Card expires, you may order a new Card by calling 866-353-4237.

12. COMMUNICATIONS

You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us. 

13. FEE SCHEDULE

There are no fees associated with your Card, other than the replacement Card fee of $5.00 referenced above.

An activation fee per Card is paid by the purchaser at purchase. 

14. LOST OR STOLEN CARDS; YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS 

Contact us at once by calling 866-353-4237 if you believe the Card has been lost or stolen. You must provide your name, address, Card number, CID, and other details as requested by us to replace your Card. We cannot assist you if you do not have the Card number or do not provide us with the requested information. If, in our sole discretion, we issue a replacement Card, the replacement Card will have a value equal to the Available Balance on the Card at the time you notified us of the loss or theft. Any Available Balances will be temporarily unavailable until you activate your replacement Card. NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM THE LOST OR STOLEN CARD. You acknowledge that purchases made with prepaid card or virtual accounts, such as the Card, are similar to those made with cash. You cannot “stop payment” or “lodge a billing dispute” on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant.

15. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

If we do not complete a transaction to or from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:

a. If, through no fault of ours, you do not have enough funds available in your Card account to complete the transaction;

b. If a merchant refuses to accept your Card;

c. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;

d. If access to your Card has been blocked after you reported your Card lost or stolen;

e. If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

f. Any other instance where there is no fault of ours, and any other exception stated in our Agreement with you.

16. NO WARRANTY

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

17. MOBILE PAYMENT AND DIGITAL WALLET SERVICES

Additional terms and conditions apply to use of your Card in certain supported mobile payment and digital wallet services (each a “Digital Wallet”) offered through one or more software application(s) on your eligible device (the “Device”). Please refer to those terms and conditions, which are incorporated by reference into this Agreement.

18. AMENDMENT AND CANCELLATION

We may amend or change the terms of this Agreement at any time, subject to applicable law. You will be notified of any change in the manner required by applicable law prior. However, if the change is made for security purposes, we can implement such change without prior notice.

We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

19. OTHER TERMS

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Ohio except to the extent governed by federal law.

20. ARBITRATION

You or we may elect to resolve any claim by an individual arbitrator. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, you and we hereby waive the right to litigate the claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. 

Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement, your Card, your purchase of the Card, your usage of the Card, or transactions on the Card, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.

We will pay all fees associated with administration of arbitration, including fees to commence the arbitration. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.

Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

Solely for purposes of this Section (“Arbitration”), “We” or “Us” shall mean the Issuer, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card.

You may reject this Arbitration provision by sending a written rejection notice to us at: 495 Mansfield Avenue, Pittsburgh, PA 15205. Your rejection notice must be mailed within 45 days after your first card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the cardmember agreements for any other currently open Perfect Gift accounts you have will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this section or the Agreement. 

This Agreement is effective December 21, 2021.

Please refer to your Card to determine your card network. 

The Perfect Gift Card is issued by Sutton Bank, member FDIC, pursuant to license by Visa U.S.A. Inc.

The Perfect Gift Card is issued by Sutton Bank, member FDIC, pursuant to license by Mastercard International Incorporated.