Square Cardholder Agreement and Terms of Service
IMPORTANT: AS OF JULY 20, 2021, THESE TERMS OF SERVICE AND CARDHOLDER AGREEMENT ARE NO LONGER EFFECTIVE, AND HAVE BEEN REPLACED AND SUPERSEDED BY THE SQUARE CHECKING TERMS OF SERVICE, WHICH CAN BE FOUND HERE.
Last updated: February 25, 2020
SQUARE CARD TERMS OF SERVICE
We’ve included annotations in the gray boxes below to emphasize certain portions of our terms and help guide you as you read them. The annotations aren’t summaries, so please take the time to read everything!
This page explains our terms for Square Card. By using the service you agree to these terms. If you use our services on behalf of your company, that company agrees to them too.
These Square Card Terms of Service (the “Square Card Terms”) govern your use of the Square Card and payment services associated with the Square Card (collectively, the “Service”) offered by Square, Inc. (“Square,” “we,” “our,” or “us”). By using the Service, you agree to be bound by these Square Card Terms, the E-Sign Consent, and the General Terms of Service (“General Terms”) and all other terms, policies, and guidelines applicable to the Services, including, but not limited to, the Payment Terms. If you are using the Service on behalf of a business or entity, that business or entity accepts these terms and you represent to us that you have authority to bind that business or entity to these terms.
I. Square Card
1. Issuance of the Square Card
We partner with Sutton Bank to offer Square Card, a prepaid debit card. By using Square Card, you are entering into contractual relationships with both Square and Sutton Bank. We can cancel your Square Card for any reason, including if we think your custom signature is inappropriate.
Square has arranged for Sutton Bank, member FDIC, to provide you with access to a prepaid payment card under the Square Prepaid Card Program (“Square Card”). By using the Square Card, you also agree to the Square Seller Prepaid Card Program Cardholder Agreement (“Square Prepaid Card Terms”), which may be updated from time to time. For the avoidance of doubt, the Square Prepaid Card Terms are between you and Sutton Bank, not Square, and in the event of any inconsistency between these Square Card Terms and the Square Prepaid Card Terms, the Square Prepaid Card Terms shall govern your use of the Square Card and your relationship with Sutton Bank.
- To request a Square Card, you need to follow in-app prompts to request a card and provide your mailing address and custom signature.
- Once you receive your card in the mail you must follow the directions in the mailing to activate your card prior to use. Your personal identification number (“PIN”) will be the code you set as your Square passcode.
- You are not permitted to use custom signatures to depict inappropriate subject matter, the intellectual property rights of others, or an ink-intensive design. We reserve the right to reject signatures and card applications for any reason.
Your card may be cancelled, repossessed, and/or revoked at any time without prior notice at our discretion (including for depicting a prohibited signature) subject to applicable law.
2. Using the Square Card
You can use Square Card anywhere Mastercard debit cards are accepted. You authorize us to make all of the funds in your Square account available for spending via your Square Card.
The Square Card is a business prepaid card that can be used to make purchases at any merchant who accepts MasterCard debit cards. You will be able to spend the available Square balance once you have activated the Service. Please note that upon activating the service, you instruct Square to make the available Square balance available for making purchases with your Square Card. You further instruct Square to initiate necessary transfers to make this Square balance available for making purchases with your Square Card. These funds are held in pooled accounts in banks on your behalf and for the benefit of you and others holding such balances.
3. Payment Transaction Limits
When you use your Square Card, you can only spend funds you have in your Square account. If you overspend, we can recover any negative balance by deducting from the future payments you receive in your Square account or by debiting your linked bank account.
Some businesses may authorize or temporarily charge an amount higher than your actual purchase amount. That amount will not be available for you to spend until the merchant finalizes and sends us the actual purchase amount.
You can only make transactions using the Square Card to the extent that you have funds in your Square balance to support those transactions. If you make a purchase or other transaction that exceeds the balance available in your Square Account, you agree that we can recover any negative balance incurred through various means including but not limited to your transaction proceeds and linked funding sources. If you have zero funds in your Square Account, any subsequent transaction authorizations using your funds in the Square Account will be declined. Any transaction attempted for more than the amount available in your Square Account may be declined if that merchant does not accept more than one form of payment.
- When you use your Square Card to initiate a transaction at certain merchant locations, websites or mobile applications where the final purchase amount is unknown at the time of authorization, the merchant(s) may choose to authorize a hold of an amount in excess of the actual transaction amount. The hold will be placed on the available funds in your Square balance for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant has sent the final transaction amount. During that period, you will not have access to the funds subject to the hold.
4. Access to Physical Cash
You can get cash by using your Square Card at an ATM, or by transferring your Square account balance to your linked bank account and withdrawing cash from your bank account.
You may transfer your balance to your external bank account free of charge subject to normal processing times and withdraw physical cash from that account, as permitted by your bank.
You may use your Square Card to obtain cash at ATMs that display the Mastercard marks or at any point-of- sale (POS) devices that bear the Mastercard marks as permitted by the merchant and subject to your available Square balance, the cash access transaction limits and other terms described in Section 21 of the Square Prepaid Card Terms. ATM withdrawals may be subject to withdrawal fees.
5. No Cash Value
We are not responsible if your Square Card is lost, stolen, destroyed, or used without your permission.
The Square Card is not redeemable for cash or other cards, and cannot be resold, exchanged or transferred for value, except as required by law. Square disclaims all express or implied warranties as to the Square Card. Except as otherwise set forth herein or required by applicable law, Square is not responsible if your Square Card is lost, stolen, destroyed, or used without your permission.
6. Illegal Activity
Don’t use Square Card for any illegal activity or internet gambling. You are responsible for all your Square Card transactions. Notify us if you see any unusual activity on your Card.
The Square Card may not be used for any illegal activity. You agree not to use the Square Card for Internet gambling, whether or not internet gambling is illegal in the jurisdiction in which you are located. You are liable for transactions you initiate by the use of the Square Card, whether deemed legal or illegal. You shall notify us promptly if you become aware of any unusual, illegal, unfair or deceptive activity involving the Service or any of Square’s services.
7. No Right to Stop Payment
You do not have the right to stop payment on a transaction originated with the Square Card. You are responsible for all authorized transactions initiated by use of the Square Card.
8. Cancelling Card
If you lose or want to cancel your Square Card, you can do it yourself in Dashboard or by contacting support at +1 866-200-8599 or [email protected]
Transactions initiated before you canceled your Card will still be processed.
If you have misplaced your Square Card, or you otherwise want to prevent future transactions from your Square Card, you may cancel the Square Card in the Square Card management section of the Square Point of Sale app or Dashboard. Cancelling your card will not prevent processing of pending transactions initiated prior to cancelling your Square Card. A Square Card will only be considered cancelled” once you have properly provided confirmation that the card has been cancelled.
You may also cancel your Square Card by contacting support through +1 866-200-8599 OR [email protected]
9. Request New Card
If your card is lost or stolen and you want to request a new card, you should report the card lost or stolen by selecting “Problem with Card” in the Square Card management section of the Square Point of Sale app or Square Dashboard. After you have reported the card lost or stolen and cancelled the card as outlined under Section 8, you will be prompted to request a new Square Card.
10. Card Cancellation By Square
We will inform Sutton Bank if we determine that you are no longer eligible for your Square Card. If you are no longer eligible for your Square Card it may be canceled at any time without notice as detailed in Section 43 ( Cancellation and Suspension) in the Square Prepaid Card Terms and your funds will be returned to you unless they are the subject of an investigation into suspected unlawful activity, or if Square is otherwise required by law to withhold your funds.
Refunds for Square Card transactions will be credited to your Square balance after we receive notice from Sutton Bank of the amount of credit from refunds that is available to be returned to your Square balance.
In order to use our Services, you must create a Square account, which may include providing us with certain personal identification information so we can verify your identity. We may follow up with additional inquiries and might use third parties to help us do so.
You must be a resident of the United States and at least 18 years, and the age of majority in your State of residence, or older to use the Services.
III. Square Account and Communication
1. Square Account
Your Square Account consists of the information entered or collected in the course of signing up for Square’s services including but not limited to the Service and any information you subsequently add or update from your settings. You represent and warrant that any information you enter in your Account is true and accurate. All Square Account information is subject to Square’s Copyright and Trademark Policy.
To register, create and use the Account and the Service, we may require that you submit certain information, including but not limited to your name, email address, text-enabled cellular/wireless telephone number, street address or zip code, date of birth, social security number, and a government issued form of identification to Square. You agree that the information you provide is true, accurate, current and complete, and you agree to maintain and update this information with us as necessary.
The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified you may be required to set up a new account.
You hereby authorize Square, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources.
In connection with your use of the Services, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law and/or Square Card Terms, (b) provide confirmation of your identity or, (c) provide confirmation of any information you provide us.
2. Card Spend Report
You may view your card spend report by logging into your Square Account.
3. Sharing of Your Information
4. Text Messages
When you provide us with a mobile number, you’re authorizing us to send text messages to that number.
By providing us with a mobile phone number, you consent to receiving text (SMS) messages from us. If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your plan with your mobile phone carrier.
1. Square Balance
We may limit the number or size of transfers from your Square balance to your bank account for various reasons including risk, identity verification, investigations or chargebacks. If your account is under investigation, we may hold your funds for up to 180 days. You are liable for amounts you owe even if your account is closed.
You may transfer funds from your Square balance to your bank account from your Square dashboard. We may limit how many transfers you can initiate from your Square balance to your bank account and how much money you can transfer in a single transaction. We reserve the right to delay or further limit such transfers while we screen for risk, or we may request you provide additional information to verify your identity.
Limitations: You may not transfer funds from your Square balance to your bank account to evade a payment investigation. If you attempt to transfer your Square balance while we are conducting an investigation, we may hold your funds for up to 180 days to protect Square or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
Square may limit the funding sources available for your use for a specific transaction to reduce risk.
Each funding source will have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.
V. OTHER LEGAL TERMS
You will use Square Card legally and in accordance with credit card network rules. You agree to not abuse the payment system or the service. We may block or reverse any transaction, including those that violate our terms or the law, at your expense.
1. Limitations on Use
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, and for all communications you send through the Service.
You further agree that in connection with your use of the Services, or in the course of your interactions with Square, a user or a third party, you will not (a) use your account or the services in a manner that Square, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the payment card system or a violation of payment card association rules, (b) provide yourself a cash advance from your credit card (or help others to do so), or (c) use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card (d) use the Service or your Square Account to receive an unjust benefit or enrichment.
We reserve the right to block, refuse, or reverse any Payment, in our sole discretion. We will notify the Sender promptly if we decide to do so, but notification is not required if the Sender attempted to make a Payment prohibited by these terms or applicable law. Neither we nor third parties to whom we assign or delegate rights or responsibilities will be liable for any claims or damages resulting from Senders’ initiation of prohibited Payments. All costs for research and resolution for any misapplied, misposted or misdirected prohibited Payments will be your sole responsibility and not ours.
2. Referral Programs
From time to time, we may offer referral programs or incentives for inviting others to use the Service (a “Referral Program”). Any bonuses or incentives under such Referral Program shall be subject to the then current Referral Program terms, if applicable, and otherwise at our sole discretion.
As a Square Card user, you may be asked to provide certain information used to assist Square in complying with its obligations under the United States Internal Revenue Code and the applicable Treasury Regulations. By providing Square with this information you are certifying that the information provided is true and accurately reflective of your use of the Service.
4. Other Provisions
These Square Card Terms, along with any applicable additional terms or policies, are a complete statement of the agreement between you and Square regarding the Services.
SQUARE SELLER PREPAID CARD PROGRAM CARDHOLDER AGREEMENT
IMPORTANT-PLEASE READ CAREFULLY
FOR QUESTIONS OR ASSISTANCE, PLEASE CONTACT SQUARE SELLER CUSTOMER SERVICE AT +1 866-200-8599 OR E-MAIL US AT [email protected]
TABLE OF CONTENTS
- This Agreement.
- Important Information About Opening an Account.
- Your Consent.
- Your Right to Withdraw Consent.
- You Must Keep Your Contact Information Current With Us.
- Copies of Communications.
- Hardware and Software Requirements.
- Participating in the Program.
- Square Seller Card Account.
- Activating Your Card.
- Setting a PIN & PIN Security.
- Adding Your Card to a Digital Wallet.
- Card Security.
- Lost or Stolen Card Number.
- Authorized Users.
- No Secondary Cardholders.
- Using Your Card.
- Cash Access.
- Adding Funds to Your Square Seller Card Account.
- Transaction Limits.
- Transferring Funds From Your Square Seller Card Account to Your Square Account.
- Square Seller Card Account Balance.
- Transaction History.
- Account Alerts.
- Verified Mobile Device.
- Preauthorized Transfers.
- Transactions in Foreign Currencies.
- Refunds and Disputes.
- Replacement Cards on Expiration.
- Our Liability to You.
- Errors or Questions About Your Square Seller Card Account Transactions.
- Your Liability for Unauthorized Transactions.
- Unclaimed Property.
- Severability and Waiver.
- Entire Agreement.
- Cancellation and Suspension.
- Business Days.
- English Language Controls.
- Telephone Monitoring/Recording.
- Website Availability.
- Governing Law.
- Notification of Changes.
- LIMITATION OF LIABILITY.
- DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER.
- Contact Information for Customer Service.
1. This Agreement.
This Square Seller Prepaid Card Program Cardholder Agreement (this “Agreement”) represents an agreement between you and Sutton Bank, member FDIC (the “Bank”), and outlines the terms and conditions governing the Square Seller Prepaid Program (the “Program”). This Agreement supplements but does not replace the Square Terms of Service and the Square Card Terms of Service. In the event of an inconsistency between this Agreement and the Square Terms of Service and the Square Card Terms of Service, this Agreement shall govern and control your Square Seller Card Account, use of the Card and your relationship with the Bank. “Card” means the Square Seller Mastercard® Prepaid Card issued by Bank through which you can obtain funds transferred from your Square Account to the Square Seller Card Account (See Adding Funds to Your Square Seller Card Account). Card will be a physical card embossed with a 16-digit number (See Obtaining a Physical Card). By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement, as well as the Square Card Terms of Service between you and Square, Inc. (“Square”). “Authorized User” means any designated person authorized by you to use the Square Seller Card Account on your behalf. “Square Seller Card Account” means the records maintained by Bank for each Card to evidence transactions initiated with the Card. “Square Account” means the “Square Account” as defined in the Square Terms of Service. “Square Terms of Service” means the terms of service for your use of Square’s Services, including but not limited to, the Program, all located at https://squareup.com/legal/ua. “You” and “your” mean the business that receives a Card and/or the persons who receive a Card on behalf of a business and are authorized to use a Card as provided for in this Agreement, including any Authorized User. “We,” “us,” and “our” mean the Bank and its successors, affiliates, and assignees. Capitalized terms used and not defined herein shall have the meanings assigned to them in the Square Terms of Service. Please read this Agreement carefully and keep it for future reference.
THIS AGREEMENT INCLUDES, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER AND YOUR AUTHORIZATION FOR THE CARD (AS DEFINED ABOVE) TO BE CHARGED FOR ALL FEES ASSOCIATED WITH THE PROGRAM.
2.IMPORTANT INFORMATION ABOUT OPENING AN ACCOUNT.
TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN AN ACCOUNT OWNER OPENS A SQUARE SELLER CARD ACCOUNT, WE WILL ASK FOR ACCOUNT OWNER’S AND ANY AUTHORIZED USER’S NAME, PHYSICAL ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY THE ACCOUNT OWNER AND AUTHORIZED USER. WE MAY ALSO ASK ACCOUNT OWNER AND AUTHORIZED USER TO PROVIDE YOUR SOCIAL SECURITY NUMBER. BY ACCEPTING THE CARD, YOU CONFIRM YOU HAVE AUTHORIZED SQUARE TO PROVIDE US WITH THIS INFORMATION.
3.CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS.
Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
4. Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by writing to Square, Inc., 1455 Market Street, Suite 600, San Francisco, CA 94103, USA, Attn: Customer Support - Legal (“Square Address”). If you withdraw your consent to receive Communications electronically, we will close your Square Seller Card Account, and you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
5. You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your information in your Square Account.
We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
We cannot accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account Information to such individual.
6. Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
7. Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) an up to date and valid email address or phone number that you have access to; (2) a computer or other mobile device (such as tablet or smartphone) that operates on a platform like Windows or a Mac environment capable of supporting all of the following; (3) a connection to the Internet; (4) a Current Version of Safari, or Mozilla Firefox, Chrome, iOS, or Android ; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader latest version; (6) for mobile devices, a recent device operating system that supports text messaging, downloading, and applications from the Apple App Store and Google Play Store; and (7) a printer to print out and save Communications in paper form or electronic storage space to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
8. Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating the [Square E-Sign Consent] page on the Square Website or delivering notice of such termination or change electronically.
10. Card. The Card is issued by the Bank. The Card is not a gift card or gift certificate. The Card is not a credit card. The Card is a prepaid debit card. The Card remains the property of the Bank and must be surrendered upon demand. The Card cannot be redeemed for cash. The Card is meant to be used primarily for business purposes only and, therefore, is not extended consumer protections, including Regulation E protections. The Card is not for resale and may not be transferred or assigned. The Card is not connected in any way to any other account with us. The Card is non-transferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
11. Square Seller Card Account. You acknowledge and agree that the value available in your Square Seller Card Account is limited to the funds available in your Square Account. The funds associated with your Square Seller Card Account are not insured by the Federal Deposit Insurance Corporation. You will not receive any interest on the funds in your Square Seller Card Account. In addition, you acknowledge and agree that the Square Seller Card Account is meant to be used primarily for business purposes only and, therefore, will not be extended consumer protections, including Regulation E.
13. Setting a PIN & PIN Security. When you activate your Card, you will be asked to set a PIN. When selecting a PIN, you should not use numbers or words that appear in your wallet (e.g., date of birth, address, or social security number). You must memorize your PIN. Do not write the PIN on a Card or keep it in the same location as the Card. Do not share your PIN with anyone.
14. Adding Your Card to a Digital Wallet. You may elect to add your Card to one or more digital wallets (“Digital Wallets”) supported by Bank and subject to the Terms for Adding Your Square Seller Prepaid Card to a Digital Wallet (“Digital Wallet Terms”). The Digital Wallet provider may allow you to conduct Transactions at a point of sale device and you may not be able to use your Card to perform Transactions at such point of sale devices until you have selected PIN pursuant to this Agreement. Contact Customer Service at 1-844-853-2281, on by e-mail at [email protected] immediately if you believe someone has gained unauthorized access to your PIN, or someone has transferred or may transfer funds from your Square Seller Card Account without your permission.
15. Fees. Neither we nor Square will charge you any fees for you to obtain or use your Card. Third party fees may apply for participating in the Program as described in Section 21 Cash Access and Section 26 Account Alerts in this Agreement.
16. Card Security. Do not share your Card number or PIN with anyone. You should treat your Card number with the same care as you would treat cash. Either memorize your Card number or keep it in a safe place. Do not send your Card number in an e-mail or text message. Make sure your Card number is secured with encryption when you use your Card to perform transactions over the Internet or wireless networks. If you believe that anyone has gained unauthorized access to your Card number, you should advise us immediately, following the procedures in Section 17 Lost or Stolen Card Number.
17. Lost or Stolen Card Number. The Square Seller Card Account is a commercial card account and does not provide consumer protections, including Regulation E protections, for lost or stolen Cards or unauthorized transactions. Until you report a Card as lost or stolen or report an unauthorized transaction on a Square Seller Card Account, you are fully responsible for all transactions, even if the Card is lost, stolen or used for unauthorized transactions. Contact Customer Service immediately if you or an Authorized User believe: (a) your Card or Card number has been lost or stolen, or (b) someone has transferred or may transfer funds from your Square Seller Card Account without your permission. Contacting Customer Service by telephone at 1-844-853-2281 is the best way to minimize your possible losses. If you need to replace any Card that is reported lost or stolen, you can do so by contacting Square at [email protected] or 1-844-853-2281. You will be required to provide personal and business information which may include your Card number, full name, transaction history and other relevant information.
19. No Secondary Cardholders. You may not request an additional Card for another person.
20. Using Your Card. You may use your Card to make purchases from merchants as described below:
(a) Using your Card for Purchases. You may use your Card to make business purchases at any merchant that accepts Mastercard debit cards or debit cards of other networks in which the Bank participates, subject to the funds available in your Square Account for funding the Square Seller Card Account, the transaction limits described below, and the other terms and conditions of this Agreement. See section titled “Adding Funds to your Square Seller Card Account” for instructions on how to fund your Square Seller Card Account for making transactions. You may not use your Card for making purchases at any vending machines, kiosks or gas station pumps. Each time you use your Card, you authorize us to reduce the value available in your Square Seller Card Account by the amount of the transaction and any applicable fees. The new balance will be available for making purchases with your Card. You are not allowed to exceed the amount of available funds in your Square Account through an individual transaction or a series of transactions. If you do not have enough funds available in your Square Account to fund your Square Seller Card Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount using another payment method. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Nevertheless, if a transaction exceeds the amount of available funds in your Square Account, you will be fully liable to us for the full amount of the transaction and any applicable fees. When making purchases with your Card at any point-of-sale (“POS”) device other than through a Digital Wallet provider, you may select “CREDIT” on the keypad to make a signature purchase. You may not use your Card for online gambling or illegal transactions and we may refuse to process any transaction we believe violates the terms of this Agreement. We may temporarily “freeze” your Square Seller Card Account and attempt to contact you if we notice transactions that are unusual or appear suspicious.
(b) Merchant Holds on Available Funds. When you use your Card or Card number to initiate a transaction at certain merchant locations, websites or mobile applications, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in your Square Seller Card Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven days for the hold to be removed. During that period, you will not have access to the funds subject to the hold.
21. Cash Access. With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) that bears the Mastercard®, Maestro®, or PULSE® Acceptance Mark, or you may use your Card to withdraw funds at any POS device, as permissible by a merchant, that bears the Mastercard® or PULSE® Acceptance Mark. Some of these services may not be available at all terminals. Any funds withdrawn from an ATM or POS device are subject to the transaction limits established under this Agreement. The maximum amount that can be withdrawn at an ATM or a POS device is $250 per transaction, $1,000.00 per day and $2,000.00 per month. For security purposes, we may, in our sole discretion, limit your use of your Card at ATMs or POS devices. If you seek to withdraw cash from a merchant POS device, please note that each merchant may establish limits as to how much cash may be obtained from a POS device at a single time or through a single location. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. We are not responsible for such fee. The amount of the fee should be disclosed at the ATM. Any such fee will be deducted from the balance of the Card, along with the amount of the withdrawal performed at the ATM.
22. Adding Funds to Your Square Seller Card Account. Subject to the limitations set forth in this Agreement, the only funds available for funding your Square Seller Card Account are the funds in your Square Account. You acknowledge and agree that by registering for the Program you authorized Square to transfer all of the funds available in your Square Account to your Square Seller Card Account as provided in this paragraph until you withdraw from participating in the Program. When the Card is used for a transaction at a merchant, an authorization request will be transmitted to us from a merchant. We will communicate with Square to determine if you have sufficient funds in your Square Account available to fulfill the transaction authorization request. If Square notifies us that funds are available for the transaction and the transaction itself is authorized, the funds will be transferred from your Square Account to your Square Seller Card Account. The funds will then be debited from your Square Seller Card Account for the amount of the transaction. If Square notifies us that there are not sufficient funds available for the amount of the purchase or the transaction itself is not authorized, then no funds will be added to the Square Seller Card Account and the transaction will be declined. Any withdrawal of your participation in the Program will be effective only after we have a reasonable period of time to process your withdrawal. The value available in the Square Seller Card Account is limited to the funds that have been transferred from your Square Account to the Square Seller Card Account. You may not add funds to your Square Seller Card Account by any other method, including credit cards, debit cards, bank accounts, cash or by sending personal checks, cashier’s checks, retailer load networks (e.g. GreenDot, MoneyGram, Western Union, etc.), or money orders to the Bank. The Bank will return all checks and money orders unless your Square Seller Card Account has a negative balance, in which case the Bank may, in its sole discretion, apply the proceeds of the check or money order towards the negative balance of your Square Seller Card Account.
23. Transaction Limits.
These are the maximum amounts that can be spent using your Card.
Maximum spend per transaction: USD 10,000
Maximum spend per day: USD 25,000
Maximum spend per week: USD 50,000
Maximum spend per month: USD 150,000
Maximum withdrawal at an ATM or POS device per transaction: USD 250
Maximum withdrawal at an ATM or POS device per day: USD 1,000
Maximum withdrawal at an ATM or POS device per month: USD 2,000
In order to protect your Square Seller Card Account, we may temporarily impose limits on the dollar amount, number, and type of transactions performed using your Card and your Square Seller Card Account. To the extent permitted by applicable law, we reserve the right to: (a) change the transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions: and (c) limit, suspend, or block transfers from particular persons, entities, or Square Seller Card Accounts.
24. Transferring Funds from Your Square Seller Card Account to Your Square Account. You acknowledge and agree that by registering for the Program you authorize us to transfer funds from your Square Seller Card Account to your Square Account as described in the paragraphs labeled “Refunds and Disputes” and “Errors or Questions About Your Square Seller Card Account Transactions.”
25. Square Seller Card Account Balance. You are responsible for keeping track of your Square Account available balance for adding funds to your Square Seller Card Account and your Card. It is important to know the amount of available funds in your Square Account for adding funds to your Square Seller Card Account before performing a transaction. Merchants generally will not be able to determine your available balance. If you do not have sufficient available funds in your Square Account for adding funds to your Square Seller Card Account to cover the transaction amount, the transaction will be declined. You acknowledge and agree that the funds available to perform transactions are limited to the funds that have been added to your Square Seller Card Account from your Square Account that are not subject to a hold. You are not authorized to use funds added to your Square Seller Card Account in error. Any transaction that could create a negative balance for your Square Seller Card Account is not permitted. Adjustments may be made to your Square Seller Card Account to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to your Square Seller Card Account. These processing and adjustment entries could cause your Square Seller Card Account to have a negative balance. If your Square Seller Card Account has a negative balance, you agree: (a) that we may automatically apply any subsequent transfers to your Square Seller Card Account to satisfy the negative balance and (b) to pay us on demand by a personal check, money order, or other payment method authorized by us for the amount of the negative balance. If no future funds are added to your Square Seller Card Account, we may send you a notice explaining the reason for the adjustment and requesting payment by a personal check, money order, or other payment method to satisfy the negative balance. Payments should be mailed to us at the address provided below or the address stated in the applicable notice.
26. Transaction History. You may obtain information about the available funds in your Square Seller Card Account and a 60-day history of your Square Seller Card Account transactions on your Square Dashboard, via the Website. You will not receive paper statements for your Square Seller Card Account.
27. Account Alerts. If you provide your mobile phone number, other text message address or download the App to mobile device, we will send you important notices to the mobile number, text message address or mobile device you have provided in the App. In addition, if you provide your mobile phone number, other text message address or download the App to another mobile device to us, you expressly consent to receive text messages relating to your Square Seller Card Account at that number, address or device. Third-party data and message fees may apply.
28. Verified Mobile Device. When using the App and other Program services with your mobile device, you must provide a valid mobile device number or text message address in the App and verify such number or text message address as instructed by us. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.
29. Preauthorized Transfers. No preauthorized transfers will be allowed.
30. Transactions in Foreign Currencies. If you make a purchase using your Card in a currency other than in U.S. dollars, the amount deducted from the available funds in your Card Account will be converted by Mastercard into U.S. dollars. The applicable exchange rate will be selected by Mastercard from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Mastercard itself receives or the government-mandated rate. The exchange rate used on the central processing date may be different than the rate that was in effect on the date you performed the transaction.
31. Receipts. You should request and obtain a receipt for each Card transaction. You agree to retain, verify, and reconcile your Card transactions and receipts.
32. Refunds and Disputes. You will not receive cash refunds for Card transactions. If a merchant gives you a credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment. After we process a credit adjustment we will notify Square that the amount of credit is available to be returned to your Square Account. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase with your Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.
34. Replacement Cards on Expiration. The expiration date of your Card is identified on the back of the Card. If Square notifies us that there is a positive balance of funds in your Square Account upon expiration of your Card and your Square Seller Card Account is in good standing, we may issue you a new Card. We may also issue you a new Card when your Card expires even if you have no funds available in your Square Account for adding funds to your Square Seller Card Account. Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. If you need to replace your Card for any reason, please contact Customer Service. You will need to provide certain User Information so we can verify your identity.
35. Our Liability to You. If we do not complete an electronic fund transfer to or from your Square Seller Card Account on time or in the correct amount according to this Agreement, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable if: (a) through no fault of ours, you do not have enough available funds in your Square Seller Card Account to perform the transaction; (b) circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster) prevent or delay the transfer despite reasonable precautions taken by us; (c) the system, was not working properly, and you knew about the problem when you initiated the transaction; (d) the funds in your Square Seller Card Account are subject to legal process or are otherwise not available for transactions; (e) the merchant refuses to accept your Card; (f) if access to your Card has been blocked after you reported your Card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; (h) the transaction cannot be completed because your Card is damaged; or (i) any other exception stated in this Agreement.
36. Errors or Questions About Your Square Seller Card Account Transactions. Contact Customer Service as soon as you can if you think an error has occurred involving your Square Seller Card Account. We must hear from you no later than 60 days after the earlier of the date you electronically access your Square Seller Card Account, if the error could be viewed in your electronic transaction history, or the date we sent the FIRST written transaction history on which the error appeared. When you send notification of an error involving your Square Seller Card Account, you will need to tell us: (a) your name, your name and Card number; (b) why you believe there is an error and the dollar amount involved; and (c) approximately when the error took place. We will review the information submitted in a commercially reasonable manner, but given that the Program implements a commercial product, you are not entitled to and we are not obligated to follow the requirements or obligations of the Electronic Funds Transfer Act and Regulation E promulgated thereunder, which only apply to consumer transfers. If you need more information about our error resolution process, contact Customer Service.
37. Your Liability for Unauthorized Transactions. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or you believe a transaction has been made without your permission using information from your Card, your PIN, or Square Seller Card Account, or you could lose all the money in your Square Seller Card Account. Contact Customer Service immediately at the number or address provided below to keep possible losses to a minimum.
38. Unclaimed Property. If your Square Seller Card Account becomes inactive (e.g., if you do not use the funds in your Square Seller Card Account or access your Square Seller Card Account for a certain period of time), applicable law may require us to report the funds in your Square Seller Card Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Square Seller Card Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Square Seller Card Account to a state varies by state, but usually ranges between two and five years.
39. Assignment. To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card, your Square Seller Card Account, or this Agreement without our prior written consent.
40. Severability and Waiver. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.
41. Amendment. We may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of this Agreement on the Website or delivering notice of changes to you electronically.
42. Entire Agreement. This Agreement constitutes the entire and sole agreement between you and us with respect to the Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Program.
43. Cancellation and Suspension. To the extent permitted by applicable law, we may cancel or suspend your Card, your Square Seller Card Account, or this Agreement immediately, for any reason, and without notice to you. You may cancel your Card, your Square Seller Card Account, or this Agreement at any time by notifying Customer Service at the number or address provided below. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to such cancellation or suspension. In the event that your Square Seller Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. The Bank reserves the right to refuse to return the unused balance if it is less than $1.00.
44. Business Days. Our business days are Monday through Friday, excluding federal holidays.
45. English Language Controls. Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
46. Telephone Monitoring/Recording. You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.
47. Website Availability Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
You agree to act responsibly with regard to our website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website’s systems and integrity.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
48. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Ohio, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
49. Indemnification. At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
50. Notification of Changes. If your U.S. mail or postal address, or email address or telephone number changes, you must notify us immediately. Failure to do so may result in information regarding the Card or Square Seller Card Account being delivered to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Square Seller Card Account. You must notify us immediately in the event of the insolvency, receivership, conservatorship, bankruptcy, reorganization or change in Principal Owners. Your Square Seller Card Account may be terminated by us in the event a change of control, reorganization, restructuring, conversion, consolidation, division or merger of Principal Owner.
51. LIMITATION OF LIABILITY. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards, the Square Seller Card Accounts, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, the Square Seller Card Accounts, any products or services purchased using Square Seller Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us).
52. DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER. For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Cards, the Square Seller Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this Section, “we” and “us” mean the Bank and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” includes Square and any third party providing any product, service, or benefit in connection with the Cards, the Square Seller Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving contract disputes. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in your state or municipality within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) subject to the paragraph labelled “Limitation of Liability,” the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This Section will survive termination of your Square Seller Card Account or this Agreement as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 1-800-778-7879 or visit the AAA website at http://www.adr.org.
53. Contact Information for Customer Service. For customer service, you may contact Square by emailing us at [email protected], by phone at +1 866-200-8599, or by writing to Square, Inc., 1455 Market Street, Suite 600, San Francisco, CA 94110.
This Card is issued by Sutton Bank pursuant to license by Mastercard U.S.A. Incorporated.
Mastercard® is a registered trademark of Mastercard International Incorporated. All other trademarks and service marks belong to their respective owners.