Last Revised:
| Annual Percentage Rate (APR) |
29.99%.This APR is fixed. |
| APR for Balance Transfers | Balance transfers are not offered. |
| APR for Cash Advances | Cash advances are not offered. |
| Penalty APR and When It Applies | There is no Penalty Rate for your Account. |
| How to Avoid Paying Interest | Your due date is 21 days after the statement closing date. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. |
| Minimum Interest Charge | None |
| For Credit Card Tips from the Consumer Financial Protection Bureau | To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau. consumerfinance.gov/learnmore. |
| Annual Fee | $0, $50, $100 |
| Transaction Fees Foreign Transaction |
3% of each transaction in U.S. dollars |
| Penalty Fees Late Payment Returned Payment |
Up to $25 Up to $40 |
How We Will Calculate Your Balance: We use a method called “Average Daily Balance (including Current Transactions).” See your Credit Card Agreement below for more details.
Billing Error Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in this Credit Card Agreement.
APR for Purchases: Your APR on purchases is fixed at 29.99%.
If your Account is fully or partially secured, see the enclosed Security Agreement for important information about your Account.
StellarFi Visa® Credit Card Agreement
Welcome to your StellarFi Visa Credit Card Account. Please read this Agreement and keep a copy for your records. Let’s get started!
PLEASE READ THIS AGREEMENT CAREFULLY.
This Agreement also includes an Arbitration provision that limits the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative action, as well as discovery and rights to appeal. You can opt out of the Arbitration Provision by following the instructions in Section 23 and notifying us within the specified time.
This StellarFi Visa Credit Card Agreement (this “Agreement”) contains the terms and conditions that govern the use of your StellarFi Visa Credit Card and corresponding credit card account, which has been issued to you by Transportation Alliance Bank, Inc. dba TAB Bank. (the “Bank” or “us” or “our”). StellarFinance, Inc. (“Program Manager”) is the Bank’s program partner responsible for managing the Account and providing customer service on the Bank’s behalf.
We have agreed to lend you money as described in this Agreement, and you agree to pay us back together with interest charges and fees. You do not have to sign this Agreement, but once you have activated, accepted, signed or used the Card or the Account, you acknowledge and agree to the terms and conditions contained in this Agreement, which includes an arbitration provision (provided, however, if you are a Covered Borrower (as defined below), the arbitration provision shall not apply). The application you signed or otherwise submitted (including the federal and state notices), any temporary card and the card carrier the Bank sends with your Card are part of and are incorporated into this Agreement. Please read them in their entirety and keep them for your records.
This Agreement outlines your responsibilities and ours. This Agreement includes the Summary of Account Terms, above and the terms below. In addition to this Agreement, your Card and Account are governed by statements, our privacy policy, all disclosures and materials provided to you before and when you applied for and/or opened your Account and any future changes to the aforementioned documents.
You can contact us with questions or other matters about your Account by:
If you attempt to contact us by other means, we may not receive your message and may not be able to respond in a timely manner, or at all.
The Equal Credit Opportunity Act prohibits us from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, and age; because all or part of the applicant’s income derives from any public assistance program; or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act.
Important Information About Procedures for Opening a New 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 you open an Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
All capitalized terms used in this Agreement and not otherwise defined have the meanings set forth below.
“Account” means the StellarFi credit card account opened for you under this Agreement.
“APR” means the Annual Percentage Rate (which is a measure of the cost of credit, expressed as a yearly rate) that is used in calculating periodic interest on your Account.
“Authorized User” means a person who you and we authorize to make Transactions on your Account, but who is not responsible for repaying any amounts due on the Account
“Billing Cycle” means the period reflected on your Statement, or that your Statement would reflect if there were activity that requires us to provide you with a statement. You will have a Billing Cycle even if a Statement is not provided.
“Card” means any physical, digital or virtual card, or other number or device that may be used to access the Account and includes all renewals and substitutions of the same.
“Co-Owners” means the persons who have joint account with more than one person liable for amounts owing under the Account.
“Credit Limit” means the maximum amount of credit you may access from your Account as any point in time.
“Fees” means charges imposed on your Account not based on the APR.
“Minimum Payment” means the minimum amount that you must pay to us by the Payment Due Date shown on your Statement in order to keep your Account current.
“New Balance” means the total amount you owe us as of a Statement closing date.
“Payment Due Date” means the payment due date shown on your transaction statement. It will be 30 days from the date the transaction was paid.
“Purchase” means the use of your Account to buy or lease goods or services at participating merchants.
“Statement” means the monthly statement you can access in your Account. Your Account Statement will include all transactions billed to your Account during a Billing Cycle and information about payment owed to us.
“Transaction Date” means the date shown on your billing statement for a transaction or fee.
“We,” “us,” and “our” mean Transportation Alliance Bank, Inc. dba TAB Bank., and its agents, authorized representatives, successors, and assignees.
“You” and “your” mean each and all of the persons who are granted, accept or use the Account and any person who has guaranteed payment of the Account.
We need information about you to open and manage your Account. This includes but is not limited to: (1) your legal name; (2) a valid mailing address; (3) your date of birth; (4) your Social Security number or other government identification number; (5) your telephone number(s); (6) your email address; and/or (7) your employment and income information. You must tell us when this information changes. We may ask you for additional documents and to verify any changes to information you have provided us. Failure to do so may result in suspension or termination of the Account. We may restrict or close your Account if we cannot verify your information, or if you do not provide it as requested.
Statement of MAPR: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent(s) may not exceed an Annual Percentage Rate of thirty-six percent (36%). This rate must include, as applicable to the credit transaction or account, the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).
Oral Disclosures: Before agreeing to this Agreement, please call [insert phone number], anytime 24/7, to hear an important disclosure for Covered Borrowers (as defined below) and information about the payment obligation relating to an Account.
Military Lending Act Compliance: This Agreement shall be interpreted to comply with the Military Lending Act and its implementing regulations (“MLA”), including its restrictions on permissible loan terms and limitations on interest and fees. A consumer becomes a “Covered Borrower” who is entitled to the Limitations on Terms of Consumer Credit Extended to Service Members and Dependents pursuant to a determination made in accordance with 32 C.F.R. 232.5(b). The Arbitration Agreement with Class Action and Jury Trial Waiver does not apply to a Covered Borrower. The limitations on interest and fees apply to individuals during the period that they are Covered Borrowers (a consumer ceases to be a Covered Borrower when he or she is no longer a member of the Armed Forces serving on active duty or a dependent of such member, as defined under 32 C.F.R. 232.3(g)). Any interest or fees in excess of the permitted limit shall be reduced by the amount necessary to satisfy that limit and any amounts collected in excess of the permitted limit shall be refunded by crediting the Covered Borrower’s Account or by making a direct payment to the Covered Borrower. Any provision of this Agreement that is inconsistent with the Military Lending Act shall not apply.
You may use your Account to make Purchases, to pay bills and for any other transactions we may permit from time to time. You authorize us to pay for all transactions made in connection with your Account. We will apply each transaction against your available credit for that category. You agree that we may rely on information provided by billers and your applicable payment network to categorize transactions among bill payments.
You promise to use your Account only for personal, family, or household purposes, but if your Card or Account are used for any other purpose, you are still responsible to pay all amounts due on your Account. Your Account may not be used for business or commercial purposes. You agree to use your Account in accordance with this Agreement. You agree that you will not use your Card in any illegal transaction and are responsible for any transactions if you do. You will only use your Account for transactions that are legal where you conduct them. You understand that our services, including access to the Account, may not always be available, and that we are not liable for any losses that may result when such services are unavailable due to any reason outside of our control. We are not responsible for anyone who refuses to accept your Card. We have no responsibility for failure of any machine, biller financial institution or any other party to honor your Card. We may decline to authorize a transaction for any reason, including, but not limited to, if we believe you may be engaging in illegal internet gambling or the biller with whom you are transacting with may be involved in such business or in any other illegal activity. We are neither responsible for any losses you may incur if we do not authorize a transaction nor are we responsible or liable if you engage in an illegal transaction. You understand that any person may deny acceptance of or refuse to accept your Card and we are not responsible for such denial or refusal.
You promise to pay us the full amount of all Transactions charged to your Account, plus finance charges and all other fees, collection costs, and all other charges imposed by us. This includes amounts where you did not sign a document for the transaction. If this is a joint Account, each Co-Owner is responsible individually and jointly to pay all amounts due on the Account. Each Co-Owner is responsible to pay us all amounts even if the Account is used by only one Co-Owner, and even if the other Co-Owner is ordered by a court to pay us. Your Account status will be reported to consumer reporting agency(ies) under each Co-Owner’s name. Delivery of notices or Statements to any Co-Owner serves as delivery to each Co-Owner. Either Co-Owner can close the Account. A release of one Co-Owner or a release of any collateral securing this Agreement, will not operate as a release of any other Co-Owner. We can rely on instructions about the Account from any Co-Owner. We are not liable to any Co-Owner for relying on instructions from another Co-Owner.
You are liable for all Transactions made on your Account, including any interest and fees, by you or anyone you authorize to use your Account. This includes any Transaction made by (i) an Authorized User; (ii) a person to whom you or an Authorized User has provided a Card, the Account or any other Account access device, including providing a person Credentials (as defined below) or with access to a mobile device on which a Card is provisioned; or (iii) a person acting in any way by which you or an Authorized User would be deemed to have allowed or authorized their use of your Account. To the extent permitted by applicable law, you agree to pay all costs and disbursements, including reasonable attorney fees, incurred by us in legal proceedings to collect or enforce your indebtedness and/or the terms of this Agreement.
You may request that we add Authorized Users to your Account. We will evaluate and approve or deny your request. You understand that any Authorized User’s use of the Account is subject to the terms of this Agreement. You agree to share this Agreement with your Authorized Users and explain that their use is subject to its terms. By permitting someone to be an Authorized User, you are allowing them to use your Account in all respects, including for Transactions. You are liable for their use of the Account, including any Transactions that are made by others if the Authorized User permitted them to use the Account.
Authorized Users may have the same access to information about the Account and its users as you. You agree that we may discuss the Account with an Authorized User, although we have no obligation to do so. An Authorized User cannot add other Authorized Users, adjust the Credit Limit or close the Account. We may report information about the Account to consumer reporting agencies, including information in any Authorized User’s name. This information may appear on their consumer report.
You represent that (i) any person that you have requested to be added to your Account as an Authorized User has given you permission to be added to the Account; (ii) that you have made a copy of this Agreement available to them; (iii) you have informed them that we may report Account information in their name to consumer reporting agencies; and (iv) you are not requesting that a person be added to your Account as an Authorized User for your own commercial purposes (such as credit report tradeline renting).
You may remove an Authorized User from the Account by contacting us and requesting that they be removed. Authorized Users may also remove themselves from the Account. We have the right to remove any Authorized User in our sole discretion. In some cases, when an Authorized User is removed, we may need to close your Account, open a new account and issue a new Card to you.
We do not guarantee approval of billing transactions. We reserve the right to deny transactions for any reason, such as account default, suspected fraudulent or unlawful activity, internet gambling, or any indication of increased risk related to the transaction.
We may decline Purchases for any reason, including suspected or actual fraud, violation of applicable law, your default under this Agreement, or if you exceed your Credit Limit. We are not liable to you or anyone else if we do not authorize a Purchase, even if the charge is within your Credit Limit or you are not in default. If we decline a Purchase, we will advise the merchant who processed the transaction that it was declined. We may also limit the number or dollar amount of Purchases we approve for your Account over a specific time period, such as a single day. We are not responsible if anyone refuses to accept a Card.
If you give your Card information to a biller to bill your Account for recurring payments, or to keep it on file for future payments, and your Card number, expiration date, or security code changes, you should notify the biller with your new Card information.
You must inspect each Statement you receive and must immediately contact us about any errors or questions you have, as described in “Billing Rights” below. If you do not notify us of an error, we will assume that all information on the Statement is correct. If we credit your Account for all or part of a disputed transaction, you give us all of your rights against others regarding that transaction and will also: (i) give us any information about the disputed transaction, if we ask; (ii) not pursue any claim or reimbursement of the transaction amount from the merchant or any other person; and (iii) help us get reimbursement from others. If you have a dispute with a merchant related to a Purchase, you may request a credit to your Account as provided in “Billing Rights” below. If we resolve the dispute in your favor, we will issue a credit to your Account. You assign to us your claim for the credited amount against the merchant and/or any third party. At our request, you agree to provide this assignment in writing.
Your Account allows you to pay your Account balance in full each month or pay a portion of your Account balance over time. Your initial Credit Limit is disclosed on the card carrier containing your Card. After that, your Credit Limit will be disclosed on your Statement. You should always keep your Account Balance below the Credit Limit, but if your Account Balance goes over your Credit Limit, you still must pay us the full amount due on your Account.
We may, but are not required to, authorize transactions that exceed your applicable Credit Limit, without obligating us to raise your Credit Limit. If we do, we may require you to immediately pay us any amount over your Credit Limit, and it does not mean that we will authorize other transactions that cause your balance to go over your Credit Limit.
Subject to applicable law, we may refuse to authorize or accept any transaction on your Account or Card at any time as described in this Agreement. We may also from time to time and in our sole discretion change your Credit Limit; reduce your Credit Limit to $0 and close your Account; or limit the number or amount of transactions on your Account based on an evaluation of various factors. We will promptly notify you in the event we decide to reduce your Credit Limit. You agree not to exceed your Credit Limit unless authorized by us. You are liable for the entire outstanding balance on your Account, even if it exceeds your Credit Limit. If we honor your request for a transaction that will cause you to exceed your Credit Limit (without increasing your total Credit Limit), all the provisions of this Agreement will apply to that excess, you will be charged finance charges on the excess, and you must pay the entire excess to us on demand. Although we may post payments as of the date we receive them, your Credit Limit may not be restored in the amount of the payment for up to seven (7) days after we receive your payment, to make sure we receive the funds.
As disclosed Summary of Credit Terms above we’ll charge interest and fees to your Account. Your APR is set forth in the Summary of Account Terms. We may change your APR in accordance with this Agreement and applicable laws. The APR will never exceed the maximum rates permitted by applicable law.
Interest Rates: We use the average daily periodic rates and corresponding APRs to determine the interest charged on balances on your Account. A daily periodic rate is the corresponding APR divided by the number of days in the year (generally 365, but 366 in a leap year). The Daily Periodic Rate (DPR) is 1/365th of the APR, rounded to the nearest one ten-thousandth of a percentage point. We use the industry-standard DPR calculation method, which can be expressed as follows: Interest Due for One Day = (APR/Days in Year) x Principal Balance, where Days in Year equals 365, or 366 during Leap Years. Please note that Principal Balances compound in 30-day periods, with the balance being adjusted at the conclusion of each compounding period to reflect accrued interest. The DPR, once calculated, will not exceed 0.082%.
How We Calculate Interest: We use the average daily balance method (including new transactions), which includes daily compounding of interest, to calculate interest on your Account. We figure the interest charge on your account by applying the periodic rate to the “average daily balance” of your account. To get the “average daily balance” we take the beginning balance of your account each day, add any new Purchases and fees, and subtract any unpaid interest or other finance charges and any payments or credits. This gives us the daily balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the “average daily balance.” Due to rounding or minimum interest charge, the interest calculation may vary from the interest charge actually assessed.
When Interest Charges Begin: Interest charges begin to accrue on Purchases from the later of the Transaction Date or the first day of the Billing Cycle in which the transaction posts to your Account and accrue on interest and fees from the post date. Interest charges continue to accrue until you pay in full. If offered, the terms for a promotional offer will be provided with the promotion prior to the transaction and those terms shall govern with respect to that particular Balance.
How to Avoid Paying Interest on Purchases: As long as you pay the New Balance on your current billing statement by the Payment Due Date shown on that billing statement, we will not impose interest charges on New Purchases (also known as the “grace period”). New Purchases are Purchases that first appear on the next billing statement. Interest will continue to accrue each day on Purchases that appeared on previous billing statements until you pay the New Balance in full and will be billed in the next Billing cycle. This is because interest continues to accrue from the start of the Billing Cycle until the day we receive your payment.
How We Apply Payments May Impact Your Grace Period: If you do not pay your New Balance in full each month, then, depending on the balance to which we apply your payment, you may not get a grace period on new Purchases.
Impact of Reversed Payments or Credits: If your Account is paid in full by the Payment Due Date and we post the payment to your Account but then that payment is returned unpaid, we may charge you the interest you saved or would have saved because of the reversed payment. If you want to avoid paying interest during a Billing Cycle when a payment is reversed, you must pay before that Billing Cycle’s Payment Due Date the entire Account Balance (which will include the amount of the reversed payment plus any additional interest charged due to the reversed payment).
Fees: All fees required to establish your Account have been disclosed on the Summary of Account Terms. The Fees disclosed to you in the Summary of Credit Terms above are generally considered Purchases once charged to your Account, unless it is otherwise specified. We may increase interest charges or Fees as described in the Changes in Terms section of this Agreement, or in the Summary of Credit Terms.
Annual Fee: If your Account includes an Annual Fee, the fee will be added to your standard Purchase Balance at the time of first purchase and annually thereafter until your Account is closed and the balance is paid in full (even if you don’t use the Account or if you don’t have active charging privileges). The amount of the annual fee may be adjusted in the future.
Late Payment Fee: Subject to applicable law, we will assess a late fee if we do not receive at least the Minimum Payment Due shown on your Statement by 10 days after the Statement Date. The late fee is disclosed on the Summary of Account Terms. The late fee will never exceed the Minimum Payment Due. Late fees are treated as Purchases on your Account.
Returned Payment Fee: If the payment you offer to us is not honored, is returned unpaid, or cannot be processed, we may charge you a Returned Payment Fee even if the payment is honored after we re-submit it. The Returned Payment Fee is disclosed on the Summary of Account Terms. The Returned Payment Fee will never exceed the Minimum Payment Due. Returned Payment Fees are treated as Purchases on your Account.
Foreign Currency Conversion: If a Purchase is made in a currency other than U.S. dollars, the transaction will be converted by the network (e.g. Visa) shown on your Card into a U.S. dollar amount in accordance with the network’s operating regulations or conversion procedures in effect at the time the transaction is processed. The currency conversion rate in effect on the processing date may differ from the rate in effect on the Transaction Date or posting date. If a third party, such as a merchant, converts the transaction into U.S. dollars before sending the transaction to the network, the third party chooses the conversion rate instead of the network. An ATM operator might also add a fee to the ATM transaction amount for the ATM transaction(s) they process. We do not have control over third party conversions or fees.
Foreign Transaction Fee: We apply a fee to any foreign transaction in the amount shown above in the Summary of Credit Terms. A transaction is a “foreign transaction” if it is (1) made in a currency other than U.S. dollars or (2) made or processed in whole or in part outside of the United States. For example, a Purchase is a foreign transaction if it is made online with a merchant that processes the transaction in a foreign country, and an ATM transaction in a foreign country is a foreign transaction even if the transaction is made in U.S. dollars.
Promotional APR Offers: At our discretion, we may offer you an introductory or promotional APR for all or a part of your transactions. The period of time for which the promotional APR applies may be limited. Any promotional APR offer will be subject to the terms of the offer and this Agreement. If applicable, we will disclose information regarding any promotional APRs and the period of time during which they are in effect in the document that accompanies your Card or in the disclosure materials we email to you about the offer after you obtain your Card. If (i) we receive a Minimum Payment Due after its Payment Due Date; or (ii) (A) an electronic payment order that you have used for payment on your Account has been returned to us unpaid for any reason.
We will generally email or make available to you one Statement for your Account at the end of each month. However, under certain circumstances, the law may not require us to email or make available to you a Statement or may prohibit us from doing so. The Statement will show the transactions that occurred in that month, and any unpaid balances, including any interest charges, fees, the minimum payment due, and the Payment Due Dates. Each Statement covers a Billing Cycle. Please review each Statement carefully. You must notify us promptly of any change in your name or address by emailing us at support@stellarfi.com. Preservation of your rights under federal law regarding resolution of billing errors depends upon your timely recognition of potential errors, as explained below. We will not email your Statement if (a) we deem your Account uncollectible, (b) delinquency collection proceedings have been instituted, or (c) for any other reason permitted by applicable law. The “closing date” is the last day of the Billing Cycle. All transactions received after the closing date will appear on your next Statement.
You may pay all or part of your Account balance at any time.
How We Calculate Your Minimum Payment Due: Each Billing Cycle, you must pay at least the Minimum Payment by the Payment Due date and cut-off time shown on your statement (“Payment Due Date”). Your “Minimum Payment” is equal to the greater of (i) $25, or (ii) 3% of the sum of your New Balance (which does not exceed your Credit Limit), rounded to the next highest dollar, plus the entire portion of the Account Balance in excess of your Credit Limit, plus any fees assessed during the Billing Cycle (excluding any Annual Fee), plus new interest charges, and plus any past-due amounts. If your New Balance is less than $25, your Minimum Payment will equal the amount of your New Balance. You may pay more than the Minimum Payment due at any time without a prepayment penalty.
Your statement will tell you your Minimum Payment due, your New Balance, and your Payment Due Date. You must make your payment in accordance with the instructions on the statement.
If you make a payment greater than your Minimum Payment, you’re still obligated to pay at least your Minimum Payment on your next statement by the Payment Due Date on that statement. Credits to your Account, such as from merchants, are generally not considered payments and won’t reduce your Minimum Payment due.
Making Payments: You must make your payment in U.S. dollars from a U.S. deposit account in a form acceptable to us. We do not accept cash payments. At our discretion, we may accept payments in another form of currency and charge you our conversion costs. You also may not make payments with funds from your Account or any other credit account with us. Please follow the payment instructions on your Statement, unless we tell you otherwise.
Other Payment Services: We encourage you to schedule automated recurring payments. We also may make services available that allow you to make faster payments either by phone or through your online and in-app dashboard. We are not responsible if your financial institutions reject payments made using one of these services.
If someone else makes a payment on your behalf, we can process that third-party payment. We also may refuse to accept that payment. If we do accept it, you’re responsible for the payment regardless of it being returned or rejected.
Payment Allocation: We may apply payments equal to or less than the Minimum Payment Due to whichever balances we choose. Payments over the Minimum Payment Due will be applied to balances subject to higher APRs before balances subject to lower APRs. We may apply your payment to Purchases, interest charges, fees and other charges in any order we choose, and we may change the order of application of payments from time to time if and when we choose. In all cases, including with respect to amounts in excess of your Minimum Payment, we will apply payments and credits in accordance with applicable law.
Payment Processing: We may accept all payments—including late payments, partial payments, or items with restrictive language—at our discretion and without losing any of our rights. For example, if you mark any check payable to us as “Paid in Full” or words to that effect, you will still be responsible for repaying any balance that remains due on the Account and we shall not lose any of its rights under this Agreement.
We may delay the availability of credit to your Account for up to 10 days until we confirm that your payment has cleared, even if we post your payment to your Account. If your payment is returned unpaid by your financial institution, we may resubmit and collect the returned payment electronically. If necessary, we may adjust your Account to correct errors, process returned or reversed payments, and more. You are solely responsible for any fees that may be charged to you by your depository institution, including any fees for payments that we attempt and the depository institution returns unpaid.
Stopping Automatic Payments: If you have authorized us to make a one-time or recurring payment from your savings, checking or other account, you can stop the payment by notifying us at least three days before the automatic payment is scheduled to occur.
Credit Balances: We may reject and return any payment to you that creates or adds to a credit balance on your Account. We may reduce the amount of any credit balance by any new charges. Upon your request, we will refund any part of the remaining credit balance to you. If a credit balance remains on the Account for more than six months, we will make a good faith effort to refund to you any credit balance remaining on the Account.
You are responsible for all authorized transactions initiated and fees incurred by use of the Card. If you permit another person to have access to the Card or Card Account, this will be treated as if you 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 of this Agreement, subject to applicable law and any billing or error resolution rights you may have under this Agreement. For the avoidance of doubt, you must pay us for all charges made by any person who you grant access to your Card or Account, including charges for which you may not have intended to be responsible. In addition, you must pay us all fees that may become due under the terms of this Agreement in connection with such charges or any actions or omissions of any person to whom you grant access to your Card or Account.
Obtaining your Consumer Reports: You authorize Bank and its agents, successors and assigns to obtain your consumer report(s) and other information from consumer reporting agencies and/or other third party sources while you maintain an Account with us for the following purposes: (i) extension of credit (ii) servicing, monitoring, collecting or enforcing this Agreement or any other agreement between you and us; (iii) providing your credit data to you; and/or (iv) other related purposes associated with this Agreement. Upon your request, you will be informed whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report.
Furnishing Information to Consumer Reporting Agencies: YOU AGREE THAT WE MAY FURNISH INFORMATION ABOUT YOUR ACCOUNT TO CONSUMER REPORTING AGENCIES. LATE PAYMENTS, MISSED PAYMENTS OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CONSUMER REPORT. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. We may report information about the Account to consumer reporting agencies in any Authorized User’s name. This information may appear on their consumer report.
If you believe that we have reported incorrect information about your Account to a consumer reporting agency, you notify us at the following address:
TAB Bank, C/O StellarFi 1700 South Lamar Blvd., Suite 338, Austin, TX 78704
Please include your name, your mailing address, your email address, your telephone number and a description of the information you believe is incorrect and why. If available, please include a copy of the consumer report in question. You may also email the request to support@stellarfi.com.
The Account may provide you with the opportunity to earn certain rewards. We will send you details of the Rewards with your first Statement. The Rewards will be subject to separate terms and conditions provided to you by us, our partners or our service providers. Any Rewards associated with your Account, and your use of those Rewards, are subject to the Arbitration Provisions. Rewards begin to accumulate after you have received and activated your new Card. Points earned may expire after five (5) years. Rewards may be changed or discontinued at any time for any reason and we will provide you any notice required under applicable law. We are not liable for Rewards, including the discontinuation or modification of any Rewards, or for the actions or omissions of any third parties.
Account Default:
What Triggers a Default:
What is the Effect of Being in Default:
If your Account is in default, we may take any of the following actions to the extent permitted under applicable law:
Suspension and Termination: We may, at any time and for any reason, suspend or close your Account or otherwise terminate your right to use your Account. You may close your Account at any time by contacting us. Your obligations under this Agreement continue even after the Account is closed. You must destroy all Cards when the Account is closed; stop using your Account to make Purchases and cancel any automatic or recurring bill payments; and continue to pay at least the Minimum Payment due each Billing Cycle until the total outstanding balance of your Account, including any amounts which post after the Account’s closure, is paid in full. Also, if we believe you are attempting to use your Account after you have requested to close the Account, we may authorize the transaction. Once your Account is closed, our obligation, if any, to honor Purchase requests against your Account shall cease. You shall continue to be obligated to pay all amounts due to us pursuant to the terms of this Agreement at the time the Account is closed until all amounts due and owing have been paid. We will notify you that your Account has closed in writing. We are not liable for any refusal of a merchant to honor your Card or Account, any declined Transaction or any retention of your Card by any person or entity.
You must take reasonable steps to prevent the unauthorized use of your Card and Account. You may be liable for the unauthorized use of your Card. You will not be liable for any unauthorized use of your Card that occurs after you notify us at [insert email address, physical address, and telephone number], orally or in writing, of the loss, theft, or possible unauthorized use of your Card. In any case, your liability will not exceed $50.
We reserve the right to request you take specific steps to limit access to or prevent unauthorized use of your Card and/or Account. For security reasons, you must, upon receipt of the Card, comply with any card activation procedures as may be prescribed by us. If a Card is lost or stolen or if you believe someone else may be using your Card or Account without your permission, you must tell us at once by calling us at [insert phone number] or sending us an email at support@stellarfi.com.
We are not responsible for the quality, safety, legality, or any other aspect of any services you purchase with your Card beyond your rights described in the Billing Rights below.
We may at any time, and without notice to you, sell, assign or transfer your Account, any amounts due on your Account, this Agreement, or rights or obligations under your Account or this Agreement to any person or entity. The Program Manager, person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and shall assume our obligations under this Agreement, to the extent sold, assigned or transferred, and shall have the right to, without notice to you, sell, assign or transfer your Account, any amounts due on your Account, this Agreement, or rights or obligations under your Account or this Agreement to any other person or entity. Without limiting the generality of the foregoing, you acknowledge and agree that, in the event Program Manager acquires, purchases or receives your Account, any amounts due on your Account, this Agreement, or rights or obligations under your Account or this Agreement, Program Manager may sell, transfer or assign such Account, amounts due on your Account, this Agreement, or rights or obligations under your Account or this Agreement to any third party, including its affiliates. We will also share with any prospective purchaser of this Agreement, Account, any amounts due on your Account or our rights or obligations under your Account or this Agreement all personal information you may provide us or that we collect in connection with the Card or Account to the extent permitted by applicable law. You authorize us to share such information about you or your Account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy.
You may set up automatic billing or store your Account information with a merchant, wallet provider, or other third party (“Permitted Party”). If you do, you authorize us to share any updated Account information, with the Permitted Party, regarding the use of your Account. If your Account information changes, which may include your billing address, you authorize us to provide this updated information to any such Permitted Party at our discretion. You must contact the Permitted Party directly or remove your credit card information from the Permitted Party website if you wish to stop automatic billing or Account updates.
We may change any term of this Agreement from time to time, subject to applicable law. Notice of any change will be given in accordance with applicable law. Continued access to or use of your Account following any such notice shall be deemed to be your acceptance of the modified version of this Agreement. In some cases, you have the right under applicable law to advance notice and to reject a change. In cases where you have a right to reject a change and you reject the change, we will not apply that change to your Account; however, we may require you to close your Account. In all other instances, the revised version of this Agreement will apply to your Account whether or not you choose to close your Account.
The Program Manager services parts of your Card and Account, including, but not limited to, Account and/or Card management through Program Manager’s website or mobile application and customer service relating to any Rewards offered in connection with your Card or Account. In this capacity, the Program Manager may act on our behalf, perform our obligations or enforce our rights under this Agreement. You understand and acknowledge that we may share with the Program Manager any information you provide to us in connection with your Account or Card or any information we collect in connection with your Account or Card in order for the Program Manager to provide you with products and/or services in connection with your Account and/or Card.
Prior to initiating a lawsuit or arbitration regarding a Claim, the Claimant shall give the Defending Party written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim on an individual basis. Any Claim Notice to you shall be sent in writing by mail to the address for you maintained in our records or by electronic mail to the email address for you maintained in our records. Any collection letter we send to this email or address shall be deemed to be a Claim Notice. Any Claim Notice to us shall be sent to us by email at support@stellarfi.com. Any Claim Notice you send must provide your Account Number and telephone number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The Claimant must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests. Upon receipt of a Claim Notice, we will credit your Account for the standard cost of a certified letter.
THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDANT OF SUCH MEMBER ENTITLED TO PROTECTION UNDER THE MILITARY LENDING ACT.
Subject to the preceding sentence, the following Arbitration Provisions will apply:
General: Either you or we may elect to arbitrate or require the other party to arbitrate any Claim (as defined below) under the following terms and conditions. If you or we elect to arbitrate a Claim, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) participate in a class action in court or in arbitration, either as a class representative or a class member; (3) act as a private attorney general in court or in arbitration; or (4) join or consolidate your Claim(s) with claims of any other person. The right to appeal and the right to discovery are more limited in arbitration than in court. Other rights that you would have if you went to court may also not be available in arbitration.
Definitions: The following definitions apply to this Arbitration provision, even if terms defined in this Arbitration provision are defined differently elsewhere in this Agreement: (i) “We,” “us” and “our” mean Transportation Alliance Bank, Inc. dba TAB Bank or any subsequent holder of this Agreement. Also, these terms include the parents, subsidiaries, affiliates and successors of such company, as well as the officers, directors, agents and employees of any of the foregoing. These terms also include any party named as a co-defendant with us in a Claim asserted by you, such as Program Manager, marketing companies, credit bureaus, credit insurance companies, credit card or loan servicers and debt collectors; (ii) “You,” “your” and “yours’’ include each and every cardholder, you and/or Authorized User; (iii) “Administrator” means the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 800-778-7879 or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 800-352-5267; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court. The party initiating an arbitration selects the Administrator. Notwithstanding any language in this Arbitration provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that would purport to override subsection below, captioned “No Class Actions” (the “Class Action Waiver”); (iv) “Claim” means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement or the Account, including disputes arising from actions or omissions prior to the date of this Agreement. “Claim” has the broadest reasonable meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). However, it does not include disputes about the validity, enforceability, coverage or scope of this Arbitration provision or any part thereof (including, without limitation, the Class Action Waiver, the final sentence in subsection below under the caption “Survival, Severability, Primacy” and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of this Agreement as a whole is for the arbitrator, not a court, to decide. Claim does not include: (i) any individual action brought by you or us in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court; (ii) the exercising of any self-help rights by you or us; or (iii) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind. The institution and/or maintenance of any such right, action or litigation will not constitute a waiver of the right of either of the parties to compel arbitration regarding any other dispute subject to arbitration pursuant to this Arbitration provision.
Starting or Demanding Arbitration: To start an arbitration, the party asserting the Claim (the “Claimant”) must commence the arbitration in accordance with the Administrator’s rules. To require arbitration of a Claim, the party defending the Claim (the “Defending Party”) must give the Claimant a written demand for arbitration. This demand may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. If an arbitration is commenced or an arbitration demand is given, the Claim shall be resolved by arbitration under this Arbitration provision and the applicable rules of the Administrator then in effect.
No Class Actions: Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a Claim, neither you nor we will have the right to: (1) participate in a class action in court or in arbitration, either as a class representative, class member or otherwise; (2) act as a private attorney general in court or in arbitration; or (3) join or consolidate Claims by or against you with claims by or against any other person, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.
Location and Costs: Any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. If you cannot obtain a waiver of the Administrator’s or arbitrator’s filing, administrative, hearing and/or other fees, we will consider in good faith any request by you for us to reimburse you for such fees. We will pay for our own attorneys, experts and witnesses, and you will pay the reasonable fees and charges of your attorneys, experts and witnesses unless you prevail in the arbitration and the arbitrator makes an award requiring us to pay those fees, consistent with the applicable rule of arbitration. Even if you do not win the arbitration, we will pay any of the Administrator’s or arbitrator’s filing, administrative, hearing and/or other fees, if and to the extent we are required to pay such fees and charges by law or the Administrator’s rules or in order to make this Arbitration provision enforceable.
Arbitrator Selection and Discovery: The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, unless the parties agree otherwise, the arbitrator must be a retired or former judge or a lawyer with at least 10 years of experience. In addition to the parties’ rights under the Administrator’s rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object.
Effect of Arbitration Award: Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for: (i) any appeal right under the Federal Arbitration Act, 9 U.S.C. §1 et seq. (the “FAA”); and (ii) Claims involving more than $50,000. If permitted by the Administrator’s rules, for Claims involving more than $50,000, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. The costs of any appeal will be borne in accordance with subsection above, captioned “Location and Costs.”
Governing Law: This Agreement governs transactions involving interstate commerce and accordingly this Arbitration provision shall be governed by the FAA and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and privilege rules that would apply in a court proceeding, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the basis of his or her award. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration provision and the Administrator’s rules.
Survival, Severability, Primacy: This Arbitration provision shall survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law). In the event of any conflict or inconsistency between this Arbitration provision and the Administrator’s rules or other provisions of this Agreement, this Arbitration provision will govern. If any portion of this Arbitration provision, other than the Class Action Waiver, is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If a determination is made with respect to any Claim that the Class Action Waiver is unenforceable, only this sentence of the Arbitration provision will remain in force and the remaining provisions shall be null and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal.
Amendment: Notwithstanding any provision of this Agreement to the contrary, we will not amend this Arbitration provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration provision in its entirety.
Special Payment: If (i) you submit a Claim Notice on your own behalf (and not on behalf of any other party) in accordance with section captioned “Notice and Cure” (including the timing requirements thereof); (ii) we refuse to provide you with the relief you request; and (3) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $500 in addition to the attorney, witness and expert fees and costs to which you are entitled.
Arbitration Provision Opt-out: You agree to be bound by the above arbitration provisions when you first use your card or account. If you do not agree to the above arbitration provisions, you may reject it by mailing us a written opt-out notice which specifies your name and address, identifies the applicable account number(s) and includes a signed statement that you opt out of the arbitration provision. The opt-out notice must be signed by you and sent to us by mail at StellarFi at 1700 S Lamar Blvd., Suite 338, Austin, TX 78704. Any opt-out notice is effective only if it complies with the preceding requirements and is postmarked within 30 days after the date you opened your account.
This agreement is entered into between you and us in the State of Utah and we extend credit to you from Utah. The terms and enforcement of this Agreement are governed by federal law, and to the extent not preempted by federal law, the laws of Utah, regardless of any conflict of laws principles. The Federal Arbitration Act will govern any arbitration related to this Account and not any state law.
We will not lose any of our rights if we delay or choose not to take any action for any reason. We may waive our right without notifying you. Without limiting the generality of this section, we may waive finance charges or fees that we may charge you without notifying you and without losing our right to charge them in the future. This Agreement is the final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any of the provisions of this Agreement are held to be unenforceable or invalid for any reason, the remaining provisions hereof shall nevertheless remain enforceable and shall be interpreted in such a manner to preserve the enforceability of this Agreement to the maximum extent permitted by applicable law.
CALIFORNIA RESIDENTS: The applicant, if married, may apply for a separate account. After credit approval: (a) each applicant shall have the right to use this account to the extent of any credit limit set by the creditor; and (b) each applicant may be liable for all amounts of credit extended under this account to each joint applicant.
You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. If we take any adverse action as defined by Section 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, you have the right to obtain within 60 days a free copy of your consumer credit report from the consumer reporting agency who furnished us your consumer credit report and from any other consumer credit reporting agency which compiles and maintains files on consumers on a nationwide basis. You have the right as described by Section 1785.16 of the California Civil Code to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency.
FLORIDA RESIDENTS: You (borrower) agree that, should we (creditor) obtain a judgment against you, a portion of your disposable earnings may be attached or garnished (paid to us by your employer), as provided under Florida and Federal law.
MARYLAND RESIDENTS: You elect to make this loan pursuant to Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 of the Maryland Commercial Law Article only to the extent that such provisions are not inconsistent with your authority under federal law (12 U.S.C. § 85, § 1463(g), or § 1831d, as appropriate) and related regulations and interpretations, which authority you expressly reserve.
MASSACHUSETTS RESIDENTS: Massachusetts law prohibits discrimination based on marital status or sexual orientation.
MISSOURI RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this Agreement, which is the complete and exclusive statement of the agreement between you and us, except as we may later agree in writing to modify it.
NEBRASKA RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this Agreement, which is the complete and exclusive statement of the agreement between you and us, except as we may later agree in writing to modify it.
NEW JERSEY RESIDENTS: The section headings of this Agreement are a table of contents and not contract terms. Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, are void, unenforceable or inapplicable in New Jersey.
NEW YORK RESIDENTS: We may obtain at any time your credit reports, for any legitimate purpose associated with the Account or the application or request for an Account, including but not limited to reviewing, modifying, renewing and collecting on your Account. Upon your request, you will be informed if such a report was requested. If so, you will be given the name and address of the consumer reporting agency furnishing the report. New York residents may contact the New York State Department of Financial Services at (800) 342-3736 or https://www.dfs.ny.gov/ to obtain a comparative listing of credit card rates, fees and grace periods.
OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
RHODE ISLAND RESIDENTS: We may obtain at any time your credit reports, for any legitimate purpose associated with the Account or the application or request for an Account, including but not limited to reviewing, modifying, renewing and collecting on your Account. On your request, you will be informed if such a report was ordered. If so, you will be given the name and address of the consumer reporting agency furnishing the report.
SOUTH DAKOTA RESIDENTS: If you believe there have been any improprieties in making this loan or in the lender’s loan practices, you may contact the South Dakota Division of Banking at 1714 Lincoln Ave., Suite #2, Pierre, SD 57501 or by phone at (605) 773-3421.
WASHINGTON RESIDENTS: Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this Agreement, which is the complete and exclusive statement of the agreement between you and us, except as we may later agree in writing to modify it.
WISCONSIN RESIDENTS: If you are married, please contact us immediately upon receipt of this Agreement at support@stellarfi.com and provide us the name and address of your spouse. We are required to inform your spouse that we have opened an Account for you.
If I am a married Wisconsin resident: (1) My signature confirms that this loan obligation is being incurred in the interest of my marriage or family. (2) No provision of any marital property agreement, unilateral statement under § 766.59 of the Wisconsin Statutes, or court decree under § 766.70 adversely affects your interest unless prior to the time that the loan is approved, you are furnished with a copy of the marital property agreement, statement, or decree or have actual knowledge of the adverse provision. (3) My spouse has actual knowledge that this credit is being extended to me and has waived the requirements of Wisconsin Statute § 766.56(3)(b), as acknowledged by his or her signature below.
NOTICE TO UTAH BORROWERS: This written Agreement is a final expression of the Agreement between you (borrower) and us (creditor). This written Agreement may not be contradicted by evidence of any oral agreement between you and us.
As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
THE FOLLOWING IS REQUIRED BY VERMONT LAW: NOTICE TO CO-SIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS THE LEGAL RIGHT TO COLLECT FROM YOU.
Notice to all Vermont Residents: We may obtain at any time your credit reports, for any legitimate purpose associated with the Account or the application or request for an Account, including but not limited to reviewing, modifying, renewing and collecting on your Account. On your request, you will be informed if such a report was ordered. If so, you will be given the name and address of the consumer reporting agency furnishing the report.
NOTICE TO VERMONT BORROWERS of a Fully or Partially Secured Credit Card: You must maintain a deposit account as security for this credit card account and shall grant us a security interest in this deposit account. See the separate Security Agreement for the terms of the security interest.
This section governs your access to, and use of your Card through a digital wallet provided by another company (such as Apple Pay, Google Pay, Samsung Pay, Amazon, PayPal, Venmo, etc.) or a branded website or digital wallet where your Card information is stored for future use (each, a “Digital Wallet”).
Adding your Card to a Digital Wallet: To add your Card to a Digital Wallet, you must link your Card with that Digital Wallet by following the instructions of the provider of the Digital Wallet or another third party supporting the Digital Wallet (collectively, the “Digital Wallet Provider”). You may be required to take additional steps to authenticate yourself or the Card before your Card is added to the Digital Wallet. We may not add a Card to your Digital Wallet if we cannot authenticate the Card or if we otherwise suspect that there may be fraud associated with the Card.
You may only use a Digital Wallet with a compatible device, as determined by the Digital Wallet Provider (“Compatible Device”).
If you request to add your Card to a Digital Wallet, you authorize us to collect, transmit, store, use and share information with third parties (including, but not limited to, the Digital Wallet Provider and applicable payment card networks) about you, your Card, your Compatible Device, and your use of the Card to the extent necessary to effectuate the addition of your Card, and the use of your Card, in the applicable Digital Wallet(s) to which you have requested to add your Card.
We reserve the right to add or remove the Digital Wallets in which you may add or use your Card in our sole discretion.
Using Your Card in a Digital Wallet: Once you add a Card to a Digital Wallet on a Compatible Device, you may use the Compatible Device to make payments utilizing the Card at any biller that accepts the Digital Wallet and Card, subject to your agreement with the Digital Wallet Provider. By selecting an added Card in the Digital Wallet and by using a Card for an in-app or a website transaction, you are authorizing the payment to the applicable billers with that Card in the Digital Wallet. The Digital Wallet may display transaction history, but it does not reflect any post-authorization activities and may not match the actual transaction details that are posted to your Account.
A Digital Wallet may not be accepted at all billers where your Card is otherwise accepted, and your Card may not be eligible for all the features and functionalities offered by the Digital Wallet.
Any virtual Card we may issue you that is linked with the Digital Wallet may be, in our sole discretion, automatically updated or upgraded without notice to you.
We reserve the right to restrict the use of Cards within a Digital Wallet at any time and for any reason. We may terminate your access to, or use of your Card, with a Digital Wallet at any time and for any reason, including if you violate any of the terms or conditions of these Terms. Some examples of instances where we may take action to restrict or terminate use of your Card in a digital wallet include: if we suspect fraud with your Card, you have breached this Agreement, if applicable law changes, or if we are directed to do so by the Digital Wallet Provider or the relevant payment card network.
Applicable Fees: We do not charge you any additional fees for adding your Card to a Digital Wallet or for using your Card in the Digital Wallet. However, any fees and charges that would apply when you use your Card outside the Digital Wallet will also apply when you use a Digital Wallet to make transactions with your Card or otherwise access your Card.
The Digital Wallet Provider and other third parties (such as wireless companies or data service providers) may charge you fees, and you agree to be responsible for such fees.
Limitation of Our Liability: We are not the provider of the Digital Wallet, and we are not responsible for providing the Digital Wallet service to you or for ensuring that your Card is compatible with any Digital Wallet service. We are not affiliated with any Digital Wallet Provider, and we do not endorse any Digital Wallet Provider. We do not make any representation or warranty of any kind regarding the performance or operation of your Compatible Device or the Digital Wallet.
Some Digital Wallets may use your palm print, fingerprint, facial map or any other biometric data to recognize you, authenticate your identity, or authorize your transactions, and you understand we do not provide any such technology or services and have no obligation regarding the security of such technology or services. By using such technology or services with a Digital Wallet to conduct any transaction, you are authorizing a transaction on your Card. We are only responsible for supplying information to the Digital Wallet provider to allow usage of your Card in the Digital Wallet as you have requested.
In no event are we responsible for: (i) any failure of the Digital Wallet, any mobile device you use with the Digital Wallet, or the inability to use the Digital Wallet for any transaction or (ii) how the Digital Wallet Provider performs its services or any other third parties regarding any agreement you enter into with the Digital Wallet Provider or other third party. We do not control the privacy and security of any of your information that may be held by the Digital Wallet Provider. Any information held by the Digital Wallet Provider is governed by the Digital Wallet Provider’s privacy policy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES, CLAIMS, EXPENSES OR DAMAGES RESULTING FROM YOUR USE OF A DIGITAL WALLET, YOUR USE OF THE CARD OR VIRTUAL CARD IN CONNECTION WITH A DIGITAL WALLET, OR A MOBILE DEVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF A CARD PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE AND THE DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK.
Security: If you use a Digital Wallet, you should protect your Digital Wallet and your Compatible Device as you would your Card. If your Digital Wallet or Compatible Device is compromised, lost or stolen, you should also consider your Card lost or stolen and notify us immediately. If your physical plastic Card is lost or stolen and your Compatible Device is not lost or stolen, you may be required to add the replacement physical plastic Card to a Digital Wallet. If your Compatible Device is lost or stolen, you will need to add your Card to a Digital Wallet on a new Compatible Device.
Digital Wallet Provider Disclosures:
Apple Pay: For additional information and terms regarding the use of Apple Pay, click here. We do not control or endorse the provisioning or use of Apple Pay.
Google Pay: These Terms do not apply to transactions in Google products that are not initiated or effectuated through the Digital Wallet. Your use of Google Pay is also subject to the terms and conditions set forth in the Google Pay Terms of Service. We do not control or endorse the provisioning or use of Google Pay.
Samsung Pay: Your use of Samsung Pay is also subject to the terms and conditions set forth in the Samsung Pay Terms and Conditions. We do not control or endorse the provisioning or use of Samsung Pay Money Transfer services.
If you have any questions, disputes, or complaints about a Digital Wallet, contact the Digital Wallet Provider using the information given to you by the Digital Wallet Provider.
Billing Rights
YOUR BILLING RIGHTS – KEEP THIS NOTICE FOR FUTURE USE
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT
If you think there is an error on your Statement, write to us at:
TAB Bank C/O StellarFi1700 S Lamar Blvd., Suite 338, Austin, TX 78704
You may also contact us by email at support@stellarfi.com with the Subject “Credit Card Dispute”
In your letter or email, give us the following information:
You must contact us:
You must notify us of any potential errors in writing or by email. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
WHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER OR EMAIL
When we receive your letter or email, we must do two things:
While we investigate whether or not there has been an error:
After we finish our investigation, one of two things will happen:
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true:
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at:
TAB Bank C/O StellarFi 1700 S Lamar Blvd., Suite 338, Austin, TX 78704
support@stellarfi.com with the Subject “Dissatisfaction with Purchase”
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
