Important Disclosures About Your Afterpay Plus Card

Important: You will owe no fees to Sutton Bank in connection with use of your Afterpay Plus Card. The Fees referenced in the table above are charged solely by First Electronic Bank, as set forth in your FEB Account Agreement and any Loan Agreement (as defined below). All questions or complaints about the Fees should be sent to Afterpay acting on behalf of First Electronic Bank. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your FEB Account Agreement (defined below).

 Revision Date: October 27, 2022

Sutton Bank Card Issuance and Usage Agreement

IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A REFERENCE TO AN ARBITRATION PROVISION (“ARBITRATION CLAUSE”) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION AND WAIVING ALL RIGHTS TO TRIAL BY JURY AND TO PARTICIPATE IN CLASS ACTIONS. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING US WRITTEN NOTICE WITHIN 45 DAYS AFTER YOU FIRST USE YOUR CARD. THIS AGREEMENT ALSO CONTAINS A REFERENCE TO INFORMATION REGARDING ELECTRONIC COMMUNICATION AND REQUESTS YOUR CONSENT FOR US TO PROVIDE YOU WITH IMPORTANT INFORMATION ELECTRONICALLY. 

Customer Service Contact Information: 

Address: Afterpay US Services, LLC, 760 Market St. Floor 2, Unit 2.03, San Francisco, CA 94102

Website: https://help.afterpay.com/hc/en-us 

1. THIS AGREEMENT

This Sutton Bank Card Issuance and Usage Agreement (“Agreement”) represents an agreement between you and Sutton Bank (“Sutton Bank”), the issuer of your Afterpay Plus Card (“Card”). This Agreement outlines the terms and conditions governing your use of the Card to make purchases in connection with the installment loans that First Electronic Bank, member FDIC (“FEB”) may make to you under your Loan Agreement (defined below). This Agreement does not replace any agreement you may have with FEB, or its service provider, Afterpay US Services, LLC (“Afterpay”), including but not limited to your FEB Account Agreement, any installment loan agreement you enter into with FEB (a “Loan Agreement”) pursuant to your FEB Account Agreement, the Afterpay Terms of Use, and any disclosure provided by or other agreement you have with FEB or Afterpay. In the event of an inconsistency between this Agreement and a Loan Agreement or your FEB Account Agreement, this Agreement shall govern and control solely with respect to your use of the Card and your relationship with Sutton Bank. We will not extend credit to you under this Agreement, and any credit that you use your Card to access is extended by FEB in its sole discretion. For information about how to apply for and access credit, please refer to your FEB Account Agreement and Loan Agreement, if applicable. The Card will be a virtual card. 

You agree to be bound by the terms and conditions contained in this Agreement. FEB and Afterpay are not parties to this Agreement. “You” and “your” mean the person electronically signing this Agreement and receiving a Card under this Agreement. “We,” “us,” and “our” mean Sutton Bank and its successors, affiliates and/or assignees. Please read this Agreement carefully and keep it for future reference.

PURSUANT TO THIS AGREEMENT, BY OBTAINING OR USING YOUR CARD IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY. PLEASE VISIT https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf TO VIEW, PRINT AND SAVE OUR PRIVACY POLICY.

2. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OBTAINING A CARD USAGE 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 OBTAIN A CARD, YOU WILL BE ASKED TO PROVIDE YOUR NAME, PHYSICAL ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT IDENTIFIES YOU. YOU MAY ALSO BE ASKED TO PROVIDE YOUR SOCIAL SECURITY NUMBER. BY ACCEPTING THE CARD, YOU CONFIRM YOU HAVE AUTHORIZED FEB AND AFTERPAY TO PROVIDE US WITH THIS INFORMATION.

3. FEES

Please see your FEB Account Agreement and Loan Agreement for details regarding the Late Payment Fee and Monthly Fee referenced above. These fees are charged by and payable to FEB under the terms of your FEB Account Agreement and Loan Agreement. We will never charge you any fees for you to obtain or use your Card.

4. CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS

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). The details of your consent are provided in the FEB Account Agreement and Loan Agreement. Your consent to receive Communications electronically will remain in effect until you withdraw it. Please see your FEB Account Agreement and Loan Agreement for the process and procedures for withdrawing your consent.

5. OBTAINING AND USING THE CARD

To obtain and use the Card, you must (a) have previously agreed to the Loan Agreement and to FEB and Afterpay’s Privacy Policies located at https://www.afterpay.com/en-US/privacy-policy as well as Afterpay’s Terms of Service located at https://www.afterpay.com/en-US/terms-of-service; (b) register with Afterpay through the Afterpay Website or the Afterpay mobile application (the “App”); (c) accept and agree to this Agreement and our Privacy Policy, (d) be a U.S. citizen or legal alien residing in the United States of at least 18 years of age (or older if residing in a state where the majority age is older); (e) provide FEB and Afterpay, each of which may provide us, with all requested information, such as your name, date of birth, physical address, email address, social security number, user name and password, and such other information as we may request from time to time (collectively, “User Information”); and (f) accept the Card. You represent and warrant that all information, including User Information, you provide us from time to time is truthful, accurate, current, and complete. You agree to promptly notify Afterpay, FEB, and us of changes to any User Information. 

6. CARD 

The Card is issued by Sutton Bank to make purchases in connection with the installment loans made to you by FEB under your Loan Agreement. The Card is not issued in a specified amount. Rather, the amount of any transaction you can complete is determined by FEB under the terms of your FEB Account Agreement and your Loan Agreement. No funds are loaded or stored with us in connection with your use of the Card. Instead, the Card is used for the sole and limited purpose of effectuating transactions pursuant to a Loan Agreement as set forth in the paragraph below labeled “Using Your Card.” The Card is not a gift card or gift certificate. The Card remains the property of Sutton Bank and must be surrendered upon demand. The Card cannot be redeemed for cash. 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 you have 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. The Card is not designed for business use and may only be used to make purchases in connection with the installment loans made to you by FEB under your Loan Agreement for personal, family, and household purposes, and we may close disable your ability to use the Card if we determine that it is being used for business purposes. You may not use the Card for any illegal purpose. We may refuse to process any transaction that we believe may violate the terms of this Agreement. YOUR CARD IS NOT AN TELLER MACHINE (“ATM”) CARD AND MAY NOT BE USED AT ANY ATM. The card has no pre-set credit limit. Rather, the amount of any transaction that may be accessed by the Card is limited to the amount of the funds made available in connection with the installment loans made to you by FEB under your Loan Agreement. Funds accessed using your Card are not insured by the Federal Deposit Insurance Corporation. You will not receive any interest for the funds made available to you in connection with the installment loans made to you by FEB under your Loan Agreement.

7. USING YOUR CARD

You may use your Card to make purchases from merchants as described below:

1. Using your Card for Purchases. You may elect to add your Card to one or more digital wallets (“Digital Wallets”) supported by Sutton Bank, and you may use your Card to make purchases anywhere Apple Pay® or Google Pay® is accepted, subject to applicable law and network rules and the other terms and conditions of this Agreement. YOU MAY NOT USE YOUR CARD FOR ONLINE GAMBLING OR ANY TRANSACTION INVOLVING ILLEGAL ACTIVITY OF ANY KIND. We may temporarily “freeze” or entirely deactivate your Card and attempt to contact you if we notice transactions that are unusual or appear suspicious.
2. Merchant Holds. When you use your Card at certain types of merchants, such as hotels, restaurants, gas stations, rental car companies, or certain online retailers that allow subsequent modifications to orders placed, the final purchase amount may be unknown at the time you use your Card. The effect of such merchant holds on the final amount of any loan you obtain or may be eligible to obtain under a Loan Agreement is determined by FEB in its sole discretion.  

8. TRANSACTING WITH YOUR CARD

Subject to the limitations set forth in this Agreement, the only funds available for transacting with your Card are limited to the amount of the funds made available in connection with the installment loans made to you by FEB under your Loan Agreement. When the Card is used for a transaction at a merchant, an authorization request will be transmitted to us from that merchant. We will communicate with FEB to determine if you have sufficient funds pursuant to a Loan Agreement available to fulfill the transaction authorization request. If FEB notifies us that funds are available for the transaction and the transaction itself is authorized, the funds will be available for your Card transaction. The funds will be available pursuant to your Loan Agreement for the amount of the transaction. If (1) FEB notifies us that there you have not been approved for a loan greater than or equal to the amount of the transaction you are attempting to make using your Card or (2) the transaction itself is not authorized, then the transaction will be declined.

9. TRANSACTION LIMITS 

The maximum amount that can be spent using your Card per day is the amount of credit that FEB makes available to you under one or more Loan Agreements in a single day or $10,000.00, whichever is lower. The maximum amount that can be spent using the Card in a thirty (30) day period is the amount of credit that FEB makes available to you under one or more Loan Agreements in a single day or $50,000.00, whichever is lower. We may temporarily impose limits on the dollar amount, number, and type of transactions performed using your Card. To the extent permitted by applicable law, we reserve the right to: (a) change the Card transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions made with your Card; and (c) limit, suspend, or block Card transactions involving particular persons, entities, or merchants.

10. CARD SECURITY

Do not share your Card information with anyone. You should treat your Card information with the same care as you would treat cash. Make sure your Card information 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, you should advise us immediately, following the procedures in the paragraph below labeled “Lost or Stolen Card.”

11. LOST OR STOLEN CARD 

If you notice the loss or theft of your Card or a possible unauthorized use of your Card, you should contact FEB immediately at the following address:

Afterpay Plus Card

760 Market Street, Floor 2 Unit 2.03

San Francisco, California 94102

or contact Afterpay or FEB in accordance with the FEB Account Agreement or Loan Agreement

You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50.

12. NO SECONDARY CARDHOLDERS

You may not request an additional Card for another person.

13. NO CASH ADVANCES

YOUR CARD CANNOT BE USED FOR CASH ADVANCES AND YOUR CARD MAY NOT BE USED AT ANY ATM.

14. ACCOUNT ALERTS 

If you provide your mobile phone number, other text message address, or download the App to another mobile device, Afterpay may 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, to us, your mobile phone number, other text message address, or download the App to another mobile device, you expressly consent to receive text messages relating to your Card at that number, address, or device. Third-party data and message fees may apply.

15. PREAUTHORIZED TRANSFERS

No preauthorized transfers will be allowed.

16. REFUNDS

If a merchant gives you a credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment. Any credit adjustment due to a refund is handled by Afterpay as governed by the terms of your FEB Account Agreement and Loan Agreement. You cannot use your Card to access credit adjustment funds.  

17. PRIVACY POLICY

Your privacy is very important to us. We may disclose information to third parties about you, your Card, and transactions related thereto: (a) as necessary to effect, administer, or enforce a transaction requested or authorized by you; (b) with your consent; (c) to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability; (d) to comply with government agency or court orders; (e) as permitted and required by applicable law; and (f) as otherwise provided in our Privacy Policy. You consent to the collection, use, and disclosure of your information as set forth in this Agreement and our Privacy Policy available on our website located at https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf.

18. REPLACEMENT CARDS ON EXPIRATION

The expiration date of your Card is identified on the front of your Card. If FEB notifies that you maintain an account under an FEB Account Agreement after the expiration date, we may in our discretion issue a new Card to you. If you need to replace your Card for any reason, please contact Afterpay. You will need to provide certain User Information so we can verify your identity.

19. 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 or this Agreement without our prior written consent.

20. 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.

21. 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 Afterpay Website, the App, or delivering notice of changes to you electronically.

22. ENTIRE AGREEMENT

This Agreement constitutes the entire and sole agreement between you and us with respect to your usage of the Card and supersedes all prior understandings, arrangements, or agreements with us, whether written or oral, regarding the Card, provided that, for purposes of clarity, this Agreement does not supersede the terms of the Loan Agreement, the FEB Account Agreement, or any other agreement between (1) you and (2) FEB or Afterpay.

23. CANCELLATION AND SUSPENSION

You may cancel your Card by notifying Customer Service. Your obligations on the Card and Card Account will continue even though you or we have closed your Card. We may suspend your ability to use your Card, or otherwise cancel, or limit this Agreement at any time for any reason or no reason, and without notice to you, subject to applicable law. We are not liable for any refusal by anyone to honor your Card.

24. BUSINESS DAYS

Our business days are Monday through Friday from 8:00 a.m. - 5:00 p.m. Eastern time, excluding federal holidays. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

25. 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. 

26. WEBSITE AVAILABILITY

Although considerable effort is expended to make the App and Afterpay 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 usage and the usage of the App and Afterpay’s website. 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 Afterpay’s 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.

27. 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.

28. DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER

Please see your FEB Account Agreement and Loan Agreement for information regarding your rights and obligations related to dispute resolution by binding arbitration, jury trial waiver, and class action waivers. 

29. BILLING RIGHTS SUMMARY 

Please see your FEB Account Agreement and Loan Agreement for the summary of your billing rights. Please keep those documents for future use. Your FEB Account Agreement and Loan Agreement tell you about your rights and responsibilities under the Fair Credit Billing Act.

30. CONTACT INFORMATION FOR CUSTOMER SERVICE 

For customer service, you may contact Afterpay according to the contact information specified in the FEB Account Agreement and Loan Agreement

This Card is issued by Sutton Bank pursuant to a license from Visa U.S.A. Inc.

Visa is a registered trademark of Visa, U.S.A. Inc. All other trademarks and service marks belong to their respective owners.