There may be limits on the amount and frequency of withdrawals, transfers, and deposits you can make using your Card. Please refer to the Disclosures for any limits that may apply to your Account. 

You are responsible for keeping track of your Account’s Available Balance (as defined in your Account Agreement). You acknowledge and agree that the funds available to perform Card transactions are limited to your Account’s Available Balance and do not include any amounts that are subject to a hold. You are not authorized to use funds added to your Account in error. Any transaction that could create a negative balance for your Account may be declined by Bank. 

Bank may make adjustments to your Account including to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to your Account. These processing and adjustment entries could cause your Account to have a negative balance. If your Account has a negative balance, you agree that Bank may automatically apply any subsequent deposits to your Account to satisfy the negative balance. In addition, Program Partner or Bank may send you a notice explaining the reason for the adjustment and requesting payment. You agree to pay Bank the amount due on demand by personal check, money order, or other payment method specified by Bank.

Please be aware of the merchant’s return policies before using your Card to make a purchase. Neither Bank nor Program Partner is responsible for the delivery, quality, safety, legality or any other aspect of any goods or services you purchase using your Card. If you have a problem with a purchase that you made with your Card or if you have a dispute with a merchant, you must handle it directly with the merchant. If you are entitled to a refund for any reason for goods or services obtained using your Card, you agree to accept credits to your Card for the refund and agree to the refund policy of the merchant. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

There may be fees associated with the use of your Card. Please refer to the “Fee Schedule” section of the Disclosures for any fees that may apply to the use of your Card.

Electronic fund transfers ("EFTs") are transactions that are processed by electronic means and include, among others, the types of transactions described in this section. 

Your Disclosures provide you with the information and terms about the EFTs that are permitted on your Account. 

The services, functions, and facilities available through the use of the Card shall be determined by Bank from time-to-time in its sole discretion. 

We may change this Cardholder Agreement, or any fees and features of the Card, at any time by posting an amended Cardholder Agreement on Program Partner’s website, and any such amendment will be effective upon posting. We will give you advance notice of any change where required by law. We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service. We may change or terminate this Cardholder Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation. 

If we make any of our other banking services available to you in connection with your Card, we may provide certain terms and conditions for those additional services to you in a separate agreement or disclosure. 

We will disclose information to third parties about your Account and transactions under certain circumstances, including: 

You can more fully understand how we may use and share your information by referring to Bank’s Privacy Policy at https://www.transpecos.bank/privacy.

We work with one or more third parties, including Unit Finance Inc. (“Unit”) and Program Partner, in connection with your Card and your Account. Specifically, Unit assists us by performing functions that you have authorized us to perform, such as processing transactions, handling account operations including account set-up, transaction monitoring, and customer support, and providing technology-related services to Program Partner and Bank. We may share your information with these and other service providers that we believe need the information to perform a technology, business, or other professional function for us, including, without limitation, IT services, maintenance and hosting of our services, marketing partners, accounting, auditing, and tax services, and other professional services. 

We may refuse to issue, deactivate, revoke, suspend or cancel your Card at any time with or without notice to you, other than as required by law. This includes deactivating or canceling your Card if it has been lost or stolen to prevent unauthorized transactions. You agree not to use your Card once it has been deactivated, revoked, suspended, or canceled.

We may also limit your use of the Card, including limiting or prohibiting specific types of transactions. If you would like to cancel your Card, you may do so at any time by contacting us through the Online Banking Application or by emailing the Program Partner as described in the “How to Contact Us” section of the Disclosures.

The cancellation of your Card privileges will not otherwise affect your rights and obligations related to your Account.

All actions relating to your Card and this Cardholder Agreement will be governed by the laws and regulations of the United States and the State of Texas, irrespective of conflict of law principles and whether you live in Texas or used your Card in Texas. You agree that any dispute arising under this Cardholder Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court. 

Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Texas law or, if you have another agreement with us that provides for a shorter time, within that period. If federal or Texas law requires a longer time period than the time periods in this Cardholder Agreement, you agree to the shortest time period permitted under the law. 

Except as otherwise expressly provided in this Cardholder Agreement, the following rules apply: (a) the singular includes the plural and the plural includes the singular; (b) all references to the masculine gender include the feminine gender (and vice versa); (c) “include”, “includes” and “including” are not limiting; (d) unless the context otherwise requires or unless otherwise provided herein, references to a particular agreement, instrument, document, law or regulation also refer to and include all renewals, extensions, modifications, amendments, and restatements of such agreement, instrument, document, law, or regulation; (e) a reference in this Cardholder Agreement to a section or schedule is to the section of or schedule to this Cardholder Agreement unless otherwise expressly provided; (f) a reference to an Article or a Section in this Cardholder Agreement, unless the context clearly indicates to the contrary, refers to all sub-parts or sub-components of any said Article or Section; (g) words such as “hereunder,” “hereto,” “hereof,” and “herein,” and other words of like import, unless the context clearly indicates to the contrary, refers to the whole of this Cardholder Agreement and not to any particular section, subsection or clause hereof; (h) where the Cardholder Agreement states that a Party “shall,” “will,” or “must” perform in some manner or otherwise act or omit to act, it means that the Party is legally obligated to do so in accordance with the Cardholder Agreement; and (i) references to any statute includes any amendments thereto and its implementing regulations.

If you change your company’s name, address, mailing address, or tax ID (or if any Cardholder changes their name, address, or mailing address), you agree to promptly notify us in writing pursuant to the “How to Contact Us” section of the Disclosures. If the change does not apply to all of your Cards and Accounts, you agree to inform us which Card(s) and which Account(s) are affected by the change. 

You may not assign, transfer, or otherwise delegate, whether by operation of law or otherwise, the Card or your rights or obligations, in whole or in part, under this Cardholder Agreement. Any assignment, transfer or delegation or attempted assignment, transfer, or delegation in violation of the foregoing shall be void. Bank may assign, transfer, or otherwise delegate its rights or obligations, in whole or in part, under this Cardholder Agreement in its sole discretion. Except with respect to Indemnified Parties and except as otherwise specified in this Cardholder Agreement, this Cardholder Agreement is not intended to and shall not be construed to give any third party (including any Cardholder) any interest or rights (including any third-party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. Use of the Card is subject to all applicable rules and customs of any clearinghouse, network, or other entity involved in transactions. Bank does not waive its rights by delaying or failing to exercise them at any time. In case any one or more of the provisions contained in this Cardholder Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Cardholder Agreement, but this Cardholder Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify this Cardholder Agreement so as to effect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible. The headings in this Cardholder Agreement are only for convenience and do not in any way limit or define your or our rights or obligations under this Cardholder Agreement. You agree that this Cardholder Agreement and the Account Agreement(s) are the entire statement of the terms and conditions that apply to the subject matter hereof. If any term or condition of this Cardholder Agreement should be invalidated or unenforceable for any reason, all other terms and conditions will continue in full force and effect.