Terms & Conditions
Important Disclosures and Terms
Interest rates and interest charges
Annual Percentage Rate (APR) for purchases
17.9% to 29.65% based on your creditworthiness. This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
19.9% to 29.65% This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
29.65%This APR will vary with the market based on the Prime Rate.
Penalty APR and When it Applies
This APR will apply to your account if:
1) You make 2 (two) or more consecutive late payments;
2) You do not pay the Minimum Payment due by the closing date of the billing period in which it is due; or
3) You make a payment that is returned.
How Long Will the Penalty APR Apply
If the Penalty APR is applied, it will apply fora minimum of 6 (six) billing periods in a row and will continue to apply until after you have made timely payments, with no returned payments for 6 (six)billing periods in a row.
Your due date is at least 25 days after the close of each billing cycle. We will not charge you interest if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and special transfers on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $0.50.
For Credit Card Tips from the Consumer Financial Protection Bureau
To learn more about factors to consider when applying for or using acredit card, visit the website of the Consumer Financial Protection Bureau at
Balance Transfer Fee
Either $10 or 3% of the amount of each transfer, whichever is greater.
Cash Advance Fee
Either $10 or 3% of the amount of each cash advance, whichever is greater.
Late Payment Fee
Up to $39
Returned Payment Fee
Up to $39
Important Disclosures and Terms
How Lender Will Calculate your Balance: Lender uses a method called "average daily balance" (including new purchases). See your ACP Card Agreement for more details.
Variable Rates: If the Prime Rate increases, variable APRs and corresponding Daily Periodic Rate will increase. In that case, you may pay more interest and may have a higher Minimum Payment Due. When the Prime Rate changes, the resulting changes to variable APRs take effect as of the first day of the billing period. The Daily Periodic Rate is 1/365th of the APR, rounded to the nearest one ten-thousandth of a percentage point. The variable penalty APR will not exceed 29.99%.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the ACP Card Agreement that you will agree to below.
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, Lender will obtain your name, address, date of birth, and other information that will allow Lender to identify you. Lender may verify this information with you and others. Lender may also request to see your driver's license or other identifying documents.
Military Lending Act/Customers in the armed forces and their dependents: 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 dependents may not exceed an annual percentage rate of 36%. This rate includes the interest charged on your account plus fees on your account when applicable. If you would like to hear about your Military Lending Act rights and a description of your payment obligation, please contact us at 866-830-4496.
By submitting your application, you acknowledge that as an individual and an Authorized Member of the company, you (1) are requesting us to open an Account in the name of the company, (2) are requesting that we issue Card(s) as you direct, (3) are agreeing to be jointly and severally liable with the company for all charges to the account, (4) are representing that all Card(s) issues on the account will only be used for commercial or business purposes, (5) the information you have provided is accurate, (6) you have read and agree to the ACP Card Agreement, and (7) you are at least 18 years of age. This offer is available to US residents. You authorize us to verify this information and to obtain reports from commercial reporting agencies. You authorize us and our affiliates and subsidiaries to share information we have about you at any time for marketing and administrative purposes as permitted by law.
Individualand Company Liability: Youunderstand that by responding to this offer you agree to be personallyresponsible, both individually and jointly with the Company, for payment of allbalances incurred on all cards and accounts issued pursuant to this applicationnow or whenever such additional accounts may be established in the future. Youunderstand that if you leave the employment of the Company, you will continueto be responsible for the outstanding balances on the accounts. You must notifyus immediately to close the accounts and prevent further usage.
NEW YORK, RHODE ISLAND AND VERMONT RESIDENTS: A consumer credit report may be obtained in connection with evaluating your application and subsequently in connection with updates, renewals, or extensions of credit for which this application is made. Upon your request, we will tell you the name and address of the consumer reporting agency. By submitting an application, you consent to our obtaining such consumer credit reports. New York residents may contact the New York Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees, and grace periods. New York Department of Financial Services 1-877-226-5697 or www.dfs.ny.gov.
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.
WISCONSIN RESIDENTS: No marital property agreement, unilateral statement or a court order adversely affects our rights, unless you give us a copy of such agreement, statement or court order before we grant you credit, or we have actual knowledge of its terms before your account is opened. If we grant you credit and you are married, you will notify us so that we can provide account information to your spouse.
ACP Card Agreement
- How ACP Card works
- Making payments
- Fees and interest
- Additional Cards
- When things go wrong
- Arbitration Provision
- Other Legal
- Communications and information sharing
- ACP Rewards Terms
The ACP Business World Elite Mastercard® (“ACP Card”) is a business credit card, for commercial purposes only. When you are approved, we will give you a “revolving line of credit”. What this means is that you can borrow on that loan up to a certain amount (this is your credit line) and as you pay that loan down that amount becomes available again for you to borrow, just like most other credit cards.
This is an agreement (the “Agreement”) between you and Hatch Bank, a California-chartered industrial bank, Member FDIC (the “Bank”). You promise that you are of legal age in your state of residence and that you are a resident of the United States. You warrant and affirm that the ACP Card may only be used by the company that applies for and is issued a ACP Card (including, e.g., through the actions of authorized users) for a commercial or other bonafide business purpose. This Agreement includes an arbitration provision and a class action waiver. If you are covered by the Military Lending Act, the arbitration provision and class action waiver do not apply to you.
The following terms have this meaning in this Agreement
- Bank, us or we – means Hatch Bank, the lender and owner of your ACP Card account.
- You and your – mean the Cardholder and the company.
- Mercantile Financial Technologies, Inc. – (“Mercantile”) the servicer of your ACP Card and the company you would contact if you need help with your ACP Card. Mercantile provides services to Hatch Bank such as accepting and processing your application, processing transactions and payments, and is the company to which you will pay any amounts you owe on your ACP Card.
- ACP Business World Elite Mastercard – your revolving line of credit with Hatch Bank established pursuant to this Agreement, also referenced as your “Account” or “ACP Card”.
- Billing period – the time period used to bill you for your use of the ACP Card, usually between 25 and 31 days. This is the time frame used to calculate your balance and interest for each bill that we provide to you.
- Balance – the total amount you owe on your account. It includes the dollar amount of purchases you make in a billing period plus any prior unpaid balance, interest and fees that you did not pay off in prior billing periods.
- Daily Periodic Rate (DPR) – the APR on your account divided by 365 to determine a daily rate.
- Purchases subject to Standard Rate – purchases using your ACP Card that are not promotional purchases or otherwise subject to a special financing program. Standard Purchases are subject to the terms of this agreement including APR, Grace Period, payments and due dates.
- Purchases subject to Promotional Rate – purchases using your ACP Card subject to different rates and terms than Standard Purchases such as installments, No Payments No Interest, No Interest. These purchases may have a different APR, Grace Period, specific expiration dates or other terms. See getmercantile.com for promotional terms.
2. How THE ACP Card works
- Any time you use your ACP Card to pay for anything (goods or services) this agreement applies to you. You can use your ACP Card wherever Mastercard is accepted. You authorize Hatch Bank to charge your ACP Card each time you use it to pay.
- AGREEMENT TO PAY: You agree to pay Mercantile for all charges on your ACP Card including fees, interest and any other amounts as agreed to in this Agreement.
- TYPES OF PURCHASES AND BALANCES: There are two types of purchases using your ACP Card:
- Purchases subject to Standard Rate – these are purchases that you make that are not promotional purchases/rates and are subject to the standard terms of this agreement.
When you make multiple Standard Purchases in one billing period these will all be combined and will make up your Standard Balance. If you do not pay the entire Standard Balance by the due date, then you will be charged interest. Interest and fees charged to your Account will be added to your Standard Balance if unpaid. The unpaid amount of your Standard Balance will be charged interest every billing period until it is paid in full.
- Purchases subject to Promotional Rate – these are purchases that are subject to some type of financing offer. Different promotions may be offered from time to time with a different interest rate or other repayment terms, such as installments, equal payment purchases, or a lower or 0% interest rate. Promotions may have different terms and some promotions may only be offered at specific merchants or may be offered for specific time periods. Check acpcard.com for a list of available promotions and terms of each promotion.
- Foreign Transactions – any time you use your ACP Card for a Foreign Transaction, we will not charge you a foreign transaction fee.
- A Foreign Transaction is a transaction in a foreign currency, a transaction made in a foreign country, or a transaction with a foreign merchant even if it is made in US dollars.
- Purchases made in a foreign currency will be converted into US dollars in accordance with Mastercard’s procedures.Mastercard uses the conversion rate in effect on its central processing date.If required to use a government mandated rate, Mastercard will do so. If there is no government mandate, Mastercard will select the conversion rate from a range of rates available in the wholesale currency markets. The selected rate may vary from the rate Mastercard itself receives. If you return an item purchased in a foreign currency the same process will apply. The amount of your refund may be different from the amount of the original transaction because the exchange rate used might be different.
- ACCEPTABLE USE: You agree to not use your ACP Card for any transaction that is illegal in the state where you live or in the state where you are making your transaction. This card is not for personal, family, or household use.
- CREDIT REPORTS:
- You authorize us to obtain and review your individual credit report (soft pull only) and any credit reports for the company – at account opening to process your application, and if an account is opened for you, at other times during our relationship for example for account review, credit line adjustments, collections, and for other account management and servicing.
- You agree that we may report to the credit reporting agencies information about your business account including your balance and your payments and other history with us under this agreement. Late payments, missed payments, or other defaults on your business account may be reflected on your business credit report. This information may negatively impact your business credit report.
- If you believe we have provided incorrect information to the credit reporting agency, call us at 866-830-4496. Please have the following information available: your name, account number, the information you believe to be incorrectly reported and why you believe it is incorrect.
- As required by Utah and California 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.
- UP TO DATE INFORMATION: You agree to keep all the information you have provided to us up to date. You will notify us of any changes, especially to your mobile phone number or email, but also to the other information you have previously provided to us such as your billing address. You can update your information by signing into your account.If you wish to change your business name, you must close your account and reapply with the new business name and information.
- CREDIT LINE: When you open your ACP Card, we will assign you a credit line. This is a maximum amount that you are permitted to charge on your ACP Card and includes all types of transactions, purchases, interest, and fees. If you attempt a transaction that would put your account over your credit line we may decline that transaction, we may approve it as an over the credit line transaction, or we may treat it as a request for a credit line increase. If your Balance is over your credit line, you will need to make a payment on your account to decrease your outstanding balance in order to continue using your ACP Card.
- From time to time we may increase your credit line. We will let you know when we do this.
- From time to time we may decrease your credit line. We will let you know when we do this.
- You may request an increase or a decrease in your credit line. When you make such a request, if we provide that service at the time of your request, we will review your account and let you know if we can process the change.
- We have the option to refuse a request for a credit line increase, but we will notify you of the reasons.
- STATEMENTS: Each billing period we will create a statement with that billing period’s transactions on it. We will provide this statement to you electronically. You must log in to your account to see it. We may not provide a statement if you have no activity on your account or if it is not required by law.
- ALL ELECTRONIC ACCOUNT: Your Account is all electronic. This means that you will not receive any paper notifications, statements, or disclosures. You can request that we send you specific copies of your statement or other documents, in paper form for an additional charge of $5 per copy. You have the right to request any statement or other Notice in paper form within 180 days of the date of the Notice. To receive a paper copy of any Notice that has been previously provided to you electronically, please contact Mercantile at esign@ getmercantile.com. Future notices will continue to be delivered electronically unless you specifically inform us that you wish to withdraw your consent to receive electronic documents. If you decide to withdraw your consent, the legal effectiveness, validity, or enforceability of prior electronic Notices will not be affected, we will close your account and you will be required to pay off any balances due under the terms of your agreement. The eSign Consent which you previously agreed to can be found at https://www.getmercantile.com/legal/esign-policy
- INACTIVE ACCOUNT: If you have no activity on your account for 12 months we may close your account or suspend your ability to make purchases.
3. Making payments
- MONTHLY PAYMENTS: You agree to pay your account each month, when you have a payment due.
- Your payment due date will be the same date each month and will be at least 25 days from your statement closing date. You can change your payment due date by calling Mercantile and requesting a change. We may change your payment due date from time to time, but we will notify you if we do.
- If you don’t use your ACP Card and you don’t have a balance you will not have a payment due.
- You may at any time pay more than the minimum payment due without penalty. However, when you pay more than your minimum payment due it will not extend, delay or otherwise impact your payment due in the following billing period.
- Your payment may not be reflected in your available credit immediately.
- You can make a payment online by logging into your card dashboard, calling the number on the back of your card, or mail payments to Mercantile Financial TechnologiesInc., PO Box 784, Fort Washington, PA 19034-0784.
- US DOLLARS: You agree to pay in US dollars in the form of an electronic bank transfer/Automated Clearing House (“ACH”) from a US bank account. You cannot make payments in foreign currency, cash, money order, travelers’ cheques, or other negotiable instruments.
- ALLOCATING YOUR PAYMENT: We generally apply payments up to your minimum payment due first to interest and fees, then to the balance with the highest APR, and then to balances with lower APRs (down to 0% APR). We apply any part of your payment exceeding your minimum payment to the balance with the highest APR and then to balances with lower APRs.
- GRACE PERIOD: The time period within which you may repay any credit extended without incurring any interest. In practice what this means is that if you pay your Standard Balance in full by the due date each month you will not be charged interest on that balance. Your Grace Period will be at least 25 days.
- HOW YOUR MINIMUM PAYMENT DUE IS CALCULATED: Your minimum payment due is calculated each billing period by taking 1% of your Standard Balance on the last day of your billing period (which will include any unpaid fees and interest from the prior billing period). If you have any fees or interest charged in this billing period (excluding any accrued interest from an unexpired Promotional Balance) those will be added to your minimum payment due as well. If this calculated amount is greater than $35 then the calculated amount is your minimum payment due. Otherwise your minimum payment due is $35 unless your Standard Balance is less than $35 then your Standard Balance is your minimum payment due. Once your current minimum payment due is calculated any past due amount will be added. A credit refund or receipt of cash rewards will not count toward your minimum payment due; you will still need to pay your minimum payment due in full.
4. Fees and interest
- FEES: Here are all the fees that may be charged to your account.
- Late fee – if your minimum payment due is not received in full on or before its due date you will be charged a late fee up to $39. Your first late fee will be $29. If you are late a second time within the next 6 billing periods your second late fee will be $39. If your balance is less than the late fee, your late fee will be equal to your balance. Your late fee will never be more than the amount of your payment that was due.
- Returned payment fee – if you schedule a payment, but the payment bounces or is declined by your bank because you do not have enough money to cover the payment you will be charged a fee up to $39. Your first returned payment fee will be $29. If you have a second returned payment within the next 6 billing periods your second returned payment fee will be $39.
- INTEREST RATE: Interest on your account is calculated based on your assigned Annual Percentage Rate (APR) which is converted into daily periodic rate by dividing the APR by 365 (Number of days in a year). For example - If your APR is 19.98%, your daily periodic rate (DPR) will be 0.0547% (19.98%/365). To find your current APR, refer to your monthly statements.
If you are active-duty military, a dependent, or otherwise covered by the Military Lending Act, the cost of credit may not exceed a military annual percentage rate of 36%. This rate includes the interest charged on your account plus fees on your account when applicable.
- HOW WE CALCULATE INTEREST: We use a method called Average Daily Balance (including new purchases). We calculate an "average daily balance" separately for purchases and any special rate offers then in effect. To get the "average daily balance" of your account we take the beginning balance of your account each day for each of these types of transactions, add new purchases and other special rate offers (as applicable), and subtract any payments and other credits applied to that type of transactions under the payment allocation method then in effect (credit balances are treated as zero for purposes of calculating the daily balances). This gives us the daily balance for each of these types of transactions. Then, we add all of the daily balances for the billing cycle for each of these types of transactions and divide the respective totals by the number of days in the billing cycle. This gives us the "average daily balance" for your account for each of these types of transactions.
- MINIMUM INTEREST CHARGE: We will charge a minimum $0.50 interest for any billing cycle in which an interest charge is due.
- HOW TO AVOID LATE FEES: Mercantile wants to help you get your payment in on time, here are some ways to avoid late fees:
- To avoid late fees, you must pay at least the minimum payment due before the due date each billing period;
- Make your payment on your mobile device or online any time of day. You can schedule individual payments in advance;
- Call customer service and pay by phone.
- HOW TO AVOID INTEREST:
- If you pay your purchase balance in full each month you will not have to pay interest.
5. Additional cards
- At your request, we may issue cards to additional employees. They do not have accounts with us but they can use your Account subject to the terms of this Agreement. We may report an additional employee's use of your Account to credit reporting agencies.
- You are responsible for all use of your Account by additional employee cardholders and anyone they allow to use your Account. You must pay for all charges they make.
- You authorize us to give additional employee cardholders information about your Account and to discuss it with them. If you want to cancel an additional employee Cardholder's right to use your Account (and cancel their card) you must tell us.
6. When things go wrong
LATE PAYMENTS: What happens if your payment is late?
- If you miss a payment or make a payment that is late you will be charged a late fee of up to $39 as described above.
- If your ACH/bank transfer is declined by your bank you will be charged a returned payment fee of up to $39 as described above.
- Default is:
- When you provide false or misleading information to us;
- When you break or violate any agreement(s) of this contract;
- Fail to pay the Minimum Payment Due on your Account by the due date
- When you file for bankruptcy orone is started against you, or you become insolvent;
- When you pass away or become incapacitated.
When you default we have the right to:
- Declare your entire balance immediately due and payable,
- Suspend your account from new purchases,
- Close your account permanently,
- Report your default to the credit bureau,
- Suspend or cancel any promotional offers, rewards, cash back or other offers or features available on your Card,
- Take any other actions and remedies allowed under applicable law, and
- Ask you to pay reasonable costs including attorney’s fees incurred in collecting amounts due from you or protecting Mercantile from other harm as a result of your default.
FRAUD: What to do if you suspect or know someone has used your account without your permission
- CONTACT MERCANTILE IMMEDIATELY: call Mercantile at 866-830-4496 or the number on the back of your card.
- FRAUD: what we will do if we suspect or know there is fraud on your account
- We will contact you, using the mobile number you provided to us when you signed up.
- COLLECTIONS COSTS: You agree to pay any reasonable collections costs, including attorneys’ fees, incurred to collect amounts you owe us.
- SUSPENDING PURCHASE PRIVILEGES: We may decline a transaction or suspend your ability to use your Mercantile Card at any time. Some of the reasons we may do this are:
- Your Balance is over your credit line or a transaction would put you over your credit line,
- You are in default,
- A payment is late, or you miss a payment;
- Protect you in the event we detect unusual activity on your account;
- There has been no activity for 12 months.
- CLOSING YOUR ACCOUNT: We may close your Account at any time for any reason. You may close your Account at any time by calling customer service.
- BILLING RIGHTS NOTICE: Your Billing Rights: Keep This Document 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:
Mercantile Financial Technologies, Inc, 169Madison Ave #2035, New York, NY 10016
In your letter, give us the following information:
- Account information: Your name and account number.
- Dollar amount: The dollar amount of the suspected error.
- Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
- Within 60 days after the error appeared on your statement.
- At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. 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
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
- We cannot try to collect the amount in question or report you as delinquent on that amount.
- The charge in question may remain on your statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
- If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
- If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe, and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
- 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 all of the rules above, you do not have to pay the first $50 of the amount you question 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:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (NOTE: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Mercantile Financial Technologies, Inc, 169 Madison Ave #2035, NewYork, NY 10016
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.
7. Arbitration provision
- PLEASE READ THIS ARBITRATION PROVISION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW LEGAL CLAIMS YOU BRING AGAINST MERCANTILE FINANCIAL TECHNOLOGIES INC. OR HATCH BANK OR THAT MERCANTILE FINANCIAL TECHNOLOGIES INC. OR HATCH BANK BRING AGAINST YOU ARE RESOLVED. If you have a dispute regarding your Mercantile Mastercard, we encourage you to first contact Mercantile to try resolving your problem.
- IF YOU ARE COVERED BY THE MILITARY LENDING ACT THIS SECTION DOES NOT APPLY TO YOU.
- ARBITRATION REQUIRED: Except as explicitly provided in this arbitration provision, any dispute or claim relating in any way to your use of the ACP Card or any Mercantile websites or native apps, or otherwise arising out of or relating to this Agreement or the services provided pursuant to the terms of this Agreement that cannot be resolved directly between you and Mercantile shall be resolved by binding arbitration, rather than in court. This arbitration provision is intended to be broad and except as otherwise provided, is applicable to any and all claims disputes or controversies (whether based upon contract, statute, tort (intentional or otherwise), common law, fraud, misrepresentation or any other legal theory and whether pre-existing, present or future) including initial claims, counterclaims, cross-claims and third party claims; including but not limited to, whether a claim or dispute must be arbitrated; and the validity or enforceability of this arbitration provision; and including claims involving Hatch Bank (Bank), Mercantile Financial Technologies, Inc. and its or the Bank’s agents, employees, officers, directors, predecessors in interest and successors and assigns (Claims). Pursuant to this arbitration provision, any Claims will be resolved exclusively through final and binding arbitration, rather than in court, except as otherwise indicated in this arbitration provision (see Exceptions below). The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT YOU WAIVE ANY RIGHT TO A JURY TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION PROVISION.
- HOW DOES ARBITRATION WORK? Arbitration is less formal than a lawsuit filed in court. Arbitration uses a neutral arbitrator instead of a judge. Court review or appeal of an arbitration award is very limited. The arbitrator can award the same damages on an individual basis that a court can award to an individual and must apply this Agreement (including the arbitration provision) in the same way a court would. The arbitrator can decide all issues except the interpretation of the section below entitled “NO CLASS ACTIONS”. Only a court of competent jurisdiction shall decide these issues.
- RESTRICTIONS: You agree that any arbitration shall be limited to the dispute between Mercantile Financial Technologies, Inc. or the Bank and you individually. To the fullest extent permitted by law,
- No arbitration shall be joined with any other;
- There is no right or authority for any dispute to be arbitrated as a class or otherwise on any class-action basis or to utilize any class or class action procedures (see NO CLASS ACTIONS below);
- There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons, and
- If for any reason a claim proceeds in court rather than in arbitration, you, Mercantile Financial Technologies, Inc. and the Bank each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action.
- NO CLASS ACTIONS: You, Mercantile Financial Technologies, Inc. and the Bank agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. You, Mercantile Financial Technologies, Inc. and the Bank specifically agree that arbitration is not available and shall not be conducted on a class-wide basis and that the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. If any question is raised relating to whether class actions or consolidated actions are permitted, the arbitrator(s) is not authorized to decide that question and that question must be resolved by a court. Also, the arbitrator(s) may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Mercantile Card users. If this paragraph cannot be enforced, then this entire arbitration provision shall be null and void.
- EXCEPTIONS: You and Mercantile Financial Technologies, Inc. and the Bank will not be required to arbitrate:
- Any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court;
- A case Mercantile Financial Technologies, Inc. or the Bank files to collect money you owe under this Agreement. However, if you respond to the collection lawsuit by claiming any wrongdoing, Mercantile Financial Technologies, Inc. or the Bank may require you to arbitrate;
- Any disputes seeking to enforce or protect, or concerning the validity of your or Mercantile Financial Technologies, Inc.’s or the Bank’s intellectual property rights; and
- Any claim for injunctive relief.
- The scope of this arbitration provision is to be given the broadest possible interpretation that is enforceable.
- The terms of this arbitration provision shall survive the closing of your Account and/or the termination of the Card Agreement.
8. OTHER LEGAL
- GOVERNING LAW AND FORUM: This Agreement has been accepted by us in the state of Delaware and all extensions of credit are made by us in the state of Delaware. Regardless of the state of your residence you agree that the provisions of this agreement are governed by federal law and to the extent state laws apply, the laws of the state of Delaware without regard to principles of conflicts of law. You agree that any claim or dispute you may have against us, in the event that the arbitration provision in Section 7 is found to not apply, must be resolved by a court located in Delaware and you agree to submit to the personal jurisdiction of the courts located in Delaware for the purpose of litigating all such claims or disputes.
- CHANGES TO THIS AGREEMENT: We may change the rates, fees, and terms of this Agreement from time to time as permitted by law. The changes may add, replace, or remove provisions of this Agreement. We will give you notice of any changes and we will give you advance notice of the changes and a right to opt out as required by law.
- RIGHT TO ASSIGN: You may not assign or otherwise transfer your rights and privileges under this Agreement, or delegate your obligations to repay amounts you owe to us. We may assign any and all of our rights under this Agreement at any time without your consent. Any person, company or bank to whom we assign this Agreement shall be entitled to all of our rights under this Agreement.
- Waiver - any waiver of a breach of any provision of this Agreement will not be a waiver of any other subsequent breach. Failure or delay by either party to enforce any term or condition of this Agreement will not constitute a waiver of such term or condition.
- Severability - If at any time after the date of this Agreement, any of the provisions of this Agreement are held by any court of competent jurisdiction to be illegal, void or unenforceable, such provision shall be of no force and effect, but the illegality and unenforceability of such provision shall have no effect upon and shall not impair the enforceability of any other provisions of this Agreement. Notwithstanding the preceding sentence, if the paragraph titled No Class Actions in Section 7 cannot be enforced, then the entire arbitration provision in Section 7 shall be null and void.
- Headings - the headings in this Agreement are for reference purposes only and shall not affect the interpretation of this Agreement in any way.
- Entire agreement – this agreement is the final expression of the agreement between you and Hatch Bank and may not be contradicted by evidence of any oral agreement.
9. Communications and information sharing
- Our Communication policy applies to the contact information you provide to Hatch Bank and Mercantile Financial Technologies, Inc. (together “us” and “we”) at any time through any channel. For example, the information you provide to us on the Mercantile website, the Mercantile application, Mercantile social media sites, via email, chat, phone and any other interaction you have with us (together “Your Information”). When you provide Your Information and open an account you accept this policy.
- By establishing a username (email) and password you agree to this policy and you certify that you are a U.S. resident and that you are of legal age in your state of residence.
- How we will use Your Information to Communicate with you: We will use Your Information to communicate with you. Methods we will use to communicate with you include email, phone calls and voicemails, text messages, alerts in app, messages in app, messages on the Mercantile website, messages on social media and any other means of communication. For any calls or text messages, your mobile provider may charge you according to the type of plan you carry and you are responsible for such charges.
- We may communicate with you about your account, examples include: to alert you if there is suspected fraud on your account, to alert you about purchases made with your card, to remind you of a payment due, to request you make a payment, to offer you other Mercantile products, or for any other reason related to your Mercantile account. You agree that any such communication is not unsolicited for purposes of federal or state law.
- PHONE COMMUNICATION: You also agree that we can contact you on all the phone numbers you provide to us, phone numbers you use to call us or other numbers that we reasonably believe belong to you, whether they are mobile numbers or landlines. You agree that we can call you at any of these numbers using an automated dialer and/or using an artificial or prerecorded voice. You may opt out of receiving these calls at any time and consent to receive calls is not a condition of having a Mercantile account. However, your account activity and services you receive may be limited. For example, you may not be able to receive automated calls about suspected fraud on your account. If at any time you wish to withdraw your consent, you can contact us via any channel - email, mail or phone. If you prefer you can send us an email to email@example.com.
- TEXT MESSAGES: we use text messages as a means of verificationwhen you first sign up for the card, to provide you important disclosures, toverify your identity when you access certain features of your account, changedevices and for other reasons as part of servicing your Card Account. You canopt out of receiving text messages but your access to your Account will besignificantly limited if you do so. For example, you may not be able to accessyour Account to pay your bill online or on the mobile app. We may close yourAccount if you opt out of text messages, but you will still be responsible forpaying your balance if you have one.If at any time you wish to withdraw your consent, you can contact us via anychannel - email, mail, or phone. If you prefer you can send us an email to firstname.lastname@example.org.
- MONITORING AND RECORDING: we may monitor, tape or record telephone calls with you, including when you call us or when we call you.
10. ACP Rewards Terms
How to Earn Rewards
You will earn 5%rewards on ACP up to $2,000 in spend per account each year, and 1.5% after that. You will earn 1.5% rewards on all other purchases made with your ACPBusiness World Elite Mastercard after that. This includes all purchases of goods and services and recurring transactions. It also includes purchases made with your card through a digital or mobile wallet.
When you will not earn Rewards
You will not earn rewards on disputed or fraudulent transactions. If you originally earned rewards on such transactions, the rewards will be reversed. For example, for disputed transactions you may receive rewards in the cycle that the transaction posts to your account, but if you dispute that transaction the following cycle then that reward amount will be reversed when your dispute is accepted.
You will not earn rewards if you return an item, have any other adjustment on your account, or receive credit back from a merchant or service provider. We will reverse the reward that’s associated with the return, credit, or adjustment.
Special Reward Offers
We may offer additional Rewards for setting up AutoPay options. Ifyour payment is reversed for any reason, the associated reward points will bereversed as well. See AutoPay page on the card dashboard for reward offers perAutoPay method.
From time to time, we may have special offers on rewards subject to additional terms. The full terms and conditions for these offers will be available on acpcard.com.
How you Redeem your Rewards
You can redeem your rewards online by logging into your card dashboard.Rewards can be applied to your Card balance as a statement credit or redeemedas a check. See rewards section on dashboard for additional ways to redeempoints. You will always need to pay your entire minimum payment due as shown onyour account statement.
In the event your card is lost or stolen we may delay the redemption of your rewards until your new card is set up. Your rewards will always transfer to your new card. You are responsible for letting us know if you do not receive rewards for an eligible purchase.
Mercantile reserves the right, in its sole discretion, to disqualify you from participating in the rewards program and to invalidate or reverse rewards earned for abuse, fraud or any violation of these Terms or your Card Agreement.
We may revise these rewards terms at any time, and we may cancel, suspend, or change the rewards program at any time. We will provide you notice if any of these events occur.
To be eligible for the Rewards Program your Card must not be closed or in Default. You agree that you are using this account for business purposes only.
last updated: 10/2023