Coast Card Program Terms

Effective Date: November 9, 2021

These Coast Card Program Terms are incorporated into and made part of the Platform Agreement between Company and Coast and set forth the terms that govern your use of Cards, including the process for obtaining and managing Cards through your Coast Account and the issuance and use of Cards. We may update these Coast Card Program Terms at any time by delivering Notice through posting updated versions to our website, and your continued use of Cards will constitute acceptance of the updated terms.

By using Cards you consent to these Coast Card Program Terms as well as the Spend Card User Terms which are hereby incorporated by reference. 

Capitalized terms that are not defined in Section 2 have the definitions provided in the [Platform-Agreement].

 

1.1 Card and User Terms

Cards are issued by the Issuer identified on the back of physical Cards issued to you and in relevant program materials provided to you. The Platform Agreement and these Coast Card Program Terms govern your use of the Cards. You may only use the Cards if you consent to these Coast Card Program Terms and your Users and Administrators consent to the [User Terms].  Coast may update the Coast Card Program Terms or User Terms by providing Notice to you and continued use of the Cards constitutes acceptance of the updated Coast Card Program Terms and User Terms. 

1.2 Activating the Cards

Cards must be activated prior to use, and each User must have an active profile configured by an Administrator and a verified mobile phone number. Activation instructions are provided to Administrators with delivery of physical Cards, by a Notice sent electronically, or through your Coast Account. By activating a Card or participating in the program in any way, Users and Administrators represent that they have read and understand the User Terms and that they agree to be bound by such terms.

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1.3 Credit Limits and other Limits

Coast will establish an aggregate credit limit for all the Cards issued to you under Company’s Coast Account. Company credit limits are set by Coast using a combination of Company Data and Personal Data available to Coast including data from your application and commercially available data that assesses Company’s credit quality and the credit quality of the individual applying on behalf of Company.  The credit limit applicable to Company’s Coast Account can be found on your account portal. Credit limits may be modified at any time with or without Notice to you, including temporary increases or decreases to your spending limits or reducing spending limits to $0. Administrators may set User-specific limits or spending controls through your Coast Account, but the aggregate spending limit for all Users may not exceed the total credit limit established for Company.

We and our Program Partners may establish limits on the types of merchants with which Users may make Charges and the types of transactions that are permitted (i.e., fuel-only transactions). Administrators also may establish these limits. Further, we and our Program Partners may restrict the maximum amount of any particular Charge and the number of Charges allowed for your Account and/or Cards. We and our Program Partners reserve the right to (i) decline to authorize any Charges that would cause you to exceed any applicable limit, (ii) decline to authorize Charges at merchants characterized by the Card Network or us as prohibited or restricted merchants, and/or (iii) decline to authorize Charges, reverse Charges, and/or suspend Cards for any other reason, including for violation of the Platform Agreement, these Coast Card Program Terms or Card Network rules or suspected fraud. We are not responsible for losses resulting from declined or reversed Charges. Merchants typically accept all Card Network-branded Cards; however, we are not responsible and will have no liability if a merchant refuses to honor a Card. We further reserve the right to place a hold on a Card for any Charge. Where a hold is placed on a Card, the amount of the hold will reduce the available spend until the hold is released. 

An Administrator may set certain limits for each Card and each User through the online portal. Users who are not Administrators will not be permitted to establish or modify such settings. For example, an Administrator may establish settings that allow only certain Users to use certain Cards, that modify the spending limits applicable to a User or Card, that limit the categories of purchases that may be authorized for a User or a Card, or the amount of transactions that may be performed with a Card in a day or month. An Administrator may change such settings from time to time via the online portal without a User’s consent.

Cards may be configured to limit transaction amounts and merchant acceptance. While we attempt to control the use of the Card to the parameters selected, you agree to pay for all transactions on the Account regardless of whether such charges are within or outside the parameters established for each Card. Some fuel pumps do not automatically shut off at a Card’s transaction dollar limit and we may authorize, and you are responsible for, such purchases in excess of your credit limit or an Administrator-imposed spending limit. 

 

1.4 Requesting and Replacing Cards

Administrators may request Cards for Users through your Coast Account but may only request Cards for and provide Cards to individuals that are employees or affiliated with or authorized by the Company. Cards may be denied or canceled due to changes in Program Partners’ policies, as required by law, or for other reasons we determine are appropriate under the circumstances.  You will be issued Cards and will be able to view transactions and manage Cards through your Coast Account.

You will promptly notify us and take appropriate measures to prevent unauthorized transactions when a Card is lost, stolen, breached, or needs to be replaced. In such cases, Administrators may request the issuance of replacement Cards through your Coast Account portal. Replacement Cards may have new account numbers that will require you to update the Card on file for any scheduled or recurring payments. If you do not update the Card for scheduled or recurring payments, the transactions may not be completed. You are solely responsible for updating Cards stored with merchants where account numbers have been changed.

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1.5 Using Cards

Users may only use Cards for bona fide business-related Charges. Cards may not be used for cash advances or purchases from persons other than merchants. Cards may only be used to complete transactions in the United States using U.S. dollars (USD). You are responsible for selecting who in your organization should have access to Cards. You agree to establish and maintain controls designed to ensure that the Cards are only used for bona fide Company purposes and in compliance with Card Network rules. You are solely responsible for Charges made by any individual given access to Cards. Coast, Program Partners, Card Networks, or other intermediary Third-Party Service Providers (including merchant acquirers) may deny or reverse Charges for any reason. Coast is not responsible for any losses, damages, or harm caused by a Charges that are denied or reversed.

 

1.6 Disputing Charges

 

You are responsible for reviewing your Periodic Statements promptly and identifying any Charges that you believe are unauthorized or that you dispute.

If you and a merchant have a dispute regarding a Charge identified on your Periodic Statement, such as delivery of incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant. If the dispute is not resolved to your satisfaction or if you believe the Charge is unauthorized, you may initiate a Chargeback Dispute by contacting Coast by email at support@coastpay.com or by phone at (833) COAST01 / (833) 262-7801 no later than 60 days following the date we issued you a Periodic Statement reflecting the Charge being disputed. 

You understand that the transactions made using Cards are subject to Card Network rules regarding chargebacks. Certain of our Program Partners and the Card Networks have established procedures for resolving Chargeback Disputes that may require you to provide details of the disputed Charge or associated documentation and that limit the types of transactions that are eligible to be disputed.

Charges relating to disputed Charges will be due and payable on the Due Date if they are pending resolution as of the Due Date for the applicable Periodic Statement. Chargeback Disputes resolved in your favor will be credited to your Coast Account on either the current or a future Periodic Statement. We may impose Fees, reduce your spending limits, or suspend access to your Coast Account or the Services if you fail to pay Charges relating to Chargeback Disputes that are pending resolution on the Due Date.

You understand that your Coast Account is commercial in nature and that card-related consumer protection laws, including the Electronic Funds Transfer Act and Regulation E, do not apply to Chargeback Disputes or other Card-related disputes.

1.7 Fees

‍We will disclose Fees to you when opening your Coast Account or through our website – please read our [pricing page] carefully. Except where agreed upon in a writing executed by both parties, we may change Fees upon thirty days’ Notice to you.

 

1.8 Periodic Statements and Payments

You are responsible for payment in full of your entire Balance including all Charges, Fees, and Fines. We will provide you a Periodic Statement at the end of each monthly billing cycle. Your first billing cycle will begin on the day that you create your Coast Account, unless otherwise specified in writing. Each monthly billing cycle will reflect your then-outstanding Balance including Charges, Fees, Fines, refunds, or other amounts owed or credited to your Coast Account starting on the first day of the billing cycle through and until 11:59 p.m. Eastern Time on the last day of your billing cycle. Payment of the entire Balance of your Coast Account is due on the Due Date. You may pay the Balance of your Coast Account, or a portion of it, at any time prior to the Due Date without penalty.

If you provide us with business bank account information to be used for bill payment and have opted in to Automatic Payment, you agree that Coast may directly debit this Direct Debit Account for payment of the Balance indicated in the applicable Periodic Statement including payment in full of all Charges, Fees and Fines. The Direct Debit Account will be automatically debited for the Balance on your Due Date and your Coast Account will show the credit the day after payment is received. If your Due Date falls on a day that is not a Business Day, we will debit your Direct Debit Account on the next Business Day following your Due Date. If an Automatic Payment is returned or denied or fails for any reason, we will attempt to debit your Direct Debit Account again for the Balance. 

You may also pay your Balance using your Direct Debit Account by scheduling a One Time Debit Payment. Your payment will be on time so long as you authorize the One Time Debit Payment on or before 11:59 p.m. on your Due Date.

If you do not maintain a Direct Debit Account, you will be required to pay the Balance by initiating an ACH Credit Payment or wire from a business account or by check. 

Checks (which should include your Coast account number) should be mailed to:

Coast

P.O. Box 483 

New York, NY 10014

Check payments received at the above address will be deemed received as of the date that is the earlier of (i) when Coast receives the check and (ii) three Business Days after the payment is postmarked. Please make sure to mail any check payments no later than three Business Days prior to your Due Date to avoid late fees. It may take additional days to process a check from the time the envelope containing a check arrives at our P.O. box to posting the check amount to your Coast Account. If we have not received and processed your check by the Due Date (or, if your Periodic Statement reflects a Due Date which falls on a day which is not a Business Day, by the preceding Business Day) your Coast Account will be automatically charged a late fee. If we subsequently process a check that was postmarked on or prior to the third Business Day prior to the Date Date with respect to such billing cycle, we will reverse the late fee. 

 

For ACH Credit Payments or payments made by wire, payments must be received by Coast prior to 5:00 p.m. Eastern Time on the Due Date (or, if your Periodic Statement reflects a Due Date which falls on a day which is not a Business Day, by 5:00 p.m. Eastern Time on the preceding Business Day). ACH Credit Payments or wires which we receive after such cut-off time on a Business Day, or at any time on a day other than a Business Day, will be posted on the following Business Day.

 

Regardless of payment method, Company must ensure that Company’s account number is provided with the payment. Failure to do so will cause processing delays in posting the payment to your Coast Account. 

 

We may report Company payment history and performance to one or more third-party data providers including commercial credit bureaus. 

1.9 Promise to Pay; Entire Balance Due

You promise to pay all Charges as and when payment is due in U.S. dollars (USD) in accordance with these Coast Card Program Terms and the Platform Agreement. This includes all Charges made by Users, by persons authorized to act on your or a User’s behalf or given access to Cards, regardless of whether a Card is physically presented for a Charge. You shall pay all such amounts, no matter how it is incurred, for what it is incurred (even if incurred for a purpose not permitted under these Coast Card Program Terms or the Platform Agreement), or who has incurred it, subject to the terms in Section 1.5 of the Platform Agreement. You further promise to pay all Fees and Fines incurred through use of Cards for such Charges. Please see “Responsibility for Transactions” in the Platform Agreement regarding the Company’s liability for Unauthorized Use of a Card or your Coast Account.

We can declare all Charges, Fees, Fines, or other amounts owing under your Coast Account to be immediately due and payable on demand where you: (a) fail to pay the full Balance indicated in a Periodic Statement when it becomes due; (b) breach the Platform Agreement or these Coast Card Program Terms or are otherwise in default in accordance with Section 1.11 herein; (c) provide any false or misleading information or fail to maintain information as current; (d) you are in default under any other agreement with us; (e) you do or we believe you may cease to exist, take any action to dissolve or wind up your affairs, engage in voluntary or involuntary bankruptcy filings or such case is filed by or against you, or a receiver or trustee for the benefit of creditors is appointed for you; or (f) you or we close your Coast Account.

1.10 Collections

Any failure to pay the full Balance owed to Coast when required is a breach of these Coast Card Program Terms in addition to potentially resulting in a late payment fee. You are responsible for all costs or expenses that we or Program Partners incur collecting amounts owed but not timely paid, including legal or collections fees.

We may assign accounts to third party collection agencies, report positive and/or negative information to business credit bureaus, restrict your access to Coast, or take any other action permitted by applicable law. You agree that we or any of our agents or third parties acting on our behalf may contact you periodically to send you reminders to pay your obligations through any of the communication methods discussed in the Platform Terms under “Notice and Communication”.

1.11 Default

 

Your Coast Account may be in default where you breach these Coast Card Program Terms, the Platform Agreement, or any of the Other Terms and Conditions; where you do not pay amounts owed when due, or file for dissolution or bankruptcy; where you open or maintain a Coast Account using inaccurate or false information; or where you pose an unacceptable regulatory or financial risk to us or third parties.

If we determine that Company is in default, Company’s credit may be reduced, Charges may not be authorized, new Cards may not be issued, we may deem all amounts immediately due and payable, and we may close your Coast Account.

1.12 ACH Authorization

IF YOU PROVIDE US WITH A DIRECT DEBIT ACCOUNT TO BE USED FOR BILL PAYMENT AND HAVE OPTED IN TO AUTOMATIC PAYMENT, THIS SECTION PROVIDES AUTHORIZATION TO DEBIT SUCH DIRECT DEBIT ACCOUNT FOR THE ENTIRE BALANCE YOU OWE AS INDICATED IN THE APPLICABLE PERIODIC STATEMENT AND IN ACCORDANCE WITH THESE COAST CARD PROGRAM TERMS AND THE PLATFORM AGREEMENT. PLEASE READ THEM THOROUGHLY.

Your Authorization to Debit Direct Debit Accounts: You authorize Coast or its agents or assigns to collect amounts owed under these Coast Card Program Terms and the Platform Agreement by debiting funds from the applicable Direct Debit Account using the Automated Clearinghouse (ACH) network governed by the rules established by the National Automated Clearinghouse Association (NACHA). These debits are bound by NACHA rules for business-related ACH debits.

Manner and Timing of Payment: We will debit the applicable Direct Debit Account for the full Balance on your Due Date, provided that if your Due Date falls on a day that is not a Business Day, we will debit your Direct Debit Account on the next Business Day following your Due Date. If we cannot collect these amounts via ACH, you agree to immediately pay all amounts owed as directed. You also authorize Coast and its agents and assigns to debit such Direct Debit Account immediately, on any date, and without additional Notice, for all amounts owed to us under these Coast Card Program Terms where we determine in our sole discretion that Company poses or may pose an unacceptable risk to Coast, Program Partners, or third parties or no longer satisfies the criteria used to establish the spending limit for Company.

Withdrawing Your Authorization: To withdraw the debit authorization for Automatic Payment from a Direct Debit Account, you must provide us 7 days’ advance Notice. Withdrawal of an Automatic Payment debit authorization does not terminate the Platform Agreement or your obligation to pay all amounts owed under the Platform Agreement or these Coast Card Program Terms in a timely manner as enumerated in Section 1.8 above. Company will be responsible for all costs of collections and damages if amounts owed are not paid in full by Company as described herein.

 

Company’s Coast Account is commercial in nature, and you acknowledge and understand that certain consumer protection laws (including the Electronic Funds Transfer Act or Regulation E) and consumer-specific rules (including NACHA rules specific to consumers) do not apply to transactions on your Coast Account or your use of the Services.

Notice to Customers in California Only: If Company is located in or was organized in California, notwithstanding any other terms or provisions of these Coast Card Program Terms or the Platform Agreement to the contrary, we shall have no recourse against Company for its payment obligations to Coast in respect of Charges under Company’s Coast Account; provided, however, that we shall have recourse against Company in respect of all other obligations of Company under these Coast Card Program Terms and the Platform Agreement, including the obligation to pay any and all Fees and Fines and Company’s obligations arising under Section 2.5 of the Platform Agreement (Indemnification), and nothing herein shall be construed to waive any right or remedy Coast may have at law or in equity for damages arising in the event of fraud, intentional misrepresentation, other willful misconduct or gross negligence by Company or any employee or agent of Company.

 

2. Defined Terms

• ACH Credit Payment means a payment that you initiate from any business bank account to pay any amounts due on your Coast Account.
• Automatic Payment means a payment option where you authorize Coast to debit your Direct Debit Account on a recurring basis for all amounts owed on each Due Date.
• Balance means all amounts charged to your Coast Account at any time, including Charges, Fees, Fines or amounts that we are permitted to add to your Coast Account by these Coast Card Program Terms, the Platform Agreement or otherwise, including attorneys’ fees or collection costs.
• Business Day means any day other than a Saturday, Sunday, or other day on which banking institutions in New York are generally authorized or required by law or executive order to close. 
• Chargeback Dispute means a dispute that you initiate against a merchant for an unresolved dispute with the merchant or where you assert a Charge is unauthorized.
• Direct Debit Account means a business bank account you have provided to deduct bill payments either through Automatic Payment or One Time Debit Payment.
• Due Date means the tenth calendar day following the end of each monthly billing cycle.
• One Time Debit Payment means a payment where you authorize Coast to debit your Direct Debit Account on a particular date or dates to pay any amounts due on your Coast Account.
• Periodic Statement means the periodic statements that reflect activity for all Cards issued to Company identifying Charges, Fees, Fines, refunds, or other amounts owed or credited to your Coast Account during each billing cycle.