TERMS AND CONDITIONS OF CARD USE
TERMS AND CONDITIONS regarding your Flash Market, Inc. charge cards(s) (hereafter "Card") and terms and conditions for the use thereof. By establishing an account you are agreeing to the following TERMS AND CONDITIONS:
1.
The Card may be used to purchase products and
services at participating Flash Market, Inc. merchants.
2.
The customer and each guarantor unconditionally,
jointly, and severally guarantee full and prompt payment of all sums which may,
from time-to-time, be owing to FLEET ONE by the customer as a result of this
agreement. Such sums may include but are not limited to the purchase of
products or services through FLEET ONE facilities, payments for other products
or services obtained using the Card, and any applicable interest, penalties,
and service charges.
3.
Customer will receive an invoice either weekly or
monthly, depending on Customer's credit arrangements with FLEET ONE. Copies of
receipts for individual transactions will not be provided.
4.
Customer agrees to pay the full amount due
according to the terms indicated on the FLEET ONE billing statement by delivery
or mail to the address shown on the statement. If this amount is not received
by FLEET ONE within five (5) calendar days of the due date shown on the
statement, customer and guarantors agree to pay interest on the past due
balance at an annual rate of the greater of 18% or the maximum allowed by law,
until the balance is paid in full. Any payments received will be applied first
to outstanding finance charges, then to any past due balance, then to any new
purchases.
5.
Notwithstanding any provision in this agreement to
the contrary, the total liability for payments of interest and payments deemed
to be interest by applicable law, shall not exceed the limit imposed by
applicable usury law. In the event the total liability for payments of interest
and payments deemed interest by applicable law, shall, for any reason
whatsoever, result in an effective rate of interest which exceeds the limit
imposed by the applicable usury law, all sums in excess of those lawfully
collectible as interest for the period in question shall, without further
agreement or notice by, between, or to any party hereto, be deemed to have been
applied, immediately upon receipt of such sums by FLEET ONE (and shall be
applied), as a credit on the principal due or thereafter arising on Customer's
account.
6.
Payments received on a regular business day will be
credited to customer's account on the following regular business day.
7.
If FLEET ONE must use an attorney or collection
agency to collect any overdue amount from customer and/or any guarantors,
customer and each guarantor agree to pay reasonable attorney fees and costs of
collection incurred by FLEET ONE which the parties hereby fix at 33 1/3% of any
balance due, plus court costs. No notice of acceptance hereof need be given any
guarantor. In consideration of charges allowed and to be allowed to the
customer, the guarantor hereby personally guarantees payment of all amounts due
FLEET ONE.
8.
Internet and ElectroniChek Authorization
(a)
Customer understands that FLEET ONE will process only the specified amount
indicated on the ElectroniChek, or online payment, via Automated Clearing
House. In case of error, FLEET ONE will
make correction within 48 hours after detection or on the day the incorrect
draft effected Customer’s bank account. (b)
Customer understands if an ElectroniChek is returned for non-sufficient funds,
Customer will remit payment via wire to FLEET ONE’s wire account for the
returned entry amount plus a $20.00 (twenty ) dollar return check fee. Customer understands all future payments
will be made via wire to FleetOne, L.L.C.
(c) Customer understands that this authorization will be in effect until
Customer notifies: FleetOne, L.L.C., 5042 Linbar Drive, Nashville, TN 37211.
And Customer will notify its financial institution in writing that
Customer no longer desires this service, allowing them reasonable time to act
on Customer’s notification. Customer
understands that if corrections are necessary, it may involve an adjustment to
Customer’s account with FLEET ONE. FLEET ONE reserves the right to discontinue accepting payment method at
any time.
9.
Customer must notify FLEET ONE of any disputed
charge(s) within 60 days after the date of the statement on which such
charge(s) appeared. After 60 days, all charges are considered valid and no
adjustments will be made. Notice to FLEET ONE of a disputed charge shall be
given by customer in writing and shall include the following information:
customer's name and account number; the dollar amount of the disputed charge;
the reason customer is disputing the charge; and a copy of the statement on
which the disputed charge appears. Notices should be mailed to the following
address: MSC 30425, Fleet One LLC, P.O. Box 415000 Nashville, TN 37241-5000.
10.
Customers and guarantors shall be responsible for
any unauthorized uses of a lost or stolen Card which occur prior to Customer's
notification to FLEET ONE of such loss or theft. Customer and guarantors each
agree that they shall notify FLEET ONE no later than the earlier of (i) forty
eight (48) hours following receipt of a FLEET ONE invoice which includes
unauthorized charges or (ii) upon learning of unauthorized use of Cards. Such
notice must include the Card number of each lost or stolen Card as well as the
identification of the person responsible for the loss.
11.
Cards are to be used solely for the conduct of
customer's business by the employees of customer. It shall be customer's
responsibility to ensure that its employees use the Card in compliance with
customer's business policies, and these Terms and Conditions. Any dispute in
this regard shall be resolved between customer and its employees. Customer
shall still be responsible to FLEET ONE for payment of all such charges.
12.
Customer certifies that everyone using a Card
issued in the name of customer will be taught all safety regulations to ensure
safe operation of all fueling sites.
13.
Customer warrants that it is a governmental body or
a licensed commercial enterprise, and that the system shall be used only by the
commercial enterprise or governmental body in its business, and the fuel
obtained will not be made available for personal use.
14.
FLEET ONE maintains the absolute right, exercisable
in its sole discretion, to interrupt or terminate use of any and all Cards
issued to customer.
15.
If any portion of this agreement is subsequently
held to be invalid, such determination shall not affect the other provisions of
these Terms and Conditions, which shall remain in full force and effect.
16.
If Customer stores a Card at a merchant
location, making the card an “in station” or “site card”, Customer will
indemnify, defend and hold harmless FLEET ONE for disputed charges and losses.
17. When the Card is used to pay at the pump within the FLEET ONE fueling network, hard controls including product restrictions cannot be guaranteed. However, violations are indicated on the customer's transaction report.
18.
These terms and conditions will be interpreted
applying Tennessee law, without regard to the conflict of laws provisions
thereof.
19.
I
understand and confirm that by providing my signature on the credit
application, on behalf of the company/organization specified, I am authorized
to and hereby consent for the company/organization to receive communications
via telephone, regular mail, fax and email sent by or on behalf of
TransPlatinum Service Corp., Fleet One, L.L.C., any respective affiliate or
partner.