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OFX Card Agreement (Business)

This OFX Card Agreement (Business) contains the terms and conditions that govern your use of the OFX Card (defined below).

“You” and “your” refers to you, the primary, authorized OFX Client that applies for and is approved for an OFX Business Account, and where you add an Additional Cardholder (defined below), it will also apply to them. 

“We,” “us” and “our” refers to USForex Inc. doing business as OFX (“OFX”).  The issuer of the OFX Card is a third-party bank called Cross River Bank.

When you register for the OFX Business Account and then activate, access, or use your OFX Card, any of these actions mean that you have agreed to, received, and read all the documents that make up this OFX Card Agreement.

  • OFX General Terms and Conditions (Business),
  • OFX Subscription Agreement (Business), 
  • Fee Schedule,
  • Privacy Policy,
  • if applicable for your OFX Card:
    • Apple Pay Terms and Conditions,
    • Google Pay Terms and Conditions, and
  • if applicable for your OFX Card:
    • OFX Cashback Terms and Conditions.

You should read this OFX Card Agreement (Business) together with all the agreements that apply to you as an OFX Client. 

Terms that are not defined in this OFX Card Agreement (Business) can be found in the above listed OFX agreements, as applicable.

1. The OFX Card

1.1.   Issuing an OFX Card

When you apply for and are approved for an OFX Card and your OFX Business Account is in good standing, we will issue you an OFX Card. To apply for an OFX Card, you must do this directly in the OFX Business Account platform.

OFX Card means the digital and/or physical card that is linked to your OFX Business Account, and it includes:

  • any renewal or replacement digital and/or physical card,
  • your card number,
  • your expiry date on your card, and
  • the CVV2

Once you are approved, a digital OFX Card is automatically linked to your OFX Business Account and can be accessed using the OFX Business Account platform. You can have more than one OFX Card linked to your OFX Business Account. To learn more, see the Fee Schedule and your Subscription Agreement (Business).

You cannot use the OFX Card after the expiry date. We may issue you a renewal OFX Card when your current OFX Card expires. We may replace your OFX Card if your OFX Card is, or is at risk of being lost, stolen, or discontinued for any reason.

You can request a physical OFX Card, and when you do this, we will send it to the registered address you have on your OFX Business Account or we will send the physical OFX Card to a location you instruct us to send the OFX Card. The physical OFX Card is the property of Cross River Bank. To learn more about the Fee associated with issuing a physical card, see the Fee Schedule and your Subscription Agreement (Business).

Personal Identification Numbers (“PINs”):

  • When we send you a physical OFX Card, we will send you a PIN linked to this physical card. This will allow you to use the OFX Card at a point-of-sale terminal. 
  • Your PIN is generated securely and the recipient of the OFX Card will be the only person to have knowledge of the PIN. 
  • If we send you a PIN document, you must memorize the PIN and then destroy the PIN document.
  • Each cardholder can change their PIN directly in the OFX Business Account.

We may, in our sole discretion, remove an OFX Card or restrict any OFX Card transactions at any time without telling you. To learn more, see section 5: Restricting or closing your OFX Card.

1.2   Additional Cardholders

Additional Cardholder means any authorized User, employee or person who, at the instructions of the Client, is issued an additional OFX Card linked to the Client’s OFX Business Account, and this User, employee or person, has access to, and use of, the OFX Card in accordance with this OFX Card Agreement (Business).

You can instruct us to issue additional OFX Cards to Additional Cardholders directly in the OFX Business Account platform. Once you instruct us to issue an OFX Card to an Additional Cardholder, a digital OFX Card for the Additional Cardholder is automatically linked to your OFX Business Account and can be accessed by the Additional Cardholder using the OFX Business Account platform. OFX Cards issued to Additional Cardholders will count as adding a User to your OFX Business Account. To learn more about the Fee associated with issuing a physical card to an Additional Cardholder, and the Fee associated with adding a User, see the Fee Schedule and your Subscription Agreement (Business).

You are responsible for all OFX Card transactions or charges made, or any fees incurred, by an Additional Cardholder and you must ensure that the Additional Cardholder is familiar with:

  • this OFX Card Agreement (Business), 
  • any related documents that make up this OFX Card Agreement (Business) such as Apple Pay terms and conditions or Google Pay terms and conditions,
  • any card management limitations set in the OFX Business Account that applies to them,
  • the Fees and charges that could be incurred by their use of the OFX Card as set out in the Fee Schedule, and.
  • any other OFX terms and conditions that could apply to their use of the OFX Card

If you intend to limit the use of the OFX Card by an Additional Cardholder, you must do this directly in the OFX Business Account platform. To learn more, see section 2.4: OFX Card management. We will not honor any arrangements that you make directly with an Additional Cardholder.

If you want to remove an Additional Cardholder from your OFX Business Account, lock, unlock or cancel an Additional Cardholder’s OFX Card, you can do this directly by managing the Additional Cardholder’s OFX Card in the OFX Business Account platform. 

When you cancel an Additional Cardholder’s OFX Card, you must ensure that the Additional Cardholder destroys any issued physical card and ensure that any digital device hosting the OFX Card is terminated.

We may, in our sole discretion, remove an Additional Cardholder or restrict any Additional Cardholder’s OFX Card transactions at any time without telling you. To learn more, see section 5: Restricting or closing your OFX Card.

2.       Using your OFX Card

2.1.   Responsibility for the use your OFX Card

You are responsible for and liable for all OFX Card transactions, charges or any fees incurred by an OFX Card linked to your OFX Business Account, and this includes any transaction, charges or fees incurred by an OFX Card issued to an Additional Cardholder. To learn more about your responsibilities for Additional Cardholders, see section 1.2 Additional Cardholders.

2.2.   Available transaction amounts

Your available OFX Card transaction amount is the total amount of cleared and available funds in your OFX Business Account, including any OFX Global Business Account. To learn more about using your OFX Card for multiple currency use, see section 2.3:  Multi-Currency use.

When you make a transaction using your OFX Card, you will decrease the available Balance in your OFX Global Business Account in the equal amount of the transaction.

You are responsible for making sure that the total transaction amount charged to your OFX Card is never more than your OFX Global Business Account Balance. You can see your displayed available OFX Global Business Account Balance directly in the OFX Business Account platform.

Where you do not have sufficient funds in your OFX Global Business Account, we will decline the transaction. We may also decline the transaction even if you have sufficient funds in your OFX Global Business Account for reasons set out in section 5: Restricting or closing your OFX Card.

Some merchants may place a hold on a portion of the OFX Global Business Account Balance when they temporarily pre-authorize a transaction amount or an estimated transaction amount on the OFX Card before completing a transaction. When they do this, we will reduce your OFX Global Business Account Balance until this pre-authorized amount is adjusted by the merchant. If you have a dispute in relation to a pre-authorization made by a merchant, you must resolve it directly with the merchant. To learn more about disputes with merchants, see section 4.1: Managing a dispute with a merchant.

2.3.   Multi-Currency use

Your OFX Card’s home currency is United States Dollars because your OFX Card is issued in the United States.  We may allow you to designate another home currency that we support. You can use your OFX Card in multiple foreign currencies other than your home currency. 

You can add funds to a foreign currency OFX Global Business Account by Currency Conversion in advance of using your OFX Card in that foreign currency.  To learn about the OFX Margin used for Currency Conversions to your OFX Global Account, see the Fee Schedule. To learn more about Currency Conversions, see the OFX General Terms and Conditions (Business).

Where you do not pre-fund (or cannot pre-fund) an OFX Global Business Account before using your OFX Card for a foreign currency transaction, and subject to your OFX Global Business Account having sufficient home currency funds, we will complete an Automatic Conversion of your home currency to the currency of the transaction in the OFX Global Business Account. We will display the exchange rate used for the Automatic Conversion in your OFX Global Business Account. To learn more about the OFX Margin used for Automatic Conversions, see the Fee Schedule.  To learn more about Automatic Conversion, see the OFX General Terms and Conditions (Business).

You may be given an option at the point of sale with a merchant  to process the transaction (i) in the same currency as the merchant, or, (ii) as a foreign exchange transaction using your home currency. Your selection at the point-of-sale will instruct us on how you want us to process your OFX Card transaction. We cannot change how we process your transaction after your selection at the point-of-sale.

(i) How we process the transaction using your OFX Card in the same currency as the merchant at the point-of-sale:

A. When you have a matching currency OFX Global Business Account with sufficient funds:

If you have an existing currency account in your OFX Global Business Account that matches the merchant’s currency, and you have sufficient funds in that account for the transaction, we will:

  •  process the transaction in the same currency as the merchant, and
  • · your OFX Global Business Account Balance that matches the merchant’s currency will be reduced by the total transaction amount.

Example:
If you are paying a merchant in the US and the payment is in CAD, the payment will be made from your CAD Balance in your CAD OFX Global Business Account where you have sufficient funds to cover the total transaction amount.  The transaction will be processed in the same currency as the merchant.

B. When you have a matching currency OFX Global Business Account but insufficient funds in that currency account, and you have sufficient home currency funds:

If you have an existing currency account in your OFX Global Business Account that matches the merchant’s currency, but you do not have enough funds in that currency account for the total transaction amount, however, you have sufficient home currency funds in your OFX Global Business Account for the total transaction amount, the following steps will happen automatically:

  • Step 1: We will check if you have sufficient home currency funds in your OFX Global Business Account Balance. If your home currency Balance is sufficient to cover the total transaction amount when converted to the merchant’s currency by Automatic Conversion, we will proceed.
  • Step 2: If you have sufficient home currency funds Balance, we will convert the total transaction amount from your home currency to the merchant’s currency by Automatic Conversion and add the converted funds to your OFX Global Business Account that matches the merchant’s currency. We will then process the transaction in the merchant’s currency.
  • Step 3: Your OFX Global Business Account Balance will be reduced by the total transaction amount.

Example:
If you are paying a merchant in CAD, and you have insufficient funds in your CAD OFX Global Business Account, and you have sufficient funds in your home currency USD OFX Global Business Account, we will convert USD from your USD OFX Global Business Account to your CAD OFX Global Business Account, by Automatic Conversion, to cover the total transaction amount. The transaction will be processed in the same currency as the merchant.

C. When you do not (or cannot) have a matching currency account but sufficient home currency funds:

If you do not (or cannot) have an existing currency account in your OFX Global Business Account that matches the merchant’s currency, but you have sufficient home currency funds in your OFX Global Business Account for the total transaction amount, the following steps will happen automatically:

  • Step 1: We will check if you have sufficient home currency funds in your OFX Global Business Account Balance. If your home currency Balance is sufficient to cover the total transaction amount when converted to the merchant’s currency by Automatic Conversion, we will proceed.
  • Step 2:
    • If you have sufficient home currency funds Balance, and where we can hold the currency, we will create a new OFX Global Business Account for the merchant’s currency and we will convert the total transaction amount from your home currency Balance to the merchant’s currency by Automatic Conversion and add the converted funds to your newly created OFX Global Business Account that matches the merchant’s currency. The transaction will then be processed in the merchant’s currency.
    • If you have sufficient home currency funds Balance, and we cannot hold the currency, we will convert your home currency to the merchant’s currency by Automatic Conversion. The transaction will then be processed in the merchant’s currency.  To learn about which currencies we cannot hold, see the OFX General Terms and Conditions (Business).
  • Step 3: Your OFX Global Business Account Balance will be reduced by the total transaction amount.

Example:
If you are paying a merchant in Canada in CAD, and you have sufficient home currency funds in your OFX Global Business Account, but you do not have a CAD OFX Global Business Account, we will first create a CAD OFX Global Business Account, and then convert USD from your USD OFX Global Business Account to your CAD OFX Global Business Account, by Automatic Conversion to cover the total transaction amount. The transaction will be processed in the same currency as the merchant. If you are paying a merchant in INR, and you have sufficient home currency funds in your OFX Global Business Account, but we cannot hold or create an INR OFX Global Business Account,  we will convert USD from your UDS OFX Global Business Account to INR by Automatic Conversion for the total transaction amount. The transaction will be processed in the same currency as the merchant.

(ii) How We Process transactions using your OFX Card when you choose to pay in your home currency

When you choose to process a transaction in your home currency at the point-of-sale, and the merchant’s currency is different from your home currency, here’s how we process it:

  • We will convert the merchant’s currency to your home currency by Automatic Conversion and process the transaction in your home currency.
  • Your OFX Business Account Balance will be reduced by the total amount of the transaction after we have completed the Automatic Conversion to your home currency.

Example:
If you are paying a merchant in Canada whose currency is CAD, and you choose to process the payment in USD (your home currency), the following will happen:

  • We will convert the CAD transaction amount to USD by Automatic Conversion.
  • Your UDS OFX Global Business Account will be reduced by the transaction amount.

2.4   Card management

You can manage your OFX Card in your OFX Business Account platform. The OFX Card management features include:

Distributing your OFX Global Business Accounts available funds between OFX Cards at any time, 

  • Set restrictions on spend type, geographies, and thresholds on your OFX Cards,
  • Set restrictions, limits or distribute available funds to Additional Cardholders,
  • Lock or unlock OFX Cards, including any Additional Cardholder OFX Card,
  • Track transactions on OFX Cards,
  • Cancel an OFX Card or request a new OFX Card (including requesting a physical OFX Card),
  • Change your PIN, and
  • Other features that we may add from time to time.

The scope of OFX Card management will depend on your OFX Business Account Subscription Plan and these are subject to the Subscription Agreement (Business) and the OFX General Terms and Conditions (Business). We may change or add new features for OFX Card management in the OFX Business Account platform from time to time.

We can also restrict or manage the OFX Card, including limiting transactions. To learn more, see section 5: Restricting or closing your OFX Card.

The payment network (Visa) may offer various programs, products, and services, such as Click to Pay to you or any authorized user. If you or an Additional Cardholder use such programs, additional terms and conditions may apply. 

2.5   Pre-Authorized Payments

You can use your OFX Cards for pre-authorized payments (PAPs).

Cancelling a PAP:

  • You must contact the merchant directly if you cancel a PAP.
  • If you do not cancel the PAP directly with the merchant and the merchant charges your OFX Card for the PAP, you are responsible for the PAP charged to your OFX Business Account and/or the OFX Card linked to the PAP.

Updating your PAPs:

  • You must provide the merchant with up-to-date OFX Card information. This includes if your account number changes after it is renewed or replaced for any reason.
  • If you have a PAP with a merchant and your OFX Card number expires or your OFX Card information changes, we may provide the merchant with any of this information. This option includes using the Visa account updating services.

We are not responsible for any PAP set up on the OFX Card. You must contact the merchant directly if you have any issues with an amount charged (or not charged) to your OFX Card. To learn more, see section 4: Disputes and Complaints.

2.6 Merchants

Some merchants may include a surcharge on top of the transaction amount in connection with the use of your OFX Card. You are liable for all surcharges. The surcharge may be included in the total transaction amount, or it may be charged separately and appear as a separate transaction.

We are not responsible or liable for the condition, suitability or legality of any goods and services you purchase using your OFX Card from a merchant. If a dispute arises in relation to your purchase, you must resolve it directly with the merchant. We are not liable for any losses you may incur arising from your purchase, the goods or services or the acceptance of your OFX Card by the merchant. To learn more, see section 4: Disputes and Complaints.

A merchant may choose to accept or reject your OFX Card, and we are not responsible for these decisions, nor liable for any losses that may be incurred because of these decisions. We are not liable for any errors or omissions made by the merchant or merchant’s acquirer.

3. Card security

3.1.   Protecting your OFX Card

You are responsible for keeping your OFX Card, PIN, any credentials linked to your OFX Business Account, and any computer, mobile device, tablet, or other device that you use with your OFX Card safe. 

This means that you must:

  • keep your PIN and credentials strictly confidential,
  • the physical OFX Card must stay in your possession,
  • never disclose your PIN, credentials, or any other details about your OFX Business Account or OFX Card to anyone, including your friends, family, colleagues, unless you are required to do so by law,
  • take all reasonable steps to make sure no one can find your PIN or credentials,
  • avoid PIN or credentials that are combinations that can easily be guessed by others,
  • make sure that each PIN or credential is unique, and
  • not allow anyone other than yourself to use or access your OFX Card or your OFX Business Account.

You should call us if someone is claiming to be OFX and asks you for your PIN or credentials.

This section does not replace any other agreement you may have with us for the security and management of your accounts or devices used for your OFX Card with OFX.

3.2 Lost or stolen OFX Cards

You must immediately lock your OFX Card or an Additional Cardholder’s OFX Card using the OFX Business Account platform and call us using the contact information in section 8: Contact Us if:

  • your OFX Card or an Additional Cardholder’s OFX Card is lost or stolen, or you suspect it to be lost or stolen, or someone other than yourself has used your OFX Card,
  • your, or an Additional Cardholder’s, PIN or credentials have become known to someone else, or you suspect this has happened,
  • your, or an Additional Cardholder’s, computer, mobile device, tablet, or other device that you use with the OFX Card or your OFX Business Account has been lost, stolen, compromised, misused or you suspect that this has happened,
  •  if you or an Additional Cardholder suspect or know of any Unauthorized Transactions, fraud, misuse, malfunction, or errors related to the OFX Card or your OFX Business Account.

You must immediately change your PIN or credentials or instruct your Additional Cardholder to do the same as soon as you suspect anything in this section has occurred.

We will block the use of the OFX Card once you notify us that your OFX Card has been lost, stolen or that your PIN and/or credentials for your OFX Business Account has been stolen or compromised. 

3.3   Unauthorized Transactions on your OFX Card

An Unauthorized Transaction is a transaction where we complete an investigation and determine that someone other than you or an Additional Cardholder used the OFX Card, that you or any Additional Cardholder did not benefit from the transaction, and you have fully cooperated with our investigation.

You must immediately tell us if you know or suspect any Unauthorized Transactions with your OFX Card or any Additional Cardholder’s OFX Card. Once you do this, we can investigate the transaction. To do this, call us using the information in section 8: Contact Us.

You must lock your OFX Card if you know or suspect any Unauthorized Transactions. Locking your OFX Card will have an immediate effect. You acknowledge and agree that you have control over the locking and unlocking of your OFX Card. We are not liable for any loss or damage incurred by the locking or unlocking of your OFX Card.

Without limiting any terms within the OFX General Terms and Conditions (Business), you will remain liable for any Unauthorized Transactions on your OFX Card where you have contributed to any loss by breaching any clause of this OFX Card Agreement (Business), including but not limited to any delay in notifying us of a lost or stolen OFX Card or any delay in locking your OFX Card in the OFX Business Account platform.

4. Disputes and Complaints

4.1   Managing a dispute with a merchant

First you must contact the merchant. If you have a dispute with a merchant related to a transaction posted to your OFX Card, you must first attempt to settle the problem directly with the merchant.

If you are not able to resolve the dispute with a transaction directly with the merchant, and the transaction has been posted to your OFX Business Account, you can ask us to investigate by:

  • submitting a transaction dispute request online using the OFX Business Account platform,
  • calling us using the information found in Section 8: Contact Us; or
  • any other manner that we may allow from time to time.

Merchant disputes are subject to the payment network rules and regulations. This means that time limits to manage a dispute with a merchant may differ depending on the type of transaction dispute. We recommend that you contact us as soon as possible and no later than 30 days after the transaction first appears in your OFX Business Account.

We may need more information to process your dispute. We may contact you by email, text message, mail, or phone if we need more information. It is important that you contact us promptly if we need more information. If you do not respond promptly, we may decline the dispute. Once you submit a dispute to us, you must keep your OFX Card and OFX Business Account in good standing, and your contact information up to date.

Where your dispute results in a chargeback, or where a merchant performs a transaction reversal, we will:

  • credit your OFX Global Business Account in the currency of the chargeback or transaction reversal, or
  • if we cannot hold the currency and/or there is no OFX Global Business Account available for the currency, we will credit your OFX Global Business Account (home currency) with the chargeback or transaction reversal.

Where applicable for your OFX Card, chargebacks and transaction reversals will reduce or cancel the cashback earned.  To learn more, see your OFX Cashback Terms and Conditions.

4.2   Complaints

We have a complaint policy where you can raise your concern or complaint about your OFX Card. To do this, visit our complaint policy at: www.ofx.com/en-us/legal. You can also contact us using the information in section 8: Contact Us.

5. Restricting or closing your OFX Card

The OFX Card is for business purposes only. 

You cannot use, or allow an Additional Cardholder to use, an OFX Card:

  • for personal use, household use or family use,
  • to withdraw cash from an ATM,
  • to conduct or support any fraudulent, illegal, or improper activities, or
  • to operate in a manner that does not follow what we say in this OFX Card Agreement (Business) or any other applicable agreement with OFX.

We may, at any time and for any reason, restrict transactions on your OFX Card even if you have available funds in your OFX Global Business Account, or we may close your OFX Card. We do not need to tell you in advance. For example, we may do this where:

  • the transaction is or is suspected to be illegal, unauthorized, and/or fraudulent,
  • the OFX Business Account is not in good standing,
  • you have Overdue Fees,
  • the transaction may create an unacceptable risk to us or the payment network,
  • you or any Additional Cardholder act in a manner that is contrary to our policies,
  • you have made a racist, discriminatory, derogatory, or threatening comment towards our employees,
  •  your use of the OFX Card has had no activity for a certain period,
  • your request to issue OFX Cards is vexatious,
  • your use of the OFX Card is for experimental, testing or research purposes or otherwise in a manner for which the OFX Card has not been designed,
  • your use of the OFX Card is a breach of the payment network’s intellectual property or a breach of any third party’s intellectual property, and/or
  • any other reason in our sole discretion acting reasonably.

When any of the above happens:

  • you may lose the benefit of any offer linked to your OFX Card,
  • we may restrict adding Additional Cardholders to your OFX Card,
  • we may restrict access to your OFX Card,
  • we may decline transactions for your OFX Card,
  • we may apply any restrictions that protect our interests in our sole discretion acting reasonably,
  • we may restrict access to your OFX Business Account, including cancelling out any open transactions for Payments,
  • we may, without notice, deduct money from any other account that you have with us to set off against any losses we experience, 
  • we may terminate this OFX Card Agreement (Business), and/or
  • if applicable to your OFX Card, your ability to earn or receive cashback with your OFX Card may be impacted. To learn more, see your OFX Cashback Terms and Conditions.

6. Communications between us

We will communicate with the primary, authorized Client for the OFX Business Account. Depending on the nature of communication, we will communicate using our OFX Business Account platform, by email or by telephone.

We will use the contact information stated in the OFX Business Account. You must keep your contact information up to date. We are not responsible if you do not receive our communication if we send it to the contact information in our records.

We may send communications to Additional Cardholders; however, we are not obligated to communicate information about the OFX Card and OFX Business Account with an Additional Cardholder. You can limit the access rights of Additional Cardholders directly in the OFX Business Account platform.

If you communicate with us using unsecure methods, we are not responsible if your message is altered, lost or someone accesses it without permission or if your message is obstructed.

7. Changes

We may add, change, replace or remove:

  • Fees in the Fee Schedule,
  • features to your OFX Card, and/or
  • any section to this OFX Card Agreement (Business). 

We will notify you when we make a material change or when we are required to do so by law. The notice of change may be given in an email, using the OFX Business Account platform, or posting the notice of change to our website located at www.ofx.com

You will have accepted the change if, after the change is effective:

  •  you use, access, or activate your OFX Card(s),
  • you use or access your OFX Business Account, and/or
  • your OFX Business Account remains open.

 8. Contact Us

How to contact us:

  • if you want a copy of this OFX Card Agreement (Business), you can find it online at:  www.ofx.com/legal
  • if you want to call us: +1 888 966 6888 (Local call), 1-415-449-1375 (International)
  • if you want to email us: business@ofx.com

9. Limits of liability

This section is in addition to the limitation of liability set out in the OFX General Terms and Conditions (Business). We are not liable to you for any loss or damages. In no event are we liable for special, indirect, or consequential damages. This limitation on our liability to direct damages applies even if we have been advised of the possibility that you may suffer other types of loss or damages. 

In addition to the above, in no event are we liable for any losses or damages resulting from the following: 

  • any losses related to your failure to do something, including a failure to meet your obligations under this OFX Card Agreement (Business),
  • delay or inability to access or use the OFX Business Account, the OFX Global Business Account, or for you to access or use your OFX Card,
  • any failure, error, malfunction, misuse, delay, or inaccessibility of any system or service caused by a third-party or other circumstances beyond our control,
  • any other failure, error, or delay by any third party or other circumstances beyond our control,
  • suspension, restriction, cancellation, or closure of the OFX Business Account, an OFX Global Business Account or OFX Card by us, and 
  • the exercise of any of our rights set out in this OFX Card Agreement (Business).

10. Indemnity

You agree to indemnify us (and any member or affiliate of the OFX Group Limited) and hold us harmless from and against all charges, fees, damages, liabilities, costs and expenses (including legal costs) that may be incurred because of a breach of this OFX Card Agreement (Business) by you or an Additional Cardholder.

11. General

11.1 Governing Law and choice of forum: This OFX Card Agreement (Business), and any claims or disputes arising from or related to it—including those related to its negotiation, execution, performance, or breach—shall be governed by the USA Country-Specific Sections set out in the OFX General Terms and Conditions (Business).

11.2 No waiver: If we fail or delay objecting or act when you breach any section of this OFX Card Agreement (Business), all sections of this OFX Card Agreement (Business) remain valid and unchanged. We also reserve our right to act on that breach or any similar breach later. Any action or omission by us does not mean that we have waived or changed this OFX Card Agreement (Business).

11.3 Severance: If a court finds any portion of these OFX Card Agreement (Business) terms invalid or unenforceable, the remainder of the OFX Card Agreement (Business) remains valid.

11.4 Headings: The headings in this OFX Card Agreement (Business) are for reference purposes only. The headings do not affect the meaning or interpretation of this OFX Card Agreement (Business) in any way.

11.5 Assignment: This OFX Card Agreement (Business) is binding upon and benefits:

  • our successors, and
  • anyone we transfer, sell, or assign this OFX Card Agreement (Business) to.

If we transfer, sell, or assign our rights, we may disclose information about you, any issued OFX Cards linked to your OFX Business Account and information about your OFX Business Account to anyone to whom we assign our rights.

11.6    Survival: Upon termination of this OFX Card Agreement (Business), the following sections of this OFX Card Agreement (Business) shall remain in effect: section 2.5 (Pre-Authorized Payments), section 5 (Restrictions or closing your OFX Card), section 9 (Limits on liability), section 10 (Indemnity), section 11.1 (Governing Law) and section 11.6 (Survival).

11.7   E-signature: By expressly confirming your acceptance online or typing your name on any form we may ask you to sign, you agree that your electronic signature is your consent to be bound by this OFX Card Agreement (Business). You further agree that we may accept your electronic signature as the legal equivalent of your manual/handwritten signature and that no third-party verification is necessary to validate your signature in any way.