Terms & Conditions

How We Will Calculate your Balance: We use a method called “average daily balance” (including new purchases). See your ADA Card Agreement for more details.

How Variable Rates are Determined: If you are granted an Account, your interest rate is variable and is determined by a combination of Prime Rate as listed in the Wall Street Journal (which may vary) added to a margin of 9.4% to 24.4% for non-promotional purchases. Because the Prime Rate may vary, your variable interest rate will go up or down if the Prime Rate changes. If the Prime Rate causes an APR to change, we put the new APR into effect as of the first day of the next billing period for which we calculate the APR. We apply the new APR to any existing balances, subject to any promotional rate that may apply.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the ADA 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, we will obtain your name, address, date of birth, and other information that will allow us to identify you. We may verify this information with you and others. We 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 their 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, fees, and finance charges on all of the cards and accounts issued pursuant to this request or any future requests to add additional cards or accounts, (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 ADA 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.

Individual and Company Liability: You understand that by responding to this offer you agree to be personally responsible, both individually and jointly with the Company, for payment of all balances incurred on all cards and accounts issued pursuant to this application now or whenever such additional accounts may be established in the future. You understand that if you leave the employment of the Company, you will continue to be responsible for the outstanding balances on the accounts. You must notify us immediately to close the accounts and prevent further usage.

STATE NOTICES
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.

ADA Card Agreement

1. Definitions
2. How ADA Card works
3. Making payments
4. Fees and interest
5. Additional Cards
6. When things go wrong
7. Arbitration Provision
8. Other Legal
9. Communications and information sharing
10. ADA Rewards Terms

The ADA Business World Elite Mastercard® (“ADA 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 of majority in your state of residence and that you are a resident of the United States of America. You warrant and affirm that the ADA Card may only be used by the company that applies for, requests and is issued an ADA Card (including, e.g., through the actions of authorized users) for a commercial or other bona fide 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.

1. DEFINITIONS

The following terms have this meaning in this Agreement

• Bank, us, or we – means Hatch Bank, the lender and owner of your ADA Card account.
• You and your – mean the Cardholder and the company.
• Mercantile Financial Technologies – (“Mercantile”) the servicer of your ADA Card and the company you would contact if you needed help with your ADA 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 ADA Card.
• ADA Business World Elite Mastercard – your revolving line of credit with Hatch Bank established pursuant to this Agreement, also referenced as your “Account” or “ADA Card”.
• Billing period – the time period used to bill you for your use of the ADA 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 Annual Percentage Rate on your account divided by 365 to determine a daily rate.
• Purchases subject to Standard Rate – purchases using your ADA Card that are not promotional purchases/rates or otherwise subject to a special financing program. Standard Purchases/Rates are subject to the terms of this agreement including APR, Grace Period, payment, and due dates.
• Purchases subject to Promotional Rate – purchases using your ADA Card subject to different rates and terms than Standard Purchases/Rates such as installments, No Payments No Interest, No Interest. These purchases may have a different APR, Grace Period, specific expiration dates or other terms.

2. HOW THE ADA CARD WORKS

• Any time you use your ADA Card to pay for anything (goods or services) this agreement, including the Arbitration Provision, applies to you. You can use your ADA Card wherever Mastercard is accepted. You authorize Hatch Bank to charge your ADA Card each time you use it to pay.
• AGREEMENT TO PAY: You agree to pay Mercantile for all charges on your ADA 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 ADA 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 about.audiologist.cards for a list of available promotions and terms of each promotion.
  • Foreign Transactions – any time you use your ADA 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 ADA 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 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 and personal credit report. This information may negatively impact your business and personal 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 ADA Card, we will assign you a credit line. This is the maximum amount that you are permitted to charge on your ADA 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 either decline that transaction, approve it as an over the credit line transaction, or 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 ADA 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 document. 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 customer service and requesting a change. We may change your payment due date from time to time, but we will notify you in advance if we do.
  • If you do not use your ADA Card and you do not have a balance, you may 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 Technologies, 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 typically 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 Purchase 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 APR Purchase 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 APR 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 APR Purchase Balance is less than $35 then your Standard APR Purchase 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 Rewards (as defined below) 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 (six) 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 is returned, rejected, or is declined by your bank because you do not have available funds 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 (six) billing periods, your second returned payment fee will be $39.
  • Copy fee – if you request a paper copy of a statement, privacy policy, or other disclosure you will be charged $5 per document. If you request a copy of any other document including a sales receipt, cancelled check, or other document you will be charged $5 per document.
  • 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 (MAPR) 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 promotional 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 promotional 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: We want 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
  • Default is when you:
    • Provide false or misleading information to us;
    • Break or violate any agreement(s) of this contract;
    • Fail to pay the Minimum Payment Due on your Account by the due date;
    • File for bankruptcy or one is started against you, or you become insolvent;
    • 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, 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 us 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 or you suspect your card was lost or stolen?
  • CONTACT US IMMEDIATELY: call 866-830-4496 or the number on the back of your card.
• FRAUD: What will we 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 Card at any time. Some of the reasons we may do this are:
  • Your Balance is over your credit limit, or a transaction would put you over your credit limit;
  • You are in default;
  • A payment is late, or you miss a payment;
  • 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 without cause and declare your entire balance immediately due and payable. 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, 169 Madison 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 so, 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.
    3. You must have not yet 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, 169 Madison Ave #2035, New York, 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 THE ARBITRATION CLAUSE (ATTACHED TO THIS AGREEMENT AS EXHIBIT A) CAREFULLY AS IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW LEGAL CLAIMS YOU BRING AGAINST MERCANTILE FINANCIAL TECHNOLOGIES OR HATCH BANK OR THAT MERCANTILE FINANCIAL TECHNOLOGIES OR HATCH BANK BRING AGAINST YOU ARE RESOLVED. If you have a dispute regarding your ADA World Elite Mastercard, we encourage you to first contact us to try resolving your problem.
• 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.
• 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 (but not the Arbitration Clause) has been accepted by us in the State of California and all extensions of credit are made by us in the State of California. 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 California 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 California and you agree to submit to the personal jurisdiction of the courts located in California 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 may change this Agreement based on economic or market conditions, our business strategies or for any other reason (including reasons unrelated to you or your Account). 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.
• MISCELLANEOUS:
  • 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.
  • Headings - the headings in this Agreement are for reference purposes only and shall not affect the interpretation of this Agreement in any way.
  • Survival - All provisions, promises, and warranties contained in this Agreement, which by their nature or effect are required or intended to be observed, kept, or performed after termination of this Agreement, will survive the expiration or termination of this Agreement and remain binding upon and for the benefit of you and us.
  • 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 (together “us” and “we”) at any time through any channel. For example, the information you provide to us on the Mercantile website, application, 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 Card account. You agree that any such communication is solicited 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 legal@getmercantile.com.

• TEXT MESSAGES: We use text messages as a means of verification when you first sign up for the card, to provide you important disclosures, to verify your identity when you access certain features of your account, change devices and for other reasons as part of servicing your Card Account. You can opt out of receiving text messages but your access to your Account will be significantly limited if you do so. For example, you may not be able to access your Account to pay your bill online or on the mobile app. We may close your Account if you opt out of text messages, but you will still be responsible for paying your balance if you have one. 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 legal@getmercantile.com.

• MONITORING AND RECORDING: You consent to and authorize us and any of our affiliates, agents and marketing associates to monitor, tape or record telephone calls with you, including when you call us or when we call you for quality control, training and other lawful purposes.
• You authorize us to share information about you as permitted by law. This includes information we get from you and others as well as your history and transactions with us. Please see our Privacy Policy for more info at www.getmercantile.com/legal/privacy-policy.

10. ADA REWARDS TERMS‍

‍How to Earn Rewards‍

You may be eligible to earn 1% cash back rewards (“Rewards”) on every purchase made with your ADA Business World Elite Mastercard. 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 fees and interest and gambling, illegal, disputed or fraudulent transactions. If you originally earned Rewards on such transactions, the Rewards will be reversed. For example, disputed transactions may receive Rewards in the billing cycle that the transaction posts to your account, but if you dispute that transaction during the following billing cycle, 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 is associated with the return, credit, or adjustment. You will not earn Rewards if your account is closed or in default.

How We Calculate Rewards‍

Your Rewards will appear on your card dashboard and travel portal as points. We calculate your Rewards by multiplying all qualifying purchases by the percentage (“Rewards Rate”) applicable to your account (including any special reward offers). For example, if your Rewards Rate is 1%, we will multiply all qualifying purchases by 1% (.01) and provide you with the number of points that corresponds to that dollar amount. Dollars and cents will be rounded up to the nearest point. Any Rewards earned will be eligible for redemption following the closing date of the billing cycle in which they were earned.

Special Reward Offers‍

We may offer additional Rewards for setting up weekly payment options. If your payment is reversed for any reason, the associated Rewards will be reversed as well. See AutoPay page on the card dashboard for reward offers per AutoPay 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 about.audiologist.cards.

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 redeemed as a check. See Rewards section on dashboard for additional ways to redeem points. You will always need to pay your entire minimum payment due as shown on your 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.

Rewards Discrepancies‍

If you think there is a discrepancy in the amount of Rewards earned, you must notify us within sixty (60) days of the date of the first statement showing the discrepancy. If you fail to notify us, the statement will be considered accurate, and you will have waived all claims for adjustments. In the event you receive Rewards that you were not entitled to, you agree that you owe us the cash value of such Rewards. We have the right, in our sole discretion, to withhold any subsequent Rewards you earn that correspond(s) in amount to any Rewards you receive in error and collect any such amount you owe. Rewards discrepancies do not constitute billing errors.

Modifications to, or Suspension or Termination, of the Rewards Program‍

Except as set forth herein, we reserve the right to change, suspend, or cancel all or a portion of the Rewards Program (the “Program”), including any unredeemed Rewards, at any time, without prior notice or compensation to you, unless applicable law provides otherwise. These changes may prevent you from earning and/or using the Program, decrease cash back value, or cause you to lose points balances. Your continued use of the card is your acceptance of any modified Rewards Terms. We will, however, give you forty-five (45) days’ notice of the following types of changes to the Program or these Rewards Terms:

1. if we add or increase fees applicable to the Program;
2. if we decrease the rate at which you earn cash back;
3. if we limit the amount of cash back you can earn; or
4. if we suspend or cancel the Program.

We’ll send this notice to you in writing, which, at our option, may be delivered to you electronically at the email address listed in your account, through our online services, mobile app, or on your statement.

You understand and agree that we can make changes at any time to the Program; and the future availability of the Program is not guaranteed. You agree that you are using this account for business purposes only.

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Exhibit A

THIS ARBITRATION CLAUSE (“CLAUSE”) IS IN THE FORM OF QUESTIONS AND ANSWERS TO MAKE IT EASY TO GRASP. THE PARTIES AGREE IT IS LEGALLY BINDING.

Q1. What is an arbitration (or “Arb,” for short)? An alternative to a court case. In an Arb, a neutral third party (“Neutral”) decides claims without a judge or jury. The hearing is private. It is usually less formal and faster than a lawsuit. It can save legal fees. It involves limited pre-hearing fact-finding and limited appeals. Courts rarely reverse Arb awards.

Q2. Can you opt out of this Clause? Yes, within 45 days. If you do not want this Clause to apply, you must send us a signed notice within 45 days after the Effective Date. You must send the notice in writing to us at Mercantile Financial Technologies, 169 Madison Ave #2035, New York, NY 10016 (the “Notice Address”). Give us your name, address and your Account Number. State that you opt out of the Arb Clause.

Q3. What is this Clause about? Your and our agreement to decide certain “Claims” through Arbs. Generally, either you or we may elect to resolve any "Claim" (as defined in Q5) through an Arb.

Q4. Who does this Clause cover? You and us. This Clause governs you and us. But, solely as used in this Clause, the words “we,” “us,” and “our” include: (1) Hatch Bank and OnBoard Partners LLC; (2) their parents, subsidiaries, affiliates, assignees and successors; (3) the employees, directors, officers, shareholders, members and representatives of these companies; and (4) any person or company that you name in a Claim at the same time you pursue a related Claim against Bank.

But, this Clause does not apply if you opt out (see Q2) or if you are a Covered Borrower under the Military Lending Act (the “MLA”) and your Loan is subject to (and not exempt from) the MLA.

Q5. What Claims does this Clause cover? All legal claims (except certain claims about this Clause). This Clause governs all “Claims” between you and us that a court would normally decide. The word “Claims” has the broadest reasonable meaning.

“Claims” includes claims based on contract, statute, ordinance, rule, regulation or constitution. It includes tort claims (including fraud and intentional tort claims).

“Claims” includes claims for money, injunctions or other equitable or declaratory relief. It includes direct claims, counterclaims and crossclaims.

“Claims” includes claims related to the validity of the Agreement as a whole.

But, “Claims” does not include disputes about the validity, coverage or scope of this Clause or any part of this Clause. All such disputes are for a court and not a Neutral to decide. Also, “Claims” does not include claims under the federal Servicemembers Civil Relief Act.

Q6. What must you or we do before starting a lawsuit or Arb? Give a written Claim Notice and try to settle the Claim. Before starting a lawsuit or Arb, the party with a Claim (the “Claimant”) must give the other party (the “Responder”) written notice of the Claim (a “Claim Notice”). The Claim Notice must explain in reasonable detail the nature of the Claim, any supporting facts, the requested relief and how such relief was determined.

If you are the Claimant, you must send the Claim Notice in writing to us at the Notice Address, Attn. Legal. You and any lawyer you have personally hired must physically sign the Claim Notice. You must give your full name, the Account Number and a phone number for you or your lawyer. By signing the Claim Notice, you certify that any facts set forth in the Claim Notice are true and not misleading. By signing the Claim Notice, your lawyer certifies that your lawyer has made a reasonable review of the facts set forth in the Claim Notice and believes them to be true and not misleading.

If we are the Claimant, we may send a Claim Notice to you at any mail or email address we have for you in our records. A notice or letter stating that any amount you owe us is past due will serve as a Claim Notice.

The Claimant and Responder must try to settle the Claim on an individual basis and without filing a lawsuit or Arb for at least 30 days (the “Pre-Filing Period”). During the Pre-Filing Period, at the request of either party, you and we must participate personally in a meeting (a “Meet-and-Confer”) in person, online or by conference call. The Meet-and-Confer will be limited to Claims between you and us. If you have counsel, your counsel must participate in the Meet-and-Confer. But, you will still need to be personally present for the Meet-and-Confer. We may participate through any of our representatives, including in-house or outside counsel.

The Claimant may not start an Arb until the Claimant complies in full with this Q6. This includes: (a) giving a Claim Notice; (b) trying to settle the Claim in good faith; and (c) upon request, participating personally in a Meet-and-Confer on an individual basis.

If we give written notice that you have not complied with this Q6, no company managing the Arb (“Arb Company”) may accept your Arb filing or proceed under this Clause unless you obtain a court order (no longer subject to appeal) that authorizes the filing. If you do not comply with this Q6, you agree that we are entitled to an injunction and/or money damages for our Arb filing fees and our reasonable legal fees and costs to enforce this Q6.

Q7. What happens next? The Claimant may file a lawsuit or an Arb. If the Claimant has complied with Q6 but the parties do not reach an agreement to settle a Claim during the Pre-Filing Period, the Claimant may start a lawsuit or Arb, subject to Q16. To start an Arb, the Claimant must follow the rules of the Arb Company you choose (collectively and as amended and/or supplemented, the “Arb Company Rules”). See Q8.

If the Claimant starts or threatens a lawsuit, the Responder may demand an Arb instead. The Responder may make this demand in court papers. Also, the Responder may make this demand if the Claimant starts a lawsuit on an individual basis and then tries to pursue a class action. Any lawsuit must stop at once if the Responder makes an Arb demand.

Q8. Who manages the Arb? What rules apply? Usually, AAA or NAM will manage an Arb under its rules. The Arb Company will be either:

• The American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org.
• National Arbitration and Mediation (“NAM”), 122 East 42nd Street, Suite 803, New York, NY 10168, National Arbitration and Mediation (namadr.com).
• Any other company picked by agreement of the parties.
• If all the above options are unavailable, an Arb Company picked by a court.

Arbs are conducted under this Clause and the Arb Company Rules in effect at the time the arbitration is commenced.

The Neutral will be chosen under the Arb Company Rules. But, the Neutral must be a retired judge or a lawyer with at least ten years of experience unless you and we otherwise agree.

No Arb brought on a class basis may be managed or conducted without our consent by any Arb Company or Neutral who would permit class Arb under this Clause.

Q9. Can a Claimant bring Claims in court? Sometimes. The Claimant may bring a lawsuit if the Responder does not demand an Arb. Also, some Claims for a public injunction may be brought in court. See Q12. Finally, either party may start or require that a small claims court decide any individual Claim that such court may hear under its rules. The judge hearing such a Claim will be treated as the Neutral under this Clause. The judge’s decision will be treated as an Arb award under this Clause. The small claims court will conduct its hearing under its own rules (and not the Arb Company Rules). But, appeals of a small claims court decision will be governed by this Clause and not the rules that usually govern such appeals.

Q10. Are you giving up any rights? Yes. If you start an Arb or we demand an Arb of a Claim you bring in court, you give up your right to: (a) have a court or jury decide the Claim; (b) bring the Claim as a private attorney general or representative of other parties; or (c) engage in a class action or class Arb. But, see Q12 as to public injunction Claims.

Q11. Can you start a class Arb? No. The Neutral may not decide any Claim on a class or representative basis.

Q12. What happens if part of this Clause is invalid? It depends. You must give us written notice and at least 30 days to cure any problem that might prevent an Arb of a Claim. See Q24.

a. If any part of this Clause is held invalid, generally the rest of this Clause will continue to apply.

b. But, if a court rules that the Neutral can decide a Claim on a class or other representative basis and the ruling becomes final after all appeals, only this Q12b will apply and the remainder of this Clause will be void.

c. And, if you bring a Claim for public injunctive relief and a court enters an order, not subject to further appeal, that the limits on representative Claims are invalid regarding such Claim, such Claim will be decided in court and any individual Claims for monetary relief will be arbitrated. In such case, the parties will ask the court to stay the Claim for public injunctive relief until a court has entered the Arb award as to individual relief.

Q13. In sum, what options do you have to assert Claims against us? Most Claims are subject to an Arb. All Claims subject to this Clause must be decided in: (a) an individual Arb; (b) a lawsuit if the Responder does not demand an Arb; (c) an individual action in small-claims court, with the judge acting as the Neutral; or (d) a lawsuit that solely addresses a Claim for public injunctive relief, as provided in Q12.

Q14. What law applies? The Federal Arb Act (“FAA”). The ADA Card Agreement involve interstate commerce. Thus, the FAA governs this Clause. The Neutral must apply substantive law and comply with the FAA. The Neutral must honor statutes of limitation and privilege rights. As to punitive damages, the Neutral must honor constitutional standards that apply in court.

Q15. Will anything you do make this Clause invalid? No. If you do not opt out and the MLA does not apply, this Clause will stay in force even if you: (1) cancel the Agreement; (2) satisfy all of your duties under the Agreement; (3) default; or (4) become insolvent or bankrupt.

Q16. How must the Neutral limit costs and burdens on the parties? Through a number of actions. To the extent possible, the Neutral must try to limit costs and burdens on the parties. Thus, absent good cause to the contrary, the Neutral must: (a) conduct document-only Arbs, without oral argument or an in-person hearing; (b) allow the parties to introduce any needed testimony through excerpts from recorded depositions of party witnesses or affidavits; (c) conduct any necessary hearing virtually or by conference call; (d) hold any in-person hearing at a place reasonably convenient to you and us; and (e) follow expedited procedures. Absent good cause to the contrary, a Process Neutral shall decide how to apply this Q16.

Q17. What about appeals? Appeals are very limited. Appeal rights under the FAA are very limited. Except for: (a) FAA appeal rights; and (b) Claims involving more than $50,000 (including Claims for an order that could cost more than $50,000), the Neutral’s award will be final and binding. For Claims involving more than $50,000, either party may appeal the award to a three-Neutral panel selected per this Clause. The panel will revisit from the start any part of the initial award either party has appealed. The panel’s decision will be final and binding except for any FAA appeal right. Any appropriate court may enter judgment upon the Neutral’s (or panel’s) award.

Q18. Do Arb awards affect other disputes? Generally not. You and we agree that no Arb award involving you will affect any issues or claims involving any other party. Also, no Arb award in another party’s dispute will affect any Arb involving you.

Q19. Who bears Arb fees? The Arb Company, a Process Neutral or the Neutral in your Arb will decide. The Arb Company, a Process Neutral or the Neutral in your Arb will decide each party’s share of fees and costs for Arbs. But, we will pay all Arb fees and costs required by law and all fees and costs we must pay to enforce this Clause.

Q20. Will we cover your legal fees and costs? Sometimes. If you win an Arb you start, we will pay your reasonable fees and costs for attorneys, experts and witnesses if required by law or the Arb Company Rules or if required to enforce this Clause. Fees we must bear will be decided by the Neutral based on the number of hours worked and standard rates. The Neutral will not limit his or her fee award because your Claim is for a small amount.

Q21. Can the Neutral shift costs from one party to the other? Sometimes. Unless it would conflict with law or make this Clause invalid:

a. A party is entitled to its reasonable fees and costs if the other party brings or defends a Claim for any improper purpose, including to harass the injured party, cause unnecessary delay or increase costs to the injured party.

b. At any time after the Claimant gives a Claim Notice (including before any Arb begins), either party may make a written offer to settle the Claim. If the settlement offer is rejected but the Neutral’s award is no better to the rejecting party, then that party must bear its own legal and Arb fees and costs and pay all reasonable fees and costs and fees (not including attorneys’ fees) incurred by the offering party after the settlement offer.

c. The party who receives a settlement offer may only disclose it to support a claim for relief under Q21b or c.

Q22. Can the parties get a written ruling? Yes. Either party may request a written ruling within 14 days of the Neutral’s decision. Upon such request, the Neutral will explain the ruling in writing.

Q23. Are Arbs confidential? Yes. Except as otherwise provided by law, you and we agree to keep confidential all aspects of each Arb under this Clause, any confidential information produced in the Arb and any Arb award or decision. But, either party may disclose such information to the extent needed to pursue the Arb, to appeal or confirm any award or to get professional services. Any court filing to appeal or confirm an award must be made under seal. At either party’s request, the Neutral shall enter an order protecting confidential information.

Q24. Can you or we change the terms of this Clause? Yes, subject to certain limits. You and we may agree in writing to change any terms of this Clause at any time, before or after a dispute arises. Also, we may waive any rights or amend this Clause at any time without your consent, solely to give you more rights and/or less duties.

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last updated: 2/2025

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