This Agreement (herein called the “Agreement”) covers your use of the Personal Debit Card and Health Savings Account Debit Card, if you have one, issued by Frost Bank. In this Agreement the words “we,” “us,” “our,” and “Bank” refer to Frost Bank. The word “card” refers to the Debit Card bearing your name as cardholder, your card account number, and our name as issuer, which accesses your designated Personal Account(s) (i.e. checking, savings, and/or money market accounts (herein called the “account[s]”) at Bank. You have selected a personal identification number ("PIN") to use with your card. With your card and PIN you will be able to perform certain transactions at our automated teller machines ("ATMs") and other ATMs which are part of the networks in which we participate, and you may use the card for purchases or to secure cash advances at certain locations. Capitalized terms that are not defined in this Agreement shall have the meaning provided in the “Frost Bank Deposit Account Agreement and Other Disclosures” (the “Deposit Account Agreement”). Any person referred to by the words “you,” “your” and “yours” in this Agreement, who retains the card or who uses or permits another to use the card, hereby agrees with Bank as follows:
1. SERVICES AVAILABLE: The services available through use of the card operate through your designated deposit account(s) with Bank and are subject to the agreements and all terms and conditions that otherwise govern the use of such account(s).
ATM BANKING: You may use your card and PIN at ATMs which are a part of the networks in which we participate to make transfers between your account(s), to withdraw cash from your account(s), to make balance inquiries, and to make deposits to your account(s) (at our deposit-taking ATMs only).
PURCHASES OR CASH ADVANCES: You may use your card and PIN to purchase goods and services at any point-of-sale ("POS") terminal bearing the Pulse logo and you may also initiate withdrawals from your account(s) by presenting the Personal Debit Card to a bank, or to merchants or other persons who honor Visa cards, signing, or otherwise authorizing, an appropriate sales draft, and following any other customer procedures established by the bank or such merchant or other person. Some merchants are authorized to accept non-Visa debit card transactions without requiring you to enter your PIN. Because these transactions are not processed through the Visa system, provisions of this Agreement that specifically relate to Visa transactions do not apply. (The terms “presenting the card” or “use of the card”, as used in this Agreement, include presenting or using the number stated on the card, and the terms “sales draft” or “drafts,” as used in this Agreement, mean any sales draft, withdrawal slip or other document or electronic transmission generated in connection with a use or presentation of the card to obtain goods, services, cash or any other thing of value.)
You request and authorize Bank to pay, from your account(s) and to any bank, merchant or other person who presents any sales draft for payment, the amount specified in such draft, and to debit your account(s) for that amount. You further request and authorize Bank to pay from and debit your account(s) for all other amounts if the payment of those amounts is initiated through use of the card. Each payment from your account originated by use of the card may be charged by Bank to your account with the same legal effect as any authorized check drawn on the account, except as otherwise provided herein. Use of the card to originate a withdrawal or authorize a payment shall constitute a simultaneous withdrawal from your account, even though such withdrawal may not be actually posted to your account until a later date. Bank shall not be obligated to authorize withdrawals against deposits that have not been finally posted and settled to your account. Any payment by us, in accordance with this Agreement, shall reduce, by the amount of the payment, our debt to you in connection with your account(s). You also request and authorize Bank to credit your account(s) for the amount of any credit voucher originated in connection with use of the card.
2. RIGHTS AND OBLIGATIONS: This Agreement establishes rights and obligations regarding the use of the card and PIN, and regarding your designated deposit account(s) at Bank in connection with which the card is issued. The term “card,” as used herein, also includes all renewal card(s) issued to you in connection with the account(s). You make this Agreement on your behalf and on behalf of all other persons authorized or entitled to make withdrawals from the account. You warrant that you are entitled or authorized to withdraw from the account any and all amounts therein, and you agree that you will not divulge your PIN to any person nor authorize any person to use the card unless that person is likewise so entitled or authorized. If you permit or authorize another person to use your card, you will be liable for the resulting transactions. If two or more persons are authorized to use the card and/or to sign on the account, each of those persons warrants to Bank that he or she has the authority to bind the other(s) to the terms and conditions of this Agreement, and each of those persons shall be jointly and severally responsible for the performance of the obligations specified herein. Your retention and use of the card, or your permitting another to use the card, or your signing the card or any sales draft in connection with the use thereof, shall be the equivalent of signing this Agreement and the subsequent amendments hereto, and shall constitute your agreement to the terms of this Agreement and any amendments hereto. This Agreement incorporates by reference your current address as shown on the records of Bank. The card shall remain Bank’s property at all times, and you shall immediately deliver it to Bank on demand. If Bank retains an attorney in connection with your breach of any obligations specified herein, you shall pay all legal fees and expenses incurred by Bank and as otherwise set forth in the Deposit Account Agreement.
3. TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS: So long as you have sufficient available funds in your account(s), you may use your card for the purchases/services mentioned below, but not to exceed the daily transaction limits described below. Should you require a higher maximum daily limit for a special circumstance, please contact us. From time to time there may be exceptions to the daily transaction limits due to security procedures or local interchange restrictions. The card or a sales draft may be used to access any overdraft protection you may have for your account(s) (subject to any applicable overdraft protection fees). If we elect to pay any transaction that overdraws your account, you shall immediately, without demand, pay to us the amount of the overdraft and all applicable fees and charges.
At ATM locations which are part of the networks in which we participate you may use your card to withdraw cash from your account(s), transfer funds between your account(s), make balance inquiries and make deposits to your account(s) (deposits can only be made at our deposit-taking ATMs). You may use your card at POS terminals bearing the Pulse logo, and you may use your debit card at Visa merchants to purchase goods and services, and at participating financial institutions to obtain cash advances. So long as you have sufficient funds available, you may use your card for transactions up to the following limits in a single calendar day:
(a) You may withdraw up to $1,000 per card per day at ATM terminals (separate ATM machine withdrawal limits may apply).
(b) You may purchase up to $4,500 per account per day at Visa merchants, POS terminals, and by cash advance.
Savings accounts may be accessed for POS or Visa merchant transactions or for cash advances at participating financial institutions; and money market accounts may also be accessed for these types of transactions. However, please be advised that if you choose to use a savings account or money market account to make such transactions, you may not make more than six (6) withdrawals or transfers from such savings account or money market account to another account or to a third party during any one month period under the provisions of Federal Reserve Regulation D. As set forth in our Deposit Account Agreement, if you exceed these Regulation D withdrawal limitations, your transaction may be refused or reversed by us or your savings account or money market account may be closed/converted by us.
If an ATM is not operational, you may not be able to withdraw cash or transfer money between your accounts. Under certain conditions, such as when our computer is not operational, some transactions may be limited. During scheduled system maintenance or unscheduled downtimes, Frost operated ATMs may go into “Stand-In Mode.” During this maintenance window, you may have limited transaction capabilities. If you conduct a debit card transaction during Stand-In Mode, balance information may not be accurate due to system maintenance. Because of a lack of real-time balance information when in Stand-In Mode, we encourage you to use caution when conducting transactions that may move your account balance into a negative or overdrawn status, which may cause you to incur an associated overdraft fee.
4. CHARGES AND FEES:
A. Card Fees. For information regarding our service charges and fees applicable to your account(s) and the use of your card, see our current fee schedule. By using the card, you agree to pay those fees and charges in effect from time to time. Such charges and fees shall never exceed the maximum amount allowed by applicable law.
B. ATM Fees Charged By Others. If you use an ATM that is not operated by us, you may also be charged a fee by the ATM operator and/or by any automated transfer network used, and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer. You agree to pay such fees.
5. GOVERNING PROCEDURES: The account(s) and its/their use, and use of the card, shall be governed by this Agreement, any other agreements made and signature cards signed with respect thereto, previously or hereafter, by you or any other person authorized to sign on the account(s) (including, but not limited to, the Deposit Account Agreement), and any terms contained on the card. If any provision of this Agreement conflicts with a provision of any such other agreements, the provisions of this Agreement shall control with regard to the use of the card. We may establish whatever procedures and limits we believe are appropriate to enable us to prevent unauthorized use of the card. Those procedures may include the requirement that the person honoring the card obtain approval of the card’s use in certain transactions before we will debit the account and pay that person any funds in connection with those transactions. You shall have no claim or right of action against us for our failure or refusal to approve use of the card if the use is not within the procedures and limits established by us or in accordance with our agreements with you, regardless of whether or not the transaction would overdraw the account. We shall not be liable if any financial institution, merchant or other person does not accept or honor your card (or the number stated on it).
6. TERMINATION: We may, without notice or liability to you and without affecting your liability to us for previous card transactions, revoke or cancel the card and your right to use it and decline to make further charges against your account(s) through use of the card. You acknowledge that the card remains the property of Bank and you agree to surrender the card to us upon request and not transfer it to any third party. If the card is lost or stolen, you agree to notify us immediately, and to fully cooperate with us, including, but not limited to, providing us with all facts and information known by or reasonably available to you regarding such loss or theft. You may notify us as set forth in Section 15 below.
7. STOP PAYMENT: You may not place a stop payment order on any ATM, POS or debit card transaction. If you provided your card number for a recurring transfer you wish to stop, you must contact us by telephone or at the branch and give us the exact card number. We will close the card, and you can replace it upon request.
8. DOCUMENTATION OF TRANSFERS: (a) Terminal Transfers - You can get a receipt at the time you make any transfer to or from your account(s) using your card at any participating ATM, POS terminal or financial institution, unless the transaction is $15 or less, in which case a receipt is not required to be given. Although the receipt may show another type of transaction, and each transfer from your account using the card constitutes a withdrawal from your account. (b) Periodic Statements - You will receive a statement for your account detailing all electronic funds transfers for each monthly statement period in which an electronic fund transfer to or from that account has occurred, and in any case you will receive a statement for that account at least quarterly.
9. FOREIGN CURRENCY TRANSACTIONS: If you use your card to conduct a transaction in a foreign currency, we will charge or credit your account for the U.S. Dollar equivalent of the transaction as transmitted to us. The transaction amount will be converted to U.S. Dollars by the bank or network through which the transaction is processed using an exchange rate that the processor shall determine. The date of conversion may differ from the purchase date and the posting date identified in the monthly statement for your designated account. You agree to pay charges and accept credits for the converted transaction amounts. A fee may be charged for a foreign currency conversion by the bank or network through which the transaction is processed, and you agree to pay such fees. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date. This rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date, plus 1 percent.
10. LAWFUL PURPOSES: You agree to not use or allow your card to be used, in person or through electronic devices (including, without limitation, the Internet or mobile wallets or mobile devices), to purchase any unlawful goods or services or for any unlawful activity (including, without limitation, participation in any gambling activities). We may decline to make any transfer actually known to us to be for an unlawful purpose. You are responsible for determining whether any good, service or activity for which your card is used is lawful. If you use or allow your card to be used for any unlawful purpose, you agree not to make any claim against us with respect thereto. Further, you agree to indemnify and hold us harmless from any and all legal action or liability which may be asserted, directly or indirectly, against us arising out of or resulting from the illegal use of your card.
11. AMENDMENTS: We may amend this Agreement at any time. When a change in terms notice is required by law, we will mail a copy of such notice of amendment to you, at your last known address as shown on our records, at least 21 days prior to the date on which such amendment becomes effective. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain or restore the security of the card, an account, or an electronic fund transfer system, or when notice is not required by applicable law.
12. INDEMNITY: You are responsible to settle directly with the merchant or other business establishment any claim or defense with respect to goods or services purchased with the card. We are not responsible for, and you agree to indemnify and hold us harmless from and with respect to any and all damages or liability resulting from, any misrepresentation by a merchant or other business establishment of quality, price or warranty of goods or services paid for by using the card, or with respect to any discount offered as part of the card program. We do not warrant any discounts related to the card. To the fullest extent allowed by applicable law, you agree to indemnify and hold us harmless from and with respect to any and all claims, damages or liability resulting from: (i) any misrepresentation with respect to or any breach or nonfulfillment by you or anyone you permit to use the card of any of the terms, conditions and provisions of this Agreement; (ii) the misuse of the card by you or anyone you permit to use the card; (iii) the failure to properly use the card in accordance herewith; or (iv) any other act or omission with respect to use of the card and/or PIN by you or anyone you permit to use the card and/or PIN resulting in claims against or damages or liability to Bank; together with all judgements, costs, legal and other reasonable expenses resulting from or incidental to any of the above and as further set forth in the Deposit Account Agreement.
13. GOVERNING LAW: All disputes arising from or related to your account or this Agreement shall be governed by the substantive laws of the State of Texas (without regard to its conflict of laws principles). Frost Bank is located in San Antonio, Texas, and that is where your account was opened and is maintained. Governing Texas law may be supplemented as necessary by federal law. If a portion of this Agreement is held to be invalid or unenforceable for any reason, the remainder hereof shall not be affected thereby.
14. YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS: Tell us AT ONCE if you believe your Frost Bank debit card or similar card, or your Frost Bank User ID, PIN or other device or code which accesses your account has been lost, stolen or otherwise learned or acquired by an unauthorized person, or if you believe that an electronic funds transfer has been made without your permission using information from your check or otherwise. The best way to minimize your loss is to call us immediately. The unauthorized use of your card or PIN could cause you to lose all of your money in your account(s), plus any amount available under your overdraft protection if you do not notify us in a timely manner. Also, if your account statement shows transfers that you did not make, including those made by card, code or other means, tell us at once.
You will have no liability for unauthorized transactions if you notify us within sixty (60) calendar days after the statement showing the transaction has been mailed to you. If you do not tell us within sixty (60) calendar days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) calendar days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a valid reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
For transactions processed through the Visa system (for example, use of your personal debit card when no PIN is used), liability limits differ from those set forth above. For transactions processed through the Visa system, you will have no liability for unauthorized transactions in accordance with the network’s respective policy regarding “zero liability” if you promptly report the unauthorized transactions to us. For Visa transactions, we may impose greater liability, to the extent allowed by law, if we reasonably determine that you were negligent or fraudulent in the handling of your account or your Personal Debit Card. We may reasonably determine that you were negligent or that you failed to exercise reasonable care, for instance, if you do not promptly report one (1) or more unauthorized transactions to us.
15. HOW TO NOTIFY US: The telephone number and relevant address for notification are as follows:
Telephone: (800) 513-7678
In writing: Frost Bank
Telephone Customer Service
P.O. Box 1600, San Antonio, TX 78296
Frost Online Banking users can also report a lost or stolen card online at www.frostbank.com by going to the Frost Online Banking homepage, clicking “Account Services” and under “Card Management” clicking “Report a lost or stolen card.”
16. ERROR RESOLUTION PROCEDURES: In case of errors or questions about your electronic funds transfers, either call or write to us using our contact information as listed above. Call or write as soon as you can if you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) calendar days after we sent you the FIRST statement on which the problem or error appeared. You must provide us with the following information:
1. Tell us your name and account number.
2. Describe the error or the transfer you are unsure about and explain
as clearly as you can why you believe it is an error or why you
need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally or electronically, we may require that you send us your complaint or question in writing within ten (10) Business Days after you initially inform us. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. However, if we need more time, we may take up to forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days of our request, we may not credit your account.
For errors involving a transfer to or from an account within thirty (30) calendar days after the first deposit to that account (herein referred to as a “New Account”), or for errors involving POS or foreign-initiated transactions, we may take up to ninety (90) calendar days to investigate your complaint or question. For New Accounts, we may take up to twenty (20) Business Days to credit your account for the amount you think is in error.
If a notice of error involves unauthorized use of your card for a transaction processed through the Visa system (for example, use of your Personal Debit Card when no PIN is used) we will provide provisional credit within five (5) Business Days after you notify us instead of within the usual ten (10) or twenty (20) Business Days. We may in our sole discretion withhold providing this accelerated provisional credit, to the extent allowed under applicable law, if we believe that the circumstances or account history warrants the delay.
We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
17. BUSINESS DAYS: For purposes of these electronic banking disclosures, and for this Agreement in general, our “Business Days” are Monday through Friday, excluding federal holidays.
18. CONFIDENTIALITY: We will disclose information to third parties or our affiliates about your account(s) or transfers you make:
• Where it is necessary for completing transfers
• In order to verify the existence and condition of your account(s) for a
third party, such as a credit bureau or merchant
• In order to comply with government agency or court orders, or other
• If you give us your written permission
• In accordance with our privacy statement as set forth in our Customer
19. FINANCIAL INSTITUTION'S LIABILITY FOR FAILURE TO MAKE TRANSFERS: If we do not complete a transfer to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages up to the amount of the transfer. We are not liable to you for any special, incidental, exemplary, punitive or consequential losses or damages of any kind. However, there are some exceptions to our liability. We will not be liable, for instance:
• If, through no fault of ours, you do not have enough money in your
account to make the transfer.
• If the transfer would go over the credit limit on any overdraft line
associated with your account.
• If the ATM where you are making the transfer does not have enough
• If the ATM, terminal or system was not working properly and you knew
about the breakdown when you started the transfer.
• If circumstances beyond our control (such as power outages, equipment
failures, fire or flood) prevent the transfer, despite commercially
reasonable precautions that we have taken.
• If the funds are subject to legal process or other encumbrance restricting
• If an account becomes dormant (in which case we may terminate card
or code access to that account).
• If your card or code has been revoked due to inactivity or at our
There may be other exceptions, in addition to those listed above, stated in any other of our agreements with you, or as permitted by law.
20. INFORMATION ABOUT YOU; ACCOUNT UPDATER SERVICES; VISA SECURE: Frost collects and utilizes non-public personally identifiable information (“NPPI”) about you in accordance with the Bank’s annual Customer Privacy Statement and Internet Privacy Disclosure. We participate in account updater services that various payment card networks (such as Visa) offer. When your debit card number or expiration date is updated, or your debit card is closed, we may provide the updated debit card information (including your name, debit card number and expiration date) to merchants who participate in the account updater services with whom you have automatic billing arrangements (such as utilities, insurance companies and health clubs). However, since not all merchants participate in account updater services, you should notify each merchant with whom you have automatic billing arrangements of any updated debit card information to ensure your payments are not interrupted. If you do not want us to provide your debit card updates through account updater services, please call us 24/7 at (800) 513-7678 and allow 60 days for your opt out to take effect. Under the Visa Secure service, Bank provides the mobile phone number and email address that Frost keeps on record for you. When you perform a transaction using your Personal Debit Card with an online merchant that uses Visa Secure, if the transaction is considered high risk and requires further authentication, a one-time pass code (“OTP”) will be sent to either your mobile phone number (via text message) or your email depending on the OTP delivery option you select at the time of the transaction. Once you receive the OTP via your mobile phone or via email, you will then need to enter this OTP to complete your debit card transaction with the merchant. If you want to opt out of the Visa Secure service, please call us 24/7 at (800) 513-7678.
21. HEALTH SAVINGS ACCOUNT DEBIT CARD: The following information refers specifically to the usage of your Health Savings Account Debit Card and is in addition to the other information contained in this Agreement. You are entitled to have debit card issued to you in connection with your Health Savings Account. Your use of the debit card is governed by the terms in this Agreement. This card may be used to make point of sale purchases at most health care provider locations and can also be used to make cash withdrawals from your account. If you withdraw cash from your account, or use the account to make purchases, and cannot prove that such use was for qualifying medical expenses, you may be charged both tax and a penalty by the federal government on the withdrawal. Bank has no obligation to verify, and shall not advise you, as to the eligibility of any expense paid or reimbursed through the Health Savings Account as a qualifying medical expense under the law. Please consult your tax advisor, or refer to IRS publication 969 for a description of the possible tax and penalties for misuse of your Health Savings Account, and publication 502 for a description of what constitutes a qualifying medical expense.
PERSONAL DEBIT CARD AND HEALTH SAVINGS ACCOUNT DEBIT CARD SAFETY GUIDELINES
Your card offers you easy access to your accounts 24-hours a day, 365 days a year. While you’re enjoying the convenience of your Personal and Health Savings Account Debit Card, keep the following safety tips in mind for secure banking transactions:
1. Protect your card just as you would cash, checks or credit cards. Always keep your card in a safe place. Don't allow anyone to use your card.
2. Keep your PIN a secret. To ensure confidentiality, memorize your PIN. Don't write your PIN on your card, its carrier or other papers in your wallet. Never tell anyone your PIN and don't let anyone enter your PIN for you.
3. Never give information to anyone about your card over the telephone or the Internet, unless it is a trusted merchant and you initiated the transaction. No one should know your PIN. The Bank will never call, text message, or email to verify your PIN, so do not reveal your number to anyone claiming to be a bank representative.
4. Minimize time spent at the ATM by having your card ready. When you've completed your transaction, take your money, debit card and receipt, and leave the area. Store your ATM receipts in a secure location or shred them.
5. Inspect an ATM before use for possible tampering or for the presence of an unauthorized attachment that could capture information from your card, such as your PIN. Also, when you’re waiting to use a terminal, allow the customer in front of you to complete his/her transactions before you approach the terminal. You can stand in front of the keyboard, to block the view of anyone behind you, while entering your PIN.
6. If your card has a magnetic strip, protect the magnetic strip on the back of the card. Keep your card in the carrier provided and never store the card with its magnetic strip in direct contact with the strip of another card. If your card has an EMV chip, protect the EMV chip on the front of your card.
7. Check your ATM receipts against your monthly Account statement to guard against fraud. Notify us immediately if you suspect any unauthorized transactions.
8. Always observe the surroundings at an ATM before conducting a transaction. Observe the area before approaching. If you see anything or anyone suspicious, leave the area immediately.
9. When using a drive-up ATM, keep your engine running, the doors locked and your windows up until you approach the terminal. It's also a good idea to keep a distance between cars should you need to leave the area quickly.
10. When using a drive-up ATM at night, keep your headlights on so you will be able to see the area as you drive in. Try to pull your car up as close to the terminal as possible. Keep in mind locations of other ATMs if you're concerned about your safety when using a terminal.
11. Be alert and select a visible, well-lit area when you're handling transactions at night. If an ATM is obstructed or poorly lit, report any problem to the financial institution.
12. If you see suspicious persons or circumstances, do not use the ATM at that time. If you began a transaction, cancel it, take your card, and leave. Come back at another time or use another ATM.
13. Report a lost or stolen card or PIN at once. Your liability may increase the longer the loss or theft goes unreported. If your card or PIN is lost or stolen, please notify us immediately by calling the number in your area or (800) 513-7678. If you use Frost Online Banking, go to your Frost Online Banking homepage, click "Account Services" and select "Report a Lost or Stolen Card" under "Card Management."
14. Freeze and unfreeze a lost debit card. If you lose your debit card, freeze it to help prevent unwanted purchases or withdrawals. If you find your card later, unfreeze it to resume normal activity. You can freeze and unfreeze your card in Frost Online Banking or the Frost App.
15. If anyone follows you after conducting a transaction, go to a crowded, well- lit area and call the police.
16. If a crime was committed, file a report with law enforcement where the crime occurred and obtain a copy or the offense number.
17. When finished using a card online, log out of the website rather than merely closing the web browser.
For your safety, all Frost outside walk-up ATMs are closed between the hours of 10 p.m. and 6 a.m. or 7 p.m. and 7 a.m., seven days a week.
For 24-hour ATM service, please use one of our convenient drive-up ATMs available at most Frost Financial Centers.