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Agreement Between
Corporate Card Member and
American Express Travel Related Services
Company, Inc.
Welcome to American Express
®
Corporate Card Membership
Read this Agreement thoroughly before you sign or use the enclosed
American Express
®
Corporate Card. By signing, using or accepting
the Corporate Card, you will be agreeing with us to everything
written here. Your use of the Corporate Card will be governed by
this Agreement. If you do not wish to be bound by this Agreement,
cut the Corporate Card in half and return the pieces to us. If you do
sign the Corporate Card, you should not use it before the valid date
or after the expiration date printed on the face of the Corporate
Card.
1) Denitions
As you read this Agreement, remember that the words “you”,
“your” or “Corporate Card Member” mean the person named on
the enclosed Corporate Card. The words “American Express”,
“we”, “our” and “us” refer to American Express Travel Related
Services Company, Inc. The word “Company” means the entity
in whose name the Corporate Card account is opened and whose
name appears, in most instances, on the Corporate Card under
your name. A Card issued to a Corporate Card Member is called a
“Corporate Card”.
2) Use of the Corporate Card
You agree to use the Corporate Card solely for commercial business
purposes and in accordance with Company policy. No other person
is permitted to use this Corporate Card for Charges, identication
or for any other reasons. Spending limits may be placed on your
Corporate Card, either at the request of your Company or at the
discretion of American Express. You agree that you will not resell
or return for a cash refund any goods, tickets or services obtained
with the Corporate Card. Obviously, you may return any item or
ticket to an establishment honoring the Corporate Card for credit
to your account, if that establishment permits such returns. We
reserve the right to deny authorization for any Charge.
3) Annual Fee
The annual fee for the Corporate Green Card is $55 or a lower
amount that may have been agreed between American Express
and the Company and will be billed to your account annually.
Eective March 6, 2020, the annual fee will increase to $75 (or a
lower amount).
4) Corporate Card Charges
All amounts charged to your account, including, without limitation,
purchases, cash advances, any annual Corporate Card fees and
other fees, will be called “Charges” in this Agreement. Charges also
include any purchases in which you have evidenced an intent to
incur a charge, regardless of whether you have signed a charge form.
If you are reimbursed by your Company for Charges, then you are
accountable for any reimbursements and agree to remit such funds
promptly.
5) Charges Made in Foreign Currencies
If you incur a Charge in a foreign currency (“Foreign Currency
Transaction”), you will be purchasing from AE Exposure
Management Ltd. (“AEEML”) an amount of foreign currency
sucient to cover the Foreign Currency Transaction. The Foreign
Currency Transaction will be converted into U. S. dollars on the
date it is processed by Amex or its agents. Unless a particular rate
is required by applicable law, you authorize AEEML to choose a
conversion rate that is acceptable to AEEML for that date. Currently,
the conversion rate that AEEML uses for a Charge in foreign currency
is 2.5% higher than (a) the highest ocial conversion rate published
by a government agency or (b) the highest interbank conversion
rate identied by AEEML from customary banking sources, on the
conversion date or the prior business day, whichever is greater. This
conversion rate may dier from rates in eect on the date of the
Charge. This conversion rate will be payable to Amex and will be
in addition to any yield earned by AEEML or us from the currency
conversion spread. Charges converted by seller(s) of goods and
services (such as airlines) will be billed at the rates such sellers use.
6) Liability
Your Corporate Card account is issued to you by us for the benet
of the Company. If we opened your Corporate Card account on the
basis of “Full Corporate Liability”, then the Company is fully liable
to us for all Charges incurred on your Corporate Card account. If
we opened your Corporate Card account on the basis of “Combined
Liability”, then you, as the Corporate Card Member, and the
Company are jointly and severally liable to us for all Charges billed
to your Corporate Card account, except that the Company shall not
be liable for Charges you incur that are personal in nature or not for
business purposes.
If we make a billing statement available to you, then your Corporate
Card account is issued as “Combined Liability”. If we do not make
a billing statement available to you, your account is issued as “Full
Corporate Liability” and all of your Charges will be billed directly to
the Company. Summaries of charges that indicate they are not to be
paid, by including “For your records only – do not pay” or similar
language, are not billing statements.
This Agreement has no eect on your Company’s expense reporting
policy, procedures or your right to reimbursement or payment
by the Company. Termination of this Agreement does not aect
liability for Charges made prior to termination.
7) Payments
Payment for all Charges is due immediately upon receipt of the
billing statement. You must notify us immediately of any change
in your billing address. All payments must be sent to the payment
address shown on your billing statement and must include the
remittance coupon from your billing statement. You must pay us
in U.S. currency, with a single draft or check drawn on a U.S. bank
and payable in U.S. dollars, or with a single negotiable instrument
payable in U.S. dollars and clearable through the U.S. banking
system, or through an electronic payment method clearable
through the U.S. banking system. Your account number must be
included on or with all payments. If we decide to accept a payment
made in a foreign currency, you authorize us to choose a conversion
rate that is acceptable to us to convert your remittance into U.S.
currency, unless a particular rate is required by law. Payments
conforming to the above requirements that we receive no later than
the hour specied on your billing statement will be credited to your
account as of the day received; payments conforming to the above
requirements that we receive after the hour specied on your billing
statement will be credited to your account as of the following day.
If payment does not conform to the requirements stated above,
crediting may be delayed. If this happens, additional Charges may
be imposed. We may accept late payments, partial payments or any
payments marked as being payment in full or as being settlement of
any dispute without losing any of our rights under this Agreement
or under the law. Our acceptance of any such payments does not
mean we agree to change this Agreement in any way. You agree that
our acceptance of such payments will not operate as an accord and
satisfaction without our prior express written approval.
8) Late Fees
We will provide a billing statement to you or to the Company, as
applicable, at the end of each statement billing period (intervals of
approximately one month). Each billing statement will identify a
“Closing Date” which is the cuto date we determine for including
Charges and payments for that statement billing period. “Next
Closing Date” with respect to any billing statement means the
Closing Date of the billing statement that immediately follows such
billing statement. If Charges on a billing statement remain unpaid,
we may assess a late fee. The amount of the late fee depends on the
length of time your account has remained unpaid and the billing
FDR# 1122575
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address that we have on le for your account. Late fees will accrue
as follows, unless prohibited by applicable state law: (a) if there are
any amounts totaling more than $50.00, in the aggregate, that were
incurred during a statement billing period and that have not been
paid and credited to your account by the Next Closing Date, a late
fee of $39.00 may be charged; (b) if there are any amounts totaling
more than $50.00, in the aggregate, that were incurred during a
statement billing period and that have not been paid and credited
to your account by the following Next Closing Date, a late fee equal
to the greater of $39.00 or 2.99% of all amounts not credited for
at least one statement billing period may be charged; and (c)
payment of the total amount due is not credited to the account by
successive Next Closing Dates, Amex may assess a fee equal to the
greater of $39.00 or 2.99% of all amounts not credited for at least
one statement billing period. For purposes of calculating late fees,
we will disregard amounts owed for any annual Corporate Card fee.
Late fees will not exceed the maximum allowed by law.
9) Problems with Goods and Services
If you have any questions, problems or disputes concerning the
billing statement, you should contact us immediately and we will
take all reasonable and appropriate steps to provide the information
you request or to resolve your dispute. However, unless required
by law, we are not responsible for any problems you have with any
goods or services you charge on the Corporate Card, and, if you
have a dispute with an establishment honoring the Corporate Card,
payment must be made and the dispute settled directly with the
establishment. Without limiting any of the foregoing, if we credit
your account for all or part of any Charge on the Corporate Card,
we automatically succeed to, and you are automatically deemed
to assign and transfer to us, any rights and claims (excluding tort
claims) that you have, had, or may have against any third party
for an amount equal to the amount we credited to your account.
You further agree that without our consent you will not pursue
any claim against or reimbursement from such third party for
the amount that we credited to your account, and that you will
cooperate with us if we decide to pursue the third party for the
amount credited. We will not be responsible if any establishment
refuses to honor the Corporate Card or for any other problems you
may have with such establishment.
10) Corporate Express Cash
You may be able to enroll in the Corporate Express Cash program to
obtain cash at ATM dispensing machines. We will have a separate
agreement with you concerning use of the Corporate Card in
connection with this program.
11) Insurance
If you use the Corporate Card to pay insurance premiums, you give
us permission to pay those premiums for you when due and agree
to pay us in accordance with the terms of this Agreement. You must
tell us in writing if you no longer wish us to pay premiums for you.
If your Corporate Card account is cancelled, we will stop paying
premiums for you.
12) Lost or Stolen Corporate Cards
You agree to notify us immediately if the Corporate Card is lost or
stolen or if you suspect it is being used without your permission.
13) Renewal and Replacement Corporate Cards
Your Corporate Card account will be valid through the expiration
date printed on the face of the Corporate Card. By accepting the
issuance of this Corporate Card, you are requesting us to issue you a
renewal or replacement Corporate Card before the current Corporate
Card expires. We will continue to issue renewal or replacement
Corporate Cards until you or the Company tells us to stop.
14) Changing this Agreement; Assignment
We have the right to change this Agreement at any time. We will
notify you of any changes. We will consider that you have accepted
the changes if you keep or use the Corporate Card after you receive
our notice. If you do not accept the changes, you may terminate
this Agreement by cutting the Corporate Card in half and returning
the parts to us. We may assign this Agreement at any time without
notice.
15) Benets and Services
Subject to applicable law, we reserve the right to add, modify or
delete any benet or service oered with the Corporate Card at
any time without notice to you. Availability of benets is subject to
internal policy of your Company.
16) The Corporate Card Remains Our Property; Cancellation
We can revoke your right to use the Corporate Card at any time with
or without cause, and without giving you notice. We may inform
establishments honoring the Corporate Card that the Corporate
Card issued to you has been revoked or cancelled. If we revoke
the Corporate Card or it expires, you must return it to us upon our
request. Also, if the Company or an establishment that accepts
the Corporate Card asks you to surrender an expired or revoked
Corporate Card, you must do so. You may not use the Corporate
Card after it has expired or after it has been revoked.
17) Credit Information; Telephone Monitoring
You authorize us to make whatever credit inquiries we may deem
appropriate, and obtain and exchange any information we may
receive in the course of such investigation with our aliates. We
may ask credit reporting agencies for reports on your individual
credit history. From time to time we may obtain follow-up
credit reports on you. Upon request, we will tell you whether an
individual report was requested and the name and address of the
agency that furnished it. Your performance under this Agreement
may be reported to credit reporting agencies. If you believe
information we have furnished to a credit reporting agency about
your Corporate Card account is inaccurate, you should write to us
at the following address and identify the specic information you
believe is inaccurate: American Express Credit Bureau Unit, P. O.
Box 7871, Ft. Lauderdale, FL 33329-7871. You agree that we may
monitor telephone calls between you and us to ensure the quality
of the customer service we provide.
18) Information Provided to Aliates
You authorize American Express, its aliates and licensees to
exchange business and consumer credit reports. You may direct us
not to share with our aliates and subsidiaries certain information
(other than transaction or experience information) about you or
your Corporate Card account by writing to us at: American Express,
P.O. Box 981540, El Paso, TX 79998-1540. Please include your
Corporate Card account number.
19) Privacy Act of 1974 Notication
American Express has entered into contracts which enable the
Corporate Card to be accepted at certain Federal Government
agencies and departments (“Agencies”). As with Corporate Card
transactions at commercial establishments, when you choose to
use your Corporate Card at an Agency, certain Charge information
is necessarily collected by American Express. Charge information
from Corporate Card transactions at Agencies may be used for
processing Charges and payments, billing and collections activities
and may be aggregated for reporting, analysis and marketing
activities. Additional “routine uses” of Charge information by
Agencies are published periodically in the Federal Register.
20) Use of Corporate Card Account Information
a) Your Corporate Card is issued to you under your Company’s
Corporate Card Program and is to be used solely for commercial
business expenses and in accordance with Company policy. We use
data about your Corporate Card account to provide reports to your
Company. We may exchange information about you, your Corporate
Card account and Charges on your Corporate Card account
(including details of goods or services purchased) (the “Data”) with
American Express aliates and licensees, including their agents,
processors and suppliers; with your Company or its subsidiaries,
parent and aliated companies, including their agents and
processors; with any party authorized by you; with companies who
distribute the Corporate Card, with any other party whose name or
logo appears on the Corporate Card; and with merchants (“Service
Establishments”) used by you, in order to administer and service
your Corporate Card account, process and collect Charges on it and
manage any benets, insurance, travel or other corporate programs
in which you or your Company is enrolled. Where you purchase
goods and/or services on behalf of a third party, you must obtain
that third party’s consent to the disclosure of his or her information
to us for these purposes. In addition, Data created as the result of
your use of the Corporate Card at certain Service Establishments,
including hotel and car rental locations (collectively, “Rental
Locations”), may be used by your Company, the Rental Location,
and/or American Express to enable your Company to eectively
manage its business expense policy. Your use of the Corporate Card
at any such Rental Location shall constitute your consent to the use
of your Data as described in this paragraph.
b) If you have arranged for certain merchants to store your
Corporate Card number and expiration date (so that, for example:
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the merchant may charge your account at regular intervals; or you
may make charges using that stored Card information), we may,
but are not required to, tell these merchants if your expiration
date or Card number changes or if your account is cancelled. You
must notify these merchants directly if you would like them to stop
charging your Corporate Card.
21) Mailing Lists
We may use information you have provided to us on your initial
application and in surveys, information from how you use the
Corporate Card and information from external sources, including
consumer reports, for marketing activities (including mailing lists)
by us and other American Express companies. We may also use
information derived from how you use the Corporate Card and
non-credit information available from public sources to develop
mailing lists which are used to develop oers you may receive from
American Express in conjunction with our partners and service
providers. If at any time you wish to have your name and address
removed from such lists, please call 1-800-297-8378.
22) Governing Law
This Agreement is governed by the laws of the State of New York
(without regard to internal principles of conicts of law) and by
applicable federal law.
23) Fees for Suspended or Cancelled Corporate Cards
If your Corporate Card becomes 90 days past due and your charge
privileges are suspended, we will charge a $25 administrative
suspense fee, subject to applicable law. If we cancel your right to
use your Corporate Card due to non-payment, we will charge a $25
reinstatement fee to process requests to reinstate your cancelled
Corporate Card, subject to applicable law. We reserve the right,
upon notice, to change these fees and/or charge additional fees in
connection with reinstatement, cancellation or suspension of your
Corporate Card.
24) Electronic Notices
Billing statements, notices (which include changes to this
Agreement), disclosures, additional copies of this Agreement,
if requested, and other communications (together called
“Communications”) may be sent to you electronically or made
available online. You must maintain a valid billing address and
phone number in our records for your account. You also agree that,
where permitted by law, we may send Communications to your
Company or your Company’s designated representative concerning
accounts that are billed to and paid by your Company, in which case
Communications to your Company or your Company’s designated
representative about such accounts, your Card, or this Agreement
will be deemed to be a Communication from us to you.
25) CLAIMS RESOLUTION
Most customer concerns can be resolved by calling our Customer
Service Department at the number listed on the back of your Card.
In the event Customer Service is unable to resolve a complaint
to your satisfaction, this section explains how claims can be
resolved through mediation, arbitration or litigation. It includes an
arbitration provision.
For this section, you and us includes any corporate parents,
subsidiaries, aliates or related persons or entities. Claim means
any current or future claim, dispute or controversy relating to your
Account(s), this Agreement, or any agreement or relationship you
have or had with us, except for the validity, enforceability or scope
of the Arbitration provision. Claim includes but is not limited to: (1)
initial claims, counterclaims, crossclaims and third-party claims;
(2) claims based upon contract, tort, fraud, statute, regulation,
common law and equity; (3) claims by or against any third party
using or providing any product, service or benet in connection
with any account; and (4) claims that arise from or relate to (a) any
account created under any of the agreements, or any balances on
any such account, (b) advertisements, promotions or statements
related to any accounts, goods or services nanced under any
accounts or terms of nancing, (c) benets and services related to
Card Membership (including fee-based or free benet programs,
enrollment services and rewards programs) and (d) your application
for any account. You may not sell, assign or transfer a claim.
Sending a Claim Notice
Before beginning a lawsuit, mediation or arbitration, you
and we agree to send a written notice (a claim notice) to each
party against whom a claim is asserted, in order to provide an
opportunity to resolve the claim informally or through mediation.
Go to americanexpress.com/claim for a sample claim notice.
The claim notice must describe the claim and state the specic
relief demanded. Notice to you may be provided by your billing
statement or sent to your billing address. Notice to us must
include your name, address and account number and be sent to
American Express ADR c/o CT Corporation System, 111 8th Ave.,
NY, NY 10011. If the claim proceeds to arbitration, the amount of
any relief demanded in a claim notice will not be disclosed to the
arbitrator until after the arbitrator rules.
Mediation
In mediation, a neutral mediator helps parties resolve a claim.
The mediator does not decide the claim but helps parties reach
agreement. Before beginning mediation, you or we must rst send
a claim notice. Within 30 days after sending or receiving a claim
notice, you or we may submit the claim to JAMS (1-800-352-5267,
jamsadr.com) or the American Arbitration Association (“AAA”) (1-
800-778-7879, adr.org) for mediation. We will pay the fees of the
mediator.
All mediation-related communications are condential,
inadmissible in court and not subject to discovery. All applicable
statutes of limitations will be tolled until termination of the
mediation. Either you or we may terminate the mediation at any
time. The submission or failure to submit a claim to mediation will
not aect your or our right to elect arbitration.
Arbitration
You or we may elect to resolve any claim by individual arbitration.
Claims are decided by a neutral arbitrator.
If arbitration is chosen by any party, neither you nor we will have
the right to litigate that claim in court or have a jury trial on that
claim. Further, you and we will not have the right to participate in
a representative capacity or as a member of any class pertaining to
any claim subject to arbitration. Arbitration procedures are generally
simpler than the rules that apply in court, and discovery is more
limited. The arbitrator’s decisions are as enforceable as any court
order and are subject to very limited review by a court. Except as set
forth below, the arbitrator’s decision will be nal and binding. Other
rights you or we would have in court may also not be available in
arbitration.
Initiating Arbitration
Before beginning arbitration, you or we must rst send a claim
notice. Claims will be referred to either JAMS or AAA, as selected
by the party electing arbitration. Claims will be resolved pursuant
to this Arbitration provision and the selected organization’s
rules in eect when the claim is led, except where those rules
conict with this Agreement. If we choose the organization, you
may select the other within 30 days after receiving notice of our
selection. Contact JAMS or AAA to begin an arbitration or for other
information. Claims also may be referred to another arbitration
organization if you and we agree in writing or to an arbitrator
appointed pursuant to section 5 of the Federal Arbitration Act,
9 U.S.C. §§ 1-16 (FAA).
We will not elect arbitration for any claim you le in small claims
court, so long as the claim is individual and pending only in that
court. You or we may otherwise elect to arbitrate any claim at any
time unless it has been led in court and trial has begun or nal
judgment has been entered. Either you or we may delay enforcing
or not exercise rights under this Arbitration provision, including
the right to arbitrate a claim, without waiving the right to exercise
or enforce those rights.
Limitations on Arbitration
If either party elects to resolve a claim by arbitration, that claim
will be arbitrated on an individual basis. There will be no right or
authority for any claims to be arbitrated on a class action basis or
on bases involving claims brought in a purported representative
capacity on behalf of the general public, other Card Members or
other persons similarly situated.
The arbitrator’s authority is limited to claims between you and us
alone. Claims may not be joined or consolidated unless you and we
agree in writing. An arbitration award and any judgment conrming
it will apply only to the specic case and cannot be used in any
other case except to enforce the award. Notwithstanding any other
provision and without waiving the right to appeal such decision, if
any portion of these Limitations on Arbitration is deemed invalid
or unenforceable, then the entire Arbitration provision (other than
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this sentence) will not apply.
Arbitration Procedures
This Arbitration provision is governed by the FAA. The arbitrator
will apply applicable substantive law, statutes of limitations and
privileges. The arbitrator will not apply any federal or state rules
of civil procedure or evidence in matters relating to evidence or
discovery. Subject to the Limitations on Arbitration, the arbitrator
may otherwise award any relief available in court. The arbitration
will be condential, but you may notify any government authority
of your claim.
If your claim is for $10,000 or less, you may choose whether the
arbitration will be conducted solely on the basis of documents,
through a telephonic hearing, or by an in-person hearing. At
any party’s request, the arbitrator will provide a brief written
explanation of the award. The arbitrator’s award will be nal
and binding, except for any right of appeal provided by the FAA;
however, any party will have 30 days to appeal the award by
notifying the arbitration organization and all parties in writing. The
organization will appoint a three-arbitrator panel to decide anew,
by majority vote based on written submissions, any aspect of the
decision objected to. Judgment upon any award may be entered in
any court having jurisdiction. At your election, arbitration hearings
will take place in the federal judicial district of your residence.
Arbitration Fees and Costs
You will be responsible for paying your share of any arbitration fees
(including ling, administrative, hearing or other fees), but only up
to the amount of the ling fees you would have incurred if you had
brought a claim in court. We will be responsible for any additional
arbitration fees. At your written request, we will consider in good
faith making a temporary advance of your share of any arbitration
fees, or paying for the reasonable fees of an expert appointed by
the arbitrator for good cause.
Additional Arbitration Awards
If the arbitrator rules in your favor for an amount greater than any
nal oer we made before arbitration, the arbitrator’s award will
include: (1) any money to which you are entitled, but in no case
less than $5,000; and (2) any reasonable attorneys’ fees, costs and
expert and other witness fees.
Continuation
This section will survive termination of your account, voluntary
payment of your account balance, any legal proceeding to collect a
debt, any bankruptcy and any sale of your account (in the case of a
sale, its terms will apply to the buyer of your account). If any portion
of this Claims Resolution section, except as otherwise provided
in the Limitations on Arbitration subsection, is deemed invalid or
unenforceable, it will not invalidate the remaining portions of this
Claims Resolution section.
26) Communication Authorization
If we need to contact you to service your Corporate Card account or
to collect Charges on it, you authorize us (and our aliates, agents
and contractors, such as debt collection agencies and service
providers) to contact you at any phone number or email address
you (or the program administrator of your Corporate Card account)
provide, from which you contact us, or at which we believe we can
reach you. We may contact you in any way, such as calling, texting,
emailing, sending mobile application push notications or using
any other method of communication permitted by law. We may
contact you using an automated dialer or prerecorded messages.
We may contact you on a mobile, wireless or similar device, even if
you are charged for it.
AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC.
American Express Customer Care
Global Corporate Payments
© 2019 American Express Travel Related Services Company, Inc.
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Agreement Between
Corporate Gold Card Member and
American Express Travel Related Services
Company, Inc.
Welcome to American Express
®
Corporate Gold Card Membership
Read this Agreement thoroughly before you sign or use the
enclosed American Express
®
Corporate Gold Card. By signing, using
or accepting the Corporate Gold Card, you will be agreeing with us
to everything written here. Your use of the Corporate Gold Card will
be governed by this Agreement. If you do not wish to be bound by
this Agreement, cut the Corporate Gold Card in half and return the
pieces to us. If you do sign the Corporate Gold Card, you should not
use it before the valid date or after the expiration date printed on
the face of the Corporate Gold Card.
1) Denitions
As you read this Agreement, remember that the words “you”,
“your” or “Corporate Gold Card Member” mean the person
named on the enclosed Corporate Gold Card. The words
“American Express”, “we”, “our” and “us” refer to American Express
Travel Related Services Company, Inc. The word “Company”
means the entity in whose name the Corporate Gold Card account
is opened and whose name appears, in most instances, on the
Corporate Gold Card under your name. A Card issued to a Corporate
Gold Card Member is called a “Corporate Gold Card”.
2) Use of the Corporate Gold Card
You agree to use the Corporate Card solely for commercial business
purposes and in accordance with Company policy. No other person
is permitted to use this Corporate Card for Charges, identication
or for any other reasons. If you voluntarily relinquish physical
possession of the Corporate Card to another person, you will be
liable for all Charges incurred by that person to the extent allowable
by applicable law. Spending limits may be placed on your Corporate
Card, either at the request of your Company or at the discretion
of American Express. You agree that you will not resell or return
for a cash refund any goods, tickets or services obtained with the
Corporate Card. Obviously, you may return any item or ticket to
an establishment honoring the Corporate Card for credit to your
account, if that establishment permits such returns. We reserve the
right to deny authorization for any Charge.
3) Annual Fee
The annual fee for the Corporate Gold Card is $125 and will be billed
to your account annually. Eective March 6, 2020, the annual fee
will increase to $250.
4) Corporate Gold Card Charges
All amounts charged to your account, including, without limitation,
purchases, cash advances, any annual Corporate Gold Card fees
and other fees, will be called “Charges” in this Agreement. Charges
also include any purchases in which you have evidenced an intent
to incur a charge, regardless of whether you have signed a charge
form. If you are reimbursed by your Company for Charges, then you
are accountable for any reimbursements and agree to remit such
funds promptly.
5) Charges Made in Foreign Currencies
If you incur a Charge in a foreign currency (“Foreign Currency
Transaction”), you will be purchasing from AE Exposure
Management Ltd. (“AEEML”) an amount of foreign currency
sucient to cover the Foreign Currency Transaction. The Foreign
Currency Transaction will be converted into U. S. dollars on the
date it is processed by Amex or its agents. Unless a particular rate
is required by applicable law, you authorize AEEML to choose a
conversion rate that is acceptable to AEEML for that date. Currently,
the conversion rate that AEEML uses for a Charge in foreign currency
is 2.5% higher than (a) the highest ocial conversion rate published
by a government agency or (b) the highest interbank conversion
rate identied by AEEML from customary banking sources, on the
conversion date or the prior business day, whichever is greater. This
conversion rate may dier from rates in eect on the date of the
Charge. This conversion rate will be payable to Amex and will be
in addition to any yield earned by AEEML or us from the currency
conversion spread. Charges converted by seller(s) of goods and
services (such as airlines) will be billed at the rates such sellers use.
6) Liability
Your Corporate Card account is issued to you by us for the benet
of the Company. If we opened your Corporate Card account on the
basis of “Full Corporate Liability”, then the Company is fully liable
to us for all Charges incurred on your Corporate Card account. If
we opened your Corporate Card account on the basis of “Combined
Liability”, then you, as the Corporate Card Member, and the
Company are jointly and severally liable to us for all Charges billed
to your Corporate Card account, except that the Company shall not
be liable for Charges you incur that are personal in nature or not for
business purposes.
If we make a billing statement available to you, then your Corporate
Card account is issued as “Combined Liability”. If we do not make
a billing statement available to you, your account is issued as “Full
Corporate Liability” and all of your Charges will be billed directly to
the Company. Summaries of charges that indicate they are not to be
paid, by including “For your records only – do not pay” or similar
language, are not billing statements.
This Agreement has no eect on your Company’s expense reporting
policy, procedures or your right to reimbursement or payment
by the Company. Termination of this Agreement does not aect
liability for Charges made prior to termination.
7) Payments
Payment for all Charges is due immediately upon receipt of the
billing statement. You must notify us immediately of any change
in your billing address. All payments must be sent to the payment
address shown on your billing statement and must include the
remittance coupon from your billing statement. You must pay us
in U.S. currency, with a single draft or check drawn on a U.S. bank
and payable in U.S. dollars, or with a single negotiable instrument
payable in U.S. dollars and clearable through the U.S. banking
system, or through an electronic payment method clearable
through the U.S. banking system. Your account number must be
included on or with all payments. If we decide to accept a payment
made in a foreign currency, you authorize us to choose a conversion
rate that is acceptable to us to convert your remittance into U.S.
currency, unless a particular rate is required by law. Payments
conforming to the above requirements that we receive no later than
the hour specied on your billing statement will be credited to your
account as of the day received; payments conforming to the above
requirements that we receive after the hour specied on your billing
statement will be credited to your account as of the following day.
If payment does not conform to the requirements stated above,
crediting may be delayed. If this happens, additional Charges may
be imposed. We may accept late payments, partial payments or any
payments marked as being payment in full or as being settlement of
any dispute without losing any of our rights under this Agreement
or under the law. Our acceptance of any such payments does not
mean we agree to change this Agreement in any way. You agree that
our acceptance of such payments will not operate as an accord and
satisfaction without our prior express written approval.
8) Late Fees
We will provide a billing statement to you or to the Company, as
applicable, at the end of each statement billing period (intervals of
approximately one month). Each billing statement will identify a
“Closing Date” which is the cuto date we determine for including
Charges and payments for that statement billing period. “Next
Closing Date” with respect to any billing statement means the
Closing Date of the billing statement that immediately follows such
billing statement. If Charges on a billing statement remain unpaid,
we may assess a late fee. The amount of the late fee depends on the
FDR# 1122574
Page 2 of 4
length of time your account has remained unpaid and the billing
address that we have on le for your account. Late fees will accrue
as follows, unless prohibited by applicable state law: (a) if there are
any amounts totaling more than $50.00, in the aggregate, that were
incurred during a statement billing period and that have not been
paid and credited to your account by the Next Closing Date, a late
fee of $39.00 may be charged; (b) if there are any amounts totaling
more than $50.00, in the aggregate, that were incurred during a
statement billing period and that have not been paid and credited
to your account by the following Next Closing Date, a late fee equal
to the greater of $39.00 or 2.99% of all amounts not credited for
at least one statement billing period may be charged; and (c)
payment of the total amount due is not credited to the account by
successive Next Closing Dates, Amex may assess a fee equal to the
greater of $39.00 or 2.99% of all amounts not credited for at least
one statement billing period. For purposes of calculating late fees,
we will disregard amounts owed for any annual Corporate Card fee.
Late fees will not exceed the maximum allowed by law.
9) Problems with Goods and Services
If you have any questions, problems or disputes concerning the
billing statement, you should contact us immediately and we will
take all reasonable and appropriate steps to provide the information
you request or to resolve your dispute. However, unless required
by law, we are not responsible for any problems you have with any
goods or services you charge on the Corporate Gold Card, and, if
you have a dispute with an establishment honoring the Corporate
Gold Card, payment must be made and the dispute settled directly
with the establishment. Without limiting any of the foregoing, if we
credit your account for all or part of any Charge on the Corporate
Card, we automatically succeed to, and you are automatically
deemed to assign and transfer to us, any rights and claims
(excluding tort claims) that you have, had, or may have against any
third party for an amount equal to the amount we credited to your
account. You further agree that without our consent you will not
pursue any claim against or reimbursement from such third party
for the amount that we credited to your account, and that you will
cooperate with us if we decide to pursue the third party for the
amount credited. We will not be responsible if any establishment
refuses to honor the Corporate Gold Card or for any other problems
you may have with such establishment.
10) Corporate Express Cash
You may be able to enroll in the Corporate Express Cash program to
obtain cash at ATM dispensing machines. We will have a separate
agreement with you concerning use of the Corporate Gold Card in
connection with this program.
11) Insurance
If you use the Corporate Gold Card to pay insurance premiums, you
give us permission to pay those premiums for you when due and
agree to pay us in accordance with the terms of this Agreement. You
must tell us in writing if you no longer wish us to pay premiums for
you. If your Corporate Gold Card account is cancelled, we will stop
paying premiums for you.
12) Lost or Stolen Corporate Gold Cards
You agree to notify us immediately if the Corporate Gold Card is lost
or stolen or if you suspect it is being used without your permission.
13) Renewal and Replacement Corporate Gold Cards
Your Corporate Gold Card account will be valid through the
expiration date printed on the face of the Corporate Gold Card.
By accepting the issuance of this Corporate Gold Card, you are
requesting us to issue you a renewal or replacement Corporate
Gold Card before the current Corporate Gold Card expires. We will
continue to issue renewal or replacement Corporate Gold Cards
until you or the Company tells us to stop.
14) Changing this Agreement; Assignment
We have the right to change this Agreement at any time. We will
notify you of any changes. We will consider that you have accepted
the changes if you keep or use the Corporate Gold Card after you
receive our notice. If you do not accept the changes, you may
terminate this Agreement by cutting the Corporate Gold Card in
half and returning the parts to us. We may assign this Agreement at
any time without notice.
15) Benets and Services
Subject to applicable law, we reserve the right to add, modify or
delete any benet or service oered with the Corporate Gold Card
at any time without notice to you. Availability of benets is subject
to internal policy of your Company.
16) The Corporate Gold Card Remains Our Property; Cancellation
We can revoke your right to use the Corporate Gold Card at any
time with or without cause, and without giving you notice. We may
inform establishments honoring the Corporate Gold Card that the
Corporate Gold Card issued to you has been revoked or cancelled.
If we revoke the Corporate Gold Card or it expires, you must return
it to us upon our request. Also, if the Company or an establishment
that accepts the Corporate Gold Card asks you to surrender an
expired or revoked Corporate Gold Card, you must do so. You may
not use the Corporate Gold Card after it has expired or after it has
been revoked.
17) Credit Information; Telephone Monitoring
You authorize us to make whatever credit inquiries we may deem
appropriate, and obtain and exchange any information we may
receive in the course of such investigation with our aliates. We
may ask credit reporting agencies for reports on your individual
credit history. From time to time we may obtain follow-up
credit reports on you. Upon request, we will tell you whether an
individual report was requested and the name and address of the
agency that furnished it. Your performance under this Agreement
may be reported to credit reporting agencies. If you believe
information we have furnished to a credit reporting agency about
your Corporate Gold Card account is inaccurate, you should write
to us at the following address and identify the specic information
you believe is inaccurate: American Express Credit Bureau Unit,
P. O. Box 7871, Ft. Lauderdale, FL 33329-7871. You agree that we
may monitor telephone calls between you and us to ensure the
quality of the customer service we provide.
18) Information Provided to Aliates
You authorize American Express, its aliates and licensees
to exchange business and consumer credit reports. You may
direct us not to share with our aliates and subsidiaries certain
information (other than transaction or experience information)
about you or your Corporate Gold Card account by writing to us at:
American Express, P.O. Box 981540, El Paso, TX 79998-1540. Please
include your Corporate Gold Card account number.
19) Privacy Act of 1974 Notication
American Express has entered into contracts which enable the
Corporate Gold Card to be accepted at certain Federal Government
agencies and departments (“Agencies”). As with Corporate Gold
Card transactions at commercial establishments, when you choose
to use your Corporate Gold Card at an Agency, certain Charge
information is necessarily collected by American Express. Charge
information from Corporate Gold Card transactions at Agencies
may be used for processing Charges and payments, billing and
collections activities and may be aggregated for reporting, analysis
and marketing activities. Additional “routine uses” of Charge
information by Agencies are published periodically in the Federal
Register.
20) Use of Corporate Gold Card Account Information
a) Your Corporate Gold Card is issued to you under your Company’s
Corporate Gold Card Program and is to be used solely for
commercial business expenses and in accordance with Company
policy. We use data about your Corporate Gold Card account to
provide reports to your Company. We may exchange information
about you, your Corporate Gold Card account and Charges on your
Corporate Gold Card account (including details of goods or services
purchased) (the “Data”) with American Express aliates and
licensees, including their agents, processors and suppliers; with
your Company or its subsidiaries, parent and aliated companies,
including their agents and processors; with any party authorized
by you; with companies who distribute the Corporate Gold Card,
with any other party whose name or logo appears on the Corporate
Gold Card; and with merchants (“Service Establishments”) used by
you, in order to administer and service your Corporate Gold Card
account, process and collect Charges on it and manage any benets,
insurance, travel or other corporate programs in which you or your
Company is enrolled. Where you purchase goods and/or services on
behalf of a third party, you must obtain that third party’s consent
to the disclosure of his or her information to us for these purposes.
In addition, Data created as the result of your use of the Corporate
Gold Card at certain Service Establishments, including hotel and
car rental locations (collectively, “Rental Locations”), may be used
by your Company, the Rental Location, and/or American Express to
enable your Company to eectively manage its business expense
policy. Your use of the Corporate Gold Card at any such Rental
Page 3 of 4
Location shall constitute your consent to the use of your Data as
described in this paragraph.
b) If you have arranged for certain merchants to store your
Corporate Card number and expiration date (so that, for example:
the merchant may charge your account at regular intervals; or you
may make charges using that stored Card information), we may,
but are not required to, tell these merchants if your expiration
date or Card number changes or if your account is cancelled. You
must notify these merchants directly if you would like them to stop
charging your Corporate Card.
21) Mailing Lists
We may use information you have provided to us on your initial
application and in surveys, information from how you use the
Corporate Gold Card and information from external sources,
including consumer reports, for marketing activities (including
mailing lists) by us and other American Express companies. We
may also use information derived from how you use the Corporate
Gold Card and non-credit information available from public sources
to develop mailing lists which are used to develop oers you may
receive from American Express in conjunction with our partners
and service providers. If at any time you wish to have your name
and address removed from such lists, please call 1-800-297-8378.
22) Governing Law
This Agreement is governed by the laws of the State of New York
(without regard to internal principles of conicts of law) and by
applicable federal law.
23) Fees for Suspended or Cancelled Corporate Gold Cards
If your Corporate Gold Card becomes 90 days past due and your
charge privileges are suspended, we will charge a $25 administrative
suspense fee, subject to applicable law. If we cancel your right to use
your Corporate Gold Card due to non-payment, we will charge a $25
reinstatement fee to process requests to reinstate your cancelled
Corporate Gold Card, subject to applicable law. We reserve the
right, upon notice, to change these fees and/or charge additional
fees in connection with reinstatement, cancellation or suspension
of your Corporate Gold Card.
24) Electronic Notices
Billing statements, notices (which include changes to this
Agreement), disclosures, additional copies of this Agreement,
if requested, and other communications (together called
“Communications”) may be sent to you electronically or made
available online. You must maintain a valid billing address and
phone number in our records for your account. You also agree that,
where permitted by law, we may send Communications to your
Company or your Company’s designated representative concerning
accounts that are billed to and paid by your Company, in which case
Communications to your Company or your Company’s designated
representative about such accounts, your Card, or this Agreement
will be deemed to be a Communication from us to you.
25) CLAIMS RESOLUTION
Most customer concerns can be resolved by calling our Customer
Service Department at the number listed on the back of your Card.
In the event Customer Service is unable to resolve a complaint
to your satisfaction, this section explains how claims can be
resolved through mediation, arbitration or litigation. It includes an
arbitration provision.
For this section, you and us includes any corporate parents,
subsidiaries, aliates or related persons or entities. Claim means
any current or future claim, dispute or controversy relating to your
account(s), this Agreement, or any agreement or relationship you
have or had with us, except for the validity, enforceability or scope
of the Arbitration provision. Claim includes but is not limited to: (1)
initial claims, counterclaims, crossclaims and third-party claims;
(2) claims based upon contract, tort, fraud, statute, regulation,
common law and equity; (3) claims by or against any third party
using or providing any product, service or benet in connection
with any account; and (4) claims that arise from or relate to (a) any
account created under any of the agreements, or any balances on
any such account, (b) advertisements, promotions or statements
related to any accounts, goods or services nanced under any
accounts or terms of nancing, (c) benets and services related to
Card Membership (including fee-based or free benet programs,
enrollment services and rewards programs) and (d) your application
for any account. You may not sell, assign or transfer a claim.
Sending a Claim Notice
Before beginning a lawsuit, mediation or arbitration, you and we
agree to send a written notice (a claim notice) to each party against
whom a claim is asserted, in order to provide an opportunity
to resolve the claim informally or through mediation. Go to
americanexpress.com/claim for a sample claim notice. The
claim notice must describe the claim and state the specic relief
demanded. Notice to you may be provided by your billing statement
or sent to your billing address. Notice to us must include your name,
address and account number and be sent to American Express ADR
c/o CT Corporation System, 111 8th Ave., NY, NY 10011. If the claim
proceeds to arbitration, the amount of any relief demanded in a
claim notice will not be disclosed to the arbitrator until after the
arbitrator rules.
Mediation
In mediation, a neutral mediator helps parties resolve a claim.
The mediator does not decide the claim but helps parties reach
agreement. Before beginning mediation, you or we must rst send
a claim notice. Within 30 days after sending or receiving a claim
notice, you or we may submit the claim to JAMS (1-800-352-5267,
jamsadr.com) or the American Arbitration Association (“AAA”) (1-
800-778-7879, adr.org) for mediation. We will pay the fees of the
mediator.
All mediation-related communications are condential,
inadmissible in court and not subject to discovery. All applicable
statutes of limitations will be tolled until termination of the
mediation. Either you or we may terminate the mediation at any
time. The submission or failure to submit a claim to mediation will
not aect your or our right to elect arbitration.
Arbitration
You or we may elect to resolve any claim by individual arbitration.
Claims are decided by a neutral arbitrator.
If arbitration is chosen by any party, neither you nor we will have
the right to litigate that claim in court or have a jury trial on that
claim. Further, you and we will not have the right to participate in
a representative capacity or as a member of any class pertaining
to any claim subject to arbitration. Arbitration procedures are
generally simpler than the rules that apply in court, and discovery
is more limited. The arbitrator’s decisions are as enforceable as
any court order and are subject to very limited review by a court.
Except as set forth below, the arbitrator’s decision will be nal and
binding. Other rights you or we would have in court may also not be
available in arbitration.
Initiating Arbitration
Before beginning arbitration, you or we must rst send a claim
notice. Claims will be referred to either JAMS or AAA, as selected
by the party electing arbitration. Claims will be resolved pursuant
to this Arbitration provision and the selected organization’s
rules in eect when the claim is led, except where those rules
conict with this Agreement. If we choose the organization, you
may select the other within 30 days after receiving notice of our
selection. Contact JAMS or AAA to begin an arbitration or for other
information. Claims also may be referred to another arbitration
organization if you and we agree in writing or to an arbitrator
appointed pursuant to section 5 of the Federal Arbitration Act, 9
U.S.C. §§ 1-16 (FAA).
We will not elect arbitration for any claim you le in small claims
court, so long as the claim is individual and pending only in that
court. You or we may otherwise elect to arbitrate any claim at any
time unless it has been led in court and trial has begun or nal
judgment has been entered. Either you or we may delay enforcing
or not exercise rights under this Arbitration provision, including
the right to arbitrate a claim, without waiving the right to exercise
or enforce those rights.
Limitations on Arbitration
If either party elects to resolve a claim by arbitration, that claim
will be arbitrated on an individual basis. There will be no right or
authority for any claims to be arbitrated on a class action basis or
on bases involving claims brought in a purported representative
capacity on behalf of the general public, other Card Members or
other persons similarly situated.
The arbitrator’s authority is limited to claims between you and us
alone. Claims may not be joined or consolidated unless you and we
agree in writing. An arbitration award and any judgment conrming
Page 4 of 4
it will apply only to the specic case and cannot be used in any
other case except to enforce the award. Notwithstanding any other
provision and without waiving the right to appeal such decision, if
any portion of these Limitations on Arbitration is deemed invalid
or unenforceable, then the entire Arbitration provision (other than
this sentence) will not apply.
Arbitration Procedures
This Arbitration provision is governed by the FAA. The arbitrator
will apply applicable substantive law, statutes of limitations and
privileges. The arbitrator will not apply any federal or state rules
of civil procedure or evidence in matters relating to evidence or
discovery. Subject to the Limitations on Arbitration, the arbitrator
may otherwise award any relief available in court. The arbitration
will be condential, but you may notify any government authority
of your claim.
If your claim is for $10,000 or less, you may choose whether the
arbitration will be conducted solely on the basis of documents,
through a telephonic hearing, or by an in-person hearing. At
any party’s request, the arbitrator will provide a brief written
explanation of the award. The arbitrator’s award will be nal
and binding, except for any right of appeal provided by the FAA;
however, any party will have 30 days to appeal the award by
notifying the arbitration organization and all parties in writing. The
organization will appoint a three-arbitrator panel to decide anew,
by majority vote based on written submissions, any aspect of the
decision objected to. Judgment upon any award may be entered in
any court having jurisdiction. At your election, arbitration hearings
will take place in the federal judicial district of your residence.
Arbitration Fees and Costs
You will be responsible for paying your share of any arbitration fees
(including ling, administrative, hearing or other fees), but only up
to the amount of the ling fees you would have incurred if you had
brought a claim in court. We will be responsible for any additional
arbitration fees. At your written request, we will consider in good
faith making a temporary advance of your share of any arbitration
fees, or paying for the reasonable fees of an expert appointed by
the arbitrator for good cause.
Additional Arbitration Awards
If the arbitrator rules in your favor for an amount greater than any
nal oer we made before arbitration, the arbitrator’s award will
include: (1) any money to which you are entitled, but in no case
less than $5,000; and (2) any reasonable attorneys’ fees, costs and
expert and other witness fees.
Continuation
This section will survive termination of your account, voluntary
payment of your account balance, any legal proceeding to collect a
debt, any bankruptcy and any sale of your account (in the case of a
sale, its terms will apply to the buyer of your account). If any portion
of this Claims Resolution section, except as otherwise provided
in the Limitations on Arbitration subsection, is deemed invalid or
unenforceable, it will not invalidate the remaining portions of this
Claims Resolution section.
26) Communication Authorization
If we need to contact you to service your Corporate Card account or
to collect Charges on it, you authorize us (and our aliates, agents
and contractors, such as debt collection agencies and service
providers) to contact you at any phone number or email address
you (or the program administrator of your Corporate Card account)
provide, from which you contact us, or at which we believe we can
reach you. We may contact you in any way, such as calling, texting,
emailing, sending mobile application push notications or using
any other method of communication permitted by law. We may
contact you using an automated dialer or prerecorded messages.
We may contact you on a mobile, wireless or similar device, even
if
you are charged for it.
AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC.
American Express Customer Care
Global Corporate Payments
© 2019 American Express Travel Related Services Company, Inc.
Page 1 of 4
Agreement Between Corporate
Platinum Card Member and
American Express Travel
Related Services Company, Inc.
Welcome to American Express
®
Corporate Card Membership
Read this Agreement thoroughly before you sign or use the
enclosed Corporate Platinum Card
®
from American Express. By
signing, using or accepting the Corporate Platinum Card, you will
be agreeing with us to everything written here. Your use of the
Corporate Platinum Card will be governed by this Agreement. If
you do not wish to be bound by this Agreement, cut the Corporate
Platinum Card in half and return the pieces to us. If you do sign
the Corporate Platinum Card, you should not use it before the valid
date or after the expiration date printed on the face of the Corporate
Platinum Card.
1) Denitions
As you read this Agreement, remember that the words “you”, “your”
or “Corporate Platinum Card Member” mean the person named on the
enclosed Corporate Platinum Card. The words “American Express”,
“we”, “our” and “us” refer to American Express Travel Related
Services Company, Inc. The word “Company” means the entity in
whose name the Corporate Platinum Card account is opened and
whose name appears, in most instances, on the Corporate Platinum
Card under your name. A “Card” issued to a Corporate Platinum Card
Member is called a Corporate Platinum Card.
2) Use of the Corporate Platinum Card
You agree to use the Corporate Platinum Card solely for commercial
business purposes in accordance with Company policy. No other
person is permitted to use this Corporate Platinum Card for Charges,
identication or for any other reasons. Spending limits may be
placed on your Corporate Platinum Card, either at the request of
your Company or at the discretion of American Express. Should
your Corporate Platinum Card account be subject to spending limits,
you will be notied in writing. You agree that you will not resell
or return for a cash refund any goods, tickets or services obtained
with the Corporate Platinum Card. Obviously, you may return any
item or ticket to an establishment honoring the Corporate Platinum
Card, for credit to your account, if that establishment permits such
returns. We reserve the right to deny authorization for any Charge.
3) Annual Fee
The annual fee for the Corporate Platinum Card is $395 and will be
billed to your account annually. Eective March 6, 2020, the annual
fee will increase to $550.
4) Corporate Platinum Card Charges
All amounts charged to your account, including, without limitation,
purchases, cash advances, any annual Corporate Platinum Card
fees and other fees, will be called “Charges” in this Agreement.
Charges also include any purchases in which you have evidenced
an intent to incur a charge, regardless of whether you have signed
a charge form. If you are reimbursed by your Company for Charges,
then you are accountable for any reimbursements and agree to
remit such funds promptly.
5) Charges Made in Foreign Currencies
If you incur a Charge in a foreign currency (“Foreign Currency
Transaction”), you will be purchasing from AE Exposure
Management Ltd. (“AEEML”) an amount of foreign currency
sucient to cover the Foreign Currency Transaction. The Foreign
Currency Transaction will be converted into U. S. dollars on the
date it is processed by Amex or its agents. Unless a particular rate
is required by applicable law, you authorize AEEML to choose a
conversion rate that is acceptable to AEEML for that date. Currently,
the conversion rate that AEEML uses for a Charge in foreign currency
is 2.5% higher than (a) the highest ocial conversion rate published
by a government agency or (b) the highest interbank conversion
rate identied by AEEML from customary banking sources, on the
conversion date or the prior business day, whichever is greater. This
conversion rate may dier from rates in eect on the date of the
Charge. This conversion rate will be payable to Amex and will be
in addition to any yield earned by AEEML or us from the currency
conversion spread. Charges converted by seller(s) of goods and
services (such as airlines) will be billed at the rates such sellers use.
6) Liability
Your Corporate Card account is issued to you by us for the benet
of the Company. If we opened your Corporate Card account on the
basis of “Full Corporate Liability”, then the Company is fully liable
to us for all Charges incurred on your Corporate Card account. If
we opened your Corporate Card account on the basis of “Combined
Liability”, then you, as the Corporate Card Member, and the
Company are jointly and severally liable to us for all Charges billed
to your Corporate Card account, except that the Company shall not
be liable for Charges you incur that are personal in nature or not for
business purposes.
If we make a billing statement available to you, then your Corporate
Card account is issued as “Combined Liability”. If we do not make
a billing statement available to you, your account is issued as “Full
Corporate Liability” and all of your Charges will be billed directly to
the Company. Summaries of charges that indicate they are not to be
paid, by including “For your records only – do not pay” or similar
language, are not billing statements.
This Agreement has no eect on your Company’s expense reporting
policy, procedures or your right to reimbursement or payment
by the Company. Termination of this Agreement does not aect
liability for Charges made prior to termination.
7) Payments
Payment for all Charges is due immediately upon receipt of the
billing statement. You must notify us immediately of any change
in your billing address. All payments must be sent to the payment
address shown on your billing statement and must include the
remittance coupon from your billing statement. You must pay us
in U.S. currency, with a single draft or check drawn on a U.S. bank
and payable in U.S. dollars, or with a single negotiable instrument
payable in U.S. dollars and clearable through the U.S. banking
system, or through an electronic payment method clearable
through the U.S. banking system. Your account number must be
included on or with all payments. If we decide to accept a payment
made in a foreign currency, you authorize us to choose a conversion
rate that is acceptable to us to convert your remittance into U.S.
currency, unless a particular rate is required by law. Payments
conforming to the above requirements that we receive no later than
the hour specied on your billing statement will be credited to your
account as of the day received; payments conforming to the above
requirements that we receive after the hour specied on your billing
statement will be credited to your account as of the following day.
If payment does not conform to the requirements stated above,
crediting may be delayed. If this happens, additional Charges may
be imposed. We may accept late payments, partial payments or any
payments marked as being payment in full or as being settlement of
any dispute without losing any of our rights under this Agreement
or under the law. Our acceptance of any such payments does not
mean we agree to change this Agreement in any way. You agree that
our acceptance of such payments will not operate as an accord and
satisfaction without our prior express written approval.
8) Late Fees
We will provide a billing statement to you or to the Company, as
applicable, at the end of each statement billing period (intervals of
approximately one month). Each billing statement will identify a
“Closing Date” which is the cuto date we determine for including
Charges and payments for that statement billing period. “Next
Closing Date” with respect to any billing statement means the
Closing Date of the billing statement that immediately follows such
billing statement. If Charges on a billing statement remain unpaid,
we may assess a late fee. The amount of the late fee depends on the
FDR# 1122576
Page 2 of 4
length of time your account has remained unpaid and the billing
address that we have on le for your account. Late fees will accrue
as follows, unless prohibited by applicable state law: (a) if there are
any amounts totaling more than $50.00, in the aggregate, that were
incurred during a statement billing period and that have not been
paid and credited to your account by the Next Closing Date, a late
fee of $39.00 may be charged; (b) if there are any amounts totaling
more than $50.00, in the aggregate, that were incurred during a
statement billing period and that have not been paid and credited
to your account by the following Next Closing Date, a late fee equal
to the greater of $39.00 or 2.99% of all amounts not credited for
at least one statement billing period may be charged; and (c)
payment of the total amount due is not credited to the account by
successive Next Closing Dates, Amex may assess a fee equal to the
greater of $39.00 or 2.99% of all amounts not credited for at least
one statement billing period. For purposes of calculating late fees,
we will disregard amounts owed for any annual Corporate Card fee.
Late fees will not exceed the maximum allowed by law.
9) Problems with Goods and Services
If you have any questions, problems or disputes concerning the
monthly statement, you should contact us immediately and we will
take all reasonable and appropriate steps to provide the information
you request or to resolve your dispute. However, unless required
by law, we are not responsible for any problems you have with any
goods or services you charge on the Corporate Platinum Card, and,
if you have a dispute with an establishment honoring the Corporate
Platinum Card, payment must be made and the dispute settled
directly with the establishment. We will not be responsible if any
establishment refuses to honor the Corporate Platinum Card or
for any other problems you may have with such establishment.
Without limiting any of the foregoing, if we credit your account for
all or part of any Charge on the Corporate Card, we automatically
succeed to, and you are automatically deemed to assign and
transfer to us, any rights and claims (excluding tort claims) that
you have, had, or may have against any third party for an amount
equal to the amount we credited to your account. You further agree
that without our consent you will not pursue any claim against
or reimbursement from such third party for the amount that we
credited to your account, and that you will cooperate with us if we
decide to pursue the third party for the amount credited.
10) Corporate Express Cash
You may be able to enroll in the Corporate Express Cash program to
obtain cash at ATM dispensing machines. We will have a separate
agreement with you concerning use of the Corporate Card in
connection with this program.
11) Insurance
If you use the Corporate Platinum Card to pay insurance premiums,
you give us permission to pay those premiums for you when due
and agree to pay us in accordance with the terms of this Agreement.
You must tell us in writing if you no longer wish us to pay premiums
for you. If your Corporate Platinum Card account is cancelled, we
will stop paying premiums for you.
12) Lost or Stolen Corporate Platinum Cards
You agree to notify us immediately if the Corporate Platinum Card
is lost or stolen or if you suspect it is being used without your
permission.
13) Renewal and Replacement Corporate Platinum Cards
Your Corporate Platinum Card account will be valid through the
expiration date printed on the face of the Corporate Platinum Card.
By accepting the issuance of this Corporate Platinum Card, you
are requesting us to issue you a renewal or replacement Corporate
Platinum Card before the current Corporate Platinum Card expires.
We will continue to issue renewal or replacement Corporate
Platinum Cards until you or the Company tells us to stop.
14) Changing this Agreement; Assignment
We have the right to change this Agreement at any time. We will
notify you of any changes. We will consider that you have accepted
the changes if you keep or use the Corporate Platinum Card after
you receive our notice. If you do not accept the changes, you may
terminate this Agreement by cutting the Corporate Platinum Card
in half and returning the parts to us. We may assign this Agreement
at any time without notice.
15) Benets and Services
Subject to applicable law, we reserve the right to add, modify or
delete any benet or service oered with the Corporate Platinum
Card at any time without notice to you. Availability of benets is
subject to internal policy of your Company.
16) The Corporate Platinum Card Remains Our Property;
Cancellation
We can revoke your right to use the Corporate Platinum Card at any
time with or without cause, and without giving you notice. We may
inform establishments honoring the Corporate Platinum Card that
the Corporate Platinum Card issued to you has been revoked or
cancelled. If we revoke the Corporate Platinum Card or it expires,
you must return it to us upon our request. Also, if the Company
or an establishment that accepts the Corporate Platinum Card asks
you to surrender an expired or revoked Corporate Platinum Card,
you must do so. You may not use the Corporate Platinum Card after
it has expired or after it has been revoked.
17) Credit Information; Telephone Monitoring
You authorize us to make whatever credit inquiries we may deem
appropriate and obtain and exchange any information we may
receive in the course of such investigation with our aliates. We
may ask credit reporting agencies for reports of your individual
credit history. From time to time we may obtain follow-up credit
reports on you. Upon request, we will tell you whether an individual
report was requested and the name and address of the agency
that furnished it. Your performance under this Agreement may be
reported to credit reporting agencies. If you believe information we
have furnished to a credit reporting agency about your Corporate
Platinum Card account is inaccurate, you should write to us at the
following address and identify the specic information you believe
is inaccurate: American Express Credit Bureau Unit, P.O. Box 7871,
Ft. Lauderdale, Florida 33329-7871. You agree that we may monitor
telephone calls between you and us to ensure the quality of the
customer service we provide.
18) Information Provided to Aliates
You authorize American Express, its aliates and licensees to
exchange business and consumer credit reports. You may direct us
not to share with our aliates and subsidiaries certain information
(other than transaction or experience information) about you
or your Corporate Platinum Card account by writing to us at:
American Express, P.O. Box 981540, El Paso, TX 79998-1540. Please
include your Corporate Platinum Card account number.
19) Privacy Act of 1974 Notication
American Express has entered into contracts which enable
the Corporate Platinum Card to be accepted at certain Federal
Government agencies and departments (“Agencies”). As with Card
transactions at commercial establishments, when you choose to
use your Corporate Platinum Card at an Agency certain Charge
information is necessarily collected by American Express. Charge
information from Card transactions at Agencies may be used for
processing Charges and payments, billing and collections activities
and may be aggregated for reporting, analysis and marketing
activities. Additional “routine uses” of Charge information by
Agencies are published periodically in the Federal Register.
20) Use of Corporate Platinum Card Information
a) Your Corporate Platinum Card is issued to you under your
Company’s Corporate Card Program and is to be used solely for
commercial business expenses and in accordance with Company
policy. We use data about your Corporate Platinum Card account
to provide reports to your Company. We may exchange information
about you, your Corporate Platinum Card account and Charges on
your Corporate Platinum Card account (including details of goods
or services purchased) (the “Data”) with American Express aliates
and licensees, including their agents, processors and suppliers;
with your Company or its subsidiaries, parent and aliated
companies, including their agents and processors; with any party
authorized by you; with companies who distribute the Corporate
Platinum Card, with any other party whose name or logo appears
on the Corporate Platinum Card; and with merchants (“Service
Establishments”) used by you, in order to administer and service
your Corporate Platinum Card account, process and collect Charges
on it and manage any benets, insurance, travel or other corporate
programs in which you or your Company is enrolled. Where you
purchase goods and/or services on behalf of a third party, you
must obtain that third party’s consent to the disclosure of his or
her information to us for these purposes. In addition, Data created
as the result of your use of the Corporate Platinum Card at certain
Service Establishments, including hotel and car rental locations
(collectively, “Rental Locations”), may be used by your Company,
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the Rental Location, and/or American Express to enable your
Company to eectively manage its business expense policy. Your
use of the Corporate Platinum Card at any such Rental Location
shall constitute your consent to the use of your Data as described
in this paragraph.
b) If you have arranged for certain merchants to store your
Corporate Card number and expiration date (so that, for example:
the merchant may charge your account at regular intervals; or you
may make charges using that stored Card information), we may,
but are not required to, tell these merchants if your expiration
date or Card number changes or if your account is cancelled. You
must notify these merchants directly if you would like them to stop
charging your Corporate Card.
21) Mailing Lists
We may use information you have provided to us on your initial
application and in surveys, information from how you use the
Corporate Platinum Card and information from external sources,
including consumer reports, for marketing activities (including
mailing lists) by us and other American Express companies. We
may also use information derived from how you use the Corporate
Platinum Card and non-credit information available from public
sources to develop mailing lists which are used to develop oers
you may receive from American Express in conjunction with
our partners and service providers. If at any time you wish to
have your name and address removed from such lists, please call
1-800-297 -8378.
22) Governing Law
This Agreement is governed by the laws of the State of New York
(without regard to internal principles of conicts of law) and
applicable federal law.
23) Fees for Suspended or Cancelled Corporate Platinum Cards
If your Corporate Platinum Card becomes 90 days past due and your
charge privileges are suspended, we will charge a $25 administrative
suspense fee, subject to applicable law. If we cancel your right to
use your Corporate Platinum Card due to non-payment, we will
charge a $25 reinstatement fee to process requests to reinstate your
cancelled Corporate Platinum Card, subject to applicable law. We
reserve the right, upon notice, to change these fees and/or charge
additional fees in connection with reinstatement, cancellation or
suspension of your Corporate Platinum Card.
24) Electronic Notices
Billing statements, notices (which include changes to this
Agreement), disclosures, additional copies of this Agreement,
if requested, and other communications (together called
“Communications”) may be sent to you electronically or made
available online. You must maintain a valid billing address and
phone number in our records for your account. You also agree that,
where permitted by law, we may send Communications to your
Company or your Company’s designated representative concerning
accounts that are billed to and paid by your Company, in which case
Communications to your Company or your Company’s designated
representative about such accounts, your Card, or this Agreement
will be deemed to be a Communication from us to you.
25) CLAIMS RESOLUTION
Most customer concerns can be resolved by calling our Customer
Service Department at the number listed on the back of your Card.
In the event Customer Service is unable to resolve a complaint
to your satisfaction, this section explains how claims can be
resolved through mediation, arbitration or litigation. It includes an
arbitration provision.
For this section, you and us includes any corporate parents,
subsidiaries, aliates or related persons or entities. Claim means
any current or future claim, dispute or controversy relating to your
account(s), this Agreement, or any agreement or relationship you
have or had with us, except for the validity, enforceability or scope
of the Arbitration provision. Claim includes but is not limited to: (1)
initial claims, counterclaims, crossclaims and third-party claims;
(2) claims based upon contract, tort, fraud, statute, regulation,
common law and equity; (3) claims by or against any third party
using or providing any product, service or benet in connection
with any account; and (4) claims that arise from or relate to (a) any
account created under any of the agreements, or any balances on
any such account, (b) advertisements, promotions or statements
related to any accounts, goods or services nanced under any
accounts or terms of nancing, (c) benets and services related to
Card Membership (including fee-based or free benet programs,
enrollment services and rewards programs) and (d) your application
for any account. You may not sell, assign or transfer a claim.
Sending a Claim Notice
Before beginning a lawsuit, mediation or arbitration, you
and we agree to send a written notice (a claim notice) to each
party against whom a claim is asserted, in order to provide an
opportunity to resolve the claim informally or through mediation.
Go to americanexpress.com/claim for a sample claim notice.
The claim notice must describe the claim and state the specic
relief demanded. Notice to you may be provided by your billing
statement or sent to your billing address. Notice to us must
include your name, address and account number and be sent to
American Express ADR c/o CT Corporation System, 111 8th Ave.,
NY, NY 10011. If the claim proceeds to arbitration, the amount of
any relief demanded in a claim notice will not be disclosed to the
arbitrator until after the arbitrator rules.
Mediation
In mediation, a neutral mediator helps parties resolve a claim.
The mediator does not decide the claim but helps parties reach
agreement. Before beginning mediation, you or we must rst send
a claim notice. Within 30 days after sending or receiving a claim
notice, you or we may submit the claim to JAMS (1-800-352-5267,
jamsadr.com) or the American Arbitration Association (“AAA”)
(1-800-778-7879, adr.org) for mediation. We will pay the fees of the
mediator.
All mediation-related communications are condential,
inadmissible in court and not subject to discovery. All applicable
statutes of limitations will be tolled until termination of the
mediation. Either you or we may terminate the mediation at any
time. The submission or failure to submit a claim to mediation will
not aect your or our right to elect arbitration.
Arbitration
You or we may elect to resolve any claim by individual arbitration.
Claims are decided by a neutral arbitrator.
If arbitration is chosen by any party, neither you nor we will have
the right to litigate that claim in court or have a jury trial on that
claim. Further, you and we will not have the right to participate in
a representative capacity or as a member of any class pertaining
to any claim subject to arbitration. Arbitration procedures are
generally simpler than the rules that apply in court, and discovery
is more limited. The arbitrator’s decisions are as enforceable as
any court order and are subject to very limited review by a court.
Except as set forth below, the arbitrator’s decision will be nal and
binding. Other rights you or we would have in court may also not be
available in arbitration.
Initiating Arbitration
Before beginning arbitration, you or we must rst send a claim
notice. Claims will be referred to either JAMS or AAA, as selected
by the party electing arbitration. Claims will be resolved pursuant
to this Arbitration provision and the selected organization’s
rules in eect when the claim is led, except where those rules
conict with this Agreement. If we choose the organization, you
may select the other within 30 days after receiving notice of our
selection. Contact JAMS or AAA to begin an arbitration or for other
information. Claims also may be referred to another arbitration
organization if you and we agree in writing or to an arbitrator
appointed pursuant to section 5 of the Federal Arbitration Act,
9 U.S.C. §§ 1-16 (FAA).
We will not elect arbitration for any claim you le in small claims
court, so long as the claim is individual and pending only in that
court. You or we may otherwise elect to arbitrate any claim at any
time unless it has been led in court and trial has begun or nal
judgment has been entered. Either you or we may delay enforcing
or not exercise rights under this Arbitration provision, including
the right to arbitrate a claim, without waiving the right to exercise
or enforce those rights.
Limitations on Arbitration
If either party elects to resolve a claim by arbitration, that claim
will be arbitrated on an individual basis. There will be no right or
authority for any claims to be arbitrated on a class action basis or
on bases involving claims brought in a purported representative
capacity on behalf of the general public, other Card Members or
other persons similarly situated.
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The arbitrator’s authority is limited to claims between you and us
alone. Claims may not be joined or consolidated unless you and we
agree in writing. An arbitration award and any judgment conrming
it will apply only to the specic case and cannot be used in any
other case except to enforce the award. Notwithstanding any other
provision and without waiving the right to appeal such decision, if
any portion of these Limitations on Arbitration is deemed invalid
or unenforceable, then the entire Arbitration provision (other than
this sentence) will not apply.
Arbitration Procedures
This Arbitration provision is governed by the FAA. The arbitrator
will apply applicable substantive law, statutes of limitations and
privileges. The arbitrator will not apply any federal or state rules
of civil procedure or evidence in matters relating to evidence or
discovery. Subject to the Limitations on Arbitration, the arbitrator
may otherwise award any relief available in court. The arbitration
will be condential, but you may notify any government authority
of your claim.
If your claim is for $10,000 or less, you may choose whether the
arbitration will be conducted solely on the basis of documents,
through a telephonic hearing, or by an in-person hearing. At
any party’s request, the arbitrator will provide a brief written
explanation of the award. The arbitrator’s award will be nal
and binding, except for any right of appeal provided by the FAA;
however, any party will have 30 days to appeal the award by
notifying the arbitration organization and all parties in writing.
The organization will appoint a three-arbitrator panel to decide
anew, by majority vote based on written submissions, any aspect
of the decision objected to. Judgment upon any award may
be entered in any court having jurisdiction. At your election,
arbitration hearings will take place in the federal judicial district
of your residence.
Arbitration Fees and Costs
You will be responsible for paying your share of any arbitration fees
(including ling, administrative, hearing or other fees), but only up
to the amount of the ling fees you would have incurred if you had
brought a claim in court. We will be responsible for any additional
arbitration fees. At your written request, we will consider in good
faith making a temporary advance of your share of any arbitration
fees, or paying for the reasonable fees of an expert appointed by
the arbitrator for good cause.
Additional Arbitration Awards
If the arbitrator rules in your favor for an amount greater than any
nal oer we made before arbitration, the arbitrator’s award will
include: (1) any money to which you are entitled, but in no case
less than $5,000; and (2) any reasonable attorneys’ fees, costs and
expert and other witness fees.
Continuation
This section will survive termination of your account, voluntary
payment of your account balance, any legal proceeding to collect a
debt, any bankruptcy and any sale of your account (in the case of a
sale, its terms will apply to the buyer of your account). If any portion
of this Claims Resolution section, except as otherwise provided
in the Limitations on Arbitration subsection, is deemed invalid or
unenforceable, it will not invalidate the remaining portions of this
Claims Resolution section.
26) Communication Authorization
If we need to contact you to service your Corporate Card account or
to collect Charges on it, you authorize us (and our aliates, agents
and contractors, such as debt collection agencies and service
providers) to contact you at any phone number or email address
you (or the program administrator of your Corporate Card account)
provide, from which you contact us, or at which we believe we can
reach you. We may contact you in any way, such as calling, texting,
emailing, sending mobile application push notications or using
any other method of communication permitted by law. We may
contact you using an automated dialer or prerecorded messages.
We may contact you on a mobile, wireless or similar device, even if
you are charged for it.
AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC.
American Express Customer Care
Global Corporate Payments
© 2019 American Express Travel Related Services Company, Inc.
