This Cardholder Agreement, including the Schedule of
Fees and charges (collectively referred to as this “Agreement”), sets
forth the terms of your prepaid card and any secondary card or companion
card that may be issued to you or to another person that you specify
(each a “Card”). Please read it carefully and retain it for your
records. Your card is issued by University National Bank (“Bank”)
pursuant to a license from VISA, USA Network.
If you do not agree to these terms, do not use the Card and cancel
the Card by calling us at 18662260748. However, by using or allowing
another person to use the Card, you thereby agree to the terms of this
Agreement. You cannot use the enclosed Card until it has been activated.
If you do not want to use the Card or do not agree to the terms of this
Agreement, please destroy the Card at once by cutting it in half. If
you activate the Card (see “Activating the Card” below) or if you
use or allow another person to use the Card, in doing so you are
agreeing to the terms of this Agreement.
Definitions. In this Agreement, the words “you” and “your”
mean the owner of the card (“Cardholder”) and any persons
authorized by the Cardholder to use the Card (“Authorized Users"). Note:
Authorized Users include, without limit, your Registered Users and any
other person who you allow to use the Card, all of whom must comply with
all the terms of this Agreement. “We”, “us” and “our”
mean University National Bank, issuer of the Card. “Card” means
Visa® plastic card that is issued to you or the nonpersonalized Visa
branded plastic card (as applicable) that is issued to you. The words
“Card Account” mean the University National Bank deposit account
or its associated account number or Visa Card. "Registered User"
means a person the Cardholder registers with us and who the Cardholder
authorizes to use the Card. “Business days” are Monday through
Friday, excluding federal holidays. Saturday, Sunday, and federal
holidays are not considered business days, even if we are open.Your
Card. The Card is subject to all of the terms of this Agreement. The
Card is nontransferable and may be used only by the Cardholder or an
Authorized User. THE CARD IS NOT A CREDIT CARD. NO INTEREST IS, OR WILL
BE, PAID ON THE BALANCE OF THE CARD ACCOUNT OR ANY SUBACCOUNT. DEPENDENT
UPON THE DEPOSIT METHOD(S) YOU CHOOSE, FEES MAY BE IMPOSED IN
CONNECTION WITH DEPOSITS. YOU AGREE TO PAY ALL FEES CHARGED IN
ACCORDANCE WITH THIS AGREEMENT. Each Card issued in connection with the
Card Account or any subaccount is and will remain bank property.
However, you will be solely and completely responsible for the
possession, use and control of the Card. You must surrender or destroy
the Card immediately upon our request. The Card is nontransferable and
may be used only by you, the Cardholder. The Card may not be used for
illegal purposes.
Important Information About Procedures for Opening a New Account: To
help the government fight the funding of terrorism and money laundering
activities, federal law requires all financial institutions to obtain,
verify and record information that identifies each person who opens an
account (including sub accounts). What this means for you: when you open
an account, we will ask for your name, address, date of birth, and
other information that will allow us to identify you. We may also ask to
see your driver’s license or other identifying documents.
Using Your Card. After you receive your Card you may use it to
purchase goods and services everywhere Visa Cards are accepted and to
access cash at ATM's of financial institutions displaying the same card
network name/logo as noted on your Card. Each time you use the Card to
purchase goods or services, you authorize us to charge the amount
against your Card’s available value.
You agree that you will: (i) not use the Card at
gambling websites or to purchase illegal goods or services; (ii)
promptly notify us of any loss or theft of the Card; (iii) promptly
notify us of the loss, theft, or unauthorized disclosure of any PIN,
codes or numbers used to access the Card account information or Card
funds; and (iv) use the Card only as instructed by us. We may refuse to
process any transaction that we believe violates the terms of this
Agreement.
You may use the Card to: (i) withdraw cash from
automated teller machines (ATMs) or cash machines; (ii) make deposits to
your Card (as detailed below in Adding Value to Your Card);
(iii) transfer funds between your Card and a Companion/ Secondary Card
or to a bank account; and (iv) pay for purchases from merchants that
accept or display the network card brand (name and/or logo) that appears
on your Card, such as point of sale ("POS") purchases. There are
limitations on cash withdrawals and daily purchases (See Cash
Withdrawal Limitations and Purchase Limitations below)
Secondary or Companion Card. You may request an additional Card
for use by another person who is an Authorized User. You are liable for
all transactions made with the Card or Card number by your Authorized
Users. You are responsible for all transactions and fees incurred by you
or any Authorized Users. You are wholly responsible for the use of each
Card according to the terms of this Agreement.
Your Representations and Warranties. By activating the Card or by
retaining, using or authorizing the use of the Card, you represent and
warrant to us that: (i) you are at least 14 years of age or older (ii)
you have provided us with verifiable and legal identification documents,
such as a U.S. social security card, drivers license, U.S. Passport,
U.S. issued authorization to work in the U.S.; (iii) you have provided
us with a verifiable U.S. street mailing address (not a P.O. Box); (iv)
the personal information that you provide to us in connection with the
Card is true, correct and complete; (v) you received a copy of this
Agreement, you have read this Agreement and agree to be bound by and
comply with its terms; and (vi) you accept the Card. If you are under
age, your parent or guardian may enter into this Agreement, and you can
become a Registered User of the Card.
Assignability. We may assign or transfer our rights and
obligations under this Agreement, including all our rights and
obligations in respect of any Card Account or any sums due hereunder, at
any time without prior notice to you. The Card Account established
under this Agreement is not assignable or transferable by you except
with our prior written consent. Without limiting the foregoing, we must
approve in writing any pledge of the Card Account, and any such pledge
remains subject to any right we have under this Agreement and applicable
state and federal law. If ownership is proposed to be transferred, we
may require that the Card Account be closed and that a new account be
opened, subject to our sole determination, in the name of the transferee
or pledgee.
Activating the Card. When you receive the Card it will not
operate until we validate or activate the card. We will first verify
your identity and that you are the person who applied for the Card. To
activate your Card, call Customer Service at the phone number indicated
and follow the instructions provided. We may refuse to activate your
Card at our sole discretion. For example, we may stop the activation if
the Card or your personal identification number ("PIN") is reported lost
or stolen.
You will be asked to provide personal identification
information during the activation process. We will use the information
to verify your identity and to process your Card transaction. Please see
our Privacy Policy for further information. Information regarding our
Privacy Policy is available at www.smartgivingcards.com .
Although no credit history is required to obtain a Card, you authorize
University National Bank to obtain information about you from time to
time from credit reporting agencies,your employers and other third
parties so that we may comply with laws that are applicable to our
business or to the Bank’s business, including, without limitation, USA
PATRIOT Act and the Bank Secrecy Act.
You agree that we may monitor and record your telephone and electronic
communications with us at any time, without further notice to you or any
party to the communication.
Adding Value to the Card. Value will be “loaded” or added to the
Card after the Card has been activated and the authenticity of the Card
and/or “load” instruction has been verified. The minimum initial load is
$10.00; the maximum load amount is $4000.00. The maximum amount of
value that can reside on the card at any time is $8000.00. We may
increase or decrease these limits from time to time in our sole
discretion upon notice to you. We also may limit the number of Cards
provided to you. We reserve the right to accept or reject any request to
reload value to the Card at our sole discretion.The Card may only be
reloaded by the Cardholder. In addition to deposit processing fees,
deposit transaction fees may apply as stated in the fee schedule
associated with this card account.
Direct Deposits. If you arrange to have funds transferred
directly to your Card, you can call Customer Service at 1-866-226-0748
to find out whether or not the transfer been made. Funds from electronic
direct transfer will generally be available on the day the Bank
receives the transfer; however, the Bank may receive the funds before
you are scheduled to receive them on the Card (e.g., before your
scheduled Payroll date) and in that instance the funds will not be made
available to you before your scheduled Payroll date. In case of
transmission error, or transfer irregularity, your ability to withdraw
funds may be delayed beyond the scheduled Payroll date. If this occurs,
then funds will generally be available within five (5) business days
after the employer transfers your Payroll funds to the Bank. You may
cancel the direct transfer authorization at any time by sending a
written notice to your employer and providing your employer and the Bank
sufficient time to act upon the notice before your next scheduled
Payroll date. Your employer may terminate this method of payment, with
or without cause, at any time. We bear no responsibility for any such
reporting or tax liabilities.Deposits from bank checking, savings or
debit card account (“Funding Account”) are subject to appropriate
anti-fraud verification, when applicable and available.Certain delays
may be required to assure funds are available for such deposits prior to
crediting to your Card Account.
FDIC Deposit Insurance. Subject to applicable regulations,
your Card Account is insured by the Federal Deposit Insurance
Corporation.
You may obtain information about the amount of money you
have remaining in your card account by calling Customer Service at
18662260748; a charge may apply for balance inquiries that are made by
telephone (see the Schedule of Fees and Charges. This
information, along with a 12 month history of account transactions, is
also available online at www.smartgivingcards.com . You also have the
right to obtain monthly statements by opting in our monthly statement
mailings. We will assess a fee for providing a written history of the
account to you. See “fees and charges”.
When Deposits are Available for Withdrawal.
Deposits may be delayed until we have actually received the funds.
During such delay, the fund’s value will not be available to the
Cardholder. We reserve the right to accept or reject any request to
deposit funds to the Card Account, at our sole discretion.
We will give only provisional until collection is final for any
items, other than cash, we accept for deposit (including items drawn “on
us”). Actual credit for deposits of, or payable in foreign currency
will be at the exchange in effect on final collection in U.S. dollars.
We are not responsible for transactions by mail or outside depository
until we actually record them. We will treat and record all transactions
received after our “daily cutoff time” on a business day we are open,
or received on a day we are not open for business, as if initiated on
the next following business day that we are open. Our policy is to make
funds from your cash and certain check deposits available to you on the
first business day after the day we receive the actual funds. However,
funds from electronic deposits will be available on the day we receive
settlement for the deposit. For determining the availability of your
deposits, every day is a business day, except Saturday, Sundays, and
federal holidays. Our earliest cutoff is 4:00 PM CST.If you make a
deposit before our cutoff hour on a business day that we are open, we
will consider that day to be the day of your deposit. However, if you
make a deposit after our cutoff hour or on a day we are not open, we
will consider that the deposit was made on the next business day we are
open.
Use and Purpose of Card and Card Account.
You may make purchases anywhere your Card is accepted.When making
purchases at a point-of-sale terminal, you may select either the debit
or credit option.The debit option requires that you enter your Personal
Identification Number (PIN), and the credit option requires you to sign
for the purchase. In each case, the amount of the purchase is deducted
from your Card Account balance.
You may withdraw cash from any ATM that displays the
Network logo(s) on your Card. Your PIN will provide you access to any
such ATM.
You may obtain cash from locations which have agreed to provide cash
back at the point-of-sale.
We may impose restrictions on your Card at any time, including
restrictions on (a) the number of transactions allowed per day; (b) the
dollar amount of transactions; and (c) your ability to use the Card at
an ATM
Authorization Holds. When you use your Card to pay for goods
or services, certain merchants may ask us to authorize the transaction
in advance and may estimate its final value. When we authorize the
transaction, we commit to make the requested funds available when the
transaction finally settles and may place a temporary hold on
your Card’s funds for the amount indicated by the merchant. We also may
add an amount for certain merchants to ensure that sufficient funds will
be available to cover the final transaction.Transactions at certain
merchants that authorize high dollar amounts, especially rental car
companies and hotels, may cause an "authorization" or "hold" on your
available balance up to 30 days. Until the transaction finally settles
or we determine that it is unlikely to be processed, the funds subject
to the hold will not be available to you for other purposes. We will
only charge your Card for the correct amount of the final transaction,
however, and will release any excess amount when the transaction finally
settles.
Purchase Limitations. You should retain
sufficient value on your Card to pay for each transaction you attempt to
conduct using the Card or Card account. You may not make purchases that
in the aggregate exceed $1000.00 per calendar day. If a merchant
attempts to process a transaction for more than the value available on
the Card, or if the transaction will cause the daily limit of $1000.00
to be exceeded, then the transaction will be declined. Because you are
assessed transaction fees even if a transaction is declined, it is
possible for your Card account to have a negative balance and be
overdrawn. We do not extend credit, so if your Card account becomes
overdrawn, you agree to pay us the overdrawn amount immediately, without
further demand. We may deduct the overdraft amount from any current or
future funds on this or any other Card you activate or maintain.
Cash Withdrawal Limitations. The maximum amount of Cash that
you may receive each day depends on the location where the Cash is
requested. You may obtain Cash at ATMs designated by us or at ATMs that
display the Visa Acceptance Mark. You may withdraw Cash in the amounts
up to $400.00 per day, however the $400.00 daily limit subject to
additional limitations imposed by the
s, banks and ATM or
cash machine operators. To obtain Cash at ATMs or cash machines requires
your PIN to validate your identity as the owner or the Card. However,
your signature, and not your PIN, may be required at certain
face-to-face locations (banks and merchants).
Unusual or multiple purchases may prompt a merchant inquiry or card
suspension to allow us to investigate such unusual activity . You agree
to be financially liable for any spending beyond the available Card
Account (or applicable subaccount) balance, and any spending overdraft
must be immediately repaid.
Refunds for Purchases Made with the Card. Any refund for goods
or services purchased with the Card will be made in the form of a
credit to the Card. You are not entitled to receive a cash refund.
Disputes with Merchants. The Bank is not responsible for the
delivery, quality, safety, legality or any other aspect of goods and
services that you purchase from others with a Card. All such disputes
should be addressed to the merchants from whom the goods and services
were purchased.
Cancelation and Suspension. We reserve the right, in our sole
discretion, to limit your use of the Card. We may refuse to issue a
Card or may revoke Card privileges with or without cause or notice,
other than as required by applicable law. If you would like to cancel
the use of your Card, call Customer Service at 866-226-0748. If we
decide to cancel or suspend use of the Card, we will attempt to notify
you by telephone or by U.S. postal service or electronic mail. You agree
not to use or allow others to use an expired, revoked, cancelled,
suspended or otherwise invalid Card. Our cancelation of Card privileges
will not otherwise affect your rights and obligations under this
Agreement. If we cancel or suspend your Card privileges through no fault
of yours, you will be entitled to a refund of any remaining balance, as
provided in this Agreement.
Card Expiration. Subject to applicable law, you
may use the Card only through its expiration date, which is stated on
the Card. If you attempt to use the Card after the expiration date, the
transactions may not be processed. When a Card is issued to you, the
Card will have an expiration date and will expire accordingly.
Life of Card. The Card is good for at least one year from the
date of first activation and may be subject to a monthly maintenance fee
for the life of the Card. If your Card has a zero or negative balance
(overdraft), we may, at our option, cancel your Card without notice.
Once the Card has expired for any reason, it cannot be renewed or
reloaded.
Settlement Upon Expiration and Cancelation. If
there is a balance remaining on the Card upon expiration, the balance
will be transferred to a new Card if we choose to issue one to you. If
we do not choose to issue a new Card to you or if we cancel your Card
privileges for any reason, we will attempt to refund to you the balance
remaining on the Card less any amounts owed to us (e.g. fees and
charges). A check made payable to you may be mailed to the owner of the
Card at the latest postal address reflected in our records, so we
encourage you to keep us informed of changes to your mailing address
(call Customer Service at 1-800-416-6373 to notify us of a change of
address) ; You will not be able to add more value to your Card once
the Card has expired or has been cancelled. After Card expiration, you
will need to activate and then use the new Card that has been issued to
you.
Confidentiality and Security.
You should not disclose your PIN or record it on the
Card or otherwise make it available to anyone else.
If the PIN is lost or stolen or if someone else may be using them
without your permission, notify us at once by calling Customer Service
at 1-866-226-0748.
If you authorize or permit someone else to use the Card and/or PIN, you
will be liable for any transactions made by that person.
Payment.
Each time you use the Card, the amount of the
transaction will be debited from the balance of funds in the Card
Account.
You ar not allowed to exceed the Card Account (or
sub-account, if applicable) balance when making any purchase.
You agree to be absolutely an unconditionally
responsible for payment to us of overdrafts.
You agree to have the amount of the overdraft deducted
from any funds later deposited to the balance of your Card Account.
You agree that fees and charges specified in this
Agreement may be deducted from the Card Account.
You agree to pay any Card Account funds deficiency at
once, together with an costs of collection.
Some fees and charges may be for services that you
request that are not included in this disclosure or the schedule of Fees
and Charges set forth below, but you agree to pay those fees and
charges.
Reversal. Point of sale transactions cannot be
reversed. Payment for goods or services using your Card at a point of
sale terminal shall not affect any of the rights, protections, or
liabilities under applicable law regarding a cash or credit sale made by
means other that through the use of a point of sale. If you authorize a
transaction and then fail to make a purchase of that item as planned,
the approval may result in a hod of funds equal to the estimated
purchase amount., for up to seven (7) days.
Fees and Charges. We will charge you, and you
agree to pay, the fees and charges set forth in the Schedule of Fees and
Charges enclosed. You may also login at www.smartgivingcrds.com to view
a complete list of fees. We normally deduct fees and charges
automatically from the Card balance at the time a fee or charge is
incurred.
To the extend permitted by applicable laws, the
following fees will apply to your Card:
Domestic ATM
Transaction......................................................................................................$1.50
(Including withdrawals, balance inquiries and
declines)
International ATM
Transaction...............................................................................................$2.50
(Including withdrawals, balance
inquiries and declines)
POS Transactions (PIN)
...........................................................................................................Free
POS Decline
(PIN).....................................................................................................................Free
POS
Transactions
(Signature).................................................................................................Free
Telephone
Inquiries...................................................................................................................Free
(Automated Voice Response)
Telephone
Inquiries..................................................................................................................$2.00
(Operator Assisted)*
Balance Inquiry/Transaction
History.......................................................................................Free
(via internet)
ACH
Transfer..............................................................................................................................Free
Foreign Transactions: See fees described under "Foreign Transactions"
above
Written Transaction
History......................................................................................................$2.00
(via paper)
Balance Refund
Check.............................................................................................................$7.85
Lost or Stolen Card
Replacement...........................................................................................$9.95
Expedited Shipping
................................................................................................................$13.00
Monthly Maintenance
Fee........................................................................................................$1.95
Secondary Card
Fee.................................................................................................................$2.00
Funds
Transfer to a Secondary Card
......................................................................................$.99
*Telephone Inquiries (Operator Assisted):
This fee will be waived if the telephone call is made to report a lost
or stolen card, to report an unauthorized transaction, or to report a
technical problem with your Card.
In addition, when you use an ATM not owned
by us, you may be charged a fee by the owner or operator of the ATM
and/or any network used in connection with the transaction (and you may
be charged a fee from a balance inquiry even if you do not complete a
fund transfer) and by the owner or operator of a terminal where you load
your Card and/or any network used in connection with value load
transaction.
Unclaimed Property. If you have not
made a purchase from or a deposit to your Card Account or any
Sub-Accounts for three (3) years, your Card Account may be classified
by us as inactive. Subject to applicable law, we may charge an
inactivity account fee on the the Card Account will be presumed to be
abandoned. In accordance with state law funds in abandoned accounts will
be remitted to the custody of the applicable state agency, and we will
have no further liability to you for such funds. If this occurs, we may
try to locate the owner of the Card at the address shown in our records,
so we encourage you to keep us informed if you change your address; you
may notify us of a change of address by calling Customer Service at
1-800-6373. If we are unable to locate you, we may be required to
deliver any value remaining on the Card to the applicable state as
unclaimed property.
Card Information. You can obtain
information about the current available balance on your Card and a
description of past charges and credits by calling Customer Service at
1-866-226-0748 or by visiting www.smartgivingcards.com. A charge may
apply for balance inquires that are mad by telephone (see the Schedule
of Fees and Charges).
ATM Receipts. You should request a
receipt at the time you make a withdrawal with your Card at an ATM.
Periodic Statements. You agree to
receive electronic periodic statements for your Card. Electronic
statements are made available each month at www.smartgivingcards.com
website. If you wish to receive a paper periodic statement instead of an
electronic periodic statement, you may elect this option by calling to
Customer Service at 1-866-226-0748. We will charge you a fee if you
elect to receive paper statements. You agree that these are reasonable
procedures for sending and receiving periodic statements.
Foreign Transactions. If you conduct a
transaction in a currency other than U.S. dollars, the merchant or
network that processes the transaction may convert the transaction into
U.S. dollars in accordance with its then current policies. Visa
currently uses a conversion rate that is no greater than the highest (i)
interbank conversion rate identified by the Network on the processing
day or the preceding Business Day. The rate for Authorization is
determined at the time and date the Authorization request was received
from the Merchant or Acquirer. The rate may not remain constant between
Authorization and Settlement. We will impose a charge equal to 3% of the
transaction amount (including credits and reversals) for each
transaction (U.S. or foreign currency) that you conduct outside the 50
United States.
Information Given to Third Parties.
We may disclose information (including personally identifiable
information) to third parties about you, the Card, you Card account and
the transactions related to the Card and/or Card account: (i) where it
is necessary or helpful for completing a transaction; (ii) in order to
verify the existence and condition of the Card or Card account for a
third party )e.g. a merchant); (iii) in order to comply with any law or
to comply with requirements of any government agency or court orders;
(iv) if you give us your written consent; (v) to service providers who
administer the Card or the similar services for us, in order that they
may perform those services; (vi) in order to prevent, investigate or
report possible illegal activity; (vii) in order to issue authorizations
from transactions on the Card; and (viii) as otherwise permitted by
law. Please see our Privacy Policy for further details.
Web Site Availability. Although
considerable effort is expended to make our website and other means of
communications and access available around the clock, we do not warrant
these forms of access to be available and error free at all times. You
agree that we will not be responsible for temporary interruptions in
service due to maintenance website changes , or failures. nor shall we
be liable for extended interruptions due to failures beyond our control.
including but not limited to the failure of interconnecting and
operation systems, computer viruses , forces of nature, labor disputes
and armed conflicts.
Systems and Software. We shall not be
responsible to you for any loss or damages suffered by you as a result
of failure of systems and software used by you to interface with our
systems or systems and software utilized by you to initiate or process
banking transaction, whether such transaction are initiated or processed
directly with our systems or through a third party service provider.
You acknowledge that you are solely responsible for the adequacy of
systems and software utilized by you to process banking transactions and
the ability of such systems and software to do so accurately.
Notice of Lost or Stolen Cards/Unauthorized
Activity. You agree to immediately notify us of the loss,
theft or unauthorized use of the Card and the loss, theft or
unauthorized or inadvertent disclosure of any number (including a PIN),
secret word or code that might be used to access Card funds. If you
believe that Card, PIN or code has been lost or stolen or that someone
has transferred or may transfer value from the Card without your
authorization, you should immediately contact us at the address or phone
number listed below in "In Case of Errors of Questions About
Card Transactions."
You agree to cooperate reasonably
with us in our attempts to recover funds from, and to assist in the
prosecution of, any unauthorized users of you Card. If you authorize
another person to use the Card,you agree to be liable for all
transactions arising from the use of the Card by that person, to the
fullest extent permitted by law.
Our Liability for Failing to Make Transfers.
If we do not complete a transaction to or from the Card on time or in
the correct amount according to our Agreement with you, we may be liable
for your losses or damages. However, there are some exceptions. We will
not be liable , for instance:
a) if, through no fault of ours, your Card
funds are insufficient for the transaction or are unavailable for
withdrawal (for
example, because they have not been finally collected or are subject to
legal process);
b) if a computer system, ATM, or POS
terminal was not working properly and you knew about the problem
when you started the transaction;
c) if the ATM where you are
making the transfer does not have enough cash;
d) if a merchant refused to
honor the Card;
e) if circumstances
beyond our control (such as fire, flood, terrorist attack or national
emergency) prevent the transaction, despite reasonable
precautions that we have taken;
f) if you
attempt to use a Card that has not been properly activated;
g) if
your Payroll funds are not deposited by you employer (or its Payroll
administrator) with the Bank at least two (2) business
days before the scheduled Payroll date;
h)
if your employer or a third party Payroll administrator does not provide
the Bank with correct and complete information
regarding the amount of your Payroll and your Card number at least one
(1) business day before your scheduled Payroll date,
or if the information provided to the Bank us incorrect or incomplete.
i) if an employee of a "load network" did not properly transmit
information tot eh Bank.
j) if the Card has been reported as lost or stolen, has been
suspended by us , or we have reason to believe the transaction
is not authorized by you; or
k) as otherwise provided in this Agreement.
ELECTRONIC FUND TRANSFER DISCLOSURES
Types
of Transactions: You may use your Card and PIN to withdraw
cash from your Card Account at ATMs, or to pay for purchases at places
that have agreed to accept the Card. Some of these places may allow cash
back in connection with purchases.
Prearranged Transfers:
Preauthorized Credits: You may make arrangements to pay for certain
direct deposits to be accepted into your account.
Preauthorized Debits: You may make arrangements to pay for
certain recurring bills from you account.
ATM
Activity: You may access your account(s) by ATM by using your Card
and PIN to:
Make cash withdrawals from you account. You may withdraw no more than
$400.00 per day.
Make access Deposits into your account.
Get balance information.
Point
of Sale Transactions: You may access your account to purchase
goods in person, by phone , by computer; pay for services in person, by
phone, by computer; get cash from a merchant if the merchant permits or
from a participating financial institution or do anything that a
participating merchant will accept.
Computer
Transfers: You may access your accounts by computer through the
internet at www.smartgivingcards.com using your account number and
password to :
1. Get balance information.
2. Transfer funds to another account.
3. Set up alerts.
In
Case of Errors or Questions About Card Transactions. If you think your
periodic statement or receipt is wrong or if you need more information
about a transaction listed on the periodic statement or receipt,please
contact Customer Service as soon as you can at 1-866-226-0748. We must
hear from you no later than 60 days after we made available the FIRST
periodic statement on which the transaction in question or the error
appeared. When notifying us: (i) tell us the name, address, and Card
number of the Cardholder; (ii) describe the error or the transaction you
are unsure about, and explain as clearly as you can why you believe it
is an error or why you need more information; and (iii) tell us the
dollar amount of the suspected error. If you tell us orally, we may
require that you send us your complaint or question in writing within 10
business days.
We
will determine whether an error occurred within 10 Business days after
we hear from you and will correct any error promptly. If we need more
time, however, we may take up to 45 days to investigate your complaint
or question. If we decide to do this, we will credit the Card within 10
business days for the amount you think is in error so that you will have
the use of the value during the time it takes us to complete the
investigation. If we ask you to put your complaint or question in
writing and we do not receive it within 10 business days, we may not
credit the Card. We will tell you the results within three business days
after completing our investigation and we we will correct any error
promptly. For errors involving new Cards, point-of-sale, or foreign
initiated transactions, we may take up to 90 days to investigate your
complaint or question. For new Cards, we may take up to 20 business days
to credit your Card for the amount you think is in error. 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 as k for copies of the documents that we
used in our investigation.
Your
Liability for Unauthorized Transfers. Tell us AT ONCE if you
believe your Card or PIN (or any password or code used to access your
account or Card funds) has been lost or stolen or if you believe that an
electronic funds transfer has been made without your permission.
Telephoning us at 1-866-266-0748 is the best way of keeping your
possible losses down. You could lose all the money on your Card. If you
tell us within two (2) business days after you learn of the loss or
theft or your CArd pr PIN or unauthorized transfer, you can lose no more
than $50 if someone used your Card or PIN or other code without your
permission. If you DO NOT tell us within two (2) business days after you
learn of the loss of theft or of your Card or PIN or the unauthorized
transfer, and we can prove that we could have stopped someone from using
your Card or PIN without your permission if you had told us, you could
lose as much as $500.00. You agree that any unauthorized use does not
include use by a person to whom you have given authority to use the Card
or PIN and that you will be liable for all such uses and funds
transfers by such person(s).
Also,
if your periodic statement shows transactions that you did not make,
including those made by Card, PIN or other code or by other means, tell
us AT ONCE. If you do not tell us within 60 days after the periodic
statement was first made available to you, you may not get back any Card
value you lost after the 60 days if we can prove that we could have
stopped someone from taking the CArd value if you told us in time. If a
good reason (such as a long trip or hospital stay) kept you from
learning of the unauthorized transaction and telling us, we will extend
the time periods.
Preauthorized
Payments from Your Card. If you intend to use the Card to
preauthorize payments for recurring purchase or obligations, you should
monitor your balance and keep funds loaded to the Card to cover the
transactions. Preauthorized payments are payments that you authorize to
be automatically deducted from you Card each month with or without any
further action on your part. Examples of merchants that you may pay by
preauthorized payment include wireless carriers, internet service
providers, health clubs, insurance companies that automatically charge
monthly premiums to the Card, cable TV services and the like . Because
the Card is prepaid and does not carry a credit line, these merchants
may suspend or cancel your service if you don't have enough value left
on the Card when that preauthorized payment comes due. This could be
important if the recurring charge is for an essential service.
If
you have told us in advance to make regular payments out of your Card
account, you can stop any of these payments by calling us at 1-866-226-
0748. We must receive your request at least three (3) business days or
more before the payment is scheduled to be made. If you call, we may
also require you to put your request in writing and get it to us within
14 days after you call. We may charge you a fee for each stop-payment
order you give (see the Schedule of Fees and Charges).
If
these regular payments may vary in amount, the person you are going to
pay will tell you ten (10) days before the payment is due, when it will
be deducted from your Card value and how much it well be.
Merchants
Illegal for Minors. The Card may not be accepted by certain
types of merchants whose goods or services are not legal for minors.
Examples of such merchants include casinos, gambling websites, and
adult entertainment merchants. if you purchased the Card to use
specifically at these types of merchants, you may not be satisfied with
the Card.
Governing
Law/Jurisdiction. This Agreement shall be governed by, and
construed with the laws of the State of Minnesota and any actions or
preceding with respect to this agreement of any services hereunder shall
be brought only before a federal or state court in the State of
Minnesota.
Non-Assign
ability. You may not assign or transfer this Agreement or any
of your rights or obligations under this Agreement. Any attempt to the
contrary shall be null and void. This Agreement shall not be affected,
and this Agreement shall be interpreted as if the invalid terms had not
been included in this Agreement.
Severabillty.
If any of the terms of this Agreement are invalid, changed by the
applicable law or declared invalid by order of court or regulatory
authority, the remaining terms of this Agreement shall not be affected,
and this Agreement shall be interpreted as if the invalid terms had not
been included in this Agreement.
Disclaimer
of Warranties. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS
AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO
YOU, WHETHER EX0RESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
Right to bring Civil Action:
Limited Liability. WE WILL NOT BE LIABLE TO YOU OR ANY
OTHER PERSON FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES
BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION ACTS OF GOD, ACTS OF
GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR
RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; COMMUNICATION SYSTEM
FAILURES OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT,
MERCHANT OR ATM EQUIPMENT OR ANY INTERNET SERVICE, OR ANY PAYMENT
SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY EN
ENTITLED TO RECOVER YOU ACTUAL DIRECT DAMAGES. IN NO EVENT SHALL YOU BE
ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE).
EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS
PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE PROHIBITED BY
LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR
ANY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT BY THE BANK OR TRANSCARD
SHALL BE LIMITED TO THE TOTAL AMOUNT TO BE LOADED ON THE CARD (SUBJECT
TO LOAD LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUCT
RELATES TO VALUE TRANSFER TRANSACTIONS, AND FOR ANY OTHER NEGLIGENCE OR
MISCONDUCT THE MAXIMUM LIABILITY SHALL BE $5000.00
Change in Terms. Subject to the limitations of
applicable law, we may at any time add to, delete or change the terms of
this Agreement by sending you a notice. We will give you notice at
least 21 days before the effective date of any change if the change
would result in : (i) increased fees you would be required to pay (ii)
increased liability fro you l (iii) fewer types of available electronic
fund transfers or (iv) stricter limitations on the frequency or dollar
amount of transfers.
Advance notice may not be given, however, if we need to
make the change immediately in order to maintain or restore the security
of the Card o Card account or any related payment system. If any such
change becomes permanent and disclosure to you fo the change would not
jeopardize the security of the Cad or any related payment system, we
will provide notice to you with in 30 days fro making the change.
Questions. ALL QUESTIONS ABOUT TRANSACTIONS MADE
WITH YOUR CARD MUST BE DIRECTED TO CUSTOMER SERVICE. We are responsible
for customer service and for resolving any errors in transactions made
with your Card.
Please see the information above regarding the operation
and use of your Card. If you have questions regarding your Card, you ay
call 1-866-226-0748.
CARD ACCOUNT PRIVACY POLICY
Our Privacy Pledge:
This notice is adopted in recognition of our obligations
under Title V of the Gramm-Leach-Biley Act of 1999.
We collect nonpublic personal information about you from
the following sources:
Information we receive from you on
applications or other forms;
Information about your transactions
with us, our affiliates, or others; and
Information we receive from a
consumer reporting agency.
We do not disclose any nonpublic
personal information about our customers or former customers to anyone,
except as permitted by law ( i.e. subpoena, levies, summons or
garnishments).
If you decide to close your account(t)
or become an inactive customer, we will adhere to the privacy policies
and practices as described in this notice.
We restrict access to nonpublic
personal information about you to those employees who need to know that
information to provide products or services to you. We ,maintain
physical, electronic, an procedural safeguards that comply with federal
standards to guard your non public personal information.
Please see our Privacy policy for
further details.
Change of Address: If your U.S.
mail or postal address changes, you must notify us immediately. Failure
to do so may result in information regarding the Card or Card Account
being mailed to the wrong person or your transactions being declined. In
such event, we shall not be responsible for any resulting misuse of
funds available in the Card Account. Any notice given by us shall be
deemed given to you if mailed to you at the last U.S. mail address for
the Card Account furnished by you. You agree that
we may accept changes of address fro the U.S. Postal Service. ou also
agree that if you attempt to change your address to a non-U.S. address,
your Card Account may be cancelled and funds returned to you in
accourdance with this Agreement.
Governing Law, Court Proceedings, Damaged,
Arbitration: This Agreement will be governed by, construed an
enforced in accordance with federal law and the laws of the State of
Minnesota. You agree to pay upon demand all o our costs and expenses
incurred in connection with the enforcement of this Agreement. If we are
served garnishments, summonses, subpoenas, orders or legal processes
of any type, we are entitled to rely on the representations therein an
may comply with them in our own discretion without regard to
jurisdiction. You agree that any legal action involving this Card or
Card Account must be brought within one (1) year of the date the cause
of action arose. You and we both waive our right to trial by jury,
punitive and exemplary damages, as well as damages in tort, including
but not limited to emotional distress, unless caused by a willful and
malicious act, which in the case of unauthorized disclosure of private
or confidential information must also be defamatory.
Taxes: You acknowledge and agree that we are not
obligated to determine whether any federal, state or local tax applies
to any transaction involving the use of your Card, nor are we
responsible for collecting, remitting, or reporting any sales, use,
income or other taxes arising from any such transactions.
No Waiver: No failure by us to enforce the
performance of any provision of this Agreement or to impose any fee or
other amount allowed hereunder will constitute a waiver by us of our
right to subsequently enforce such provision or any other provisions of
this Agreement or to impose such fees or other amounts pursuant hereto.
Miscellaneous Provision: If you or your Card
Account becomes involved in any legal proceedings, your use of the Card
Account may be restricted. You agree not to use the Card Account in any
illegal activity. We shall be entitled to act upon any legal process
served upon us which we reasonably believe to be binding, with no
liability to you for doing so. You understand that supervisory personnel
may randomly monitor customer service telephone conversation to ensure
that you receive accurate, courteous, and fair treatment. If you ask us
to follow instruction that we believe might expose us to any claim,
liability, or damages, we may refuse to follow your instruction or may
require a bond or other protection, including you agreement to indemnify
us. You agree to be liable to us, to the extent permitted by law, far
any loss, costs or expenses that we may incur as a result of any dispute
or legal proceeding involving your Account. You authorize us to deduct
any such loss, costs, or expenses from your Card Account without prior
notice to you or to bill you separately. This obligation includes
disputes between you and us involving your Card Account and situations
where we become involved in disputes between you an a sub-account owner,
or a third party claiming an interest in your Card Account. It also
includes situations where any action taken on you Card Account by you,
an authorized signer, a joint owner, or a third party causes us to seek
the advice of an attorney, whether or not we actually become involved in
a dispute. Any action by us for reimbursements from you for any costs
or expenses may also be made against and expenses incurred by us. If you
provide a mobile phone number to us, or if you call us from a mobile
phone, you consent accept calls from us to your mobile phone, including
collection calls. If a court finds any provision of this Agreement
invalid or unenforceable, such finding shall not make the rest of this
Agreement invalid or unenforceable. To the fullest extent possible, any
such provision shall be deemed to be modified so as to be rendered
enforceable or valid however, if such provision cannot be so modified,
it shall be stricken and all other provisions of the Agreement in all
other respects shall remain valid and enforceable.
If you do not accept the term, conditions, provisions
and rules set forth in this Agreement, you will not be abet to keep or
make use of the Card Account.
By activating your Card, you acknowledge and agree
that :
You have read and agree to this Card Account Agreement
and Disclosure Statement.
Visa and the Visa Brand Mark are registered trademarks
of Visa, USA
GPR