PROOF READY_Visa Cardholder Agreement Effective June 2010 For Card Act V2x Visa

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To respond to a subpoena, court order or judicial process;
to pursue a sale, merger, or transfer of all or a portion of a
business or operating unit; to our regulators and auditors;
to protect against or prevent fraud, manage risk, or resolve
customer disputes;
To a third party to whom you specifically authorize us to
share the information.

Whenever other companies or third parties provide services for us or
on our behalf, we require them by contract to maintain the appropriate
safeguards to ensure the security and the confidentiality of the
information that we provide them.
Because certain disclosures of confidential information are specifically
required or permitted by law, we can make these disclosures even if
you prefer we do not do so. Therefore, you do not have to respond to
this notice in any way.
We will maintain your privacy in business relationships with nonrelated third parties.
If we do provide customer information to a third party, we will insist,
through a written agreement, that the third party adheres to similar
privacy principles to those that The Bancorp Bank adheres to for
keeping this information confidential.
Disclosing our privacy commitment to you.
At The Bancorp Bank, we value our customer relationships. We want
you to understand how we use the information you provide and our
commitment to ensuring your personal privacy. If you have any
questions about how The Bancorp Bank protects your confidential
information, please contact us at 1-877-554-2339.
Use of Cookies
Our web site may use a feature of your Internet browser called a
cookie. A cookie is a piece of information which a web server may
place on your computer when you visit a web site. The use of cookies
is to facilitate your Internet session, to maintain security and to
improve the user experience. For example, we use cookies to verify
your identity, remember your personal settings such as your offer
preferences, and to monitor your use of our website to improve our
services. If you choose not to enable cookies on your browser, you
will not be able to use some of the services offered on our web site.
Children’s Privacy
We do not knowingly collect or use personal information from children
under 13 without verifiable consent from their parents.
Member FDIC

Cardholder Agreement
IMPORTANT – PLEASE READ CAREFULLY
®

Terms and Conditions/Definitions for the Prepaid Visa Card
This document constitutes the agreement (“Agreement”) outlining the
terms and conditions under which the Prepaid Visa Card has been
issued to you. By accepting and using the Card, you agree to be
bound by the terms and conditions contained in this Agreement.
“Card” means the Prepaid Visa Card issued to you by The Bancorp
Bank, Wilmington, Delaware. “Issuer” means The Bancorp Bank or its
depository institution affiliate. The Issuer is an FDIC insured member
institution. “Card Account” means the records we maintain to account
for the value of claims associated with the Card. “You” and “your”
mean the person or persons who have received the Card and are
authorized to use the Card as provided for in this Agreement. “We,”
“us,” and “our” mean the Issuer, our successors, affiliates or
assignees. You acknowledge and agree that the value available in
the Card Account is limited to the funds that you have loaded into the
Card Account or have been loaded into the Card Account on your
behalf. You agree to sign the back of the Card immediately upon
receipt. The expiration date of the Card is identified on the front of
your Card. The Card is a prepaid card. The Card is not a gift card or
a gift certificate. You have received this Card as a gratuity without the
payment of any monetary value or consideration. You are not the
owner of the Card or the funds underlying the Card. Your failure to
activate and use the Card results in the loss of all right, title and
interest in the Card and the underlying funds. The Card is not
connected in any way to any other account. The Card is not a credit
card. The Card is not for resale. You will not receive any interest on
your funds in the Card Account. The Card will remain the property of
the Issuer and must be surrendered upon demand. The Card is
nontransferable and it may be canceled, repossessed, or revoked at
any time without prior notice subject to applicable law. Our business
days are Monday through Friday, excluding federal holidays, even if
we are open. Write down your Card number and the customer
service phone number provided in this Agreement on a separate
piece of paper in case your Card is lost, stolen, or destroyed. Please
read this Agreement carefully and keep it for future reference.
Authorized Users
You are responsible for all authorized transactions initiated and fees
incurred by use of your Card. If you permit another person to have
access to your Card or Card number, we will treat this as if you have
authorized such use and you will be liable for all transactions and fees
incurred by those persons. You are wholly responsible for the use of
each Card according to the terms and conditions of this Agreement.
Secondary Cardholder
You may not request an additional Card for another person.
Personal Identification Number
You will receive a Personal Identification Number (“PIN”) with your
Card Account. You may establish your PIN by calling 1-877-840-1083
during activation or anytime thereafter. You should not write or keep
your PIN with your Card. Never share your PIN with anyone. When
entering your PIN, be sure it cannot be observed by others and do not
enter your PIN into any terminal that appears to be modified or
suspicious. If you believe that anyone has gained unauthorized
access to your PIN, you should advise us immediately following the
procedures in the paragraph labeled “Your Liability for Unauthorized
Transfers.”
Cash Access

22776i001

710585

If your Card has cash access, then with your PIN, you may use your
Card to obtain cash from any Automated Teller Machine (“ATM”) or
any Point-of-Sale (“POS”) device, as permissible by merchant, that
bears the Visa Acceptance Mark. All ATM transactions are treated as
cash withdrawal transactions. You may use your Card at an ATM.

The maximum cumulative amount that may be withdrawn from an
ATM per day is $2,500.00. Any funds withdrawn from a POS device
or through a participating bank (over the counter withdrawal) will be
subject to the maximum amount that can be spent on your Card per
day. The daily maximum amount that can be withdrawn each day is
$10,000.00.
If your Card does not have cash access, then you may not use your
Card to obtain cash from an Automated Teller Machine (“ATM”),
Point-of-Sale (“POS”) device, or by any other means. You may not
use your Card at an ATM.
Loading Your Card
You may not load additional funds to your Card, called “value
loading”. Only your “Program Sponsor” may load additional funds to
your Card. The minimum amount of the initial value load is $0.00.
The maximum amount of the initial value load is $150,000.00. The
maximum amount of each value reload is $0.00. The maximum
amount of each value reload is $150,000.00. You will have access to
your funds immediately after activation.
Using Your Card/Features
The maximum amount that can be spent on your Card per day is
$10,000.00. The maximum value of your Card is restricted to
$150,000.00.
You may use your Card to purchase or lease goods or services
wherever Visa debit cards or Interlink cards are accepted as long as
you do not exceed the value available on your Card Account. Some
merchants do not allow cardholders to conduct split transactions
where you would use the Card as partial payment for goods and
services and pay the remainder of the balance with another form of
legal tender. If you wish to conduct a split transaction and it is
permitted by the merchant, you must tell the merchant to charge only
the exact amount of funds available on the Card to the Card. You
must then arrange to pay the difference using another payment
method. Some merchants may require payment for the remaining
balance in cash. If you fail to inform the merchant that you would like
to complete a split transaction prior to swiping your Card, your Card is
likely to be declined.
If you use your Card at an automated fuel dispenser (“pay at the
pump”), the merchant may preauthorize the transaction amount up to
$100.00 or more. If your Card is declined, even though you have
sufficient funds available, pay for your purchase inside with the
cashier. If you use your Card at a restaurant, a hotel, for a car rental
purchase, or for similar purchases, the merchant may preauthorize
the transaction amount for the purchase amount plus up to 20% or
more to ensure there are sufficient funds available to cover tips or
incidental expenses incurred. Any preauthorization amount will place
a “hold” on your available funds until the merchant sends us the final
payment amount of your purchase. Once the final payment amount is
received, the preauthorization amount on hold will be removed. It
may take up to seven (7) days for the hold to be removed. During the
hold period, you will not have access to the preauthorized amount.
If you use your Card number without presenting your Card (such as
for a mail order, telephone, or Internet purchase), the legal effect will
be the same as if you used the Card itself. For security reasons, we
may limit the amount or number of transactions you can make on your
Card. Your Card cannot be redeemed for cash. You may not use
your Card for online gambling or any illegal transaction.
Each time you use your Card, you authorize us to reduce the value
available in your Card Account by the amount of the transaction and
any applicable fees. You are not allowed to exceed the available
amount in your Card Account through an individual transaction or a
series of transactions. Nevertheless, if a transaction exceeds the
balance of the funds available on your Card, you shall remain fully
liable to us for the amount of the transaction and any applicable fees.

You do not have the right to stop payment on any purchase or
payment transaction originated by use of your Card. You may not
make preauthorized regular payments from your Card Account. If you
authorize a transaction and then fail to make a purchase of that item
as planned, the approval may result in a hold for that amount of funds
for up to thirty (30) days. All transactions relating to car rentals may
result in a hold for that amount of funds for up to sixty (60) days.
Returns and Refunds
If you are entitled to a refund for any reason for goods or services
obtained with your Card, you agree to accept credits to your Card for
such refunds and agree to the refund policy of that merchant. If you
have a problem with a purchase that you made with your Card, or if
you have a dispute with the merchant, you must handle it directly with
the merchant.
Card Replacement
If you need to replace your Card for any reason, please contact us at
1-877-840-1083 to request a replacement Card. You will be required
to provide personal information which may include your Card number,
full name, transaction history, etc. There is a fee of $15.00 for
replacing your Card.
Charges Made In Foreign Currencies
If you obtain your funds or make a purchase in a currency other than
the currency in which your Card was issued, the amount deducted
from your funds will be converted by Visa U.S.A. Inc. into an amount
in the currency of your Card. The exchange rate between the
transaction currency and the billing currency used for processing
international transactions is a rate selected by Visa U.S.A. Inc. from
the range of rates available in wholesale currency markets for the
applicable central processing date, which may vary from the rate Visa
U.S.A. Inc. itself receives, or the government-mandated rate in effect
for the applicable central processing date. If you obtain your funds or
make a purchase in a currency other than the currency in which your
Card was issued, the Issuer may assess a foreign currency
conversion fee of 2% of the transaction amount and will retain this
amount as compensation for its services.
Receipts
You should get a receipt at the time you make a transaction using
your Card. You agree to retain, verify, and reconcile your transactions
and receipts.
Card Account Balance/Periodic Statements
You are responsible for keeping track of your Card Account available
balance. Merchants generally will not be able to determine your
available balance. It’s important to know your available balance
before making any transaction. You may access your available
balance by accessing your Card Account online or by calling the
number on the back of your Card. Statements in electronic format will
be made available free of charge at the website provided by your
program sponsor during each month in which a transaction occurs.
You will not automatically receive paper statements. You may choose
to have a paper statement mailed to you by writing us each time at
Program Headquarters 1827 Walden Office Square, Suite 200,
Schaumburg, IL 60173. However, there is a fee for this service.
Fee Schedule
All fee amounts will be withdrawn from your Card Account and
will be assessed as long as there is a remaining balance on your
Card Account, except where prohibited by law. Anytime your
remaining Card Account balance is less than the fee amount
being assessed, the balance of your Card Account will be
applied to the fee amount.


Enrollment Fee:


ATM Balance Inquiry, Decline
or Failed Transaction (U.S.) Fee:

$FREE
$0.50 per transaction*



Over the Counter Fee:


Domestic ATM Cash Withdrawal
Fee:


International ATM Cash
Withdrawal Fee:


PIN-based POS Transactions
Fee (U.S.):


PIN-based POS Transactions
Fee (International):


PIN Change Fee:


Monthly Maintenance Fee:

$15.00 per transaction*

$10.00 per transaction*

Overdraft Fee:




Card Reissue Fee:




Express Delivery Fee:






Your Liability for Unauthorized Transfers

$1.50 per transaction
$1.00 per PIN change
$5.00 per month(see below)

Contact us at once if you believe your Card has been lost or stolen.
Telephoning is the best way to minimize your possible losses. If you
believe your Card has been lost or stolen, or that someone has
transferred or may transfer money from your Card Account without
your permission, call us at 1-877-840-1083. Under Visa U.S.A. Inc.
Operating Regulations, your liability for unauthorized Visa debit
transactions on your Card Account is $0.00 if you notify us within two
(2) business days and you are not grossly negligent or fraudulent in
the handling of your Card. If you notify us within two (2) business
days of any unauthorized transactions, you can lose no more than
$50.00 if someone used your Card without your permission. If you do
not notify us within two (2) business days after you learn of the loss or
theft of your Card and we can prove that we could have stopped
someone from using your Card without your permission if you had
promptly notified us, you could lose as much as $500.00.

Card Account Liquidation Fee:
Paper Statement Fee:

$30.00 charged for each
Transaction which exceeds
your available balance
$15.00 per Card when
your card is reissued or
replaced for any reason
$30.00 per Card when
express delivery is
requested
$15.00 charged if a check
is issued for funds on your
Card Account
$1.00 (per monthly
statement requested)

If you use an ATM not owned by us for any transaction, including a balance
inquiry, you may be charged a fee by the ATM operator even if you do not
complete a withdrawal. If you obtain cash from a bank teller, the bank may
charge a fee. This ATM fee or bank fee is a third party fee amount
assessed by the individual ATM operator or bank only and is not assessed
by us. This ATM fee or bank fee amount will be charged to your Card.*
* Fee applies to Card with cash access only.

Confidentiality
We may disclose information to third parties about your Card or the
transactions you make:
(1)
(2)
(3)
(4)
(5)

Where it is necessary for completing transactions;
In order to verify the existence and condition of your Card for a
third party, such as merchant;
In order to comply with government agency, court order, or
other legal reporting requirements;
If you give us your written permission; or
To our employees, auditors, affiliates, service providers, or
attorneys as needed.

Our Liability for Failure to Complete Transactions
If we do not properly complete a transaction from your Card on time or
in the correct amount according to our Agreement with you, we will be
liable for your losses or damages. However, there are some
exceptions. We will not be liable, for instance:
(1)
(2)
(3)
(4)
(5)
(6)
(7)

(9)

If circumstances beyond our control (such as fire, flood, or
computer or communication failure) prevent the completion of
the transaction, despite reasonable precautions that we have
taken; or
Any other exception stated in our Agreement with you.

$0.50 per transaction

A Monthly Maintenance Fee will be applied to a Card Account after three
hundred and sixty five (365) consecutive days of no financial activity. This
fee will be recurring each month unless the Card Account experiences
financial activity (not inclusive of fee activity) or the balance of the Card
Account is $0.00.



(8)

$2.00 per transaction*

If through no fault of ours, you do not have enough funds
available on your Card to complete the transaction;
If a merchant refuses to accept your Card;
If an ATM where you are making a cash withdrawal does not
have enough cash;
If an electronic terminal where you are making a transaction
does not operate properly, and you knew about the problem
when you initiated the transaction;
If access to your Card has been blocked after you reported your
Card lost or stolen;
If there is a hold or your funds are subject to legal process or
other encumbrance restricting their use;
If we have reason to believe the requested transaction is
unauthorized;

Also, if you become aware of and/or your statement shows
transactions that you did not make, notify us at once following the
procedures in the paragraph labeled “Information About Your Right to
Dispute Errors”. If you do not notify us in writing within sixty (60) days
after you become aware of the transaction and/or after the statement
was made available to you, you may not get back any value you lost
after the sixty (60) days if we can prove that we could have stopped
someone from taking the value if you had notified us in time and you
are grossly negligent or fraudulent in the handling of your Card. If
your Card has been lost or stolen, we will close your Card Account to
keep losses down.
Other Terms
Your Card and your obligations under this Agreement may not be
assigned. We may transfer our rights under this Agreement. Use of
your Card is subject to all applicable rules and customs of any
clearinghouse or other association involved in transactions. We do
not waive our rights by delaying or failing to exercise them at anytime.
If any provision of this Agreement shall be determined to be invalid or
unenforceable under any rule, law, or regulation of any governmental
agency, local, state, or federal, the validity or enforceability of any
other provision of this Agreement shall not be affected. This
Agreement will be governed by the law of the State of Delaware
except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement
at any time. You will be notified of any change in the manner
provided by applicable law prior to the effective date of the change.
However, if the change is made for security purposes, we can
implement such change without prior notice. We may cancel or
suspend your Card or this Agreement at any time. You may cancel
this Agreement by returning the Card to us. Your termination of this
Agreement will not affect any of our rights or your obligations arising
under this Agreement prior to termination.
In the event that your Card Account is cancelled, closed, or
terminated for any reason, you may request the unused balance to be
returned to you via a check to the mailing address we have in our
records. There is a fee for this service. The Issuer reserves the right
to refuse to return any unused balance amount less than $1.00.
Information About Your Right to Dispute Errors
In case of errors or questions about your electronic transactions, call
1-800-317-8847 or write to Cardholder Services, PO Box 5017, Sioux
Falls, SD 57117-5017 if you think your statement or receipt is wrong

or if you need more information about a transaction listed on the
statement or receipt. You must contact us no later than sixty (60)
days after the FIRST statement was made available to you on which
the problem or error appeared.
1.
2.
3.

Provide your name and Card number (if any).
Describe the error or the transaction you are unsure
about, and explain why you believe it is an error or why
you need more information.
Provide the dollar amount of the suspected error.

If you provide this information orally, we may require that you send
your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (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 forty-five (45) days to
investigate your complaint or question. If we decide to do this, we will
credit your Card within ten (10) business days for the amount you
think is in error, so that you will have the use of the money during the
time it takes to complete the investigation. If we ask you to put your
complaint or question in writing and you do not provide it within ten
(10) business days, we may not credit your Card. For errors involving
new Cards, POS transactions, or foreign-initiated transactions, we
may take up to ninety (90) days to investigate your complaint or
question. We will tell you the results within three (3) business days
after completing the investigation. If we decide that there was no
error, we will send you a written explanation. Copies of the
documents used in the investigation may be obtained by contacting us
at the phone number or address listed at the beginning of this section.

finances most effectively. For example, we collect information from
the following sources:
1.

2.
3.
4.

From you whether in writing on applications, by telephone,
electronically or by any other means. This information may
include your name, address, employment information, and
income;
Transactions with others or us. This information may
include your account balances, payment history and
account usage;
Consumer reporting agencies. This information may
include account information and information about your
creditworthiness and credit history; and,
Public sources. This information may include real estate
records and telephone numbers.

If you end your customer relationship with us or become an inactive
customer, we will treat the information we have about you as if you
were still our customer.
Responsible use of information provides customer benefits.
The information we collect provides significant benefits to you, our
customer. This information:
1.
2.
3.
4.

Enables us to better understand your financial needs;
Assists us as we improve products and enhance customer
service;
Allows us to comply with laws and regulations; and
Helps us protect you against fraud.

English Language Controls

We will maintain accurate information about you.

Any translation of this Agreement is provided for your convenience.
The meanings of terms, conditions and representations herein are
subject to definitions and interpretations in the English language. Any
translation provided may not accurately represent the information in
the original English.

We continually strive to maintain complete and accurate information
about you and your accounts. Should you ever believe that our
records contain inaccurate or incomplete information about you,
please call us at 1-877-554-2339. We will investigate your concerns
and correct any inaccuracies.

Customer Service

We will maintain a security program to protect your information.

For customer service or additional information regarding your Card,
please contact us at:

We are committed to the security of your financial and personal
information. We safeguard information according to established
security standards and procedures, and we continually assess new
technology for protecting information. We restrict access of personal
information about you to those employees who need to know that
information to provide products or services to you. Our employees are
trained to understand and comply with these information principles.
We maintain physical, electronic, and procedural safeguards that
comply with federal regulations to guard your non-public personal
information. You may view our Security policy on our website which
provides additional detail.

Program Headquarters
1827 Walden Office Square, Suite 200
Schaumburg, IL 60173
This Cardholder Agreement is effective 07/2010.
OUR PRIVACY NOTICE
Your Prepaid Visa Card account is operated by The Bancorp Bank
and subscribes to The Bancorp Bank’s privacy policy.
The Bancorp Bank values each and every customer relationship.
Customers such as you have entrusted us not only with your finances,
but also with your personal information. To protect and maintain this
relationship, we’ve adopted a privacy policy to maintain the
confidentiality of the information you have shared with us.
We recognize your expectations for the responsible use and
protection of your information and your right to privacy. To this end,
The Bancorp Bank will maintain standards to reasonably ensure that
your information is private and secure at all times. This notice will
describe how your information is used, protected, and the benefits
such use provides to you.

Restrictions on disclosing your personal account information to
outsiders.
We will not share your confidential information with any company or
third party except as required or permitted by law. This means, for
example, that we can disclose your confidential information:
•

•

How we use, collect, and retain information about you.
Your relationship is important to us and we’re committed to providing
you with the best service possible. To do that, we gather information
from a variety of sources to keep you informed about the many
financial services, products, and benefits available to you as a The
Bancorp Bank customer and to provide you the ability to manage your

•
•
•

To third parties that help us provide products or services
to you, such as companies that print your checks, data
processors that work for the Bank, mail companies, or
software vendors;
To third parties that assist us in marketing accounts and
services; to other financial institutions with which we have
joint marketing agreements to enhance our financial
product or service offerings;
To investors or other financial institutions that purchase
loans from us;
To consumer reporting agencies;
To third parties that process or service a financial product,
service or transaction that you requested or authorized;



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