CARDHOLDER AGREEMENT

Please read this Agreement carefully and keep it for future reference .

1.  Terms and Conditions for the Prepaid MasterCard® Card
 
This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which a Prepaid MasterCard Card has been issued to you.  By accepting and using this card, you agree to be bound by the terms and conditions contained in this Agreement.  In this Agreement, “Card” means the Prepaid MasterCard Card issued to you by Monterey County Bank.  “You” and “your” means 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” means Monterey County Bank, its successors, affiliates or assignees.  You agree to sign the back of the Card immediately upon receipt.  The Card will remain the property of Monterey County Bank 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.
 
2.  Definitions
 
The Card is a prepaid card. The Card allows you to access funds you place on the Card.  The Card is not connected in any way to any other account. You will not receive any interest on your funds on the Card. This Card is NOT a credit card.
 
Authorized Users
Only you are authorized to use this card. Do not let others use your card nor disclose your Access Code or PIN to others.   If you do, you are liable for all charges made by those persons.  You are responsible for all charges and fees incurred by any other person you have allowed to use your card.  You are wholly responsible for the use of each Card according to the terms of this Agreement.
 
Personal Identification Number (“PIN”)
We will receive confidential PIN by mail, approximately three (3) days after your received your card, which will enable you to identify yourself when using your Card. Your PIN is a security feature that functions as your signature, identifying you as the proper user of the Card and authorizing any transactions that you make via the Card. You shall not reveal the PIN to unauthorized users of the Card and you assume full responsibility for any and all transactions made by such unauthorized users. If you voluntarily give your Card and/or PIN to another person, you have authorized such person to use your Card and access your Funds, and you will be responsible for their use of your Card.  All ATM transactions are treated as Cash withdrawal transactions.  You should not write or keep your PIN with your Card.  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.”
 
Periodic Fees
A monthly maintenance fee of $6.95 will be assessed each month after initial enrollment of the member.  Failure of a member to pay the monthly fee shall result in the cancellation of the Card. 
 
Loading Your Card
You may add funds, up to a maximum card balance value of $2,500,

(1) By depositing cash at any of the participating banks, with the use of customized deposit slips. There is an additional charge for this convenience. You can order your deposit slips and review additional charges by visiting www.debitcardsupport.com .

(2) By visiting www.supermoneyonline.com and using your existing U.S. based checking or savings account for moving funds to your card. There is a fee associated with loading your card. Please see "Fee Schedule" below.

Availability of Funds
Funds deposited using your existing checking or savings account through www.supermoneyonline.com may require at least seven business days to be available on your Card.  You may use your Card only to the extent that you have available Funds.  You can call 1.800.430.0672 or by visiting www.debitcardsupport.com to determine whether the transfer has occurred, to get your current card account balance and to review your transaction history.

Funds loaded to your card by making a cash deposit at one of the participating banks will be available on your card within 3 business days.

3. Using your Card: We offer the following array of services to Cardholders (“Cardholder Services”)
·      Automated Teller Machine (“ATM”) Services. (See 16. ATM Procedures for directions) You may use your Card at any ATM that bears the network brands that appear on the back of your Card or to inquire about the amount of Funds available to you.  You may use your card to withdraw up to $300.00 each business day at any participating ATM Machine or POS Terminal.  You may not exceed your available account balance. You may be denied the use of your Card if you (i) exceed the daily withdrawal limit, (ii) do not have adequate funds available in your account, or (iii) do not enter the correct PIN number.  Excessive attempts to exceed the number or dollar limits may result in the capture and retention of your Card by the ATM or merchant.
·      Merchant Services. You may use your Card to purchase goods and services at any retail or other establishment that displays the network brands that appear on the back of your Card.
·      Stop Payment. 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.
·      Split Transaction. Some merchants do not allow cardholders to conduct split transactions where you would use the card as partial payment for goods and services and paying the remainder of the balance with another form of legal tender.

If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. You may use your card to access cash at an Automated Teller Machine (ATM). You may not use your Card for any illegal transactions.

Each time you use your Card, you authorize us to reduce the value available on your Card Account by the amount of the transaction. You are not allowed to exceed the available amount on your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges.
 
4.  Foreign Transactions
 
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 MasterCard into an amount in the currency of your Card. MasterCard International will establish a currency conversion rate for this convenience. This percentage amount is independent of any amount taken by the Issuer in accordance with the following section of these Terms & Conditions.
 
If you obtain your funds in a currency other than the currency in which your Card was issued, the Issuer will increase the currency conversion rate (described in the immediately preceding section) by an additional 2% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by MasterCard International.
 
5.  Receipts
 
You should get a receipt at the time you make a transaction or obtain cash using your Card.  You agree to retain your receipt to verify your transactions. 
 
6.  Periodic Statements
 
Statements in electronic format will be made available at www.debitcardsupport.com during each month in which a transaction occurs.  You may choose to have a paper statement mailed to you for a $5.00 service fee per mailed statement.
 
7.  Fees and Charges
 
Fees applicable to your use of the Card are set forth on the attached Cardholder Schedule. Notice of a change in fees will be provided to the Cardholder via U.S. postal mail as required by law and through our customer service phone number and on our web site at least thirty (30) days prior to the effective date of such change.  Fees for other participating direct merchants and for other participating web sites may vary from the fee schedule in the Cardholder Schedule.
 
Confidentiality
We may disclose information to third parties about your Card or the transactions you make:
(1) Where it is necessary for completing transactions,
(2) In order to verify the existence and condition of your Card for a third party, such as merchant;
(3) In order to comply with government agency, court order, or other legal reporting requirements;
(4) If you give us your written permission, or
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed.
 
8.  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) If, through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
(2) If a merchant refuses to accept your Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) 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;
(5) If access to your Card has been blocked after you reported your Card lost or stolen;
(6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) 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;
(9) Any other exception stated in our Agreement with you.

9.  Your Liability for Unauthorized Transfers
 
Tell us AT ONCE if you believe your Card has been lost or stolen. Telephoning toll-free at 1.800.430.0672 or by visiting www.debitcardsupport.com is the best way of keeping your possible losses down. IF YOU BELIEVE THAT YOUR CARD HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR CARD ACCOUNT WITHOUT YOUR PERMISSION, CALL US TOLL FREE AT 1.800.430.0672 or by visiting www.debitcardsupport.com. IF YOU NOTIFY US WITHIN TWO (2) BUSINESS DAYS, YOU CAN LOSE NO MORE THAN $0 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 $50. Also, if your statement shows transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told 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.
 
10.  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 laws of the State of California except to the extent governed by federal law.
 
11.  Amendment
 
We may amend or change the terms 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.
 
12.  Information About Your Right to Dispute Errors
 
In case of errors or questions about your electronic transactions, call toll-free (800) 430-0672 or (818) 487-0672 if outside the U.S. or write to ., 5301 Laurel Canyon Blvd., #132, Valley Village, CA 91607 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 we have sent you the FIRST statement on which the problem or error appeared.
1.  Provide your name and Card number (if any).
2.  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.
3.  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, point-of-sale, 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:

    
     5301 Laurel Canyon Blvd., #132,
     Valley Village, CA 91607
     1.800.430.0672 toll-free
 
13.  Business Days
 
Our business days are Monday through Friday, 8:30 AM-5:00 PM, PST, with the exception of any state, federal or banking holidays.

14.  Fee Schedule
 
Cardholder Services and Fee Schedule 
By utilizing the enclosed card, you agree to pay the fees associated with the services detailed below. Current fees are set out below. Fees are deducted from the available balance on your card account. You will be notified of any change in fees at least thirty (30) days prior to the effective date of the increase.

Application Fee:
A one-time Application Fee of $59.95 is included in your total initial charge and is a non-refundable charge.

* If your account remains inactive (no transactions are made) for ninety (90) days, you will be charged the $15 Monthly Inactive Account Fee, unless your card balance is $0 (or less) in which case your card will be automatically closed (cancelled). A fee may be charged to re-activate or re-issue a card, in the event it has been automatically closed due to inactivity.

You may not have a card balance value of more than $2,500 on your card. We will notify you of any change in the Transaction Limits as may be required by law.

You may close (cancel) your card at any time by notifying Customer Service. A Closure / Reimbursement fee of $15 will be charged to close your account and this closure fee includes the cost to reimburse any remaining funds that are due to you.

15. ATM Procedures: (Note: ATM owner terminal charge is additional if applicable even if the transaction were not completed.)

16. Point-of-Sale (P0S) Procedures:

17. Applicable Law, Court Proceedings, Damages, Arbitration.
This Agreement is governed by the laws of the State of California, irrespective of the choice-of-law provisions of any state. Nevertheless, if we are served garnishments, summons, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction. You agree that any legal action involving this Card or account must be brought in the County of Los Angeles, State of California, within one 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. In the event that the parties cannot resolve any disputed matter, then, both parties hereby agree to exclusively submit such disputed matter to binding arbitration in the County of Los Angeles, State of California, in accordance with the commercial arbitration rules of the American Arbitration Association.  If any legal action is brought to enforce or interpret this Agreement, the substantially prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in such action or proceeding from the other party, in addition to any other relief to which such prevailing party may be entitled.

18. Severability.
The invalidity of any provision of this Agreement shall not affect the validity of other provisions.

19. Assignment.
You may not assign, convey, subcontract, sell or transfer any of your rights or obligations with regard to the Card.  However, we may assign, convey, subcontract, sell or transfer any of our rights or obligations with regard to the Card.

20. ERROR RESOLUTION NOTICE
You agree to examine each statement and any Card information mailed or sent to your Internet address to discover any unauthorized entries or errors.  In Case of Errors or Questions About Your Electronic Transfers, go to our website and follow the error resolution procedures.

We will generally tell you the results of our investigation within 10 business days (5 business days for MasterCard Point-of-Sale transactions) 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 your account within 10 business days (5 business days for MasterCard Point-of-Sale transactions) for the amount you think is in error; so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days (5 business days for MasterCard Point-of-Sale transactions), we may not credit your account.

If an error involves an electronic fund transfer that was initiated outside the territories or possessions of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any subdivision of the above, or involves an electronic fund transfer resulting from a Point-of-Sale (POS) debit card transaction, the time periods for communicating the results of our investigation will be extended to 90 days instead of 45.

If an error involves an electronic fund transfer that occurred within 30 days after the initial funds are loaded to the Card, the time periods for communicating the results of our investigation will be extended to 20 business days instead of 10 business days and 90 days instead of 45 days.

If we decide that there was no error, we will send you a written explanation within three business days after completing our investigation.

You may ask for copies of the documents that we used in our investigation.

By not accepting these Terms and Conditions, you will not be able to enroll for the Card.

You may withdraw your acceptance and consent at any time, but if you do, we will immediately terminate your Card and refund any Card balance back to the Funding Account or by sending you a check in the mail.  Your withdrawal and subsequent termination of the Card may incur a cancellation fee that will be assessed to the Card prior to any refund.

By Activating Your Card, you acknowledge and agree that: