Myplash Teen Prepaid Mastercard

Cardholder Agreement for MYPLASH™ Teen Prepaid MasterCard® IMPORTANT – PLEASE READ CAREFULLY

This document constitutes the agreement (“Agreement”) outlining the terms and conditions including the Schedule of Fees and Charges under which the MYPLASH Teen Prepaid 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 MYPLASH Teen Prepaid Card issued to you by University National Bank pursuant to a license from MasterCard International Incorporated Network. “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.  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 MYPLASH, University National Bank, our successors, affiliates or assignees. “Business days” are Monday through Friday, excluding federal holidays.  Saturday, Sunday, and federal holidays are not considered business days, even if we are open.

The Card will remain the property of University National 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. Please read this Agreement carefully and keep it for future reference.

If you do not want to use the Card or you do not agree to these terms, do not use the Card (please destroy the Card at once by cutting it in half) and cancel the Card by calling us at 800-877-4934. 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 activate the Card or if you use or allow another person to activate and use the Card in doing so you are agreeing to the terms of this Agreement.

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.

Definitions

The Card is a prepaid card. The MYPLASH Teen Prepaid MasterCard program is designed for parents and teens (13-18) as well as any individual 18 years of age or older.  The Card allows you to access funds you place on the Card.  The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. You will not receive any interest on your funds on the Card.  The funds on your Card will be FDIC insured once your Card is registered. You may register your Card by going to www.MYPLASH.com.

If you are 18 or older and are getting a card for someone between the ages of 13 and 18 you are the “Account Owner” and the person under the age of 18 is the “Account Holder”.  The Account Holder may use the card as outlined in this agreement and the Account Owner accepts and agrees to the Terms and Conditions on behalf of the Account Holder.  If you are 18 or older and getting a card for your own personal use then you are the Account Owner and accept and agree to the Terms and Conditions.

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 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. We obtain this information in compliance with the USA Patriot Act which is a federal law that requires all financial institutions to verify and record data that identifies each person that opens an account.

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, the Card Owner, are at least 18 years of age (or 19 if you reside in a state where the age of majority is 19); (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.

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 pledge.

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, go online to www.MYPLASH.com/Activate or 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. MYPLASH may use this information to provide you with offers for its additional products and services. Information regarding our Privacy Policy is available at www.MYPLASH.com

Although no credit history is required to obtain a Card, you authorize MYPLASH 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.

Using Your Card

You may use your Card to purchase or lease goods or services wherever the Card is honored as long as you do not exceed the value available on your Card. You are responsible for all transactions initiated by use of your Card. If you permit someone else to use your Card we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use.

If you do not have enough value loaded on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card.  These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $75 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 forty-five (45) 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 or telephone 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 use your Card to access cash at an Automated Teller Machine (ATM). You may not use your Card for any illegal transactions, use at casinos, and any gambling activity.

Personal Identification Number (“PIN”):  We may, at our option, give you a Personalized Identification Number (“PIN”).  If we give you a PIN, you may use your Card, (i) to obtain Cash from any Automated Teller Machine (“ATM”) or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN, that bears the MasterCard, Maestro & Cirrus brand marks. 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.”

ATM withdrawal limits are defined by the ATM owner; however, the maximum daily ATM withdrawal for the MYPLASH Prepaid Card is $500 for each card issued. You should keep track of the amount of value loaded on Cards issued to you. You may call us at the Customer Service number shown on your Card and listed below at any time to obtain the current value on your Card or check online at www.MYPLASH.com. To reach us, call toll-free 800-877-4934 for the balance.  Our Customer Service Agents are available 24 hours a day, 7 days a week including holidays.

Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card (creating a “negative balance”) you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges. We reserve the right to bill you for any negative balance together with a negative balance fee of $0.00. You agree to pay us promptly for the negative balance and any applicable negative balance fees. We also reserve the right to cancel this Card should you create one or more negative balances with your Card.

You do not have the right to stop payment on any purchase transaction originated by use of your Card. 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 ten (10) days.

Loading Your Card

You may add funds to your Card, called “value loading”, at any time.  The amount of each value load must be at least $10.00. You may value load your Card (a) 1 time a day (b) 4 times per week and (c) 10 times a month.  However, the maximum value load you may place on your Card when aggregated with any other Cards you have authorized is restricted to $2500.00. You agree to present the Card and meet identification requirements to complete load transactions as may be required from time to time. 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. 

Daily cash deposit limit: $500.00
Daily card funding frequency: 1 X 24HRS
Daily maximum funding limit per card for: $500.00
Maximum load amount via retail using Green Dot MoneyPak: $1000.00
Maximum load amount via ACH Bank Transfer, Card to Card Money Share, Card to Bank Transfer: $500.00
Maximum load amount via Credit Card / Debit Card: $50.00 per month for the first (1st) ninety (90) days and $250.00 per month thereafter.
Maximum load amount via Direct Deposit: $2500.00

Federal Payments: THE ONLY FEDERAL PAYMENTS THAT MAY BE DEPOSITED TO THIS CARD ARE FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY ACCOUNT OWNER.  If you have questions about this requirement, please call 800-877-4934.

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. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.  You are not entitled to a cash refund.

International Transaction Fee

If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by MasterCard International Incorporated into an amount in the currency of your Card. MasterCard International Incorporated will establish a currency conversion rate for this convenience using a rate selected by MasterCard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard International Incorporated itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the Issuer. 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 or country other than the currency or country in which your Card was issued, the Issuer may increase the currency conversion rate (described in the immediately preceding section) up to an additional 1% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by MasterCard International Incorporated.

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.

Periodic Statements

You agree to receive electronic periodic statements for your Card.  Electronic statements are made available each month at www.MYPLASH.com website. If you wish to receive a paper periodic statement instead of an electronic periodic statement, you may elect this option by writing to Customer Service, Business Address.  Please include your name, Card number and the request of: Paper Statement.  We will contact you at the information provided at the time of Card set-up for confirmation of requesting a paper statement.  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.  Statements in electronic format will be made available free of charge at www.MYPLASH.com during each month in which a transaction occurs. You may obtain information about the amount of money you have remaining in your card account by calling 800-877-4934. This information, along with a sixty (60) day history of card account transactions, is also available on-line at www.MYPLASH.com.

Fees and Charges

Description Fee Per
Purchase FREE Card
Monthly Fee (1) $4.95 Card
Replace Lost/Stolen $6.95 Card
POS Purchase or Online Purchase - US FREE Transaction
POS Purchase or Online Purchase - International (2) 2% Transaction
POS Purchase w/cash back - US FREE Transaction
POS Purchase w/cash back - International (3) 2% Transaction
POS Decline – US FREE Transaction
POS Decline - International FREE Transaction
ATM Transaction - US (4) $1.50 Transaction
ATM Transaction - International (5) $3.95 Transaction
ATM Balance Inquiry – US $0.75 Transaction
ATM Balance Inquiry – International $0.95 Transaction
ATM Decline – US FREE Transaction
ATM Decline – International FREE Transaction
MYPLASH Card to MYPLASH Card Money Share $0.50 Transaction
MYPLASH Card to Bank Transfer $0.50 Transaction
Bank (ACH Reload) to MYPLASH Card FREE Instance
Micro Bank Deposit Verification FREE Instance
Bill Pay (Electronic/US Only) $0.50 Transaction
Transaction Dispute (6) $15.00 Transaction
Retail or CC/Debit Card Load/Reload (7) $4.95 Instance
Direct Deposit Reload (8) FREE Instance
Text Message Alerts (9) FREE Instance
Email Message Alerts FREE Instance
Customer Service Request via Email FREE Instance
IVR Call FREE Instance
Live Customer Service Agent FREE Instance
PIN Generation/Change FREE Card
Check Refund $5.95 Instance
Expedited Card Delivery (2 to 3 business days) $25.00 Card
Inactive Card Account (10) $1.95 Card

(1) The “Monthly” Fee is charged the day the card is activated and registered with no “Purchase” fee and no “Activation” fee. The card account will be charged $4.95 on the anniversary date every month thereafter.  In addition if you do not activate and register the card the “Monthly” Fee of $4.95 will be charged on the 1st day of the month after reaching a minimum of 31 days after the card account is created.  Example: The card account is created online August 18th triggering the card to be sent via mail to the cardholder, the card account will be charged the $4.95 “Monthly” Fee on October 1st. 

(2) The “POS Purchase or Online Purchase - International” Fee is 2% of the total transaction amount.

(3) The “POS Purchase or Online Purchase - International” Fee is 2% of the total transaction amount.

(4) The “ATM Transaction” Fee of $1.50 is in addition to any “convenience fee” that the ATM owner may charge and will be added to the withdrawal amount.

(5) The “ATM Transaction” Fee of $3.95 is in addition to any “convenience fee” that the ATM owner may charge and will be added to the withdrawal amount.

(6) The “Transaction Dispute” Fee is ONLY charged if in fact the dispute is found to be fraudulent and deemed not valid.

(7) Load fees and amounts at retail locations may vary per retailer from $3.95 to $4.95.  At www.MYPLASH.com the card may be loaded via credit card/debit card one (1) time per month within the first ninety (90) days of creation of a new card account with a minimum amount of $10.00 and a maximum of $50.00.  This is to protect our cardholders against fraud and theft identity.  After the ninety (90) day period has expired and the credit card/debit card has successfully completed the verification process the cardholder will then have the ability to load the card (2) times a month with a minimum of $10.00 and a maximum of $250.00.  The total dollar amount of credit card/debit card loads in one (1) calendar month cannot exceed $250.00.  The maximum balance you may have on a card at any given time remains to be $2,500.00. 

(8) One (1) direct deposit a month enables the cardholder to receive one (1) free ATM Transactions (US only), two (2) free ATM Balance Inquiries (US only) and two (2) free card to card transfers a month.

(9) “Text Message Alerts” are free although your regular mobile carrier text messaging fees may still apply.

(10) The “Inactive Card Account” Fee will begin on the anniversary date after ninety (90) days of no activity on the cardholder’s account and will be charged monthly until (a) the cardholder loads the card with the required minimum load of $10.00 or (b) there is activity on the card or (c) the card hits a zero ($0.00) balance.

Information Given to Third Parties.  We may disclose information (including personally identifiable information) to third parties about you, the Card, your 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 Card account or perform data processing, records management, collections, and other 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 for 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 operating 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 the 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 transactions, whether such transactions 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.

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 refuses 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 your 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 MYPLASH 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 MYPLAH is incorrect or incomplete;
i) If an employee of a “load network” did not properly transmit information to MYPLASH
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 for certain direct deposits to be accepted into your account.
• Preauthorized Debits:  You may make arrangements to pay for certain recurring bills from your account.

Electronic Fund Transfers Initiated by Third Parties.  You may authorize a third party to initiate electronic funds transfers between your account and the third party’s account. Transfers to make or receive payment may be one time occurrences or may recur as directed by you.  These transfers may use the Automated Clearing House (ACH) or other payments network.  Your authorization to the third party to make these transfers can occur in a number of ways. 

Telephone Transfers:  You may access your account(s) by telephone at 800-877-4934 using a touch tone phone, your account number(s) and your personal identification number.

ATM Activity:  You may access your account(s) by ATM by using your Card and PIN to:
• Make cash withdrawals from your account.  You may withdraw no more than $500.00 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.MYPLASH.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 MYPLASH as soon as you can at 800-877-4934, or write to 4080 Jenkins Road, Suite 200, Chattanooga, TN 37421 Customer Service, Business Address.  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 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 ask for copies of the documents that we used in our investigation.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

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 800-877-4934 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 of your Card or 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 or theft 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. If you are a consumer and your Card is a Payroll MasterCard Prepaid Card (embossed with your name) or Payroll MasterCard Payroll Card, you will not be liable for any loss if you notify us within two (2) business days of the loss, theft or first unauthorized use and (i) we reasonably determine that such loss, theft or unauthorized use was not caused by your gross negligence or fraudulent action, and (ii) you have not reported more than two unauthorized uses of your Card within the last 12 months, and (iii) you have not derived a benefit from the unauthorized use of the Card.  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 had told us in time.  If a good reason (such as a long trip or a 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 purchases 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 your 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 800-877-4934, or write us at 4080 Jenkins Road, Suite 200, Chattanooga, TN 37421 Customer Service, Business, in time for us to 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 will be. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

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 or 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 be binding on you, your executors, administrators, and any permitted assigns.

Severability:

If any of the terms in this Agreement are invalid, changed by applicable law or declared invalid by order of the 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 NOREPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THECARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE.

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 from the U.S. Postal Service. You 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 accordance with this Agreement.

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 conversations to ensure that you receive accurate, courteous, and fair treatment. If you ask us to follow instructions that we believe might expose us to any claim, liability, or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. You agree to be liable to us, to the extent permitted by law, for 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 and a sub-account owner, or a third party claiming an interest in your Card Account. It also includes situations where any action taken on your 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 your estate, heirs and legal representatives, who shall be liable for any claims 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 to 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 this Agreement in all other respects shall remain valid and enforceable

Amendment and Cancellation

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. 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.

Information About Your Right to Dispute Errors

In case of errors or questions about your Card transactions, call 800-877-4934 or write to 4080 Jenkins Road, Suite 200, Chattanooga, TN 37421 customer service 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 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: 800-877-4934.

Privacy and Data Protection

(i) Information We collect (“Cardholder Information”): (a) Information about purchases made with the Card, such as date of purchase, amount and place of purchase. (b) Information you provide to us when you apply for a Card, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number. (ii) Information Security:  Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information. (iii) Disclosure: We may use Cardholder Information to provide customer services, to process claims for lost or stolen Cards, to develop marketing programs, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services, including marketing services, on our behalf.  We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas.

University National Bank Privacy Notice What does University National Bank do with your Personal Information?

Financial Companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing.  Federal law also requires us to tell you how collect, share and protect your personal information.  Please read this notice carefully to understand what we do.
They types of personal information that we collect and share depend on the product or service you have with us.  This can include:
• Social Security Number and Date of Birth
• Address of Residence and Government Issued Identification Card
• Transaction History
When you are no longer our customer, we continue to share your information as described in this notice.
All Financial Companies need to share customers’ personal information to run their everyday business.  Below is a list of reasons Financial Companies can share information and if University National Bank shares this type of information. For the types of information we share, you cannot limit this type of sharing.
Reasons we can share your personal information
For our everyday business purposes- such as to process your transaction, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus. University National Bank shares this type of information.
For our marketing purposes- to offer our products and services to you. University National Bank shares this type of information.
For joint marketing with other financial companies. University National Bank shares this type of information.
For our affiliates’ everyday business purposes- information about your transactions and experiences. University National Bank shares this type of information.
For our affiliates’ everyday business purposes- information about your creditworthiness. University National Bank does not share this type of information.
For our affiliates to market to you. University National Bank does not share this type of information
For non affiliates to market to you. University National Bank does not share this type of information

How does University National Bank protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law.  These measures include computer safeguards and secured files and buildings.

How does University National Bank collect my personal information?

We collect personal information, for example, when you
• Open an account or deposit money
• Pay your bills or use your debit card
• Give us your contact information
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing?

Federal law gives you the right to limit only:
• Sharing for affiliates everyday business purposes- information about your creditworthiness,
• Affiliates from using your information to market to you,
• Sharing for non affiliates to market to you.
State laws and individual companies may give you additional rights to limit sharing.

Definitions

Affiliates Companies related by common ownership or control.  They can be financial and nonfinancial companies.
• University Financial Corp. dba Sunrise Community Banks.
• Franklin National Bank
• Park Midway Bank, NA
Non affiliates Companies not related by common ownership or control.  They can be financial or nonfinancial companies.  University National Bank does not share with nonaffiliates so they can market to you.
Joint Marketing A formal joint marketing agreement between non affiliated financial companies that together market financial products or services to you.  Our joint marketing partners include prepaid card companies.

Questions?  Please call 651-265-5600

Telephone Monitoring/Recording

From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

No Warranty Regarding Goods and Services

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

Arbitration

(a)  Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court. (b)  Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any Additional Cardholders designated by you; (ii) the amount of Available Funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card.  We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court. As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all Additional Cardholders. (c) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the National Arbitration Forum (“NAF”), Judicial Arbitration and Mediation Services (“JAMS”), or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration-forum.com; (ii) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org . (d) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.  EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
(e)  Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (f) Location of Arbitration/Payment of Fees:  Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. (g)  Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. (h) Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

NOTICE AND CONSENT REGARDING ELECTRONIC DELIVERY OF DISCLOSURES (E-SIGN)

This notice contains important information that you are entitled to receive before you consent to transact business with us electronically. Please read this notice carefully and print or download a copy for your files.
Description of Disclosures and Consent
We are required to provide certain disclosures to you in connection with the MYPLASH card enrollment contained on the MYPLASH website, as well as certain additional disclosures regarding the MYPLASH card issued by University National Bank (see back of card for issuing bank). By consenting to the electronic delivery of disclosures, you agree that we may, provide electronically any and all communications regarding the card enrollment and the opening of the card account (the “Disclosures”). These may include, in addition to other things, Disclosures pursuant to: the Equal Credit Opportunity Act and Regulation B; the Truth in Lending Act and Regulation Z; the Gramm-Leach-Bliley Act and Regulation P; and any other applicable federal, state or local law, or regulation. This consent applies to the receipt of electronic Disclosures with respect to this enrollment and the opening of the card account. This consent does not apply to any future transactions that may occur between us.

Paper Copies of Disclosures

To apply for and obtain a card account issued by University National Bank online (see back of card for issuing bank), you must agree to receive all information and disclosures regarding your card account electronically prior to submitting your enrollment. You agree to print out, download or otherwise store the Disclosures and other communications to keep for your records. If you consent to the electronic delivery of Disclosures, you may also receive a paper copy of any Disclosure provided to you electronically by writing us at 4080 Jenkins Road, Suite 200, Chattanooga, TN 37421 calling us at 800-877-4934. There is a fee for the paper copy.

Withdrawing Consent to Electronic Delivery

You may withdraw your consent by exiting this website without completing and submitting your enrollment for the MYPLASH card If at any time after your card account is opened you wish to withdraw Your Consent, you may do so by sending us your request in writing to: 4080 Jenkins Road, Suite 200, Chattanooga, TN 37421 or calling us at 800-877-4934. If you decide to withdraw Your Consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected. We also reserve the right to cancel this Card should you withdraw your consent.

Hardware and Software Requirements:

You must use a computer processor (CPU), monitor, modem with ISP access to the internet or direct-dial up accessibility and a printer capable of printing text screens or hard drive capable of storing data. In addition, you must use an internet browser software that supports 128-bit encryption and you will need required software, such as Adobe Acrobat Reader and Word. If you want to review additional information on the requirements for using this software and associated hardware requirements, go to www.adobe.com or www.microsoft.com

Procedures to Update Your Records

It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. Notify us of changes in such address by writing us at 4080 Jenkins Road, Suite 200, Chattanooga, TN 37421 or calling us at 800-877 4934.

CONSENT AND ACKNOWLEDGEMENT

By enrolling to the MYPLASH Program you acknowledge and agree that:1.  You have read the information about the use of electronic records to provide Disclosures and other communications, and the use of electronic signatures in connection with my enrollment and card account;
2.  You consent to the use of electronic records to provide Disclosures and electronic signatures in connection with my enrollment and card account in place of written documents and handwritten signatures.
3.  You are able to view this consent. You are also able to download and review files in Word and PDF format.
4.  You have a card account with an internet service provider and you are able to send e-mail and receive e-mail with hyperlinks to websites.
5.  You are consenting on behalf of all other co-applicants and co-owners of the card account. You are authorized to consent on their behalf.
6.  In completing the MYPLASH enrollment form, you are reasonably demonstrating that you can access the Disclosures in the form disclosed above.
This Card is issued by University National Bank. MasterCard is a registered mark of MasterCard International Incorporated.