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Cardholder Agreement
IMPORTANT – PLEASE READ CAREFULLY
Terms and Conditions/Definitions for the Direct™ Vision Visa® Prepaid Card
Please read this Agreement carefully and keep it for future reference. This document
constitutes the agreement (“Agreement”) outlining the terms and conditions under which the
non-personalized Direct™ Vision 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 non-personalized Direct™ Vision
Prepaid Visa® Card issued to you by BankFirst, Sioux Falls, South Dakota. “Personalized Card”
means the personalized Direct™ Vision Prepaid Visa® Card you will receive upon successful
identification verification and approval*. “Issuer” means BankFirst. BankFirst 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
BankFirst, 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. The Card is a
prepaid card. 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 BankFirst 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 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.
*Obtaining Your Card:
The USA PATRIOT Act is a federal law that requires all financial institutions to obtain,
verify, and record information that identifies each person who opens a Card Account. What this
means for you: When you open a Card 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.
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 – Non-Personalized Card Only:
You may not request an additional Card for another person.
Secondary Cardholder – Personalized Card Only:
You may request an additional Card for another person. The maximum number of additional Cards
permitted is one (1). You must notify us to revoke permission for any person you previously
authorized to use the Card. If you notify us to revoke another person’s use of the Card, we may
revoke your Card and issue a new Card with a different number. If you opt to load cash to your Card
through the Western Union® load
network, you will be prevented from adding a secondary Card to your Card Account.
Personal Identification Number:
You will receive a Personal Identification Number (“PIN”) after you have activated your Card
through the Interactive Voice Recognition (“IVR”) system by calling the number on the back of your
Card or by accessing your personal Card Account at the website address located on the back of your
Card. 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.”
Cash Access:
With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”)
which bears the Visa® or STAR® brand. With your PIN, you may use your Card to obtain cash from any
Point-of-Sale (“POS”) device, as permissible by merchant, which bears the Visa®, Interlink®, or
STAR® brand. 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 $500.
The maximum cumulative amount that may be withdrawn from a participating bank (over the counter
withdrawal) per day is the available balance of your Card. Any funds withdrawn from a POS device
will be subject to the maximum amount that can be spent on your Card per day.
Activating/Loading Your Card – Non-Personalized Card Only:
Your non-personalized Card is active upon activation by the cashier at the
register. You will be asked to provide your name, U.S. street address, date of birth, and Social
Security number and will be required to pass an identification verification* to qualify for the
Personalized Card upon purchase of the non-personalized Card. If you do not pass identification
verification*, you will not receive a Personalized Card, but may use the funds you loaded on your
non-personalized Card. Once all funds are depleted on your non-personalized Card, the
non-personalized Card will be closed and no longer available for use. If you do not pass
identification verification* at the store, you will be asked to contact 1-866-630-2503 to provide
other information.
You may add funds to your non-personalized Card, called “value loading” a maximum of three (3)
times. The minimum amount of each initial value load on your non-personalized Card is $20. The
minimum amount of each value reload on your non-personalized Card is $20. The maximum amount of
each initial value load on your non-personalized Card is $500. The maximum amount of each value
reload on your non-personalized Card is $500. The maximum number of times you may load your
non-personalized Card per day is two (2). You may add value or load your non-personalized Card with
cash, credit card or debit card via the PreCash® load network, the Western Union load network, the
Visa ReadyLink load network and the PayXone™ load network. You may also load your non-personalized
Card via PayPal®, direct deposit, bank wire transfer, or ACH from a checking or savings account.
You may find load network locations and loading instructions by visiting
www.direct-general.com or by calling
1-866-630-2503.
Loading Your Card –Personalized Card Only:
If you receive a Personalized Card, any remaining balance on your non-personalized Card will
be transferred to your Personalized Card and the non-personalized Card will be closed and no longer
available for use. You may add funds to your Personalized Card, called “value loading”, at any
time. The minimum amount of each initial value load is $20. The minimum amount of each value reload
is $20. The maximum amount of each
initial value load is $2,500. The maximum amount of each value reload is $2,500. The maximum
number of times you may load your Personalized Card per day is two (2). You may add value or load
your Personalized Card with cash, credit card or debit card via the PreCash® load network, the
Western Union load network, the Visa ReadyLink load network and the PayXone™ load network. You may
also load your Personalized Card via PayPal®, direct deposit, bank wire transfer, or ACH from a
checking or savings account. You may find load network locations and loading instructions by
visiting
www.direct-general.com or by calling
1-866-630-2503.
a) If you use the PreCash, Visa ReadyLink or PayXone load networks, the maximum amount of
each initial value load is $999. The maximum amount of each value reload is $999.
b) If you use the Western Union load network, some of your Personalized Card features
are not available to you.
1. The maximum amount of each initial value load is $950.
2. The maximum amount of each value reload is $950.
3. You will not be able to have a secondary Personalized Card.
4. You are limited to ten (10) loads per calendar month (not including direct
deposit).
Direct Deposit Account
Your prepaid Card Account and associated direct deposit account number cannot be used for
preauthorized direct debits from merchants or from utility or Internet service providers. If
presented for payment, these preauthorized direct debits will be declined and your payment to the
merchant or provider will not be processed. The bank routing number and direct deposit account
number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are
not authorized to provide this bank routing number and direct deposit account number to anyone
other than your employer or payer.
Using Your Card/Features
The maximum amount that can be spent on your non-personalized Card per day is $2,000. The
maximum value of your non-personalized Card is restricted to $2,000. The maximum amount that can be
spent on your personalized Card per day is $2,500. The maximum value of your personalized Card is
restricted to $2,500. You may use your Card to purchase or lease goods or services wherever Visa
debit cards, Interlink cards, or STAR 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 paying the
remainder of the balance with another form of legal tender.
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 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 on 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.
Overdraft Feature – Personalized Card Only:
If you attempt to use your Personalized Card for more than the current available balance in
your Card Account, we may refuse to authorize the transaction. However, you may qualify for an
overdraft feature. You must opt-in to this overdraft feature and it is subject to our approval.
Upon qualification, your Card Account will be charged a one-time $5.95 Participation Fee. When you
overdraft your Card Account, you will receive one (1) overdraft advance of $50 with a $15 Overdraft
Fee applied. You must pay the total overdraft amount, including fees, within twenty (20) days from
the date of your overdraft or you will be assessed a Late Charge of $3 per day commencing on the
first day that you are late. You are allowed one (1) overdraft at a time, which must be repaid
before any additional overdraft is allowed. Your Card Account may be suspended or canceled at any
time if you do not repay the overdraft amount in a timely fashion. We reserve the right to decline
any overdraft transaction. We reserve the right to cancel the overdraft feature at any time. We
encourage you to make careful records and practice good Card Account management.
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.
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 3% 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 your receipts to verify your transactions.
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 1-866-630-2503. Statements in electronic format will be made
available free of charge at
www.direct-general.com during each month in which a
transaction occurs. You may access this electronic statement at any time. You will not
automatically receive paper statements. You may choose to have a paper statement mailed to you by
contacting us each time at 1-866-630-2503. However, there is a fee for this service.
Fee Schedule
All fee amounts may 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. The Fee Schedule can be found in a separate insert that was
mailed with your Card.
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.
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; or
(9) Any other exception stated in our Agreement with you.
Your Liability for Unauthorized Transfers
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 1-866-630-2503. Under Visa U.S.A. Operating Regulations, your liability for unauthorized
Visa transactions on your Card Account is $0 if you notify us promptly and you are not grossly
negligent or fraudulent in the handling of your Card. If you notify us within two (2) business
days, you can lose no more than $50 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. Also, if you become aware of and/or your
statement shows transactions that you did not make, notify us at once. If you do not notify us
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 South Dakota 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. We reserve the
right to cancel your Card without notice, if there is no activity within sixty (60) days. If your
Card is canceled due to inactivity, you may call the number on the back of your Card to reactivate.
Inactivity is defined as a zero or negative Card Account balance and no value loads, no purchase
activity or cash withdrawals performed for sixty (60) consecutive days. This does not include fee
charges. Your Card will be charged a monthly Inactivity Fee after this period of inactivity. 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 electronic transactions, call
1-866-630-2503 or write to Cardholder Services, PO Box 71402, Salt Lake City, UT 84171 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. 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, 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.
English Language Controls
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.
Customer Service
For customer service or additional information regarding your Card, please contact us at:
Direct Vision Visa Card
PO Box 71402
Salt Lake City, UT 84171
1-866-630-2503
Revision Date (08/2007)
BankFirst PRIVACY NOTICE
We are committed to providing you quality products and services while protecting your privacy
and security. This Privacy Notice explains what information we collect about you, with whom we
share it, and when you can direct us not to share certain information with certain parties.
Privacy Practices of Third Parties
We are not responsible for the privacy policies or practices of any non-affiliated third
party. We encourage you to review their privacy policy before providing them with any personally
identifiable information. Third parties may collect and use information about you in a way that is
different from this Notice.
Who “We” Are
In this Privacy Notice, we, us or our mean:
Marshall BankFirst Corp. - a bank holding company and the following wholly owned
subsidiaries:
Marshall Bank, N.A.—a nationally chartered bank
Marshall Business Credit, LLC – a subsidiary of Marshall Bank, N.A.
BankFirst—a South Dakota state chartered bank
We have affiliated companies, under common ownership. The following companies are our
affiliates:
The Marshall Group, Inc. Marshall Investments Corporation
Marshall Real Estate Corporation Marshall Capital Corporation
Marshall Financial, Inc. PMC Investments, LLC
Marshall Financial Holdings, LLC Marshall Financial Group, LLC
Marshall Funding, LLC Marshall Capital Partners, LLC
We have combined our Privacy Notice because you may be a customer of more than one entity.
Who “You” Are
This Privacy Notice will apply to you if you are a consumer who has a continuing
relationship with one or more of us. A consumer is a natural person (not a corporation or other
legal entity) whose account covered by this Notice is established for personal, family or household
purposes (as opposed to a business purpose).
If you have a joint account with us, you should share this Notice with the persons who share
your account. They may not receive a separate Notice. If you have more than one account with us,
you may only receive one copy of this Notice. The practices described in this Notice also apply to
our former customers.
What “Information” Is
The term
information as used in this Privacy Notice means
non-public personal information. This is a legal term which generally means:
a) Information that can identify you such as your name, address or social security number,
b) that is not publicly available, and
c) that we collect in connection with providing a financial product or service to
you.
Our Information Collection Practices
In order to provide you with quality products or services, we collect and maintain
information about you. This includes personal and financial information which is generally not
available to the public. We get this type of information from various sources, including:
• Information you provide to us on applications or other forms, whether in person, by
mail, over the telephone or via the Internet. This information may include, for example, your name,
address, social security number, and date of birth.
• Information we learn through your financial transactions with us. This may include
information on your account balance, transaction history, and account usage.
• Information we receive from a credit reporting agency (credit bureau), if applicable.
This may include your credit score and credit history.
• Information we receive from our affiliates and from non-affiliated third parties,
relating to their transaction experience with you.
Information We Share with Affiliates
We may share information derived from transactions we conduct on your behalf with affiliates.Under Federal
law, you may not opt-out of disclosure of this information. We may also share
information you provide directly to us on applications or forms, or information we receive from
credit reporting agencies or other companies, related to your credit worthiness or payment history.You may opt-out of the disclosure of this information as described below.
Information We Share with Service Providers and Joint Marketers
We may disclose information we collect from you to companies and affiliates that perform
services on our behalf such as preparing and mailing monthly statements or responding to customer
inquiries. We may also provide other information obtained from you , except for information from
consumer reporting agencies, to companies and affiliates who perform marketing services for us or
to other financial institutions with which we have joint marketing agreements.
You may not opt-out of the disclosure of this information.
Information We Share with Non-Affiliated Third Parties
We do not disclose any information about you to non-affiliated third parties, except as
permitted by law.
Our Data Security Procedures
We restrict access to non-public personal information about you to those persons who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards to guard your non-public personal information.
Changes to this Notice
We may make changes to this Privacy Notice at any time. If we do, we will provide you with a
notice of such changes as required by law. This Notice replaces any other previous Privacy Notice
about our customer information sharing practices.
Compliance with State Law
We will comply with more restrictive state laws to the extent that they apply to us.
Opt-Out Procedures
If you prefer that we not disclose non-public personal information about you with affiliates,
you may opt-out of those disclosures (other than disclosures permitted by law) by calling us at
1-877-554-2339. Please allow several weeks for your opt-out request to take effect. Your election
to opt-out will remain in effect until revoked by you in writing. Please understand that even if
you choose to opt-out, we may continue to share your non-public personal information with
affiliates and certain non-affiliated third parties as permitted by applicable law.
For More Information
If you have questions regarding the information contained in this Notice, please
contact us at: 1-877-554-2339
© BankFirst, July 2007 Member FDIC
PRECASH, INC. PRIVACY POLICY
At PreCash, Inc. we value your trust and respect your privacy. This Notice applies to our
existing and former customers, meaning individuals who obtain a financial product or service from
us primarily for consumer (personal, family or household) purposes. “Personal information” refers
to most nonpublic personally identifiable financial information about you, but does not include
information that is available from public sources, such as telephone directories or government
records.
Collection, Use and Retention of Information About You
We collect personal information about you from the following sources:
• Information we receive from you on applications and other forms;
• Information about your transactions with us, our affiliates or others; and
• Information we receive from consumer reporting agencies and other lawful sources.
Disclosure of Information
We disclose personal information about you or our former customers as permitted by law.
Examples of what is permitted by law include: disclosing personal information to affiliated or
nonaffiliated companies if it is necessary or helpful in completing a transaction; to report to
consumer reporting agencies; to comply with government or court orders; to report an apparent
crime; or if you give us your consent.
Marketing Disclosures
We also may disclose all of the information we collect, as described above, to companies that
perform marketing services on our behalf. The third parties sign agreements with us that contain
confidentiality provisions.
The Security of Account Information
We restrict access to personal information about you to our employees and agents
who have a need to know such information. We maintain physical, electronic, and procedural
safeguards that comply with federal standards to guard your personal information.
Changes to this Notice
We may amend this Notice from time to time and will notify you of any amendments if required
by applicable law.
Questions
If you have any questions regarding this Notice, you can contact us at:
PreCash, Inc.
Attn: Customer Service – Privacy Policy
1800 West Loop South, Suite 1400
Houston, Texas 77027
Telephone: 1-801-924-1755 (toll free)
Website:
www.precash.com
State - Specific Requirements
Texas
After first contacting PreCash, Inc., if you still have an unresolved complaint regarding our
money transmission activities, please direct your complaint to:
Texas Department of Banking
2601 North Lamar Boulevard
Austin, Texas 78705
Telephone: 1-877-276-5554 (toll free)
Website:
www.banking.state.tx.us. |
