| These are your PayLynk Visa Card
Terms and Conditions. Please read
it carefully and keep them for your
records. Sign your card immediately.
By accepting and using your card you
agree to the terms and conditions
of this agreement. The Cardholder
Terms and Conditions are the agreement
between you and us with respect to
our issuance and your use of the PayLynk
Visa Card. In this Agreement, "PayLynk
Visa Card" or "Card"
means the PayLynk Visa Card issued
by Palm Desert National Bank (PDNB).
"You" and "Your"
mean the program participant to whom
we issue a PayLynk Card. "We",
"Us" and "Our"
mean PDNB, our successors, affiliates,
or assignees.
This Card is not a credit card;
it is a prepaid debit card. The
card allows you to access funds
you place on the card. You will
not receive any interest on your
funds on the card. With the Card,
you can withdraw cash from Visa
ATMs or ATMs with any of the logos
displayed on the back of the card
and pay for purchases at participating
Debit Visa or other participating
network merchants in accordance
with the terms and conditions of
this agreement. We may not authorize
the transaction using your Card
if it exceeds the amount available
on the Card. This Card is our property,
is nontransferable, and we may revoke
the Card at any time without cause
or notice. You must surrender a
revoked Card and you may not use
an expired or revoked Card. You
are required to notify us promptly
if the Card is lost or stolen. Applicable
federal law and the rules and regulations
of the Federal Reserve Board shall
govern this agreement. To the extent
federal law is not applicable, the
laws of the State of California
shall govern this Agreement. In
the event of any conflict between
the provisions of this agreement
and any applicable law or regulation,
this agreement shall be deemed modified
to the extent necessary to comply
with such law or regulation. We
may waive any of the provisions
or conditions of this agreement,
but any such waiver shall be effective
only on that occasion and shall
not be construed as a continuing
waiver of the waived term on any
other occasion.
Section 1.CONTACT INFORMATION
If you believe your Card has been
lost or stolen or that someone has
accessed or may access money from
your Card without your permission,
CALL US AT ONCE AT 1-800-385-1911.
Calling us is the best way to limit
your possible losses. We can be
contacted by phone at 1-800-535-1916
or by mail at the address listed
below or email us via our web site
www.paylynk.com. Our business hours
are 24 hours a day, 7 days a week.
GENERAL INQUIRIES
C/O Lynk Systems, Inc.
PO Box 21 600 Morgan Falls Road
Atlanta, GA 30350
Attn.: CashLynk/PayLynk General
Inquiries
Section 2.USING YOUR CARD
You may use your Card only after
activation and selection of a Personal
Identification Number (PIN). Using
your Card and selected PIN, you
may withdraw cash from any participating
network ATM worldwide. You may also
use your Card to purchase goods
and services at participating merchants
who accept Debit Visa. You may change
your PIN, check your balance and
transaction activity, through our
Interactive Voice Response (IVR)
system, 1-800-535-1916 or web site,
www.paylynk.com.
The Card and PIN are provided for
your use and protection, and you
will:
(a)not disclose the PIN nor record
it on the Card or otherwise make
it available to anyone else;
(b)be liable for transactions made
by someone you have given your card
to;
(c)promptly notify us of any loss
or theft of the Card or PIN; and
(d)be liable for the Card and the
PIN and for their authorized use
Any entity honoring your Card may
be required to obtain approval or
authorization for any transaction.
The balance available for authorizing
transactions with your Card is the
lesser of your available balance
or any dollar limitation disclosed
for the transaction being performed.
You may use your Card only in the
manner and for the purposes authorized
by this Agreement. We may restrict
access to your Card if we notice
suspicious transaction activity.
Access will be reinstated once we
have contacted you and resolved
any concerns regarding the authorized
use of your Card. You are responsible
for all authorized transactions
initiated by use of your Card.
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 not use your Card for any
illegal transaction.
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.
Section 3.FEES AND SERVICES
The Fees in Exhibit A apply upon
activation and usage of your Card
or receipt of your Card at your
request. Your Card may also be terminated
for attempting to use your Card
with no available funds. It is your
responsibility to ensure that there
are sufficient funds available for
the transactions you are attempting.
Card Activation and PIN Selection
You can activate your Card by calling
toll-free 1-800-477-5965. Upon activation,
you will be prompted to select a
PIN. You will need your PIN to access
cash from ATMs. Be sure to choose
a PIN that while easy for you to
remember may be difficult for someone
else to guess. Your PIN will become
active immediately.
ATM Usage
The balance of prepaid funds available
on your Card limits your use of
the Card for withdrawals of cash
from ATMs. Therefore, you agree
not to make withdrawals that exceed
the balance available on your Card.
Upon any withdrawal of cash from
an ATM, the amount available on
your Card shall be reduced by the
amount of such withdrawal.
Foreign Transactions
If you obtain your funds (or make
a purchase) in a currency other
than the currency in which your
Card was issued, the amount deducted
from your funds will be converted
by Visa into an amount in the currency
of your Card. Visa will establish
a currency conversion rate for this
convenience. This percentage amount
is independent of any amount taken
by the Issuer in accordance with
the following section of these Terms
& Conditions.
If you obtain your funds in a currency
other than the currency in which
your Card was issued, the Issuer
will increase the currency conversion
rate (described in the immediately
preceding section) by an additional
3% and will retain this amount as
compensation for its services. This
charge is independent of the currency
conversion rate established by Visa.
POS Usage
You may use your Card to pay for
purchases at retail establishments
that have agreed to accept the Card
and that can process Debit Visa
or other participating network transactions.
The balance of prepaid funds available
on your Card limits your use of
the Card for purchases. Therefore,
you agree not to make purchases
that exceed the balance available
in your Card. When a purchase is
made, using your Card, the balance
available on your Card shall be
reduced by the amount of such purchase.
The use of your Card to purchase
goods and services constitutes a
simultaneous withdrawal from and/or
demand upon the value stored on
your Card, even though the transaction
may not actually be posted to your
Card until a later date. 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.
You do not have the right to stop
payment on any purchase transaction
originated by use of your Card.
You may not make preauthorized regular
payments through the use of the
Card. Some merchants may not accept
split transactions, for example,
paying part of the purchase with
the card and the balance with another
form of payment. Neither we, Visa
nor any processor are responsible
for any injury to you or to anyone
else caused by any goods or services
purchased or leased with your Card.
YOU ARE RESPONSIBLE FOR RESOLVING
ALL DISPUTES CONCERNING THE QUALITY
OF GOODS OR SERVICES PURCHASED FROM
THE MERCHANT THAT ACCEPTED YOUR
CARD.
Balance and Transaction Inquiries
You can review your Card balance
and transaction activity by calling
toll-free 1-800-535-1916 or by visiting
the Web site www.paylynk.com. This
information is available to you
24 hours a day, 7 days a week.
PIN Protection
You agree to take all necessary
steps to protect your PIN and never
disclose your PIN to anyone else.
ATM Surcharges
An ATM owner or operator may impose
a surcharge for your use of the
ATM. The amount of the surcharge
should be disclosed at the ATM.
Any such surcharge will be deducted
from the balance of your Card, along
with the amount of the withdrawal
performed at the ATM and the fees
that apply in accordance with exhibit
A.
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.
Section 4.DISCLOSURE OF
ACCOUNT INFORMATION TO THIRD PARTIES.
We will disclose information to
third parties about your Card or
the transfers you make:
·Where it is necessary for
completing the transaction; or
·In order to verify the existence
and condition of your card; or
·Where there has been unauthorized
use of your Card; or
·In order to comply with
government agency or court orders;
or
·If you give us permission;
or
·For analytical purposes;
or
·To our employees, auditors,
affiliates, service providers, attorneys
or collection agents in the course
of their duties or to protect you
or the interest of the PDNB and
Lynk Systems, Inc.
Section 5.TRANSFER DOCUMENTATION
Terminal Receipts You will get
a receipt at the time you use your
Card to make any withdrawal at an
ATM or any purchase at an electronic
POS terminal.
Periodic Statement Periodic statements
for the Card are available in electronic
format at www.paylynk.com and a
paper statement will be mailed.
The information will remain on the
Web site for a minimum of 90 days.
Section 6.OUR LIABILITY
If we do not complete a transfer
to or 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:
·If, through no fault of
ours, you do not have enough value
available on your Card Account to
complete the transaction;
·If a merchant refuses to
accept your Card;
·If an electronic terminal
where you are making a transaction
does not operate properly, and you
knew about the problem when you
initiated the transaction;
·If access to your Card has
been blocked after you reported
your Card lost or stolen;
·If we have reason to believe
the requested transaction is unauthorized;
·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;
·Any other exception stated
in our Agreement with you.
Section 7.ERROR RESOLUTION
In case of any errors or questions
about transactions from use of your
card: Call at 1-866-774-5965 or
write us at the address in section
1. If there are transactions on
your Card that you did not make,
tell us as soon as you can. We must
hear from you no later than sixty
(60) days after we communicated
the FIRST activity report on which
the problem or error appeared.
You must provide the following information:
·Your name and Card number.
·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.
·Tell us the dollar amount
of the suspected error. If you tell
us orally, we may require that you
send your complaint or question
in writing within ten (10) business
days. We will tell you the results
of our investigation within 10 business
days after we hear from you. If
we need more time, however, we may
take up to 45 days (or 90 days for
transactions initiated outside of
the United States), if a point of
sale transaction was involved, or
if the transaction was from an account
and the transaction occurred within
30 days after the first deposit
to the account was made to investigate
your complaint or question. If we
decide to do this, we will re-credit
your account within 10 business
days (20 business days for transactions
from an account made within 30 days
after the first deposit to the account
was made) for the amount you think
is in error, so that you will have
the use of the money during the
time it takes us to complete our
investigation. If we ask you to
put your complaint or question in
writing and we do not receive written
confirmation of your oral notice
within 10 business days, we will
not re-credit your account.
We will tell you the results of
our investigation within three (3)
business days after we finish 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.
Section 8.YOUR LIABILITY
Tell us AT ONCE if you believe your
Card has been lost or stolen. Telephoning
toll-free at 1-800-477-5965 is the
best way of keeping your possible
losses down. IF YOU BELIEVE THAT
YOUR CARD HAS BEEN STOLEN, OR THAT
SOMEONE HAS TRANSFERRED OR MAY TRANSFER
MONEY FROM YOUR CARD ACCOUNT WITHOUT
YOUR PERMISSION, CALL US TOLL FREE
AT 1-800-477-5965. IF YOU NOTIFY
US WITHIN TWO (2) BUSINESS DAYS,
YOU CAN LOSE NO MORE THAN $0 IF
SOMEONE USED YOUR CARD WITHOUT YOUR
PERMISSION. IF YOU DO NOT NOTIFY
US WITHIN TWO (2) BUSINESS DAYS
AFTER YOU LEARN OF THE LOSS OR THEFT
OF YOUR CARD AND WE CAN PROVE THAT
WE COULD HAVE STOPPED SOMEONE FROM
USING YOUR CARD WITHOUT YOUR PERMISSION
IF YOU HAD PROMPTLY NOTIFIED US,
YOU COULD LOSE AS MUCH AS $50. Also,
if your statement shows transactions
that you did not make, tell us at
once. If you do not tell us within
60 days after the statement was
made available to you, you may not
get back any money you lost after
the 60 days if we can prove that
we could have stopped someone from
taking the money if you had told
us in time and you are grossly negligent
or fraudulent in the handling of
your Card. If your Card has been
lost or stolen, we will close your
Card Account to keep losses down.
Section 9.AMENDMENT
We may change the terms of this
Agreement by giving you written
notice at least thirty (30) calendar
days prior to the effective date
of the change. However, if the change
is made for security purposes, we
can implement it without prior notice.
Notices are mailed to the address
that you provided. We are not responsible
for lack of notification or losses
resulting from your failure to notifying
us of any address changes or corrections.
Section 10.TERMINATION
We reserve the right to terminate
this Agreement or any of the services
that are described herein by giving
you written notice. You may, at
any time, terminate this Agreement,
or any of the services to which
you subscribe by giving us written
notice. Termination will not affect
any of our rights or your obligations
arising under this Agreement prior
to termination.
EXHIBIT A CARDHOLDER FEES
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