Agreement
 
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

Card Fee*   $4.99
Monthly Account Fee   $4.99
ATM Withdrawal   $1.00
ATM Withdrawal, AllPoint Network   $1.25
ATM Withdrawal Decline   $0.50
ATM Balance Inquiry    $0.50
Point of Sale Purchase, Denial or Return, each   $0.45
International Point of Sale Purchase, Denial or Return   $1.00
Overdraft Fee, each   $2.00
International ATM Withdrawal   $2.50
International ATM Withdrawal Decline   $1.50
International ATM Balance Inquiry   $1.50
Card to Bank Account Transfer   $1.00
Printed Monthly Statement   $1.00
Online Statement   N/C
Account Access via Toll-free 800#   N/C
Long Distance Domestic   $0.169/minute

*Card Fee is for original card order only; other charges may apply for replacement cards and rush orders.