Payment Card Terms And Conditions

These Payment Card Terms and Conditions (these “Terms and Conditions”) set forth the terms and conditions under which you may use the Payment Card to obtain cash and goods and services through point of sale (“POS”) transactions and automated teller machines (“ATMs”). The Payment Card is issued to you by CenterState Bank, NA (also referred to in these Terms and Conditions as “Bank,” “we” or “us”). In these Terms and Conditions, the words “you” and “your” refer to the person to whom the Payment Card is issued and any other person that you authorize to use the Payment Card.

You must sign the Payment Card before using it. By receiving and using the Payment Card, you agree with the Bank that the Payment Card, and the money or funds stored on the Payment Card, are subject to these Terms and Conditions.

The Payment Card is only offered to individuals over the age of 18 that can lawfully enter into and form contracts under applicable law, and by using the Payment Card you represent and warrant to the Bank that you are such an individual. The Bank in its sole discretion may refuse to issue the Payment Card to anyone for any reason.

1. Your Payment Card and Loading Value on the Card.

The Payment Card is a pre-paid, stored value card. This means that there is no separate deposit account established for you at the Bank that is associated with the Payment Card. There is a limited purpose stored value account at the Bank in which the funds that are stored on the Payment Card are maintained. You have no rights in those funds, except to access the funds through the Payment Card in accordance with these Terms and Conditions.

You may only access the funds in this stored value account with your Payment Card in accordance with these Terms and Conditions. You may not make any deposit, withdrawal or any other transaction with the Payment Card or the stored value account, except for the Payment Card transactions described in these Terms and Conditions.

The funds stored on the Payment Card or in the Bank’s related stored value account are FDIC-insured.

Your employer and other entities (“Entities”) that you instruct are responsible for providing the funds and instructing the Bank to load the amount of designated funds onto the Payment Card. Once the funds are loaded onto the Payment Card you may use the Payment Card for the type of transactions describe in these Terms and Conditions. These funds are available for your use as provided in these Terms and Conditions on the day on which we receive the funds, provided the funds are received before 2 pm. If the day on which we receive the funds is not a business day for us, the funds will be available to you by the opening of business on the next business day we are open. For purposes of these Terms and Conditions, our business days are any day that is not a Saturday, Sunday, or federal holiday.

The Bank does not pay any interest on the funds stored on the Payment Card. The Payment Card has no minimum balance requirements.

The amount of funds shown on the records of the Bank as stored on the Payment Card will be deemed the balance on the Payment Card, unless you can prove otherwise to us to our satisfaction in our sole discretion.

There is no credit line associated with your Payment Card. This means that you must have a sufficient balance of funds on the Payment Card at the time of a transaction in order to pay for the transaction and associated fees. If a merchant or an ATM operator attempts to submit a transaction on the Payment Card for an amount that is greater than the current balance on your Payment Card, the transaction may not be approved by the Bank. In the event that the Bank, in its sole discretion, settles or pays a transaction with your Payment Card when there are insufficient funds stored on the Payment Card to pay for the transaction, this will result in an overdraft on your Payment Card. You agree to pay the Bank the amount of the overdraft and any related fee. We may deduct the overdraft amount and related fee from your Payment Card.

You may choose to have a secondary or companion card that will have access to your Payment card funds. You agree that you are soley responsible for the secondary card and all transactions made using that card under the terms and agreements defined herein.

If you believe that a transaction has occurred in which you did not authorize, tell us at once. If you do not tell us within 60 days after the statement was sent by your elected choice (by If you believe your Card has been lost or stolen, call or write to us at the telephone number and address listed as follows:

Call toll free 1-888-621-1397, 24 hours a day, 7 days a week, or write to:

Cardholder Services
P.O. Box 551209
Ft. Lauderdale, FL 33355

or visit www.payment-card.com

2. Your Personal Identification Number/Signature on the Payment Card.

In order to protect the use of your Payment Card at ATM transactions and INTERLINK merchants, a personal identification number (“PIN”) will be required in order to conduct a transaction with your Payment Card where required. This PIN is provided to you at or around the time your Payment Card is activated. You should not disclose your PIN to anyone. If the security or confidentiality of your PIN is compromised, you should notify the Bank at once. A PIN may not be needed in order to purchase goods or services at merchant locations that accept VISA cards.

There is a panel on the back of the Payment Card for your signature. You should sign this panel on your Payment Card as soon as you receive it to help protect your Payment Card from unauthorized use. However, your responsibility for transactions with the Payment Card, as described in these Terms and Conditions, does not depend on whether or not you sign your Payment Card.

3. Role of Your Employer.

Your Employer is responsible for transferring funds directly or through the Automated Clearing House payment system to the Bank to load onto your Payment Card. The Bank has no obligation to you in the event your employer delays in providing or fails to provide funds to fund your Payment Card.

You may instruct other Entities to transfer funds onto your Payment Card by providing them with your bank routing and transit number and account number and having them use an electronic credit sent to the Bank through the Automated Clearing House payment system. These funds must be received as “good funds” before value will be added to your Payment Card.

You will access your statements through www.payment-card.com, where you may print a copy and retain it for your records. Access to communications for you at the web site requires use of a personalized password, which you may not divulge to anyone else. You have the responsibility of providing a correct and operational e-mail address within your Employee Authorization form.

By using this card you agree with the Bank to receive these communications and notices electronically, the Bank will deliver these communications and notices to you electronically pursuant to that agreement. However, you optionally may receive these communications in writing by notifying the Bank at any of the following:

Call toll free 1-888-621-1397, 24 hours a day, 7 days a week, or write to:

Cardholder Services
P.O. Box 551209
Ft. Lauderdale, FL 33355

or visit www.payment-card.com

4. Transactions with Your Payment Card.

Your Payment Card may be used to access the funds stored on the Payment
Card. Provided funds are available on your Payment Card, you may use your
Card to perform the following types of transactions in accordance with these
Terms and Conditions:

a. At any merchant displaying the VISA or INTERLINK logo, you may use your Payment Card to purchase goods and services up to the amount of funds stored on your Payment Card.

b. At an ATM displaying the VISA and or CIRRUS logos, you may use your Payment Card to (i) make withdrawals of cash up to the amount of funds stored on your Payment Card less any fees charged for that transaction or (ii) obtain Payment Card balance information. The Payment Card can be used at ATMs within the United States and at international ATMs displaying the appropriate network identification. Some of these services may not be available at all ATMs. Some ATMs will have restrictions relating to amounts that can be withdrawn.

5. Fees and Charges for Use of Payment Card.

Bank Fees: Fees and charges are imposed by the Bank on your use of the Payment Card and will be charged to the card. Please see your specific porgram fees provided in the terms and conditions delivered within your card package. To receive an additional copy by mail at no charge, please call 205-871-6144.

Other fees may apply and will be disclosed when service is provided. The Bank may change these fees in the future in accordance with these Terms and Conditions with prior notice to you.

Third Party Fees:

When you use an ATM not owned by the Bank, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer at the ATM). In addition, you may be charged fees by other third parties for use of your Payment Card, such as (i) stores and merchants for POS transactions, and (ii) other banks and financial institutions for cash withdrawals at their branches.

6. Foreign Transactions And Currency Conversion Fee.

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 and may include fees charged directly by the Bank. The conversion may occur on a date different than the transaction date. 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. You agree to pay the converted amount, which includes the rate of exchange between foreign currency and US currency in effect one day prior to the processing date, increased by $0.50 and 1%.

7. Documentation of Payment Card Transactions.

You will receive the following documentation with respect to your Payment Card transactions:

a. At the time you make a Payment Card ATM transaction or merchant POS transaction, you will obtain a receipt for the transaction.

b. You will receive a monthly electronic or paper statement showing all debits and credits posted to your Payment Card that month, including any fees assessed by the Card Issuer against your Payment Card during the statement period.

In addition, you can determine the balance of funds available on your Payment Card (i) at any ATM displaying the VISA or CIRRUS logos, (ii) by calling 1-888-621-1397 or (iii) via the Internet at www.payment-card.com.

8. Disputes with Merchants.

If you use your Payment Card at a merchant, and a dispute with the merchant arises, you agree to make a good faith effort to settle the dispute with the merchant. Any unresolved dispute may be sent to us in writing for assistance in settlement. You cannot stop payment to merchants for transactions made through the use of your Payment Card.

9. Disclosure Of Information To Third Parties.

We will disclose information to third parties about your Card or the transaction that you make:
Where it is necessary for completing the transaction; or

In order to verify the existence and condition of your Payment Card; or

In order to comply with government agency or court orders or as otherwise required by law or in connection with examinations by banking authorities; or

For analytical purposes; or

If we conclude that disclosure is necessary to protect you or the interests of the
Bank; or

If you give your permission to us or to other parties.

10. Your Liability For Card Use.

Tell us AT ONCE if you believe your Payment Card has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money stored in your Payment Card. If your Payment Card is used in connection with an unauthorized transaction that was processed through the Visa Network, your liability for such unauthorized use will not exceed $0 if (i) you reported the loss or theft of your Payment Card to the Bank, and (ii) you did not act grossly negligent or fraudulently in handling your Payment Card. If the foregoing does not apply to the particular unauthorized use, the provisions in the next paragraphs will govern your liability for the unauthorized use of your Payment Card.If your statement shows Payment Card transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement was sent by your elected choice (by mail or electronically) 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.

If you believe your Card has been lost or stolen, call or write to us at the telephone number and address listed as follows: Call toll free 1-888-621-1397, 24 hours a day, 7 days a week, or write to: Cardholder Services, P.O. Box 551209, Ft. Lauderdale, FL 33355 or
www.payment-card.com.

11. Bank Liability.

If the Bank does not complete a transfer to or from your Payment Card on time or in the correct amount according to these Terms and Conditions, we will be liable for your losses or damages. However, there are some exceptions. The Bank will not be liable, for instance:

If, through no fault of ours, you do not have enough money stored on your Payment Card to make the transaction.

If the Payment Card transaction would go over the credit limit on your overdraft line, if one exists.

If the ATM where you are making the Payment Card transaction does not have enough cash.

If the terminal or system was not working properly and you knew about the breakdown when you started the Payment Card transaction. We are prohibited by law from completing the transaction.

If circumstances beyond our control (such as fire or flood) prevent the Payment Card transaction, despite reasonable precautions that we have taken.

12. Disclaimer of Liability.

In providing the Payment Card and related service to you, the Bank disclaims any duty or responsibility other than those expressly set forth in these Terms and Conditions.

13. Dormant Card Accounts.

You acknowledge and agree that the Bank may be required by applicable law to turn over to a state government authority any funds remaining on your Payment Card after a period of inactivity or dormancy.

14. Termination.

The Payment Card shall remain the property of the Bank and you agree upon demand to return your Payment Card to the Bank. At any time and without prior notice, the Bank may revoke or cancel your Payment Card and thereby terminate these Terms and Conditions and demand return of your Payment Card to the Bank. You may terminate these Terms and Conditions at any time by returning your Payment Card to the Bank. Termination, whether by you or by the Bank, shall not affect prior transactions or obligations relating to your Payment Card existing at the time of termination. Upon termination, the Bank will arrange to transfer any remaining funds stored on the Payment Card to you.

15. Amendment.

We may amend these Terms and Conditions by delivering notice of the amendment to you in the manner agreed to by you and the Bank or to your last address as shown on the records of the Bank. You will be given at least 21 days notice prior to the effective date of any amendment which results in an increased fee or charge, an increase in your liability, a reduction in services offered by the Bank, or stricter limitations on transaction or withdrawal rights.

16. Assignment.

You may not transfer or assign these Terms and Conditions to any other person without the Bank’s prior written consent. We may assign our obligations to you under these Terms and Conditions without your consent or notice to you.

17. Severability/No Waiver.

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The Bank’s failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver the Bank’s right to subsequently enforce such provision or any other provisions of these Terms and Conditions.

18. Governing Law.

These Terms and Conditions, the Payment Card and all transactions hereunder are subject to the laws of the state of Florida and the laws of the United States.

19. Notice of Errors.

In Case of Errors or Questions About Your Payment Card Transactions Call toll free 1-888-621-1397, 24 hours a day, 7 days a week, or write to: Cardholder Services, P.O. Box 551209, Ft. Lauderdale, FL 33355 or www.payment-card.com. If you think your statement or receipt is wrong or if you need more information about a Payment Card transaction listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

a. Tell us your name and Payment Card number.

b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

c. 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.

20. Arbitration.

Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or the Bank may seek any interim or preliminary relief from the court of competent jurisdiction in the State of Alabama necessary to protect the rights or property of you or the Bank (or its agents suppliers, and subcontractors) pending the completion of the arbitration.