Visa® Family Cash Card Disclosure
- Agreement means this Visa Family Cash Card Cardholder Agreement.
- Card means the Visa Family Cash Card Card obtained from us.
- We, us, and our refer to Bankers Trust Company.
- You and your refer to the Card Sponsor; the person who has obtained a Card from us.
- Account is the deposit account established by you, the Sponsor, for the purpose of funding the use of the Card.
- Cardholder is a person in whose name the Card is issued.
- Contributor is a person, added by you, who is permitted to fund the Card.
- Entry is a request or order for deposit to the Card by means of electronic fund transfer (“EFT”).
- Transfer is a request or order for withdrawal from the Card by means of electronic fund transfer (“EFT”).
- Business Days are Monday through Friday; not including federal holidays.
We agree to maintain the Card for you and to perform according to this Agreement. By obtaining and using a Card from us, you agree to the provisions of this Agreement. We may amend these terms and conditions at any time which will be effective after the requisite notice has been mailed to you at the last address shown for the Card on our records, or after it has been posted on our Visa Family Cash Card Web site, https://www.familyprepaiddebit.com/familycard/dsmCashCard, as permitted by law. Provisions changed pursuant to bank regulatory authority shall be effective per such regulation without further notice. If you notify us in writing that you do not agree to the change in terms and conditions, we may cancel or suspend this Agreement or any features or services of the Card.
Ownership and Use of the Card
The Card is and will remain our property. However, you will be solely and completely responsible for the possession, use, and control of the Card. You must surrender the Card to us immediately upon request.
Advisory Against Illegal Use
You agree not to use the Card for illegal gambling or other illegal purposes. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the Cardholder may be located. Furthermore, we reserve the right to limit or restrict your use of the Card for any reason at our discretion. For example, and without limitation to us, we may invoke this right if the Card is being used for illegal purposes, or we have been notified of the fraudulent use of the Card, or your Account is no longer in good standing.
Cardholder's Personal Identification Number (PIN)
The Card will be mailed to the Cardholder in a mailer containing Card activation instructions. To activate the Card, the Cardholder must call the telephone number listed in the mailer. The Cardholder will be prompted to enter the Card number and the last four digits of his/her Social Security number. The system will then prompt the Cardholder to create a PIN for the Card. The PIN is required to perform any transactions at an automated teller machine ("ATM") or some transactions at a point of sale terminal ("POS").You authorize us to follow any instructions entered through use of the Card with or without the PIN.
You agree not to make the PIN available to anyone. If you allow anyone else to use the Card, we will treat this as if you have given them authorization and you will be responsible for any transactions they initiate with the Card. You also agree to notify us promptly of any loss or theft of the Card or PIN.
Card Mailing Address
All Cards will be mailed to you, the Card Sponsor, at enrollment. You may log in to the service and change the mailing address for the Cardholder(s) to have the Card(s) mailed directly to them. If you change your mailing address after enrollment, the mailing address for the Cardholder(s) will change, also.
Loading the Card by Card-to-Card Entries
You, the Sponsor, may load money to the Card at any time from the Account via a Card-to-Card Entry. Verified Entries will be available on the Card on the Business Day the Entry was made. We have the right to refuse any deposit. Entries which have been refused for deposit by us will be returned at your risk. Entries received by us to load money to the Card will be subject to verification, and any errors in settling such Entries will be corrected by us through adjustments to the Card value or through other recovery from or reimbursements to your Account. Certain restrictions and limits exist on the amount which may be loaded to the Card at any one time.
Loading the Card by Automated Clearing House Entries
The Operating Rules of the National Automated Clearing House Association ("NACHA Rules") are applicable to automated clearing house transactions (“ACH Entries”) involving the Card. We may allow you or a Contributor to initiate ACH Entries to load money to the Card. If so, we agree to receive such Entries through any automated clearing house of which we are a member. ACH Entries will be subject to a five Business Day hold. Credit given by us to the Card, and with respect to an ACH Entry, is provisional until we receive final settlement for such Entry through a Federal Reserve Bank or otherwise have received payment as provided by law. If we do not receive such final settlement, we may charge back against the Card, debit the Account, or otherwise recover from you the amount credited to the Card. Under NACHA Rules, we are not required to give notice to you of receipt of an ACH Entry, and we may not do so. We may accept on your behalf ACH Entries to the Card which have been transmitted through one or more automated clearing houses, and your rights and obligations with respect to each Entry will be governed by the Electronic Funds Transfer Act and by the laws of the State of Iowa and the United States.
Limitations to Entries on the Card Description
|Minimum load amount/transaction||$10.00|
|Maximum load amount/transaction||$500.00|
|Daily maximum load amount||$2,500.00|
|Monthly maximum load amount||$5,000.00|
|Maximum amount on Card at any time||$5,000.00|
|Maximum number of loads/day||5|
|Maximum number of loads/month||30|
You agree that you and the Cardholder will not exceed the allowed maximum limit of the Card by any individual or multiple transactions. You also agree that although we have no obligation to permit a negative balance on the Card, we may do so. If any Transfer causes the maximum limit of the Card to be exceeded, you agree to be fully responsible for that amount. We reserve the right to automatically debit any overdrafts from current or future Entries to the Card or from the Account or any other account you maintain at Bankers Trust. We may offset against the Card either before or after your death and without demand or notice to you or the Cardholder. We will not be liable for any resulting dishonor of an Entry or Transfer.
Our Security Interest in the Card and Account
You grant a security interest in the Card and Account to us for any and all indebtedness owed by you to us or to our affiliates, however and whenever incurred or evidenced. Such security interest is not in derogation or substitution of our right to offset against the Card and Account.
Types of Available Transfers
The Cardholder, or someone the Cardholder has authorized by giving them the Card and/or PIN (even if that person exceeds the authority) may use the Card and/or PIN to:
- Withdraw cash at an ATM using your PIN and selecting “checking withdrawal”;
- Pay for purchases or services at places that have agreed to accept the Card (POS); and
- Make a balance inquiry on the Card.
Some of these services may not be available from us at all times or at all terminals at all times.
Network or Bank rules restrict the following transactions on the Card:
- Internet gambling
- Hotel and motel rentals
- Car rentals
- Pay-at-the-pump fuel purchases
Additionally, the sponsor may elect to be notified when the cardholder makes a questionable purchase.
Limitations on Transfers from the Card
All Transfers are limited to the amount of money loaded on the Card. During any interruption of an EFT, the dollar amount and frequency may be reduced. The frequency, amount, and timing of cash withdrawals and payment transactions which you may arrange with third parties or make from ATMs and POS terminals with the Card or PIN is limited each Business Day.
- You may withdraw up to $550.00 per Calendar Day at ATMs using your PIN.
- You may withdraw up to $1,500.00 per Calendar Day at a POS terminal using your PIN or signature.
- You may withdraw up to $550.00 per Calendar Day using the Cash Advance feature of the Card.
There are no limitations on the number of Transfers that may be made from the Card on any Calendar Day. There may be other limitations on the types, frequency, timing and amount of Transfers established by us from time to time, without notice, for security purposes.
Notices from you to us will be effective upon our receipt and reasonable time to process. Notices to you from us will be effective upon mailing to the last known e-mail address shown by our records, or after being posted to our Visa Family Cash Card Web site at https://www.familyprepaiddebit.com/familycard/dsmCashCard , or as otherwise provided in this Agreement.
Cancellation of the Card - Terminating Access
We may cancel the Card or terminate electronic access to the Card with or without cause and without prior notice to you. Any outstanding obligations remaining on the Card at the time of cancellation remain your responsibility. Any monies remaining at the time of cancellation on the Card, after payment of all Entries and other obligations, will be returned to you.
Closing the Card
You may close the card by:
- Calling our Customer Service Department at (800) 362-1688; or
- Stopping into any of our branch offices and speaking with a Relationship Banker; or
- Writing us at: Bankers Trust, Attn: Customer Service; 453 7th Street; Des Moines, IA 50309.
Documentation of Transfers
The Cardholder may get a receipt at the time the Cardholder makes a Transfer from the Card using an ATM or POS terminal. However, a receipt may not be provided for transactions of $15.00 or less. You will receive a record of transactions for which you did not receive a receipt on your monthly Card statement.
A monthly Card statement will be made available to you showing Card activity (Entries and Transfers) and balance. Statements will be provided electronically and may be accessed at the Visa Family Cash Card site at https://www.familyprepaiddebit.com/familycard/dsmCashCard . A statement is deemed made available to you when such statement is accessible at the site. Please see the Electronic Funds Transfers Disclosure Statement for your duties regarding notice to us in the event of an EFT error. Receipts and statements will constitute admissible evidence.
Your Duties and Liabilities
You agree to examine each Card statement (and enclosures) and any Card information provided to discover any unauthorized Transfers, Entries, or errors, and you agree to notify us in writing thereof without delay. If you fail to meet any of the requirements of the previous sentence within 14 calendar days after the Card statement or Card information was made available, you will be precluded from asserting against us:
- Any error or unauthorized Transfer or Entry, if you will suffer a loss as a result of your failure to meet the requirements of the previous sentence; or
- Any unauthorized Transfer or Entry by the same person if we paid the Transfer or Entry after the 14-day period.
If you fail to notify us in writing of any claim within 60 days after such claim accrues, you will be precluded from asserting such claim. For any claim arising under this Agreement, you agree to make timely claim against all applicable policies of insurance. You agree not to assign to any third party any claim of yours against us relating to any Transfer or Entry, and any such assignment shall be void.
Ownership and Withdrawals Disputes
If ownership of or the right to use the Card becomes in dispute for any reason, we, in our discretion, may refuse to authorize transactions or refund any portion of the balance until the dispute is settled.
Card Is Not Transferable
Any rights in the Card are not transferable. No assignment, encumbrance, or other transfer of the Card will be valid, except as given to us pursuant to this Agreement.
Service Charges for Electronic Funds Transfers – Fees and Penalties
We will charge the Card for EFT services according to this Agreement. You agree to pay the fees assessed by us according to this Agreement. All fees will be automatically assessed against the Card, and you will be responsible for any deficiency.
The balance on the Card may become unclaimed funds escheatable to the State of Iowa if, as shown by our records, you and the Cardholder have not, within the statutory period, caused any activity or received any payments with regard to the Card, indicated any interest in the Card, corresponded with us concerning the Card, or otherwise indicated an interest in the Card as evidenced by a writing on file with us, or transacted any business with us.
Disclosure of Card Information
We may disclose information about the Card or the Entries and Transfers made to third parties:
- Where it is necessary for completing an Entry or Transfer, or
- In order to verify the existence and condition of the Card for a third party such as a credit bureau or merchant, or
- In order to comply with government agency or court orders, or
- If we cancel the Card due to a deficiency balance, or
- To protect or enforce our legal rights, or
- If we otherwise deem appropriate, to the extent permitted by law, or
- As explained in a separate Privacy Notice.
Failure by us to exercise any of our rights under this Agreement shall not be a waiver of any of our rights.
In the event that one or more provisions of the Agreement shall for any reason be held invalid or illegal, such holding will not affect the enforceability of any other provision.
We will have no liability for any delays or failure of performance caused in whole or in part of fire, labor disputes, power failures, acts or omissions of civil authorities, civil disturbances, computer malfunction, or any causes beyond our control.
Limitation of Liability
If we do not complete an Entry to or a Transfer 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 (to the extent provided in the Electronic Fund Transfers Act). However, there are some exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough money on your Card to make the Transfer.
- If the Transfer would go over the available Card balance.
- If the automated teller machine where you are making the Transfer does not have enough cash.
- If the terminal or system was not working properly and you knew about the breakdown when you started the Transfer.
- If circumstances beyond our control (such as fire or flood) prevent the Entry or Transfer, despite reasonable precautions that we have taken.
- There may be other exceptions stated in our Agreement with you.
This Agreement will be governed by federal law and, where not in conflict with federal law, the laws of the State of Iowa without regard to conflict of law principles.
The following fees (plus applicable sales tax) apply to the Card:
Lost or Stolen Card Replacement...............$15.00 per card
Inactive/Dormant Card*...............$5.00 per month
ATM Withdrawal Fee Outside U.S................$3.00 each
ATM Surcharge (charged by ATM operator or network used)...............Varies by ATM
*A Card is inactive/dormant beginning at the end of the third consecutive statement period in which the Card has no monetary activity (i.e., no value loaded to card, no purchases, or no ATM withdrawals) and continuing until the Card has monetary activity or is closed. If the Card balance is zero or becomes zero as a result of this fee, and remains at zero for six statement periods, the Card will be canceled without further notice to Cardholder.
ELECTRONIC FUNDS TRANSFERS DISCLOSURE STATEMENT
You may use your Card to purchase goods (in person, by phone, or electronically), pay for services (in person, by phone, or electronically), get cash from a merchant, if the merchant permits, or from a participating financial institution.
Use of your Card will be restricted by some merchants and transaction types including: automated fuel dispensers (gas pumps); online gambling establishments; hotels, motels, or inns; and automobile and vehicle rental businesses, to name a few. There may be other restricted merchant codes not listed.
When you use your Card at a merchant that settles in currency other than U.S. dollars, the charge will be converted into the U.S. dollar amount. The currency conversion rate used to determine the transaction amount in U.S. dollars is either a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date, plus 1percent. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. When you use your Card internationally, but the merchant settles in U.S. dollars, Visa will assess a fee equal to 0.80 percent of the transaction. Both of these fees will be displayed as a Periodic Card Fee on your statement. The fees will appear as ”SVC CHG INTRNTL TR.”
When you use an ATM, 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). This fee is commonly referred to as a surcharge and will be disclosed at the ATM before you complete your transaction.
- Consumer liability. Generally - Tell us AT ONCE if you believe your Card or PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money on your Card. If you tell us within 2 Business Days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50.00 if someone used your Card or PIN without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.00.
Also, if your Card statement shows Transfers 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.
Additional Limit on Liability – Unless you have been grossly negligent or have engaged in fraud, you will not be liable for unauthorized Transfers using your lost or stolen Card. This additional limit on liability does not apply to ATM transactions or to transactions using your PIN which are not processed by Visa.
- Contact in the event of unauthorized transfer. If your Card and/or your PIN has been lost or stolen, call or write us at the telephone number or address listed in this document.
Error Resolution Notice
In case of errors or questions about your Transfers, call or write us at the telephone number or address listed in this document as soon as you can, if you think your statement or receipt is wrong or if you need more information about a Transfer listed on the statement or receipt. We must hear from you no later than 60 days after we FIRST made the statement on which the error or problem appeared available to you.
- Tell us your name and Card number.
- 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.
- 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 (5 business days for Card POS Transfers and 20 business days if the Transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the Transfer involved a new Account, a POS transaction, or a foreign-initiated Transfer) to investigate your complaint or question.
We will tell you the results within three 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.
BANKERS TRUST COMPANY
CUSTOMER SERVICE DEPARTMENT
453 7TH ST., P.O. BOX 897
DES MOINES, IOWA 50304-0897
Business Days: Monday through Friday
Excluding Federal Holidays
Phone: 515-245-2863 or 1-800-362-1688
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST