Terms of Service - The Advantage™ Card

Terms of Service

THE Advantage™ Card CARDHOLDER AGREEMENT

Section 1. Agreement. By signing the back of the Advantage Prepaid Card (the "Card"), using or adding funds to the Card, or allowing someone else to use the Card, you agree to be bound by the terms and conditions contained in this Cardholder Agreement. If you do not agree to these terms, return the Card, unused and cut in half, within 15 days after you receive it. We will then mail a refund check to you within 30 days after receipt of your cut-up card. "You" and "your" mean any person who has received the Card (or an additional Card linked thereto) or who is authorized to use it as provided for in this Agreement. If there is more than one of you, you are each jointly and severally liable for all obligations, regardless of which of you uses the Card or benefits from that use. "We," "us" and "our" mean First National Bank of Omaha. Please read this Agreement carefully and keep it for future reference.

Section 2. Card Description. The Card is a proprietary form of a Visa® prepaid card. The Card is not a credit card and it does not directly access any credit or deposit account (although you may load funds to the Card from your Funding Account, as described further below). No interest will be paid on funds loaded to the Card, and such funds are not FDIC insured. Cards will expire on the date indicated thereon.

Section 3. Using Your Card.

Provided that sufficient funds remain loaded to your Card, you may use the Card to:
1. pay for purchases at merchants who display the Visa® Debit or Interlink® logo l and have agreed to accept the Card ("point of sale" or "POS" transactions);
2. perform transactions at automated teller machines ("ATMs") that display the Plus or Visa® logo. No more than $100 in cash per day (24 hours) may be withdrawn using the Card at an ATM. No more than three ATM withdrawals may be made using the Card within a 24 hour period. No more than $300 in cash may be withdrawn in any seven day period;
3. access our online services to determine the level of funds that remain loaded on the Card and to review recent transaction history; and
4. access our telephone customer support listed below.
Neither you nor any other cardholder may transfer funds on the Card to another check or credit card
If the Card expires with any funds still on it or should you wish to close your Card to further transactions and receive the funds remaining on the Card, a Closure Fee will be deducted before sending you a check for the unused funds (if the remaining funds are less than the Closure Fee, they will be deducted and no check will be sent). Once you notify us of your intention to close the Card, the Card cannot be used for any transactions and will be placed in a frozen status. We may cancel or suspend this Agreement or any features or services of the Card or your right to use the Card at any time. (However, if we permanently cancel your Card, we will send you a check for the unused funds, less any applicable fees). Closing your Card to further purchases our cancellation or this Agreement or your Card will not affect any of our rights or your obligations arising under this Agreement prior to termination. At our sole option, we may send a credit to your Funding Account (as referenced below) in lieu of sending you a check for unused funds.
You will be provided with a Personal Identification Number ("PIN") when you activate the Card. To activate the Card and obtain a PIN, call us at 1-866-785-0859. The Card and PIN are provided for your use and protection, and you agree: (i) not to disclose the PIN or record it on the Card or otherwise make it available to anyone else; (ii) to use the Card, the PIN and any ATM or point of sale terminal as instructed; and (iii) to promptly notify us of any loss or theft of your Card or PIN.
You may load additional funds to the Card at any time by requesting us to initiate a transfer from a checking or savings account that you specify (your "Funding Account"). You represent that you are authorized to allow us to initiate transfers from the Funding Account and that you will have sufficient funds in that account to cover the transfers you request. If the preceding sentence is true, the additional funds will be generally available for use on the Card within five business days after we receive your request for a transfer from the Funding Account. The minimum value that may be added to your Card is $25. The maximum value that may be added to the Card at any one time is $750 and, in any 15 day period, you may not add more than $1,500 to the Card. We may decline any addition that would bring the total funds on the Card to an amount in excess of $3,000.
When you use the Card to obtain goods or services or to obtain cash, the merchant may attempt to obtain preauthorization for the transaction. An eight day hold will be placed on the Card for the amount of the preauthorization request. If the preauthorization request varies from the amount of the actual transaction, payment of the transaction may not remove the hold, which may remain until the three days have expired. A merchant may temporarily preauthorize more than the amount of your purchase (this is common when you purchase gas [pay-at-the-pump], at restaurants, mail order items, hotel rooms, or phone service). This is because the final amount of your purchase is not known when preauthorization for the transaction is requested. An amount might be added to the preauthorization in order to ensure that you have enough money to cover your full purchase (for example, to cover a tip at a restaurant, cover delivery fees on mail orders, cover extra hotel services, or cover the expense of a long distance call). When your purchase is officially settled, the exact amount will replace the preauthorized amount.

Section 4. Payment. Each time you use the Card, the amount of the transaction will be debited from the Card. You agree not use the Card for transactions in excess of the funds remaining on the Card. If a transaction causes you to exceed that limit (a "Negative Balance"), you shall remain fully responsible for the amount of the purchase or withdrawal which exceeded the limit. You agree to immediately pay us the amount of any Negative Balance. We may deduct Negative Balances from any funds you thereafter load to the Card.

Section 5. Service Charges. You authorize us to deduct the following fees from funds loaded to the Card.

Annual Fee Due when the Card first becomes available for use and annually thereafter.	$ 8.95
Load Fee Due each time you add funds to the Card.	$ 1.00
Cash Withdrawal Fee Due each time you use the Card to obtain cash (such as at an ATM or from a bank teller). When you use a ATM, you may be charged a fee by the ATM operator or any network used and you may be charged for a balance inquiry even if you do not complete a funds transfer.	$ 5.00
Inactive Fee Due if there has not been a value load or purchase/cash withdrawal transaction with the Card within the past 90 days. This fee will not exceed the funds remaining on the Card.	$ 2.50
Lost/Stolen Replacement Fee Due for each replacement Card that you request.	$ 8.50
Negative Balance Fee Due for each Negative Balance (as defined earlier in the Agreement).	$20.00
NSF Transfer Fee Due each time a funds transfer that we initiate at your request is returned to us for any reason (e.g., because of insufficient funds in the Funding Account or because that account has been closed).	$20.00
Closure Fee Due when you request us to return remaining funds on your Card to you. This fee will not be assessed if you return your Card to us within 15 days after receiving it nor will this fee exceed the funds remaining on the Card.	$15.00
Statement Fee Due for each paper statement you request	$ 1.50
Additional Card Fee Due for each additional Card you request	$ 4.95

Section 6. Fundraising. Three percent of the value loaded to the Card will be paid to The Autus Group, Inc. ("Autus"). Autus is thereafter responsible for disbursing such funds to the organization you have identified in separate instructions to them ("Your Organization"). This feature is subject to discontinuation if Your Organization's participation in the Advantage™ Card program ceases for any reason or if our relationship with Autus is discontinued. If this happens, we will inform you of the discontinuation prior to accepting any further value loads on the Card or we will simply leave that three percent of value on your Card for you to use, or we will issue a substitute card. You understand that we and Autus are independent contractors, not agents of each other. You agree that we are not responsible for the acts or omissions of Autus.

Section 7. Verification of Transactions.

You can get a receipt at the time you complete any transaction using the Card at an electronic terminal or ATM.
If you wish, we will mail you a monthly statement of Card activity. To receive statements this way, please call 1-866-785-0859. There is a fee of $1.50 for each paper statement you request. You can view Card activity for no additional charge by registering at www.theadvantagecard.com.
You may review your last five transactions by calling 1-866-785-0859 or online at www.theadvantagecard.com

Section 8. Failure To Complete Transactions. We are not liable for declining authorization for any particular transaction, regardless of our reason. This includes, but is not limited to, transactions we decline because sufficient funds do not remain on the Card (you may, however, split the purchases between the Card and another credit or debit card or cash.) If you are uncertain as to the exact amount of funds remaining on the Card, please review the Card online or call the number listed in Section 7 prior to attempting to complete a transaction. We are not responsible if funds are not available on the Card because you delay in making a funding request or if there is a delay in completing that request.

Section 9. Disputes/Returns and Refunds. You agree to settle all disputes about purchases made using the Card with the merchant who honored the Card. If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Card in place of cash.

Section 10. Foreign Transactions. The Card is intended for use in the U.S. If a transaction is made in a currency other than U.S. Dollars, it will be converted to U.S. Dollars under the current regulations established by Visa® and may include a margin and/or fees charged directly by Visa®. Those regulations currently provide that the conversion rate may be either the wholesale market rate or government-mandated rate in effect the day Visa® processes the transaction, increased by an adjustment factor of 3%. Conversion may occur on a date other than the date of the transaction, which may affect the conversion rate used.

Section 11. Loss, Theft or Unauthorized Use.

You are responsible for all charges made by anyone you allow to use your Card, even if they charge more than you intended. If you ask us to issue a Card to someone, you are responsible for their use of it until you return it to us. We may consider use of the Card by members of your immediate family as authorized by you and your responsibility. If unauthorized use of your Card occurs, you agree to cooperate with us and law enforcement authorities in identifying the unauthorized user. Applicable law and our "zero liability" policy (both of which are more fully described herein) may protect you from liability for unauthorized transactions. You understand that your Card is not a credit card and is not protected by laws covering credit cards, such as the Federal Truth in Lending Act.
TELL US AT ONCE IF YOU BELIEVE YOUR CARD HAS BEEN LOST OR STOLEN. TELEPHONING IS THE BEST WAY TO KEEP YOUR POSSIBLE LOSSES DOWN. YOU COULD LOSE ALL THE MONEY ON YOUR CARD. Also, if a 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 online (or mailed to you in the case of paper statements), 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 a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Card has been lost or stolen or that someone has transferred or may transfer money from your Card without your permission, call 1-866-785-0859 or write Cardholder Services, P.O. Box 551647, Fort Lauderdale, FL 33355-1647.

Section 12. Your Right To Dispute Errors.

In case of errors or questions about electronic transactions on the Card, call or write to us at 1-866-785-0859 or Cardholder Services, P.O. Box 551647, Fort Lauderdale, FL 33355-1647 as soon as you can if you think a statement or receipt is wrong or if you need more information about a transaction listed on a statement or receipt. We must hear from you no later than 60 days after the transaction in question has been made available to you on the online statement (or the paper statement was provided to you, if you requested a paper statement).
The following information must be contained in that notice:
1. Your name and the Card number;
2. a description of the error or the transaction you are unsure about and an explanation as clearly as possible of why you believe it is an error or why you need more information; and
3. the dollar amount of the suspected error.
If you tell us orally, we 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 after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will credit the Card within 10 business days for the amount you think is in error so that you will have use of the money during the time it takes us to complete our investigation. Because we ask you to put your complaint or question in writing, if we do not receive written confirmation of your oral notice within 10 business days, we may not credit the Card. If notice of an error involves an electronic fund transfer that was initiated other than in any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any political subdivision of any of the above or involves an electronic fund transfer resulting from a POS debit card transaction, the applicable time periods for action shall be 20 business days in place of the 10 business days and 90 calendar days in place of the 45 calendar days.
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 documents that we used in our investigation.

Section 13. Disclosure of Information to Third Parties. The Privacy Policy set forth below generally addresses our policy for handling and disclosing information. In order for the Card to benefit Your Organization, you have consented to our disclosure of information identifying you and the level of your card activity to The Autus Group, Inc. which may then disclose it to Your Organization (see Section 6). Please note that we may disclose information to third parties about your Card or the transactions you make: (a) where it is necessary for completing transactions; (b) to verify the existence and condition of your Card to a third party; (c) to utilize services of third parties and affiliate entities who assist us in providing the Card and related services; (d) to comply with government agency rules or court orders; (e) if you give us your permission; (f) if you owe us money or there are legal proceedings in connection with your Card, information may be released to attorneys, accountants, collection bureaus, financial institutions, and others involved in collection, adjustment, settlement or reporting; (g) to protect against potential fraud and other crimes; or (h) when otherwise permitted by law. We may also share information about you and your Card, based on our transactions and experiences with you, with our parent, affiliate and subsidiary companies.

Section 14. Business Days. Our business days are all days except Saturdays, Sundays and federal holidays.

Section 15. Waiver and Release. To the extent permitted by law, you hereby waive and release us from any obligations that could arise due to defenses, rights and claims you have or may have against any third party in connection with use of the Card.

Section 16. Zero Liability. In administering the "zero liability" policy, the following terms and conditions apply:

Excluded Transactions. This policy does not apply to any unauthorized electronic fund transfer that does not involve use of the Card.
"Unauthorized" Defined. A transaction is considered "unauthorized" if it is initiated by someone other than you without your actual or apparent authority, and you receive no benefit from the transaction. A transaction is not considered "unauthorized" if (i) you furnish the Card, Card number, PIN or other identifying information to another person and expressly or implicitly give that individual authority to perform one or more transactions, and the person then exceeds that authority or (ii) for any reason we conclude that the facts and circumstances do not reasonably support a claim of unauthorized use.
"Reasonable Time" Defined. Reasonable time will be determined in our sole discretion based on the circumstances, but in no event will be less than the time frames specified under the Electronic Fund Transfer Act or Regulation E.
Other Considerations. We reserve the right to deny you the benefit of this policy (i) if we ask you for a written statement, affidavit or other information in support of the claim and you do not provide it within the time requested or within a reasonable time if no date is stated, or (ii) under any other unusual circumstances not otherwise covered above, where we deem such denial is appropriate.
Limitation of Bank's Liability. Unless otherwise provided by law, our liability under this policy is limited to reimbursing customers for the face amount of any unauthorized transaction subject to the terms and conditions set forth herein, and we shall not be liable for any claims of special, indirect or consequential damages.
Your Legal Rights. If your claim does not meet the prescribed conditions for reimbursement under the above policy, you still retain any consumer rights you may have under applicable law (including possible limitations on your liability), and we will automatically reexamine the claim in accordance with reference to those rights.

Section 17. Amendment/Cancellation. We may change the terms of this Agreement at any time. If we do so, we will notify you in writing if required by law (in which case, changes will be effective on the date specified in the notice). Changed terms will apply to the outstanding funds on your Card as well as to any transactions after the date of the change. In any event, use of your Card after the date of the change will confirm that you agree to the change.

Section 18. Miscellaneous. The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. We do not give up our rights by delaying or failing to exercise them at any time. If any term of this Agreement is found by a court to be illegal or not enforceable, all other terms will still be in effect. We may call you (using live operators, automatic dialing devices, or recorded messages) at home or work and those calls will not be considered unsolicited. We may monitor or record any calls we make or receive. You agree to provide us with any updated contact information, including any updated email address, promptly by updating your profile at www.theadvantagecard.com or by sending us a message through Contact Us at www.theadvantagecard.com. Additional benefits provided from time to time are subject to change or termination without notice. Such benefits may be provided by third parties; we are not liable for such benefits or for the actions or omissions of those third parties.