IMPORTANT – PLEASE READ CAREFULLY

1.                     Terms and Conditions/Definitions for the PODER Payroll MasterCard® Card

This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the PODER Payroll MasterCard Card has been issued to you. By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, “Card” means the PODER Payroll MasterCard Card issued to you by BankFirst. “Issuer” means BankFirst.  BankFirst is a FDIC insured member institution.  “Card Account” and “Account” means the records we maintain to account for the value of claims associated with the Card.  You acknowledge and agree that the value available on the Card is limited to the funds that you have loaded onto the Card, or have been loaded onto the Card on your behalf.  “You” and “your” means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean BankFirst, our successors, affiliates or assignees. You agree to sign the back of the Card immediately upon receipt.  The expiration date of your Card is identified on the front of your Card. The Card will remain the property of BankFirst and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

Obtaining Your Card

The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account. What this means for you: When you open a Card Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

The Card is a prepaid card. The Card allows you to access funds you place on the Card.  The Card is not connected in any way to any other account. The Card is not a credit card.  You will not receive any interest on your funds on the Card. BankFirst’s business days are Monday through Friday, excluding holidays, even if we are open.

Authorized Users

You may request an additional Card for another person. You may also permit another person to have access to your Card or Card number. However, if you do, you are liable for all charges made by those persons.  You must notify us to revoke permission for any person you previously authorized to use your Card. You are responsible for all charges and fees incurred by any other person you have authorized. If you tell us to revoke another person’s use of your Card, we may revoke your Card and issue a new Card with a different number. You are wholly responsible for the use of each Card according to the terms of this Agreement.

Personal Identification Number (“PIN”)

We may, at our option, provide you with a temporary Personal Identification Number (“PIN”).  You can select a new PIN by calling us toll free at 1-866-PODERMC (callers dialing outside the U.S.  may call 1-214-446-5832).  You will be required for validation purposes to provide the last four digits of your social security number or government issued identification in order to change your PIN over the telephone.  Your new PIN will become active immediately. Be sure to choose a PIN that is easy for you to remember. You may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by merchant, which requires entry of a PIN that bears the MasterCard®, Maestro®, Cirrus® or STAR® brand. All ATM transactions are treated as Cash withdrawal transactions. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”

2.                 Loading Your Card/Features

You may add funds to your Card, called “value loading”, at any time. The minimum amount of each initial value load is $10.00. The minimum amount of each value reload must be at least $10.00. The maximum amount of each value load is $2,500.00.  The maximum number of times you may load your Card per day is two (2). The maximum cumulative amount that may be withdrawn from an ATM or POS device per day is $500.00. The maximum cumulative amount that can be withdrawn from a participating bank per day is the available balance of your Card. The maximum amount that can be spent on your Card per day is $2,500.00. The maximum value of your Card is restricted to $2,500.00. You may add value or load your Card via Direct Deposit Payroll and at participating Green Dot® Network locations. To obtain further information on locations call 1-866-PODERMC.

Direct Deposit Account

Your prepaid Card Account and associated direct deposit account number cannot be used for pre-authorized direct debits from merchants or from utility or Internet service providers. If presented for payment, these pre-authorized direct debits will be declined and your payment to the merchant or provider will not be processed. The bank routing number and account number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are not authorized to provide this bank routing number and account number to anyone other than your employer.

You may use your Card to purchase or lease goods or services wherever Debit MasterCard, Maestro cards, or STAR cards are accepted as long as you do not exceed the value available on your Card Account. You are responsible for all authorized transactions initiated by use of your Card. If you permit someone else to use your Card or Card number we will treat this as if you have authorized such use, and you will be responsible for any transactions made subject to such use. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and paying the remainder of the balance with another form of legal tender.

If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet 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 use your Card to access cash at an ATM. You may not use your Card for any illegal transaction.

Each time you use your Card, you authorize us to reduce the value available on your Card Account by the amount of the transaction. You are not allowed to exceed the available amount on your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges.

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. 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 thirty (30) days. All Betting, Gambling, Escort Services, and Fortune Teller transactions will be declined.

3.                     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.

4.                     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 MasterCard International into an amount in the currency of your Card. MasterCard International 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 paragraph of these terms and 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 paragraph) by an additional 2% and will retain this amount as compensation for its services.  This charge is independent of the currency conversion rate established by MasterCard International.

5.                     Receipts

You should get a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipt to verify your transactions.

6.                     Periodic Statements

You can review your Card balance and transaction history 24 hours a day, 7 days a week by enrolling your Card online at www.poderonline.com free of charge. You will not automatically receive paper statements.  You may choose to have a paper statement mailed to you by contacting us each time at customerservice@Poderonline.com, or mail your request to PODER MasterCard, P.O. Box 1008, Loxahatchee, FL. 33470-1008. However there is a $3.00 fee for this service. You can also call our automated call center for balance and all other inquiries at 1-866-PODERMC.  Callers dialing outside of the U.S. may call 1-214-446-5832.

7.                     Fees and Charges

We may charge the following fees in the amounts indicated on the fee schedule insert.  The amount of any fee will be deducted from your Card Account at the time the fee becomes due or otherwise indicated. Please refer to Schedule of Card Fees.

8.                     Confidentiality

1. We may disclose information to third parties about your Card or the transactions you make:

2. Where it is necessary for completing transactions

3. In order to verify the existence and condition of your Card for a third party, such as merchant;

4. In order to comply with government agency, court order, or other legal reporting requirements;

5. If you give us your written permission or

6. To our employees, auditors, affiliates, service providers, or attorneys as needed.

9.                     Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction 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:

1. If, through no fault of ours, you do not have enough funds available on your Card to complete the transaction;

2. If a merchant refuses to accept your Card;

3. If an ATM where you are making a cash withdrawal does not have enough cash;

4. 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;

5. If access to your Card has been blocked after you reported your Card lost or stolen;

6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;

7. If we have reason to believe the requested transaction is unauthorized;

8. 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;

9. Any other exception stated in our Agreement with you.

10.                  Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at 1-866-PODERMC. If you notify us within two (2) business days, you can lose no more than $50 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 $500.  Under MasterCard International  Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use.  This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two or more incidents of unauthorized use in the immediately preceding twelve (12) month period.

Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once.  If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified 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.                   

11.                  Other Terms

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of South Dakota except to the extent governed by federal law.

12.                  Amendment and Cancellation

We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.

We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

13.                  Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, call 1-866-PODERMC (callers outside the U.S. may dial 1-214-446-5832) or write to PODER MasterCard, PO Box 1008, Loxahatchee, FL 33470-1008.  If any records you see show transactions that you did not make, call or write to us at the phone number or address listed above as soon as possible.  You must contact us no later than sixty (60) days after the date of the transaction in question.

1. Provide your name and Card number (if any)

2. Describe the error or the transaction you are unsure about, and explain why you  believe it is an error or why you need more information.

3. Provide the dollar amount of the suspected error.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card.

For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of documents used in the investigation may be obtained by writing us at:

Revision Date 12/2005