By accepting, activating, using, or funding a stored-value card provided by Electronic Payment & Transfer Corp (a "Card"), or by allowing any other person to use your Card, the cardholder (hereafter "you" or "your") acknowledge that you have received, reviewed, and agree to be bound by the terms and conditions of this Cardholder Agreement and Disclosure.

The Card is a re-loadable payroll debit card that accesses a special account maintained at Palm Desert National Bank (the "Sponsor Bank") that contains funds deposited with respect to the Card.  Electronic Payment & Transfer Corp, the Sponsor Bank and suppliers (hereafter, "We" or "our") will maintain records of the activity and balance associated with the Card (the "Card Account").  The Card is not directly linked to any checking or credit card account.  The Card is not a credit card.  No interest will be paid on the balances transferred to the Card Account.  Palm Desert National Bank is insured by the Federal Deposit Insurance Corporation (FDIC).

The Card is the property of the Sponsor Bank and must be returned to Electronic Payment & Transfer Corp (hereafter, "EP&T") upon our, or the Sponsor Bank’s request.  Improper use of the Card will result in immediate suspension of its use. 

You may cancel the Card and Agreement at any time by notifying us in writing and returning the Card to EP&T at: 5150 Palm Valley Road, Suite 208, Ponte Vedra Beach, FL 32082, Attention: Customer Service. Cancellation fees may apply.  Cancellation will not affect our rights or your obligations arising from this Agreement prior to termination of the Card.

We may cancel the Card and Agreement at any time upon notification to you at your last known address.  In the event of cancellation, we will issue a refund of the balance remaining on the Card, less any applicable cancellation or check processing fees, to you within thirty (30) days of notification subject to applicable charges set forth in the use of the Card.

The Card must be activated by you, prior to use of the Card and Card Account.  You will choose, or be given, a Personal Identification Number (PIN) to prevent unauthorized usage of the Card and Card Account.  This PIN will be used to authorize transactions on the Card and additional security and user account information will be necessary to carry out web or customer service based transactions.  In all transactions where a PIN is required, use of your PIN will authorize such transactions and you agree to be liable for all transactions made with the PIN assigned to your Card and Card Account.  Additionally, you agree to be liable for transactions that require your PIN, access code or password, including transactions conducted telephonically or through the internet.

You agree that We may deduct from your Card Account, without notice, all fees incurred as outlined in the Fee Schedule.  You also agree that We may deduct fees (and the purchase amount) from your Card Account that are associated with additional services or products which you may request or agreed to purchase with your Card Account that are not included in this disclosure or our fees schedule.  You also agree to be liable for any Card Account shortage resulting from periodic or declined transaction charges.  This liability is due immediately and can be deducted from your Card Account whenever sufficient funds are available.  The liability includes our costs to collect any deficit including, to the extent permitted by law, cancellation fees, collection fees, and reasonable attorney's fees.

We will not be liable for dishonoring any transactions presented for payment because of insufficient funds as a result of deducting fees.  However, we reserve the right to collect fees at a later date, without notice, for non-deducted fees because of insufficient funds.  There may be other fees imposed by the owners or operators of ATMs and Point-of-Sale (POS) equipment which are in addition to the fees contained in the Fee Schedule.  The Fees Schedule is subject to change at any time; however, we will provide written notification to you at least 30 days in advance of any change to the Fee Schedule.

You may obtain information about the amount of money you have remaining in your Card Account by calling Customer Service at 1-866-595-3098 (toll free).  This information, along with a 60-day history of account transactions, is also available online at www.eptransfer.com.  You also have the right to obtain a 60-day written history of account transactions by calling Customer Service or by writing us at Electronic Payment & Transfer Corp, 5150 Palm Valley Road, Suite 208, Ponte Vedra Beach, FL, 32082.  Statement printing and postage fees may apply.

You are entitled to receive a transaction record or receipt at the time you use the Card at an electronic terminal or ATM.  You agree that we may provide periodic statements and other notices, hereunder electronically at www.eptransfer.com, including periodic statements, amendments to this Agreement including any changes to the Fee Schedule and Terms and Conditions of your use of the Card and Card Account, and any other disclosures.

You agree that We are not liable to complete transactions under the following circumstances:

You agree to settle all disputes regarding POS purchases made using the Card with the merchant who honored the Card.  If you are entitled to a refund for any reason for goods and services obtained with the Card, you agree to accept credits to your Card Account.

If your Card has been lost or stolen or used without your permission, you must notify us immediately at 1-866-595-3098.  When you notify us by telephone, we may require you to confirm the loss, theft, or unauthorized use in writing to us at Electronic Payment & Transfer Corp, 5150 Palm Valley Road, Suite 208, Ponte Vedra Beach, FL, 32082, Attention: Customer Service within ten (10) days of your verbal notification.  If we do not receive this written notification within ten (10) days, any claim you may have for loss may be rejected.  Failure to notify us immediately can result in the loss of any funds associated with the Card Account.  When you notify us that your Card has been lost or stolen, we will cancel the Card and transfer any funds in the Card Account to a replacement Card subject to our Fee Schedule.  In all transactions where a PIN is required, use of your PIN will authorize such transactions and you will be liable for all transactions made with your PIN.  Additionally, you shall be liable for transactions that require your PIN, access code or password, including transactions conducted through the internet.

In case of errors or questions about your Card Account, you can telephone us at 1-866-595-3098 (toll-free), write us at Electronic Payment & Transfer Corp, 5150 Palm Valley Road, Suite 208, Ponte Vedra Beach, FL, 32082, or email us at service@eptransfer.com.  If you believe an error has occurred to your Card account, we must hear from you no later than sixty (60) days after the earlier of the date you electronically accessed your account or the date we sent the first written history on which the error appeared.  You may request a written history of your transactions at any time by calling Customer Service at 1-866-595-3098 (toll-free).  You must provide the following information to us:

We will determine whether an error occurred with 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 account within ten (10) business days for the amount you believe is in error, so that you will have 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 it within ten (10) business days, we may not credit your account.

For errors involving new card accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question.  For new card accounts, we may take up to twenty (20) business days to credit your card account for the amount you believe is in error.

We will tell you the results of our investigation with three (3) 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.  If you need more information about our error resolution procedures, call us at 1-866-595-3098 (toll-free) or 904-280-4135 or visit us at www.eptransfer.com.

To help the government fight terrorism and money-laundering activities, the U.S. Congress has passed the USA PATRIOT Act, which requires us to obtain, verify, and record information that identifies persons who engage in certain transactions with or through the company.  This means that we will verify your name, residential or street address, date of birth and social security number or other tax identification number.  We may also ask for a driver’s license or other identifying documents from you before opening your card account.

You agree that, except with respect to our right to seek injunctive relief as set forth herein, any and all claims, disputes or controversies arising from the use of the Card, that We do not resolve internally will be resolved by binding arbitration in accordance with the rules and procedures of the American Arbitration Association.  For a copy of their procedures or to initiate any such arbitration, either party must send notice of the claim to the American Arbitration Association in Orlando, Florida at the following address or phone number: American Arbitration Association, 315 East Robinson Street,Suite 290, Orlando, FL, 32801, 407-648-1185.  NOTICE: Except with respect to our right to seek injunctive relief as set forth herein, or if We do not resolve cardholder accounts internally, you and We agree to resolve all disputes and claims by binding arbitration and you agree that you herby waive all rights to a trial by a court or jury and to participate in any class action.

You agree, to the extent permitted by law, that you will not bring, join or participate in any class action as to any claim, dispute or controversy you may have against us or our agents, service providers, directors, officers, members and employees.  You agree to the entry of injunctive relief to stop such lawsuit or to remove you as a participant in the suit.  You agree to pay our reasonable attorney and court costs in any such action seeking relief.  This agreement is not a waiver of any of your rights and remedies to pursue a claim individually as provided above.  The agreement not to bring or participate in a class action suit shall survive the termination of this Agreement.

You agree that you will not transfer or assign your Card and Card Account and your obligations under this Agreement.  You agree that EP&T may assign their rights under this Agreement.

Unless otherwise required by applicable law, we may change the terms of this Agreement by providing you notice of the change in writing to your last know address or online at www.eptransfer.com or at our Customer Service number.

In the event that any provision of this agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the other provisions of this agreement.  Any one-time waiver of any provision of this agreement will not constitute a continuing waiver of that provision.

You acknowledge that We may use third parties to perform any or all of the services to be provided with respect to the Card and Card Account.  You agree that all such third-parties shall have no liability to you and you agree to hold them harmless from and against any and all liabilities, damages, losses, costs and expenses of any kind with respect to the Card, the Card Account or this agreement.  All such third-parties are third-party beneficiaries of this provision.

This agreement shall be governed under the laws of the State of Florida, with any dispute arising out of or related to this agreement to be conducted in St. Johns County, Florida.  In the case where arbitration is applied, any dispute arising out of or related to this agreement shall be conducted in as provided herein.  Any action, suit or proceeding permitted to be brought hereunder may be brought only in a state or federal court sitting in St. Johns County, Florida.  Each party agrees not to assert as a defense in any such arbitration or any such action, suit or proceeding that any claim is not subject to the jurisdiction of the arbitrator selected pursuant to the provisions herein or of the aforementioned court, that the arbitration, action, suit or proceeding is brought in an inconvenient forum, that the venue of the arbitration, action, suit or proceeding is improper or that this agreement or the subject matter hereof may not be enforced by such arbitrator or such court.  The prevailing party in any arbitration or litigation to enforce the terms of this agreement shall be entitled to reasonable attorney’s fees, paralegal fees and costs incident to the enforcement of the subject Agreement.