BENTO PREPAID MASTERCARD®

CARDHOLDER AGREEMENT

Terms and Conditions

IMPORTANT – PLEASE READ CAREFULLY

Effective: 10/06/2015
 

This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which the Bento MasterCard Prepaid Card has been issued to you by Community Federal Savings Bank (“Community Federal Savings Bank or “Issuer”). The Issuer is an FDIC insured member institution.

Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.

NOTE:  this Agreement only governs your use of the Card, not your overall participation in the Bento for Business Program.  Participation in that program is pursuant to your separate Terms of Service with Merge, Inc. (d/b/a Bento for Business), which you can find here: http://bentoforbusiness.com/legal/terms-service/.  We are not a party to that separate agreement and have no rights or obligations under it.

KEY DEFINITIONS

Card” means the Bento Business MasterCard Prepaid Card issued to you by Community Federal Savings Bank solely for business use. By activating the Card, you agree to be bound by the terms and conditions contained in this Agreement.

Card Account” means the records we maintain to account for the value of transactions that occur in connection with the Card.

Account Owner,” “you” and “your” mean the entity that has qualified for and established a Card Account pursuant to this Agreement.

Authorized User” means any designated person you authorize to use the Card on your behalf and subject to all of the obligations set out in this Agreement that apply to you.

Servicer” means Merge, Inc. (d/b/a Bento for Business) (hereinafter “Bento”), which provides the customer service for the Card.

We,” “us,” and “our” mean the Issuer, our successors, affiliates or assignees.

Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

IMPORTANT TERMS

The Account Owner is responsible for informing each Authorized User of the terms in this Agreement.  Each Authorized User must accept and agree to be bound by this Agreement in order to receive and use the Card.

You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You agree that any Authorized User will sign the back of the Card immediately upon receipt.  The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer 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. The Card is not designed for personal, family, or household use, and we may close your Card if we determine that it is being used for personal, family, or household purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OBTAINING A CARD

When you (or an Authorized User) request(s) a Card connected to a Card Account, we will ask for certain information from or regarding the Authorized User.  Under certain circumstances, we may request verification of employment, driver’s license or other identifying documents.

CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS

          Your Consent

To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

          Your Right to Withdraw Your Consent

Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at:

Bento for Business
Cardholder Services
PO Box 190608
San Francisco CA 94199

If you withdraw your consent to receive Communications electronically, we reserve the right to close your Card Accounts if you are the Primary Cardholder and return your remaining Card Account balance as set forth in this Agreement (in which case you will no longer be able to use your Card, except as expressly provided in this Agreement) or charge you a fee for paper copies of Communications. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

          You Must Keep Your Contact Information Current With Us

In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on www.bentoforbusiness.com.

          Copies of Communications 

You should print and save and/or electronically store a copy of all Communications that we send to you electronically.

          Hardware and Software Requirements

In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 9 (or higher), Mozilla Firefox  33.0, Safari 8, or Chrome 39; (5) a Current Version of a program that accurately reads and displays PDF files (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.

          Changes to Form of Communication

We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating this Agreement on the Website or delivering notice of such termination or change electronically.

FDIC Insurance

The funds underlying your Card Account are FDIC insured up to the applicable limits, presently $250,000 per depositor, per ownership category.

Activate Your Card

You must activate your Card before it can be used. You may activate your Card by calling 855-782-1827 or by visiting bentoforbusiness.com. You will need to provide personal information in order to verify your identity.

Personal Identification Number

You will not receive a Personal Identification Number (“PIN) with your Card Account. You may create your own Personal Identification Number (“PIN) for your Card Account by calling 855-782-1827 or by visiting bentoforbusiness.com. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. 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.”

Authorized Card Users

The Primary Cardholder is responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

Secondary Cardholders

Current Debit Card cardholders who continue to meet the original Debit Card eligibility requirements may request secondary Debit Cards. The Primary Cardholder warrants and agrees that he or she will be liable for all charges incurred by the secondary cardholders to the same extent and as if they were charges made by the primary cardholder.

Your Representations and Warranties

By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) You are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or alien residing in the United States or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.

Cash Access

With your PIN, the Account Owner may use a Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the MasterCard®, Maestro®, Pulse®, or Cirrus® Acceptance Marks. All ATM transactions are treated as cash withdrawal transactions. An Account Owner may use a Card at an ATM. There may be limits on transactions which may be found in the Fee Schedule and Limitations table.  Authorized Users cannot obtain cash using a Card at an ATM or POS device.

Loading Your Card

You may add funds to your Card, called “value loading”, at any time; the initial value load, as well as each value reload is referred to in this Agreement as a “load”. The minimum amount of a load is $0.01. You may load your Card via ACH load from your Savings or Checking account. Limitations on amounts that may be added to your card may be found on the Fee Schedule and Limitations table. In addition to the limitations outlined in the Fee Schedule and Limitations, Bento may impose different load limitations. You can obtain information on how to load your Card at bentoforbusiness.com. You will have access to your funds immediately after activation and within one (1) hour after any value load. Personal checks, cashier’s checks, and money orders sent to the Issuer or Servicer are not an acceptable form of loading. All checks and money orders sent for Card loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Card at our discretion.

Using Your Card/Features

Your Card may be used for retail purchases, telephone or Internet purchases, ATM withdrawals and transfers. There are limitations on these transactions as well as limitations on the loading and card balance.  This information may be found on the Fee Schedule and Limitations table.

You may use your Card to purchase or lease goods or services everywhere Debit MasterCard and Maestro cards are accepted as long as you do not exceed the value available on your Card Account. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $100 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorizatlon amount will place a “hold” on your available funds until the merchant sends us the final  payment amount  of  your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to 10 days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

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 not use your Card for online gambling or any illegal transaction.

Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in 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.

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 transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

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 and agree to the refund policy of that merchant. Neither the Issuer nor Bento is responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

Card Replacement

If you need to replace your Card for any reason, please contact us at 855-782-1827 to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. You may also order a replacement card at bentoforbusiness.com.

Transactions Only In U.S. Dollars

Your Card can be used only for purchases made in U.S. Dollars.  Transactions in foreign currencies are not authorized.

Receipts

You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts. Some merchants may not provide a receipt for small dollar purchases.

Card Account Balance/Periodic Statements

You are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction. You may obtain information about the amount of money you have remaining in your Card Account by calling 855-782-1827. This information, along with a sixty (60) day history of Card Account transactions, is also available online at bentoforbusiness.com. You will not receive paper statements.

Fee Schedule

We impose no fee for use of the Card, other than a $15,00 fee for expedited delivery should you request it.  Bento may impose fees as part of the Bento for Business program; those fees are described in your separate agreement with Bento at http://bentoforbusiness.com/legal/terms-service/.

If you use an ATM not owned by us for any transaction, including a balance inquiry, you may be charged a fee (sometimes referred to as an ATM surcharge) by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third-party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Card.

Confidentiality

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

  1. Where it is necessary for completing transactions;
  2. In order to verify the existence and condition of your Card for a third party, such as merchant;
  3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;
  4. If you consent by giving us your written permission;
  5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
  6. Otherwise as necessary to fulfill our obligations under this Agreement.

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:

  • If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
  • If a merchant refuses to accept your Card;
  • If an ATM where you are making a cash withdrawal does not have enough cash;
  • 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;
  • If access to your Card has been blocked after you reported your Card lost or stolen;
  • If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
  • lf we have reason to believe the requested transaction is unauthorized;
  • 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; or
  • Any other exception stated in our Agreement with you.

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 855-782-1827. We will not assess any liability for unauthorized card transactions on your Card Account if you notify us within two (2) business days 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 (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. If you notify us within two (2) business days of any unauthorized transactions, you can lose no more than $50.00 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 $500.00 or more.

Also, if you become aware of or bentoforbusiness.com shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled “Information About Your Right to Dispute Errors”. If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the transaction history 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 prevent further losses.

 AUTHORIZED USERS ARE NOT THIRD-PARTY BENEFICIARIES

Authorized Users are not third-party beneficiaries of this Agreement and may not bring any action or assert any claim to enforce any rights or obtain any remedies under this Agreement.
Other Miscellaneous 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 any time. 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 laws of the State of New York, without regard to choice or conflict of laws.

Amendment and Cancellation

We may amend or change the terms and conditions 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. If i) after an initial load your Card Account balance is $0.00 and your Card has been inactive for three (3) or more months; or ii) we learn that a settlement will not be loaded to the Card and no other loads have been made, your Card Account may be closed. You may cancel this Agreement by returning the Card to us. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

We may close this Card or temporarily or permanently limit specific activities the Card can perform at any time upon suspecting or observing potentially fraudulent activity or activity otherwise prohibited by this agreement. In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. There is a fee for this service. Please refer to the Fee Schedule and Limitations table. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.

Information About Your Right to Dispute Errors
In case of errors or questions about your Card Account, call 855-782-1827 or write to:

Bento for Business
Cardholder Services
PO Box 190608<
San Francisco CA 94199

We will allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, 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 or writing us at the contact information listed above. You will need to tell us:

  1. Your name and Card Account number;
  2. Why you believe there is an error, and the dollar amount involved; and
  3. Approximately when the error took place.

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

We will determine whether an error occurred within ten (10) business days of hearing 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 think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If you do not have federal payments (for example, Social Security benefits, tax refunds or other government payments) deposited to your Card Account, we may not credit your Card. If we ask you to put your question or complaint in writing and you do not provide it within ten (10) business days, we may not credit your Card.

For errors involving 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 \Vi1l send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, contact us at the telephone number or address shown above.

English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service

For customer service or additional information regarding your Card, please contact us at:

Bento for Business
Cardholder Services<
PO Box 190608
San Francisco CA 94199

Bento for Business Customer Service agents are available to answer your calls Monday through Friday, 9am to 5pm Pacific Time,  excluding federal holidays.

Telephone Monitoring/Recording

From time-to-time, we may monitor or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

No Warranty Regarding Goods or Services as Applicable

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

DISPUTE RESOLUTION BY BINDING ARBITRATION

For any and all controversies, disputes, demands, claims, or causes of action between you (which includes for purposes of this provision any Authorized User) and us (including the interpretation and scope of this section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Cards, your Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district located in the borough of Manhattan, in New York City, or may be conducted telephonically at your request.  As used in this section, “we” and “us” mean Bank and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives.  In addition, “we” and “us” include Servicer and any third party providing any product, service, or benefit in connection with the Cards, the Card Accounts or this Agreement (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim or cause of action subject to this section.

Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules. Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in a federal or state court located in the federal judicial district of Account Owner’s principal location or in New York City, New York, in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located therein for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.

You agree to the following in connection with any arbitration: (a) no class or similar group arbitration will be permitted; (b) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (c) subject to any limitations of liability in this Agreement, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (d) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.

You understand and agree that, by agreeing to this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY DISPUTE BETWEEN US; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY DISPUTE BETWEEN US.

This arbitration provision will survive termination of the Card Account or this Agreement as well as any voluntary payment of any debt in full by Account Owner or bankruptcy by Account Owner, or you or any bankruptcy by you or us. With the exception of the provision of this section prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable or illegal part was not contained herein.