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Terms & Conditions

This MY PayCard Agreement (the “Agreement”) applies to the MY PayCard Visa® Card issued in your name by Hancock Bank, a trade name of Whitney Bank, pursuant to a license from Visa U.S.A. Whitney Bank offers and provides financial products and services through its locations in Mississippi, Alabama and Florida as Hancock Bank and as Whitney Bank in Louisiana and Texas.

MY PAYCARD AGREEMENT

AND

IMPORTANT INFORMATION CONCERNING

ELECTRONIC FUNDS TRANSFER

Revised: April 2014


The terms and conditions of this Agreement will govern your use of the MY PayCard bearing the Visa® logo and hologram (the “Card”). “You" and "your" refer to you and all other persons signing the MY PayCard Registration Form (the “Registration”) or who are otherwise authorized to use your Card (or who are otherwise liable for your proper use of the Card) and “we," "our," "us" refers to Hancock Bank, a trade name of Whitney Bank. “Agreement” refers to the terms and conditions contained herein or incorporated by reference, as hereafter modified, amended, or superseded, your MY PayCard Registration form, the MY PayCard Fee Schedule, our Privacy Policy, and any relevant state or federal law.

1. Card. The Card is a pre-paid, stored-value card. Associated with this Card is a limited purpose, stored-value account in which funds deposited by your employer are maintained (the “Account”). Your sole right to the funds attributed to the Account is to access the funds in the Account using the Card according to the terms and conditions of this Agreement. You may only access the funds maintained in the Account via the Card. You may not make any deposit, withdrawal or any other transaction with the Card, except for the Card transactions described herein.

The Account is not a depository account that we open and maintain for you. And, neither the funds maintained in the Account and accessed via the Card nor the Card itself are FDIC-insured.
2. Card Registration. To request a Card you must complete, sign, and deliver a Registration form to your employer, who will submit it to us on your behalf. By requesting a Card, you agreed with your employer to receive all or a portion of your wages, salary, other compensation, reimbursements or expenses by means of funds deposited into the Account and thereby loaded onto the Card. By requesting the Card, you also authorize your employer to provide us certain information about you, including your social security number and address. In our sole discretion we may refuse to issue the Card to anyone for any reason.
3. Card Issuance. We will issue the Card to you following our approval of your Registration. By retaining and/or using the Card, you agree that the Card, and the money or funds stored in the Account and accessed via the Card, are subject to the terms and conditions set forth in this Agreement. You must sign the Card in the space provided before using it. While we offer the Card to you through your employer, your employer is not the issuer of the Card and is generally not otherwise responsible for your Card or for your use of the Card.
4. Activation. In order to activate your card, call Card Services at (866) 730 8246 and follow the voice prompts. Funds can be loaded onto a “ready to activate” card. However, you will not be able to initiate transactions with the Card until you activate the card.
5. Your Personal Identification Number/Signature on the Card. In order to protect the use of your Card for ATM and Point-of-Sale (“POS”) Debit transactions with certain merchants, a personal identification number ("PIN") will be required. Using the voice response unit (VRU), you can activate your card. A PIN will be assigned during the activation process. You can customize your PIN at any time after your card is activated. You agree: (i) not to disclose your PIN to anyone; (ii) not to write your PIN on your Card or anything else likely to fall into the wrong hands; and, (iii) to keep your Card and PIN in a safe, secure place. We recommend that you follow these guidelines for selecting and safeguarding the privacy of your PIN: (i) you should not select a PIN number that can be associated with you or your personal information (e.g. your telephone number, birth date or social security number); (ii) as your PIN, you should select a random number easily memorized by you; (iii) do not orally communicate your PIN to any device; and, (iv) make sure your PIN cannot be observed by others when entering it into an ATM or POS terminal. If the security or confidentiality of your PIN is compromised, you should notify us at once. A PIN may not be needed in order to purchase goods or services at merchant locations that accept Visa Cards. There is a panel on the back of the Card for your signature. You should sign this panel as soon as you receive the Card to help protect your Card from unauthorized use. However, your responsibility for transactions with the Card, as described in this Agreement, does not depend on whether or not you sign your Card.
6. Loading Value On The Card. For each pay period, your employer is responsible for providing us with both the funds to be loaded onto the Card and instructions for loading those funds according to the schedule and by the deadlines provided in the employer's agreement with us. We have no obligation to you in the event your employer delays or fails to provide either funds or instructions for loading those funds onto your Card. These funds are available for your withdrawal as stated in that disclosure titled “Your Ability to Withdraw Funds” below. If your payday or the day on which we receive the funds from your employer, as applicable, is not a Business Day for us, the funds will be available to you by the opening of business on the next Business Day (as defined below) on which we are open.
7. Employer’s Rights to the Funds. You hereby agree that your employer has the right to deduct funds from the funds stored on the Card in order to correct a previous error or overpayment to you or for other reasons. You hereby authorize us to accept instructions from your employer to add or deduct funds from your Card, and, in the case of a deduction, to return those funds to your employer without prior notice to you. If you have a dispute with your employer about the amount of your wages, salary, reimbursements, or other compensation or payments, or the amount that the employer loads onto or deducts from the Card, you agree to not involve us in that dispute and to resolve that dispute solely with your employer.
8. Card Balances. The Card has no minimum balance requirement. You should be provided notices by your employer as to the amounts that it has given us for your use. You should keep a record of the withdrawals, fees, and other transactions using your Card so that you always will know the current balance of funds stored on your Card. Because of operational constraints related to processing or posting transactions on your Card, there may be times when your actual balance is more or less than the funds made available to you or the balance shown on your statement, on any balance inquiry at an automated teller machine (“ATM”), or otherwise. The amount of funds shown on our records as stored on the Card will be determinative of the balance on the Card, unless you can show us differently to our satisfaction. There is no credit line associated with your Card. This means that you must have a sufficient balance of funds stored on the Card at the time of a transaction in order to pay for the transaction. If a merchant or an ATM operator attempts to submit a transaction on the Card for an amount that is greater than the current balance of funds stored on your Card, we have no obligation to approve that transaction, even if we previously have approved other overdrafts. If, in our sole discretion, we settle or pay a Card transaction and you are without sufficient funds stored on the Card to cover the transaction an overdraft will result in your related stored-value account. You agree to pay us the amount of the overdraft. We may deduct the overdraft amount from the funds stored on your Card. We do not pay any interest on the balance of funds stored on the Card.
9. Transactions with Your Card. You may use your Card to engage in the following types of transactions:

(i)make cash withdrawals or balance inquiries at our ATMs or those bearing the Visa, STAR or PLUS logos;
(ii)make cash withdrawals at any bank or bank branch displaying the Visa logo;
(iii)pay for merchant goods or services at POS terminals; and
(iv)conduct any other transactions as services or features that we may permit from time to time.
10. Limitations on Card Transactions. The maximum dollar amount of ATM or debit “cash back” transactions that you may request and that we will authorized during any Business Day (as defined below) is limited to the lesser of $1,200 or the balance of available collected funds stored on your Card. In addition to this maximum dollar amount per Business Day, you cannot request a single ATM or debit “cash back” transaction that exceeds $600 or more than a total of six ATM or debit “cash back” transactions during a Business Day. Please note that in addition to these limitations, the operator of an ATM or other electronic terminal or a merchant may place further limitations on the maximum dollar amount or frequency of such transactions. We may require that a merchant obtain our authorization before permitting you to conduct a debit card transaction. We may also establish other requirements and restrictions that must be satisfied before you may use your Card to conduct debit card transactions. You may not place a stop payment order on any debit card transaction. For this reason, you should inquire about a merchant’s return or refund policy before entering into a debit card transaction.
11. Illegal, Gambling, and High-Risk Transactions. You agree that you will not use your Card for any transaction that is illegal in the jurisdiction where you live, in the jurisdiction in which the transaction is consummated, or in any other jurisdiction affected by the transaction. You agree that it is your responsibility to determine the legality of each transaction in all applicable jurisdictions before you enter into the transaction. Display of the Visa, STAR or PLUS logos or any other logo by any person accepting the Card does not indicate that the transaction is legal in all applicable jurisdictions. You acknowledge and agree that we have no obligation to monitor, review or evaluate your Card transactions for legality and that we may presume that all of your Card transactions are legal in all applicable jurisdictions. You also agree that you will not use your Card in connection with any Internet gambling or other on-line gambling transaction, whether or not gambling is legal in any applicable jurisdiction. We reserve the right (but not the obligation) to decline any transaction that we believe is an illegal transaction, an Internet gambling transaction and otherwise high-risk transactions. To the fullest extent permitted by law, you further agree that we are not responsible for the recovery or reimbursement to you of any funds transferred in connection with any transaction authorized by you that is determined to be illegal.
12. Holds and Posting of Transactions. You authorize us to use the funds stored on your Card or in the related stored value account to pay the total amount of any transactions originated by use of your Card. Your use of the Card at POS terminals is regarded as a withdrawal from and/or a demand on those funds at the time the Card is used, even if the transaction is not posted at that time. After we authorize a transaction from a POS terminal, we may place a "hold" on the funds stored on your Card or in the related stored-value account. Examples of merchants who may place a hold above the initial transaction amount are Hotels (15%), Restaurants (20%), Mail Order (15%), Car Rental (15%), Automated Fuel Dispenser ($50), and Cruise Lines (15%). This hold will be released when documentation matching the authorized transaction amount has cleared processing, or three Business Days after the transaction date, whichever occurs first. If the period ends on other than a Business Day, the hold will be released at the close of the next Business Day. The amount of the transaction will be posted upon our receipt and processing of the supporting documentation. You agree that we will not be liable to you for failure to authorize subsequent transactions and/or the failure to pay other items drawn on your funds or related stored-value account as a result of the hold.
13. Overdrafts. We will have no obligation to authorize any Card transaction that would exceed the balance of collected funds stored on your Card. However, in the event that an overdraft does occur, you agree to pay immediately upon demand the amount of the overdraft. We do not authorize an “overdraft.” An overdraft is an uncommon event and occurs when settlement happens after an authorization hold has been released – and the funds have already been spent. For example, the merchant settles legitimately after the 3 day authorization hold has been released and the funds have already been spent. Another type of potential overdraft is “Pay at the Pump”. A customer who has a $50 balance may purchase gasoline at “pay at the pump”, which authorizes $1.00 from Visa and $49.00 in added authorization (tolerance). If this person pumps $60 in gas, there would be a $10 overdraft. In addition, cardholder fees can take the card negative. You will be liable for the amount of the transaction even if we authorize a Card Transaction at a time when you did not have sufficient collected funds stored on your Card to cover the transaction.
14. Fees and Charges for Use of the Card. You acknowledge that you have been provided the current MY PayCard Fee Schedule (the “Fee Schedule”). You agree to pay all applicable Card fees in effect from time to time, and you authorize us to deduct these fees from the funds stored on your Card without any further notice or demand, even if your Card is inactive, abandoned, or unclaimed. We shall not be liable for dishonoring transactions on your Card because of insufficient funds resulting from deduction of these fees and other charges. If you use a non- Hancock or non-Whitney ATM or a POS terminal to receive cash or to make an inquiry, the owner or operator of that ATM or POS terminal may charge you a fee, in addition to any fees charged under this Agreement, and even if we have agreed not to charge fees for that transaction. In addition, you may be charged fees by other third parties for use of your Card, such as (i) stores and merchants for POS transactions and (ii) other banks and financial institutions for cash withdrawals at their branches. You agree to pay the fees noted or referred to herein, as may be applicable, which automatically will be charged against your Card.
15. Transaction Documentation and Information.

a.Terminal Transactions.You will receive a receipt at the time you make any transaction with your Card using an ATM or POS terminal in the United States authorized for use by us.
b.Periodic Statements. We will send you a periodic statement showing all Transactions, including all deposits, withdrawals, or other transactions posted to your Card during the statement period, including any fees assessed by us against your Card during the statement period. We will send periodic statements to you monthly if Transactions post to your Card during a particular month, otherwise, we will send a periodic statement to you at least quarterly. You agree to examine promptly each statement delivered to you and to notify us if the statement reflects any debits or charges that you believe should not have been paid, in whole or in part, or any deposits not credited, in whole or in part. The statement shall be conclusively deemed to be correct unless you notify us in writing within thirty (30) days after the closing date of the statement.

We will send such periodic statements to the address provided to us by your employer in establishing your Card and related stored-value account or thereafter provided to us by your employer in maintaining your Card. Please note that it is your responsibility to ensure that your employer has provided us with your correct address and to thereafter ensure that your employer updates this information for any change in your address. If you need to update your address or think that we do not have your correct address, please contact your payroll department which can update this information for your Card and related stored-value account.
c.Balance Information. In addition, you can determine the balance of funds available on your Card (i) at any ATM, (ii) by calling (866) 730-8246 or (iii) via the internet at www.hbmypaycard.com. Because the fees described in this Agreement and the amount of any transaction may not be immediately posted to your account, the information provided at ATMs may not accurately reflect the current balance of funds actually on your Card.
16. Disputes with Merchants. If you use your Card at a merchant, and a dispute with the merchant arises, you agree to make a good faith effort to settle the dispute with the merchant. Any claims concerning property or services purchased with the Card must be resolved by you directly with the merchant or seller who accepted the Card, and any claim or defense that you assert will not relieve you of your obligation to pay us the total amount of the charge. You cannot stop payment to merchants for transactions made through the use of your Card.
17. Foreign Exchange. If a Card transaction is made in a foreign currency, it will be converted by Visa International into US Dollars. Visa International will use the procedures set forth in its operations regulations in effect at the time the transaction is processed. Currently, those regulations provide that the currency conversion rate to be used is either a wholesale rate or a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the preceding date may differ from the rate in effect on the transaction date or the posting date. The currency conversion rate used may be the same as, greater than, or less than the amount that would be calculated by conversion through a financial institution in the country in which the purchase occurred or cash was obtained. We do not determine the currency conversion rate. The currency conversion transaction fee charged by Visa on transactions where the country of the card issuer is different from the country where the transaction is completed will not be included in the transaction amount as billed by Visa, but will be reflected as a separate amount and will be billed through the card issuer, Hancock Bank. The amount of the currency conversion fee is determined by Visa and is currently 1% of the transaction amount. If a credit is subsequently given for a transaction, it will be decreased by one percent (1%). If the credit has a different processing date from the original transaction, then the exchange rate of the credit can be greater or less than that of the original transaction. You agree to accept the converted amount in US Dollars.
18. Your Responsibilities. You are responsible for using your Card in accordance with the terms and conditions of this Agreement. Furthermore, you will be responsible for all transactions conducted by you or anyone else who uses your Card (and, if applicable, your PIN) with your knowledge or consent. Additionally, any other person who uses your Card (and, if applicable, your PIN) is responsible for all transactions he or she makes and for all transactions made by others with his or her permission.
19. Our Liability. If we do not complete a transfer to or from your Card on time or in the correct amount according to the terms and conditions of this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance if:

(i)through no fault of ours, you do not have enough money stored on your Card to make the transfer;
(ii)the ATM where you are making a withdrawal does not have enough cash;
(iii)the terminal or system was not working properly and you knew about the breakdown when you started the transfer;
(iv)you have exceeded any limitations on the number or dollar amount of transfers;
(v)your Card or PIN has been reported lost or stolen, or your Card had been damaged;
(vi)we do not receive the necessary transfer data from a third party, or if such data is incomplete or erroneous when we receive it;
(vii)we have reason to believe that the transfer was not properly authorized or is fraudulent;
(viii)a merchant or other financial institution refuses to accept your Card or does not properly handle the Card transaction;
(ix)any failure on our part was not intentional and resulted from a bona fide error, notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special or consequential damages);
(x)the funds stored on your Card are subject to dispute, court order, legal process or other restriction prohibiting the transfer;
(xi)making the transfer would cause us to violate any law, rule or regulation to which we are subject;
(xii)circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures or natural disasters) prevent the transfer, despite reasonable precautions that we have taken;
(xiii)this Agreement has been terminated; or
(xiv)for any other reasons stated elsewhere in this Agreement.
20. Disclaimer of Liability. In providing the Card and related services to you, we assume no responsibility beyond the exercise of due care, and disclaim any duty or responsibility other than those expressly set forth in the terms and conditions of this Agreement.
21. Terminal Availability. Although electronic terminals should be generally reliable, they may not always be operating properly and available for your use at all times. You agree not to attempt a transaction when the circumstances indicate that the electronic terminal is closed, is not operating properly, or is otherwise unable to effect the transaction you desire. Electronic terminals may be closed from time to time. You agree that we will not liable for any damages resulting from the unavailability or failure of electronic terminals to operate, except as required by applicable law.
22. Your Liability for Unauthorized Transfers. An “unauthorized transfer” means a transfer from your Card that is initiated by another person without your actual or apparent authority to initiate the transfer and from which you receive no benefit. An “unauthorized transfer” does not include any transfer that is initiated by a person who you furnish the Card or PIN, unless you have notified us that the transfers by that person are no longer authorized and we have had a reasonable opportunity to act upon that notification.

a.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 stored on your Card.
b.If your Card is used in connection with an unauthorized transaction that was processed through the Visa Network, your liability for such unauthorized use will not exceed $0 if (1) you reported the loss or theft of your Card to us, and (2) you did not act grossly negligent or fraudulently in handling the Card. If the foregoing does not apply to the particular unauthorized transactions, the provisions noted in sub-sections (c), (d), and (e) which immediately follows will govern your liability for unauthorized transactions.
c.For unauthorized transactions not covered under sub-section (b) above, if you tell us within 2 Business Days after you first learn of the loss or theft, and you can lose no more than $ 50 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 or PIN without your permission if you had told us, you could lose as much as $500.
d.Also, if your 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 mailed to you, you may not get back any money you lost after the 60 days if we can prove that you could have stopped someone from taking the money if you had told us in time.
e.If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend those time periods.
f.If you believe that your Card has been lost or stolen or that someone has transferred or may transfer money from your Card without your permission, call: Cardholder Services at (866) 730-8246 or write: Cardholder Services, Inc. P.O. BOX 7235 SIOUX FALLS, SD 57117-7235
23. Inactive or Abandoned Accounts. We will consider the stored-value account related to your Card to be inactive if, over a period of ninety (90) days, no funds have been loaded onto your Card, you have not used the funds stored on your Card or in the related stored-value account, or the statements or notices we send to you are returned as undeliverable. We may in our discretion terminate your inactive Card and return the balance of funds remaining on the Card to your employer. Those funds and that account also may be presumed abandoned after a certain period of time as provided by applicable law. You agree to pay any applicable fees for inactive or abandoned funds and accounts provided in our Fee Schedule. Funds that are presumed to be abandoned will be returned to your employer who will be responsible to escheat such funds to the state in which they are maintained in accordance with applicable law.
24. Business Days. Our Business Days are Monday through Friday, excluding federal holidays. For purposes of the Limitations On Card Transactions section of this Agreement only, our Business Days are Monday through Sunday, including Saturday, Sunday and holidays recognized by the Federal Reserve Bank and each business day for the purpose of that section only is a rolling 24 hour period. Thus, for example, you could withdraw $600 at 10 AM and another $600 at 5 PM on Monday and yet another $600 the immediately following Tuesday at 11AM because you have not withdrawn more than the maximum daily limit of $1,200 during the 24 hour period beginning at 10AM on Monday and ending at 9:59 AM on Tuesday or the 24 hour period beginning at 5PM on Monday and ending at 4:59PM on Tuesday. However, you could not withdraw $600 at 10 AM and another $600 at 5 PM on Monday and yet another $600 the immediately following Tuesday at 9AM because you have attempted to withdraw a total of $1,800 during the 24 hour period beginning at 10 AM on Monday and ending at 9:59AM on Tuesday. As illustrated by this example, a Business Day is not limited to the 24 hour interval starting and ending on one calendar day, but, can span calendar days. The foregoing examples presume that you have sufficient balance of available collected funds stored on your card to otherwise cover such transactions.
25. Privacy Policy. As a wholly-owned subsidiary of Hancock Holding Company, our policy regarding the collection, use, and safeguarding your non-public personal information that we obtain in providing the Card services to you is set forth in the Hancock Holding Company Privacy Policy Notice (the “Privacy Policy”). You will receive a copy of this Privacy Policy when we issue the Card to you. You can also review this Privacy Policy at either http://www.hancockbank.com. or http://www.whitneybank.com. You should review this Privacy Policy and retain a copy of it for your records.
26. Disclosure of Information About Your ATM and Debit Card Transactions. Without limiting the generality of permissible disclosures and use of your non-public personal information as stated in our Privacy Policy, we will disclose information to third parties about your Card and the related stored-value account, or your ATM or POS transactions: (1) where it is necessary for completing ATM or POS transactions or resolving errors involving ATM or POS transactions; (2) in order to verify the existence and condition of your stored-value account for a third party such as a credit bureau or merchant; (3) in order to comply with subpoenas or government agency, or court orders; (4) in order to assist our affiliates in offering you other financial or insurance services, unless you have instructed us not to do so; or (5) if you give us your permission. Also, we may provide personal data to Visa U.S.A., its members, or their respective contractors for the purpose of providing Emergency Cash and Emergency Card Replacement Services, upon obtaining your consent.
27. Changes to Terms and Conditions. We may change the terms and conditions contained in this Agreement (including fees and charges) at any time by delivering notice of such changes to you at your address shown on our records, as required by applicable law. Our changes may include adding new terms and/or deleting existing terms. We will give you at least thirty (30) days notice prior to the effective date of any change. You agree that a summary of the change in terms is sufficient notice. If you continue to hold your Card or to use the Card after the effective date of any such change, either action will constitute your acceptance of the change. No change to any of the terms and conditions of this Agreement will be effective unless authorized by one of our corporate officers in writing.
28. No Waiver.Our failure to enforce the strict performance of any of the terms and conditions of this Agreement will not constitute a waiver of our right to subsequently enforce such terms and conditions.
29. Assignment. You may not transfer or assign your rights and obligations under this Agreement to any other person without first obtaining our written consent. We may assign our obligations to you under this Agreement without your consent or notice to you.
30. Terminating This Agreement. This Card shall remain our property and you agree upon demand to return the Card to us. You may terminate use of the Card at any time by notifying us at (866) 730-8246. We may terminate your right to use the Card at any time, for any reason or for no reason, and without any prior notice to you. If you cease to be employed by the employer through whom you applied for the Card, we may, in our sole discretion, choose either to: (i) immediately terminate your use of the Card, or (ii) permit you to withdraw any funds remaining on the Card, subject to the terms and conditions of this Agreement; but, once no funds remain stored on your Card, your use of the Card will automatically terminate. In any case, we may, without any liability to you, (i) refuse to accept any additional credit to the Card, whether from your employer or otherwise; and (ii) continue to assess any applicable fees against any funds remaining on your Card. Once your right to use the Card has terminated, whether by you or by us, we will arrange to transfer any remaining funds stored on the Card to your employer, and we may refuse to honor any Card transactions presented to us for payment. Termination of your right to use the Card, whether by you or by us, shall not affect prior transactions or obligations relating to your Card existing at the time of termination. If your employer attempts to load funds on the Card after your right to use that Card has terminated, you agree that we may accept and apply those funds to any debts you owe to us, including any applicable fees and changes under this Agreement. We will have no liability to you for any damages you may suffer as a result of any termination.
31. Notices. You agree to send us written notice of any change in your address. Any notice we send you will be considered effective when it is deposited in the U.S. Mail to the address we have for you in our records. Unless otherwise provided in this Agreement, notice from you must be in writing and will be effective upon receipt, provided we have a reasonable opportunity to act on it.
32. Collection Expenses. To the extent permitted by applicable law, you agree to pay all expenses that we actually incur in the collection of any amounts you owe under this Agreement, or in connection with any legal process affecting your Card, the funds stored on that Card, or any ownership or authority disputes regarding those funds where we are the prevailing party. We may charge your Card for such costs and expenses without further notice to you, including reasonable fees paid to our attorneys who are not our salaried employees.
33. Right of Set-Off. You agree that we are authorized at any time to apply the funds stored on your Card or in the related stored-value Account to any and all debts or liabilities you now or later may owe to us. We may exercise their right of set-off without notice to or demand on you, unless otherwise required by applicable law.
34. Adverse Claims. If we are notified or have reason to believe that the ownership of or the right to make withdrawals from the funds stored on your Card or in the related stored-value account is disputed, we have the right to rely on your instructions. At our option, however, we may place a "hold" on funds until resolution of the controversy, or we may accept an indemnity satisfactory to us, or we may deposit the funds with a court until a court order directs us to do otherwise. If we choose to deposit the funds with a court, you agree to reimburse us for all attorneys' fees and court costs we incur. No interest will be paid by us on funds deposited with a court.
35. Legal Process. We will use reasonable efforts to give you prompt written notice of any attachment, garnishment, levy or other binding state or federal legal process we receive affecting the funds stored on you Card or in the related stored-value Account. We may refuse to permit transactions on your Card until the legal process is satisfied or dismissed. We will not contest any such legal process on your behalf and may take action to comply with such process as we determine to be appropriate. All legal process is subject to our right of setoff.
36. Governing Law. The terms and conditions of this Agreement, the Card and the related storedvalue account, and any claim, dispute or controversy arising from or relating to the terms and conditions of this Agreement, your use of the Card, the stored-value Account, or the enforceability and interpretation of the terms and conditions of this Agreement, whether based on contract, tort, fraud and other intentional torts, statute, regulation, constitution, common law and/or equity, are governed by and will be construed in accordance with either (i) the laws of the State of Mississippi (without regard to internal principles of conflicts of law) and applicable federal law if your employer is providing you the MY PayCard service through Hancock Bank or (ii) with the laws of the State of Louisiana (without regard to internal principles of conflicts of law) and applicable federal law if your employer is providing you the MY PayCard Service through Whitney Bank. Any provision of these terms and conditions that conflicts with applicable law shall automatically be deemed amended to the extent necessary to make it conform to such applicable law as of the effective date thereof and shall be binding upon you without necessitating that we formally amend this Agreement.


NOTICE OF ERRORS


In Case of Errors or Questions about Card Transactions. If you think your statement, acknowledgement or receipt is wrong, or you need more information about a transaction listed on the statement, acknowledgement or receipt, telephone us at (866) 730-8246 or write us at Cardholder Services, Inc. P.O. BOX 7235 SIOUX FALLS, SD 57117-7235 as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

a. When you contact us: (i) tell us your name, your Card number; (ii) describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information; and (iii) tell us the dollar amount of the suspected error.
b. If you give us this information orally, we may require that you follow up by sending us your complaint or questions in writing within 10 Business Days.
c. We will tell you the results of our investigation within 10 Business Days (20 Business Days if the transfer occurred within 30 days after the first deposit to the account was made) 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 foreign initiated transfer, a point-of-sale transaction or occurred within 30 days after the first deposit to the account was made) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days (20 Business Days if the transfer occurred within 30 days after the first deposit to the account was made) for the amount you think is in error. You will have use of 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 the 10 Business Days, we may not credit your account.
d. If we decide that there was no error, we will send you a written explanation within 3 days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.


Your Ability to Withdraw Funds

Our policy is to make the funds deposited by your employer into the stored-value account associated with your Card available to you on the payday established by your employer or the day we actually receive the employer's deposit, whichever is later. If your employer fails to provide us with both the funds to be deposited and instructions for depositing those funds into the stored-value account related to your Card by the deadlines provided in our agreement with your employer, the availability of those funds will be delayed until we receive both the funds and the instructions. Once the funds are available, you can withdraw funds in cash and we will use the funds to pay your transactions on your Card.



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