Consumer Payments Prepaid Card

Terms & Conditions

Bank of America Merrill Lynch Commercial Prepaid Card Personal and Business Cardholder Agreement

Effective Date: November 1, 2012

This Agreement (“Agreement”) is the agreement between you and Bank of America with respect to the issuance and use of the enclosed Prepaid Card (“Card”). This Agreement discloses the terms and conditions of your Commercial Prepaid Card Account and you are not entitled to any rights or benefits given to other deposit account customers or debit card holders at Bank of America unless such rights or benefits are contained in this Agreement . “Account” means the deposit account accessed by your Card. In this Agreement, “you”, “your” and similar words mean the person(s) who has received the Card and is authorized to use it as provided for in this Agreement; “we”, “us”, “our” and similar words mean Bank of America, N. A. and its successors and assigns; and “your sponsor” means the government agency, employer or other entity that has purchased your Card for your use.

1. GENERAL INFORMATION

Your Card is not a gift card. You have received your Card at the request of your sponsor as a means of delivery of funds for the purposes defined by your sponsor. Personal Cards can be used for any purpose you choose except if stated otherwise in the Schedule of Bank Fees provided with this Agreement (the “Fee Schedule”). Business purpose Cards can only be used to purchase goods and services specified by your sponsor and not for personal, family or household purposes. Other than additional amounts that may be added by your sponsor or as stated in this Agreement, no other amounts may be added to the balance available on your Card by you. Your sponsor will notify you of all amounts to be placed on your Card. Your Card will be subject to the fees and other conditions and limitations set forth in the Fee Schedule. You accept the terms of this Agreement and the Fee Schedule if: (a) you use your Card or allow another person to use your Card; or (b) you received your Card. Please read this Agreement and the Fee Schedule carefully and keep it for future reference. Your Card is our property, and we may revoke your Card at any time without cause or notice. You may not use an expired or revoked Card. No interest is paid on the balance on your Card for any period of time.

Business Days. For purposes of this Agreement, our business days are Monday through Friday, excluding bank holidays.

2. DEPOSITS TO YOUR ACCOUNT AND FUNDS AVAILABILITY

When Funds are Available for Withdrawal. Funds are available for your use on the day we have been instructed by your sponsor to fund your Account. Once the funds are available, you may make the transactions described below. Funds received by us may be delayed for a longer period if there is an emergency, such as failure of computer or communications equipment. We will notify you if we delay your ability to make transactions as a result of an emergency and we will tell you when funds will be available.

Overpayments and Reversals. If funds to which you are not entitled are deposited to your Account by mistake or otherwise, we may deduct these funds from your Account. If there are not enough funds , we may overdraw your Account. We can do this without giving you any prior notice or demand.

“Freezing” Your Account. If we suspect irregular, unauthorized, or unlawful activities may be involved with your Account, we may “freeze” (or place a hold on) the balance pending an investigation of such suspected activities. If we freeze your Account, we will give you any notice required by law.

3. USE OF YOUR CARD AND TYPES OF TRANSACTIONS

Your Sponsor may impose daily limits on transactions. Any daily limits will be set forth in the Fee Schedule.

Business Cards
You agree to use your Card to only purchase goods or services specified by your sponsor . You agree not to use your Card for personal, family, or household purposes. Your sponsor can monitor when and where you use your Card and will require reimbursement from you if you are not using your Card properly.

Point -Of-Sale Transactions
You may use your Card to purchase goods and services and, if applicable to your sponsor’s program, obtain cash at merchants that accept Visa® or Maestro® debit cards. Some transactions may require use of your Personal Identification Number (“PIN”). We or your sponsor reserve the right to restrict certain transactions. If your purchase amount is greater than the remaining value on your Card, most merchants will permit you to pay the difference with alternative methods.

You must inform the merchant before beginning your transaction and you must know the remaining value . You do not have the right to stop payment on any point-of-sale transaction originated by use of your Card. You agree that we are not responsible for goods or services purchased with your Card, if any merchant refuses to accept your Card, or for any other actions of the merchant. You will resolve disputes directly with the merchant, and accept any refund on purchases made using your Card as a credit to your Card.

Cash Access
If applicable to your sponsor’s program, you may use your Card and PIN to obtain cash or make balance inquiries at any Automated Teller Machine (“ATM”) displaying the Visa or Cirrus® logo. You may also use your Card to obtain cash at offices of financial institutions that accept Visa cards, including Bank of America banking centers (an Over the Counter, or OTC, transaction). We assess fees for ATM and OTC withdrawals as set forth in the Fee Schedule.

Minimum and Maximum ATM or Cash Transactions
For security reasons, there may be limits on the amount, number or type of transactions that you can make using your Card, and we may restrict access to your Card if we notice suspicious activity.

Most ATMs require that cash withdrawals be made in multiples of a dollar amount (e.g. $10 or $20). In addition, some ATM operators have maximum amounts that may be withdrawn at a machine in one transaction. Many merchants limit the amount of cash that may be obtained in connection with a purchase transaction.

Online Funds Transfer
If applicable to your sponsor’s program, your Card can be used to transfer funds online from your Account to a checking or savings account owned by you in the United States, subject to certain restrictions. This type of transfer may only be requested online via the Internet at www.bankofamerica.com/commercialprepaidcard. Once funds are transferred to your checking or savings account, you will not be able to have the funds returned to you if the routing number or account number you provide for your checking or savings account is not correct.

Foreign Transactions/Fees
If you use your Card to purchase goods or services in a foreign currency or in US dollars with a foreign merchant or to obtain currency from an ATM or an office of a financial institution in a foreign country (a “Foreign Transaction”), we will assess an International Transaction Fee. Please note that Foreign Transactions include U.S. internet transactions made in the U.S. but with a foreign merchant. If the Foreign Transaction is made in U.S. dollars, the International Transaction Fee will be 2% of that U.S. dollar amount . If the Foreign Transaction is made in a foreign currency, Visa or MasterCard will convert the transaction into a U.S. dollar amount, and the International Transaction Fee will be 2% of that converted U.S. dollar amount . Any International Transaction Fee will be shown in the transaction section of your monthly Account statement or in your Account history. The currency conversion rate used by Visa will be either (1) a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may differ from the rate Visa receives, or (2) a government-mandated rate in effect for the central processing date. The currency conversion rate used by MasterCard will be either (1) a wholesale market rate selected by MasterCard , or (2) a government-mandated rate. The rate used by Visa or MasterCard on the processing date may differ from the rate on the date of your transaction.

Legal Transactions
You agree that you will only use your Card for transactions that are legal. For example, Internet gambling transactions may be illegal in your state. Display of a Visa® or other logo by an on-line merchant does not mean that the transaction is legal where you conduct it. You agree that we may decline transactions we believe may be illegal or in violation of the applicable network rules. You also agree that if we do not decline the transaction, we may charge your Card and we are not liable to you if you engage in an illegal transaction.

4. USE OF YOUR CARD AND PIN; NEGATIVE BALANCES

Use of Your Card and PIN. Your Card and PIN are provided for your use and protection and you will:

Not disclose your PIN or record it on your Card or otherwise make it available to anyone else;
Use your Card, your PIN and any ATM only as instructed;
Promptly notify us of any loss or theft of your Card or PIN; and
Be liable for the authorized or permitted use of your Card and PIN.

Negative Balances. The amount available on your Card will be reduced by the amount of your transactions plus applicable fees. Any transaction that will create a negative balance on your Card is not permitted. However, if a negative balance on your Card does occur, you agree (a) that we may take the amount of the negative balance from subsequent additions to your Card or (b) to pay us on demand the amount of the negative balance.

5. RIGHT TO RECEIVE DOCUMENTATION OF TRANSACTIONS

Terminal Receipts. You usually can get a receipt at the time you make any transaction with your Card at an ATM, OTC or point-of-sale terminal; except that you may not get a receipt if the amount of the transaction is $15 or less.

Preauthorized Credits. You can call us at 1.866.213.8564, 1.866.656.5913 TTY, or 423.262.165 1 (Collect, when calling outside the U.S.), to find out whether or not a direct deposit has been made. See the Fee Schedule for a fee for speaking to a customer service representative.

Delivery of Statements and Notices. If you receive your monthly Account statement by mail, we will deliver it and any notices under this Agreement to the last address we have on our records for you. You agree to notify us promptly, in writing, at the address listed in Section 8 below, of any change of address or you may change your address online at www.bankofamerica.com/commercialprepaidcard. If you receive your monthly Account statement by mail, you may request that rather than receiving it by mail, you may review it electronically. If you wish to do so, you may make this election online at www.bankofamerica.com/commercialprepaidcard or you may contact the Customer Service Center at the address or phone number below.

CARDHOLDERS WHO DO NOT RECEIVE MONTHLY ACCOUNT STATEMENTS BY MAIL

Access to Your Account Information. You may obtain information about the amount of money you have remaining in your Account by calling 1.866.213.8564, 1.866.656.5913 TTY, or 423.262.165 1 (Collect, when calling outside the U.S.). This information, along with a 60-day history of Account transactions, is also available online at www.bankofamerica.com/commercialprepaidcard.

You also have the right to obtain a 60-day written history of Account transactions by calling 1.866.213.8564, 1.866.656.5913 TTY, or 423.262.165 1 (Collect, when calling outside the U.S.), or writing to us at: Bank of America, P.O. Box 8488 , Gray, TN 37615-8488 .

Prompt Review of Account Information. You agree to promptly review your Account information and to notify the Customer Service Center at the address or phone number above at once if any Account information shows transactions that you did not make or authorize. Section 8 below has more specific information about disputing transactions, fees, or errors.

CARDHOLDERS WHO RECEIVE MONTHLY ACCOUNT STATEMENTS BY MAIL

Monthly Card Account Statements. We will provide you with an Account statement monthly for every month in which your Account is open. The statement will include information about the transactions you made, your deposits, fees and adjustments to your Account.

Prompt Review of Statements. You agree to promptly review your monthly Account statements and to notify the Customer Service Center at the address or phone number above at once if any statement shows transactions that you did not make or authorize. Section 8 below has more specific information about disputing transactions, fees, or errors shown on your monthly Account statement.

6. NO PREAUTHORIZED TRANSACTIONS

You may not make pre-authorized regular payments through the use of your Card.

7. CLAIMS BY THIRD PARTIES AGAINST YOUR ACCOUNT

Claims or Disputes by Third Parties Concerning Your Account. If a third party makes a claim against funds in your Account, or if we have reason to believe there is or may be a dispute over matters such as the ownership of your Account or the authority to withdraw funds, we may, in our sole discretion, (a) continue to rely on current Account documents, (b) honor the competing claim upon receipt of evidence we deem satisfactory to justify such action, (c) freeze all or part of the funds until the dispute is resolved to our satisfaction, or (d) pay the funds into an appropriate court of law for resolution.

Liens and Attachments. Following receipt by us of any notice of lien, process in attachment, garnishment or other proceeding relating to you or your Account, we are authorized, without notice to you, unless otherwise required by law, to withhold transfer of so much of the balance of your Account as may be the subject of such notice or process, and to pay such amount to the court or creditor, in accordance with applicable state or federal law, without responsibility to you for such withholding or payment or for refusal to honor transfers made by you.

8. ELECTRONIC FUNDS TRANSFER RIGHTS

a. Bank of America’s “Zero Liability” Policy for Unauthorized Transactions.
Federal law (described in the Regulation E Liability Disclosure in paragraph (b) below) may limit your liability for unauthorized transactions on your Account, but you may still be liable in some circumstances. Under the Bank of America “zero liability” policy, you may incur no liability for unauthorized use of your Card up to the amount of the unauthorized transaction, provided you notify us within a reasonable time of the loss or theft of your Card, Card number or PIN or its unauthorized use, subject to the following terms and conditions:

Excluded transactions. Our zero liability policy does not apply to any unauthorized electronic fund transfer on an account which does not involve use of a Card or Card number.

“Unauthorized” defined. A transaction is considered “unauthorized” if it is initiated by someone other than you (the cardholder) without your actual or apparent authority, and you receive no benefit from the transaction. A transaction is not considered “unauthorized” if 1) you furnish your Card, Card number or other identifying information to another person and expressly or implicitly give that individual authority to perform one or more transactions, and the person then exceeds that authority, or 2) for any other reason we conclude that the facts and circumstances do not reasonably support a claim of unauthorized use.

“Reasonable” time defined. Reasonable time will be determined in our sole discretion based on the circumstances but will not be less than the time frames specified under the Electronic Fund Transfer Act or Regulation E (see the Regulation E Liability Disclosure in paragraph (b) below).

Other considerations. We may deny you the benefit of this policy 1) if we ask you for a written statement, affidavit or other information in support of the claim , and you do not provide it within the time requested or within a reasonable time if no date is stated , or 2) under any other unusual circumstances where we believe denial is appropriate.

Limitation of our Liability. Our liability under this policy is limited to reimbursing you for the amount of your loss up to the face amount of any unauthorized card transaction covered by this policy. We are not liable for any claims of special, indirect or consequential damages.

Your rights under Regulation E. If your claim does not meet the prescribed conditions for reimbursement under the above policy, you still retain any consumer rights you may have under Regulation E, as described in paragraph (b) below, and we will automatically re-examine the claim in accordance with those rights. Those rights do not apply to business cards.

b. Regulation E Liability Disclosure for Personal Cards; Your Liability in Case of Loss, Theft, or Unauthorized Transactions.
Contact Us Promptly. Please contact us at the numbers listed below AT ONCE if you believe your Card has been lost or stolen, or if you believe that someone may use or has used your PIN assigned to your Card without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 for an unauthorized transaction or a series of related unauthorized transfers should someone use your Card or PIN.

If you do NOT tell us within two 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.

Also, if your monthly Account statement or your Account history shows transfers that you did not make, including those made by your Card, Card number, code or other means, tell us at once.

If you receive a monthly Account statement and 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 we could have stopped someone from taking the money if you had contacted us on time.

If you do not receive a monthly Account statement and do not tell us within 60 days after the earlier of the date you electronically access your 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 (but in any event within 120 days after the transaction allegedly in error was credited or debited to your Account), you may not get back any money you lost after the applicable 60 or 120 day period if we can prove that we could ha d stopped someone from taking the money if you had contacted us on time.

If a good reason (such as a long trip or hospital stay) keeps you from notifying us, we will extend the time periods.

NOTE: These liability rules are established by Regulation E which covers personal accounts that involve the use of a personal card. Our Zero Liability policy, as described in paragraph (a) above, regarding unauthorized transactions may give you more protection, provided you report the transactions promptly. In Massachusetts, the two day and 60 day time limits for reporting unauthorized transactions do not apply and the $500 limit does not apply. You should also note that when you give someone your Card or PIN, you are authorizing that person to use your Card and you are responsible for all transactions that person performs with your Card or PIN. These transactions are authorized transactions. Transactions are considered unauthorized only after you notify us that the person is no longer authorized.

Remember, do not write your PIN on your Card or carry your PIN with you. This reduces the possibility of someone using your Card without your permission if it is lost or stolen.

Telephone Number and Address for Notice of Unauthorized Transaction, Lost or Stolen Card or PIN, or if You Believe that Someone Else May Use Your Card or PIN. If you believe that your Card or PIN is lost or stolen or that someone may use or has used your Card or PIN without your permission:

Telephone:
1.866.213.8564
1.866.656.5913 TTY
423.262.1651 (Collect, when calling outside the U.S.)

Or write to:
Bank of America
P.O. Box 8488
Gray, TN 37615-8488

You may contact us 24 hours a day/365 days per year.

c. Our Liability.

Our Failure to Complete a Transaction. If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable
, for instance:
(a) If, through no fault of ours, you do not have enough money in your Account to complete the transaction;
(b) If the ATM where you are making the transaction does not have enough cash;
(c) If the ATM or POS terminal was not working properly and you knew about the breakdown when you started the transaction;
(d) If circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the transaction, despite reasonable precautions that we have taken; or
(e) If your Card or PIN has been reported to be, or suspected of being, lost or stolen, and we have taken action to prevent transactions with
your Card or PIN.

d. Error Resolution.

In Case of Errors or Questions About Your Transactions:
Telephone us at: 1.866.213.8564, 1.866.656.5913 TTY, or
423.262.1651
(Collect, when calling outside the U.S.)

Or write to:
Bank of America
P.O. Box 8488
Gray, TN 37615-8488

CARDHOLDERS WHO DO NOT RECEIVE MONTHLY ACCOUNT STATEMENTS BY MAIL
Telephone the Customer Service Center at: 1.866.213.8564, 1.866.656.5913 TTY, or 423.262.1651 (Collect, when calling outside the U.S.).
Or write to:

Bank of America
P.O. Box 8488
Gray, TN 37615-8488

Call or write as soon as you can if you think an error has occurred in your Account. We must allow you to report an error until 60 days after the earlier of the date you electronically access your 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; but in any event you must report the error no more than 120 days after the transaction allegedly in error was credited or debited to your Account. You may request a written history of your transactions at any time by calling us at 1.866.213.8564, 1.866.656.5913 TTY, or 423.262.1651 (Collect, when calling outside the U.S.), or writing us at Bank of America Cardholder Services, P.O. Box 8488, Gray, TN 37615-8488.

You will need to tell us:
(a) Your name and Card account number.
(b) Why you believe there is an error, and the dollar amount involved.
(c) Approximately when the error took place.

If you tell us orally, we may require that you send your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 business days for the amount you think 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 10 business days, we may not credit your Account.

For errors involving new accounts, POS, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your Account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at 1.866.213.8564, 1.866.656.5913 TTY, or 423.262.1651 (Collect, when calling outside the U.S.), or write to us at Bank of America Cardholder Services P.O. Box 8488, Gray, TN 37615-8488.

CARDHOLDERS WHO RECEIVE MONTHLY ACCOUNT STATEMENTS BY MAIL
Telephone the Customer Service Center at: 1.866.213.8564, 1.866.656.5913 TTY, or 423.262.1651 (Collect, when calling outside the U.S.)

Or write to:
Bank of America Cardholder Services
P.O. Box 8488
Gray, TN 37615-8488

Call or write as soon as you can if you think your monthly Account statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
(a) Tell us your name and Card account number.
(b) 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.
(c) Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 business days for the amount you think 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 10 business days, we may not credit your Account.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

9. ATM SAFETY

Please refer to the safety tips found on the mailer that came with your Card for using your Card at ATMs.

10. PRIVACY POLICY AND DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES

As part of establishing your Account, you will receive with your Card a copy of the Bank of America “Privacy Policy for Consumers” which generally addresses Bank of America’s policy for handling and disclosing information. You may view this policy at www.bankofamerica.com/privacy.

With respect to your Account, from time to time, subject to any applicable financial privacy laws or other laws or regulations, we may provide information about you and your Account (a) to anyone who we reasonably believe is conducting a legitimate credit inquiry, including without limitation, inquiries to verify the existence or condition of an account for a third party such as a lender, merchant or credit bureau; (b) in response to any subpoena, court or administrative order, or process which we believe requires our compliance; (c) in connection with collection of indebtedness or to report losses incurred by us; (d) in compliance with any agreement between us and a professional, regulatory or disciplinary body; (e) in connection with potential sales of business; (f) to carefully selected service providers who help us meet your needs providing or offering our services; and (g) as otherwise provided or allowed by law.

11. SCHEDULE OF BANK FEES

When you do not have enough available funds on your Card to cover everyday non-recurring Card purchases or ATM withdrawals, we will decline the transaction and you will not be subject to overdraft fees. Please review the Schedule of bank fees carefully. If use of your Card results in an overdraft on your account, you agree to immediately repay us the amount of the overdraft. If your Card is closed, leaving outstanding but unposted transactions originated by using the Card, you agree to immediately repay us the amount of these outstanding transactions.

12. RECORDING AND MONITORING TELEPHONE CALLS

We may record or monitor telephone calls between you and us. We need not remind you of our recording or monitoring before each call unless required to do so by law.

13. AMENDMENTS/EXPIRATION/TERMINATION

Amendments. We may, at any time, change the terms and conditions in this Agreement, including the amount of any fee. We may add new terms and conditions and we may delete or amend existing terms and conditions. We generally send you advance notice of an adverse change. If a change is not adverse to you, however, we may make the change at any time without advance notice. If you do not agree with the change, you may close your Account. However, if you continue to use your Account or keep it open, you accept and agree to the change.

Card Expiration. Your Card expires on the date listed on the front of your Card or when the remaining balance is $0. If a balance remains on your personal Card after expiration, your sponsor may provide a replacement card or the remaining balance will be sent to you in the form of a check less the Account Closure Fee.

Our Cancellation or Suspension of Your Account. We may cancel or suspend your Account at any time. If your sponsor is your employer, your sponsor may terminate your Account if you are no longer employed by your sponsor. Once your Account has been closed, you agree to discontinue using your Card. Your Card remains our property. If we cancel your personal Card Account, we may, at our option, either apply the remaining balance to a new account for your benefit or send you a check for the remaining balance less the Account Closure Fee.

Your Cancellation of Your Personal Card Account. You may cancel your personal Card Account at any time. If, at the time you cancel your Account, all transactions have cleared and there is no remaining balance, your Account will be closed to further use. If there is a remaining balance, you may use your Card to reduce the balance to zero before closing your Account. Alternatively, you can contact us and request a check for the remaining balance of your Account, less the Account Closure Fee. You understand that you are responsible for negative balances that occur after your notice of cancellation to the same extent as provided in this Agreement for an open Account. You agree to destroy your Card after cancellation.

14. UNCLAIMED PROPERTY

Any remaining unclaimed balance after expiration or closure of your Card will be reported and remitted as unclaimed property to the appropriate state as required by state law after a period of time defined by that state’s law. After we turn the funds over to the state, we have no further liability to you for the funds and you must apply to the appropriate state agency to reclaim your funds.

15. GOVERNING LAWS/SEVERABILITY

This Agreement will be governed by the laws and regulations of the United States and, to the extent not so covered, by the laws and regulations of the State of North Carolina. A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement.