May 12, 2008

Old Plank Trail Community Bank

Visa Gift Card
Terms and Conditions

IMPORTANT INFORMATION FOR GIFT RECIPIENT

These are your Visa® Gift Card Terms and Conditions. Please read them carefully and keep them for your records. Please sign your Card immediately. By accepting and using your Card you agree to be bound by these Terms and Conditions of your Visa® "Gift Card" or "Card", "You" and "Your" means the person who has received the Card account. "We", "Us", and "Our" mean Wintrust Financial (USA). Business days are Monday through Friday (holidays excluded) and phone access is 24 hours a day, 7 days a week.

The Card is a prepaid card product that can be used at retail establishments and financial institutions that have agreed to accept Visa® debit cards. We hold the value of all Cards in an aggregate account and there is no F.D.I.C. insurance to your benefit. The Card is not a credit card. When you use the Card, the amount available on the Card will be reduced by the amount of the cash withdrawal or purchase until it reaches zero. In any case where you are given value through the use of the Card greater than the remaining balance, you will pay us on demand the amount by which your transactions exceeded the balance. The Card is not reloadable.

Section 1. TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT OF A LOST CARD OR UNAUTHORIZED TRANSFER

Tell us AT ONCE if your Card has been lost or stolen. If you believe your Card has been lost or stolen: Call toll free 1-866-255-9812, 24 hours a day, 7 days a week.

Section 2. ACTIVATION, TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS

Card Activation and PIN. Your card is activated by calling 1-866-255-9812, or by logging on to https://www.onlinecardaccess.com/oldplankgc.  The first time you access the website, you will have the opportunity to change the card ownership to your name. This is a non-reloadable card so it cannot be used for transfers or ATM access.

Point-of-Sale Transactions. You may use your Card to purchase goods and services at merchants that have agreed to accept the Card*, and that are equipped with a point-of-sale terminal that can process Visa transactions. Some merchants will accept a transaction for an amount greater than the goods or services purchased and will refund the difference to you in cash ("cash back"). If you use your Card to make a purchase greater than the remaining balance, you must tell the merchant the balance of the card before completing the transaction. The merchant will require payment for the excess by cash or credit.

*Some merchants may be excluded at the discretion of the bank and are subject to change at anytime.

Cash Transactions. You are permitted to use the Card to receive cash at financial institution offices that accept Visa debit cards for Cash Access transactions. Each Cash Transaction described in this Section 2 (or attempted Cash Transaction) is subject to the Cash Access fee provided in Section 11, Schedule of Fees and Charges, below.

Limitation on Frequency of Point-of-Sale and Cash Transactions. There is a limit of 10 point-of-sale transactions, and three cash advance transactions against the card on any given business day.  All transaction types of further limited by the balance on the card.  

Limitation on Dollar Amount of Transactions. There is no limitation on the dollar amount of purchase transactions you can make except the available balance on the Card. 

Conversion To U.S. Dollars. Transactions made in currencies other than U.S. Dollars will be converted to U.S. Dollars under regulations established by Visa and may include a margin and/or fees charged directly by Visa. Conversion to U.S. Dollars may occur on a date other than the date of the transaction; therefore, the conversion rate may be different from the rate in effect at the time of the transaction. You agree to pay the converted amount. For these transactions, the rate of exchange between the transaction currency and the billable currency is either a wholesale market rate or the government-mandated rate in effect one day prior to Visa International processing date, increased by 1%.

Section 3. YOUR LIABILITY FOR A LOST CARD OR UNAUTHORIZED TRANSFERS.

Under the Old Plank Trail Community Bank liability policy, you may incur no liability for unauthorized use of your Card provided that you notify us within a reasonable time after learning of the loss or theft of your Card. This policy is subject to the following conditions:

"Unauthorized Use" defined. A transaction is considered "unauthorized" if it is initiated by someone other than you without your actual or apparent authority, and you receive no benefit from the transaction. A transaction is not considered unauthorized if (1) you furnish the 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 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 sixty (60) days from the transaction date.

Other considerations. We may deny you the benefit of the policy if (1) 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 transaction. We are not liable for any special, indirect or consequential damages.

Section 4. CHARGES FOR TRANSFERS OR RIGHT TO MAKE TRANSFERS

There is no monthly maintenance charge for your Card as long as your card is active.  However, there may be other fees relating to the use of your Card. The monthly maintenance charge is waived until the card is unused for a period of 6 months. These charges are set forth in Section 11, Schedule of Fees and Charges. Any fees or charges will be charged to your Card.

Section 5. EXPIRATION OF THE CARD.

The expiration date of your card is embossed on the bottom.  When your card has expired, it will no longer be accepted as a form of payment. After you have used up any outstanding balance, you should destroy the card.

If the Card expires before the balance is used or, if at any other time you want to cancel the card, stop by the issuing Bank and a check will be issued for the remaining balance.

Section 6. DISCLOSURE OF INFORMATION TO THIRD PARTIES

We will disclose information to third parties about your Card or the transaction that you make:

  • Where it is necessary for completing the transaction; or
  • In order to verify the existence and condition of your Card; or
  • In order to comply with government agency or court orders or as otherwise required by law or in connection with examinations by banking authorities; or
  • For analytical purposes; or
  • If we conclude that disclosure is necessary to protect you or the interests of the Bank; or
  • If you give us your permission.

Section 7. NO PREAUTHORIZED TRANSFERS ALLOWED

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

Section 8. BANK'S LIABILITY FOR FAILURE TO MAKE TRANSFERS

If we do not complete a transaction arising from the use of 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 money on your Card to cover a transaction; or
  • If the terminal or system was not working properly; or
  • If circumstances beyond our control (such as flood or fire) prevent the transaction, despite reasonable precautions that we have taken.

Section 9. ERROR RESOLUTION PROCEDURES

In case of errors or questions about transactions arising from the use of your Card: Call us at 1-866-255-9812, or write us at :  Gift Card Operations, 352 W. Maple Street, New Lenox, IL 60451 as soon as you can, if you think your receipt is wrong or if you need more information about a transaction listed on the receipt. We must hear from you no later than 60 days after the date of the transaction in question and you must provide the following information:

  • Your name and Card number;
  • A description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information; and
  • 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. Generally, we will tell you the results of our investigation within 10 business days (20 days for new accounts) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question.  If we decide to do this, we will re-credit your Card within 10 business days (20 days for new accounts) for the amount you think is in error so that you will have the 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 10 business days, we may not re-credit your Card. If notice of an error involves a transaction was not initiated in the United States, the District of Columbia, or the Commonwealth of Puerto Rico; or involves a transaction resulting from a point-of-sale debit transaction; or occurred within 30 days after the Card was issued, the applicable time period for completing an investigation will be 90 calendar days in place of 45 calendar days. A written explanation will be sent to you within 3 business days after the investigation of the alleged error has been completed. You may ask for copies of documents that we used in our investigation.

SECTION 10. SCHEDULE OF FEES AND CHARGES

Card Issuance Fee: $2.50
Cash Access: $5.00 for each Cash Transaction.
Monthly Card Maintenance Fee: $3.00 per month beginning the seventh month after non-usage of the Card.
Replacement/Re-Issue Fee: $5.00

Other fees may apply and will be disclosed when service is provided.

 

December 2006