FR833282333_GAP inc. ViSA
T&C DC PDF
6/12

GE cAPiTAL RETAiL BAnK  
SEcTiOn i: RATES AnD FEES TABLE 
GAP inc. ViSA cARD AccOUnT AGREEMEnT 
PRicinG inFORMATiOn

interest Rates and interest charges

Annual Percentage Rate 
(APR) for Purchases

The APR for purchases is the prime rate plus 20.74%. 

This APR will vary with the market based on the Prime Rate.

APR for Balance Transfers

The APR for balance transfers is the prime rate plus 20.74%.

This APR will vary with the market based on the Prime Rate.

APR for cash Advances

The APR for cash advances is the prime rate plus 22.74%. 

Paying interest

This APR will vary with the market based on the Prime Rate.

Your due date is at least 23 days after the close of each billing cycle. We will not charge 
you  any  interest  on  purchases  if  you  pay  your  entire  balance  by  the  due  date  each 
month. We will begin charging interest on cash advances and balance transfers on the 
transaction date.

Minimum interest charge

If you are charged interest, the charge will be no less than $1.50.

Fees

Transaction Fees
•	Balance Transfer
•	Cash Advance
•	Foreign Transaction

Penalty Fees

•	Late Payment

Either $5 or 3% of the amount of each transfer, whichever is greater.

Either $10 or 4% of the amount of each cash advance, whichever is greater.

3% of each transaction.

Up to $35

How We Will calculate Your Balance: We use a method called “daily balance”. See your credit card account agreement on 
the next page for more details.

SEcTiOn ii: RATES, FEES AnD PAYMEnT inFORMATiOn 
GAP inc. ViSA cARD AccOUnT AGREEMEnT

How interest is calculated

Your interest Rate

We  use  a  daily  rate  to  calculate  the  interest  on  the  balance  on  your  account  each  day.  The  daily  rate  is  the 
applicable APR times 1/365. Interest will be imposed in amounts or at rates not in excess of those permitted by 
applicable law.

The APR for purchases is the prime rate plus 20.74%. As of June 1, 2012 the daily rate for purchases was 
.06573% (APR 23.99%).

The  APR  for  balance  transfers  is  the  prime  rate  plus  20.74%.  As  of  June  1,  2012  the  daily  rate  for  balance 
transfers was .06573%  (APR 23.99%).

The APR for cash advances is the prime rate plus 22.74%. As of June 1, 2012 the daily rate for cash advances 
was .07121% (APR 25.99%).

Daily  Rates  May  Vary.  The  APRs  and  the  daily  rates  on  your  account  vary  with  the  market  based  on  the 
prime rate. The prime rate for a billing cycle is the highest bank prime loan rate published in The Wall Street 
Journal in its Money Rates section on the last business day of the calendar month preceding the first day of the  
billing cycle.

If  the  prime  rate  increases,  the  daily  rates  and  APRs  will  increase.  As  a  result,  interest,  your  total  minimum 
payment and the number of payments it would take you to pay off your account balance may increase. We 
apply any change in rates because of a prime rate change to your entire account balance. A change in the prime 
rate will take effect on the first day of the first billing cycle after the change. We may select a new interest rate 
index if the prime rate is not available.

When We charge interest 

Purchases. We charge interest on your purchases from the date you make the purchase until you pay the 
purchase in full. See exceptions below.

How We calculate interest

•	We	will	not	charge	you	interest	during	a	billing	cycle	on	any	purchases	if:

  1. You had no balance at the start of the billing cycle; OR

  2.  You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that 

billing cycle.

•		We	will	credit,	as	of	the	start	of	the	billing	cycle,	any	payment	you	make	by	the	due	date	that	we	allocate	to	

purchases	if:

  1. You had no balance at the start of the previous billing cycle; OR

  2.  You had a balance at the start of the previous billing cycle and you paid that balance in full by the due date 

in the previous billing cycle.

Balance Transfer and cash Advances. We charge interest on your balance transfers and cash advances, 
and their related fees, from the date you make the transaction until you pay them in full. You cannot avoid paying 
interest on balance transfers or cash advances or their related fees.

We figure the interest charge on your account separately for each balance type. We do this by applying the daily 
rate to the daily balance for each day in the billing cycle. A separate daily balance is calculated for the following 
balance	types,	as	applicable:	purchases,	balance	transfers,	cash	advances	and	balances	subject	to	different	
interest rates, plans or special promotions. See below for how this works.

1.  How to get the daily balance. We take the starting balance each day, add any new charges and fees, 

and subtract any payments or credits. This gives us the daily balance.

We	apply	fees	to	balance	types	as	follows:

(a) late payment fees are treated as new purchases; 

(b) debt cancellation fees are added proportionately to each balance;

(c) cash advance fees are added to the cash advance balance; 

(d) balance transfer fees are added to the balance transfer balance; and

(e) foreign transaction fees are added to the purchase balance.

2. How to get the daily interest amount. We multiply each daily balance by the daily rate that applies.

3.  How to get the starting balance for the next day. We add the daily interest amount in step 2 to the daily 

balance from step 1.

4.  How  to  get  the  interest  charge  for  the  billing  cycle.  We  add  all  the  daily  interest  amounts  that  were 

charged during the billing cycle.

We charge a minimum of $1.50 of interest in any billing cycle in which you owe interest. This charge is added 
proportionately to each balance type. 

How Fees Work 

Balance Transfer Fee 
cash Advance Fee

Foreign Transaction Fee

We will charge this fee for each balance transfer you make.

We will charge this fee for each cash advance you make. For ATM cash advances this fee is in addition to any 
fee the ATM owner may charge you for use of the ATM. 

We will charge this fee for purchases or cash advances you make in currencies other than U.S. dollars and/or 
in a country other than the U.S., whether or not the transaction was in a foreign currency. 

If you make a transaction with your account in a currency other than U.S. dollars, Visa U.S.A. Inc. (“Visa”) will 
convert the transaction amount into U.S. dollars using its currency conversion procedure. Under the currency 
conversion procedure that Visa currently uses, the non-U.S. dollar transaction amount is converted into a U.S. 
dollar amount by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion 
rate. Currently, Visa operating regulations provide that the currency conversion rate is either (1) a rate selected 
by Visa from the range of rates available in wholesale currency markets for the applicable central processing 
date, which rate may vary from the rate Visa itself receives, or (2) the government-mandated rate in effect for 
the applicable central processing date. The currency conversion rate that is in effect on the central processing 
date may differ from the rate in effect on the transaction date or the posting date, and may be higher than the 
rate you could have gotten if you had converted U.S. dollars into the foreign currency.

Late Payment Fee

We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on 
the	due	date.	This	fee	is	equal	to:

1.  $25,  if  you  have  paid  your  total  minimum  payment  due  by  the  due  date  in  each  of  the  prior  six  

billing cycles.

OR

2.  $35, if you have failed to pay your total minimum payment due by the due date in any one or more of 

the prior six billing cycles.

The late payment fee will not be more than the total minimum payment that was due.

Minimum Payment calculation 
Your total minimum payment is calculated as follows.

The	greater	of:

1. $25 (which includes any past due amounts)

OR

2.	The	sum	of:

(a) Any past due amounts; PLUS

(b) 1% of your new balance shown on your billing statement; PLUS

(c) Any late payment fees charged in the current billing cycle; PLUS

(d) All interest charged in the current billing cycle; PLUS

(e) Any payment due in connection with a special promotional purchase with a unique payment calculation. 

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance.

SEcTiOn iii: STAnDARD PROViSiOnS 
GAP inc. ViSA cARD AccOUnT AGREEMEnT

ABOUT THE cREDiT cARD AccOUnT AGREEMEnT

This Agreement. This is an Agreement between you and GE Capital Retail Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card 
account shown above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections 
of this document and the application you submitted to us in connection with the account. These documents replace any other agreement relating to your 
account that you or we made earlier or at the same time.

Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full  
amount due, no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as “you” or “your”.  
GE Capital Retail Bank may be referred to as “we”, “us” or “our”.

changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.

Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the 
terms in this Agreement will be explained on promotional advertising or other disclosures provided to you.

HOW TO USE YOUR AccOUnT/cARD

Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases 
from Gap, Old Navy, or Banana Republic retail, online or Outlet/Factory stores located in the U.S., Puerto Rico and Canada and at piperlime.com and  
athleta.com and from any merchant that accepts Visa credit cards. You may get cash advances as further explained below. From time to time, we may 
offer you the chance to transfer balances from your other credit card accounts to this account. Details of the terms applicable to balance transfer will be 
provided with the offer. You may not use your account to pay amounts you owe us on this account or any other accounts you have with us.

cash Advances. We may offer you the opportunity to get a cash advance with convenience checks that we send you. We may not honor a convenience 
check for any reason stated on the check. You can also get cash or make a withdrawal from any institution or ATM that accepts the card or the account. 
In addition, we will treat any purchase of certain cash like items as cash advances. Cash like items include for example, money orders, cashier’s checks, 
traveler’s  checks,  electronic  or  wire  transfers,  foreign  currency  or  other  in  bank  transactions,  tax  payments,  lottery  tickets  or  other  legalized  gambling 
transactions, court costs, bail bonds and fines.

You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement. 

Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a 
card to someone else, you will be responsible for paying for all charges resulting from their transactions.

Transaction Limits. To prevent fraud, we may limit the number or dollar amount of any type of transactions you can make in any particular amount of 
time. We also may decline any particular charge on your account for any reason.

credit Limit. You will be assigned a credit limit and cash advance limit on your account that we may increase or decrease from time to time. If we approve 
a transaction that makes you go over your credit limit or your cash advance limit, we do not give up any rights under this Agreement and we do not treat 
it as an increase in either limit. 

HOW AnD WHEn TO MAKE PAYMEnTS

When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. 
Payments received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any 
additional	charge	for	prepayment.	If	you	have	a	balance	subject	to	interest,	earlier	payment	may	reduce	the	amount	of	interest	you	will	pay.	We	may	delay	
making credit available on your account in the amount of your payment even though we will credit your payment when we receive it.

Payment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited 
phone payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in 
the United States.

How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment 
may be delayed up to five days. Your billing statement also explains how information on your check is used.

Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you 
make in excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or 
permit us to apply excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

inFORMATiOn ABOUT YOU 

Using And Sharing Your information. When you applied for an account, you gave us and The Gap, Inc. information about yourself that we could share 
with each other. The Gap, Inc. will use the information in connection with the credit program and for things like creating and updating its records and 
offering you special benefits. More information about how we use and share information is set forth in the privacy policy for your account. 

Address/Phone change. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address or phone 
number in our records until we update our records with your new address or phone number. 

consent To communications. You consent to us contacting you using all channels of communication and for all purposes. We will use the contact 
information you provide to us. You also consent to us and any other owner or servicer of your account contacting you using any communication channel. 
This may include text messages, automatic telephone dialing systems and/or an artificial or prerecorded voice. This consent applies even if you are charged 
for the call under your phone plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you.

Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.

iMPORTAnT inFORMATiOn ABOUT YOUR AccOUnT 

closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer 
service. We may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you 
owe and this Agreement will remain in effect until you do.

collection costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include 
court costs and reasonable attorneys’ fees.

credit  Bureau  Reporting.  We  may  report  information  about  your  account  to  credit  bureaus.  Late  payments,  missed  payments,  or  other  defaults 
on  your  account  may  be  shown  in  your  credit  report.  Tell  us  if  you  think  we  reported  wrong  information  about  you  to  a  credit  bureau.  Write  to  us  at   
P.O. Box 965005, Orlando, FL 32896-5005. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that 
includes the wrong information, send us a copy. 

Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default 
or upon your death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any 
other action allowed. 

Disputed Amounts. The billing rights summary in section iV of this Agreement describes what to do if you think there is a mistake on your 
bill. if you send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not 
give up any rights under this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations.

Unauthorized  Use.  If  your  card  is  lost,  stolen  or  used  without  your  consent,  call  us  immediately  at  1-866-450-4467  for  Gap  Visa  Card  Accounts,   
1-866-450-2330 for Banana Republic Visa Card Accounts and 1-866-450-5294 for Old Navy Visa Card Accounts. You will not be liable for unauthorized 
use on your account, but you will be responsible for all use by anyone you give your card to or allow to use your account.

Transactions Processed On The Visa network. Transactions made using your credit card in a Gap, Inc. store or at a Gap, Inc. website are processed 
by GE Capital Retail Bank and are not processed on the Visa network. As a result, these transactions are not eligible for certain benefits that apply to 
transactions processed over the Visa network. For example, transactions in a Gap, Inc. store or at a Gap, Inc. website do not count as eligible transactions 
for promotions that are sponsored by Visa, such as “Visa Extras”. Your account is protected against unauthorized use as provided in this Agreement. In 
addition, Visa’s Zero Liability policy applies to all transactions not made in a Gap, Inc. store or on a Gap, Inc. website.

iMPORTAnT inFORMATiOn ABOUT THiS AGREEMEnT 

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We 
do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.

Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law 
and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in 
another situation.

RESOLVinG A DiSPUTE WiTH ARBiTRATiOn t

PLEASE  READ  THiS  SEcTiOn  cAREFULLY.  iF  YOU  DO  nOT  REJEcT  iT,  THiS  SEcTiOn  WiLL  APPLY  TO  YOUR  AccOUnT,  AnD  MOST 
DiSPUTES BETWEEn YOU AnD US WiLL BE SUBJEcT TO inDiViDUAL ARBiTRATiOn. THiS MEAnS THAT: (1) nEiTHER A cOURT nOR A 
JURY WiLL RESOLVE AnY SUcH DiSPUTE; (2) YOU WiLL nOT BE ABLE TO PARTiciPATE in A cLASS AcTiOn OR SiMiLAR PROcEEDinG; 
(3) LESS inFORMATiOn WiLL BE AVAiLABLE; AnD (4) APPEAL RiGHTS WiLL BE LiMiTED.

•	What	claims	are	subject	to	arbitration

1.  If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, 

and us, our affiliates, agents and/or The Gap, Inc. if it relates to your account, except as noted below. 

2.		We	will	not	require	you	to	arbitrate:	(1)	any	individual	case	in	small	claims	court	or	your	state’s	equivalent	court,	so	long	as	it	remains	an	individual	
case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, 
we may require you to arbitrate.

3.  Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage 
or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any 
dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.

•	No	Class	Actions

YOU  AGREE  nOT  TO  PARTiciPATE  in  A  cLASS,  REPRESEnTATiVE  OR  PRiVATE  ATTORnEY  GEnERAL  AcTiOn  AGAinST  US  in 
cOURT OR ARBiTRATiOn. ALSO, YOU MAY nOT BRinG cLAiMS AGAinST US On BEHALF OF AnY AccOUnTHOLDER WHO iS 
nOT An AccOUnTHOLDER On YOUR AccOUnT, AnD YOU AGREE THAT OnLY AccOUnTHOLDERS On YOUR AccOUnT MAY BE 
JOinED in A SinGLE ARBiTRATiOn WiTH AnY cLAiM YOU HAVE. 

If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and 
the	court’s	determination	shall	be	subject	to	appeal.	This	paragraph	does	not	apply	to	any	lawsuit	or	administrative	proceeding	filed	against	us	by	
a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we 
will not have the right to compel arbitration of any claim brought by such an agency.

•	How	to	start	an	arbitration,	and	the	arbitration	process

1.  The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed 
in the lawsuit. Otherwise, your notice must be sent to GE Capital Retail Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201,  
ATTN:	 ARBITRATION	 DEMAND.	 The	 party	 seeking	 arbitration	 must	 select	 an	 arbitration	 administrator,	 which	 can	 be	 either	 the	 American	
Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 
34th	Floor,	New	York,	NY	10018,	www.jamsadr.com,	(800)	352-5267.	If	neither	administrator	is	able	or	willing	to	handle	the	dispute,	then	the	
court will appoint an arbitrator. 

2.		If	 a	 party	 files	 a	 lawsuit	 in	 court	 asserting	 claim(s)	 that	 are	 subject	 to	 arbitration	 and	 the	 other	 party	 files	 a	 motion	 with	 the	 court	 to	 compel	

arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 

3.  The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten 
years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply 
in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 

4.  The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or 
arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, 
to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.

•	Governing	Law	for	Arbitration

 This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant 
under	the	FAA.	The	arbitrator’s	decision	will	be	final	and	binding,	except	for	any	appeal	right	under	the	FAA.	Any	court	with	jurisdiction	may	enter	
judgment	upon	the	arbitrator’s	award.

•	How	to	reject	this	section

 You	may	reject	this	Arbitration	section	of	your	Agreement.	If	you	do	that,	only	a	court	may	be	used	to	resolve	any	dispute	or	claim.	To	
reject	this	section,	you	must	send	us	a	notice	within	60	days	after	you	open	your	account	or	we	first	provided	you	with	your	right	to	
reject	this	section.	The	notice	must	include	your	name,	address	and	account	number,	and	must	be	mailed	to	GE	Capital	Retail	Bank,	
P.O.	Box	965012,	Orlando,	FL	32896-5012.	This	is	the	only	way	you	can	reject	this	section.

SEcTiOn iV: OTHER iMPORTAnT inFORMATiOn 
GAP inc. ViSA cARD AccOUnT AGREEMEnT

This section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the 
credit card agreement posted online or provided to the CFPB.

FR833282333_GAP inc. ViSA
T&C DC PDF
6/12