The following Disclosures apply to new M&T Bank M&T Visa® Credit Card, M&T Visa® Credit Card with 
Rewards, and M&T Visa® Signature Credit Card accounts, and are provided as required by law. 

Please Note: If you are approved and qualify for any promotional offer, the specific account disclosures for 
that promotional offer will be mailed to you with your Agreement.  

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

M&T Visa® Credit Card Accounts: 0.00% Introductory APR for the first 12 billing 
cycles from account opening. After that, your APR will be between 12.24 and 
19.24% based on your creditworthiness and will vary with the market based on the 
Prime Rate. 

M&T Visa® Credit Card with Rewards Accounts: 0.00% Introductory APR for the first 
12 billing cycles from account opening. After that, your APR will be between 13.24 
and 20.24% based on your creditworthiness and will vary with the market based 
on the Prime Rate. 

M&T Visa® Signature Credit Card Accounts: 0.00% Introductory APR for the first 12 
billing  cycles  from  account  opening.  After  that,  your  APR  will  be  between  13.24 
and 20.24% based on  your creditworthiness and will vary with the market based 
on the Prime Rate.  
M&T Visa® Credit Card Accounts:  0.00% Introductory APR for the first 12 billing cycles 
from account opening.  After that, your APR will be between 12.24 and 19.24% based on 
your creditworthiness and will vary with the market based on the Prime Rate.  

M&T Visa® Credit Card with Rewards Accounts:  0.00% Introductory APR for the first 12 
billing cycles from account opening.  After that, your APR will be between 13.24 and 
20.24% based on your creditworthiness and will vary with the market based on the Prime 
Rate.   

M&T Visa® Signature Credit Card Accounts: 0.00% Introductory APR for the first 12 
billing cycles after account opening.  After that, your APR will be between 13.24 and 
20.24% based on your creditworthiness and will vary with the market based on the Prime 
Rate. 
24.24%.  This APR will vary with the market based on the Prime Rate. 
24.24%.  This APR will vary with the market based on the Prime Rate. 
24.99%.  This APR may be applied to your account if your account is past due 60 days. 

How Long Will the Penalty APR Apply?  If your APRs are increased, the Penalty APR 
will apply until you make 6 consecutive minimum payments when due. 
Your due date is at least 25 days after the close of each billing cycle.  We will not charge 
you  interest on  purchases  if  you  pay  your entire  account balance by the due date each 
month.  We  will  begin  charging  interest  on  balance  transfers,  cash  advances  and 
overdraft advances on the transaction date. 
To learn more about factors to consider when applying for or using a credit card, visit the 
website 
at 
the 
http://www.consumerfinance.gov/learnmore. 

Consumer 

Protection 

Financial 

Bureau 

of 

4% of each balance transfer (minimum $10) 
3% of each transaction (minimum $10) 
$12.50 for each transaction, but charged no more than once per day 
3% of each transaction in U.S. dollars (excluding the M&T Visa® Signature Credit Card, 
on which no Foreign Transaction Fees are charged) 

11/1/2018 

APR for Balance Transfers 

APR for Cash Advances 
APR for Overdraft Advances 
Penalty APR and When it 
Applies 

Paying Interest 

For Credit Card Tips from the 
Consumer Financial 
Protection Bureau 

Fees 
Transaction Fees 

Balance Transfer 
Cash Advance 
Overdraft Transfer 
Foreign Transaction Fee 

 
 
 
 
 
 
 
 
 
 
 
 
Penalty Fees 

Late Payment 
Unpaid Convenience 
Checks 
Returned Payment 

up to $35 
up to $25 
up to $25 

How We Will Calculate Your Balance:  We use a method called “average daily balance (including new purchases).” 

Loss  of  Introductory  APR:   We may  end  your  Introductory  APR  and  apply  the  Penalty  APR  to  your  purchases  and  balance 
transfers if you are more than 60 days late. 

The  information  about  the  costs  of  the  card  described  in  this  application  is  accurate  as  of  (11/1/2018).    This  information  may 
have changed after that date.  To find out what may have changed, call us at (800) 724-2440. 

New York residents may contact the New York State Department of Financial Services by telephone at 1-877-226-5697 or visit 
its website, www.dfs.ny.gov, for free information on comparative credit card rates, fees and grace periods. 

Federal  law  requires  all  financial  institutions  to  obtain,  verify  and  record  information  that  identifies  each  person  who  opens  an 
account, including your name, address, date of birth and other information that will allow us to verify your identity. 

Federal  law  provides  important  protections  to  members  of  the  Armed  Forces  and  their  dependents  relating  to  extensions  of 
consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not 
exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The 
costs associated  with credit insurance  premiums; fees for ancillary  products sold in connection  with the credit transaction;  any 
application  fee charged (other than certain  application fees for specified credit transactions or accounts); and any participation 
fee charged (other than certain participation fees for a credit card account). To obtain this information orally,  along with general 
information about the terms of your loan or line, please call toll free 1-800-724-1702. 

Authorization 
By submitting an application for any M&T Bank credit card, you agree that you are at least 18 years old, you are a U.S. citizen or 
permanent resident, you have a valid social security number, and that all information you have provided to us on the application 
or any other document is true and complete. You authorize us to obtain your credit and employment histories, and agree that we 
may, at any time, obtain credit reports or any other information we feel is necessary in connection with your application or any 
audit, review, update, quality control, renewal, extension or collection of any credit extended as a result of your application. 

You acknowledge that all of the terms provided by these disclosures are subject to change, at our discretion, at any time, and 
agree that if we accept your application, you will comply with all of the terms contained in your M&T Bank Credit Card Agreement 
and Disclosures and Terms that we will provide to  you.  You agree that if you have requested an M&T Visa® Signature Credit 
Card and do not meet all applicable requirements, we may issue you an M&T Visa® Credit Card with Rewards. 

Balance Transfers 
We may decline balance transfer requests under certain circumstances. For example, if your account is delinquent or overlimit, 
we may decline to process your request. If we do, we will notify you.  Your balance transfer limit, including all applicable fees, 
may not exceed the value of your available credit line. If the total balance transfer amount you request exceeds the value of your 
available credit line, you authorize us to send either full or partial payment to your creditors in the order you provide them to us.   

A  credit  card  balance  transfer  can  only  be  used  to  pay  off  an  existing  credit  card  balance  with  another  financial  institution.   It 
cannot be used to pay off a loan or line of credit or another debt held by M&T Bank or its affiliates. 

Please review your Credit Card Agreement and Disclosures and Terms when you receive them.  We will not effect any balance 
transfer  you  request  if  you  call  (800)  724-2440  and  withdraw  your  balance  transfer  request  within  10  days  after  the  date  the 
Credit Card Disclosures and Terms are mailed to you. 

Please  continue  to  make  your  monthly  payment  on  any  account  from  which  you  are  transferring  balances  until  the  requested 
balance  transfer  is  complete.    Standard  processing  time  varies,  so  your  balance  transfer may  not  take  effect  before  your  next 
cycle. 

© 2018 M&T Bank 

11/1/2018 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
M&T Bank VISA Credit Card Agreement 

THIS  AGREEMENT  INCLUDES  AN  ARBITRATION  PROVISION.    YOU  MAY  REJECT  THE  ARBITRATION  PROVISION  IN 
ACCORDANCE WITH THE TERMS OF THE “ARBITRATION” SECTION BELOW. 

This  Agreement  governs  the  use  of  Your  M&T  Visa®  Credit  Card,  M&T  Visa®  Credit  Card  with  Rewards,  or  M&T  Visa® 
Signature Credit Card account with M&T Bank, and it is the contract that applies to all transactions on Your Account even though 
the  sales,  cash  advance,  credit  or  other  slips  You  sign  or  receive  may  contain  different  terms.    This  Agreement  is  the  final 
expression of the terms and conditions of Your credit card account with Us, and it may not be contradicted by evidence of any 
alleged oral agreement.  If any part of the Agreement conflicts with applicable law or is determined by a court to be invalid, this 
Agreement will be considered changed to the extent necessary to comply with the law or court decision and the rest will remain 
in effect.  By applying for or using the Card, You agree that We may provide Your personal data to VISA U.S.A., its members or 
their  agents  for  the  purpose  of  providing  emergency  cash  and  emergency  credit  card  replacement  services.    Please  read  this 
Agreement and keep it for Your records.  

Definitions  

In this Agreement, “We,” “Us,” and “Our” mean M&T Bank, its successors and assigns. “You” and “Your” mean each person who 
signs an application for, or otherwise requests, a credit card account with Us.  “Account” means Your credit card account with 
Us.    “Card”  means  each  credit  card  or  other  access  device,  such  as  account  numbers,  We  issue  to  You  for  Your  Account. 
“Checks” mean promotional cash advance or balance transfer checks and convenience checks We may provide You from time 
to time.  “Agreement” means this Agreement and Your “Disclosures and Terms” that were provided with Your Card Carrier, which 
may be set forth in two or more documents that together comprise Your “Agreement.”  “Transaction” means any amount of credit 
obtained under Your Account for purchases, cash advances, balance transfers, Checks and overdrafts.  “Outstanding Balance” 
means the total dollar amount of Your obligation under this Agreement for  all Transactions, interest, finance charges, fees, and 
any other costs.  

Governing Law 

This  Agreement is entered into by Us,  and made in accordance with, federal law and, to the extent  not preempted by 
federal law, the law of the State of Delaware, where We and Your Account are located.  Regardless of the state of Your 
residence  or  the  place  to  which  You  submitted  an  application,  or  where  Your  Account  is  used,  except  as  provided 
otherwise in the Arbitration provision below, any legal question concerning Your Account, including, without limitation, 
provisions  of  the  Agreement  relating  to  finance  charges,  other  charges  and  fees,  will  be  decided  in  accordance  with 
applicable  federal  law  and,  except  where  preempted  by  federal  law,  or  as  made  applicable  by  federal  law,  applicable 
Delaware State law without regard to its conflict of law principles. 

Responsibility  

By  applying  for  or  using  the  Card,  You  accept,  agree  to,  and  are  bound  by  these  terms  and  conditions.    You  promise  to  do 
everything this Agreement requires of You, and You promise to pay all amounts due on Your Account.  Your obligation to pay the 
Outstanding Balance continues even though an agreement, divorce decree or other court judgment to which We are not a party 
may direct You or one of the other persons responsible to pay the Account.  You agree to pay each and all of the interest, fees 
and charges described in this Agreement. 

Joint Accounts 

If  Your  Account  is  a  “Joint  Account,”  You  and  Your  Joint  Account  holder  promise  to  pay  and  are  jointly  and  individually 
responsible for all amounts due on the Account.  This means that We can require any one of You individually to repay the entire 
amount  owed  under  this  Agreement.  Each  of  You  authorizes  the  other(s)  to  make  purchases,  cash  advances,  or  otherwise 
access Your Account, individually.  Any one of You may terminate the Account and the termination will be effective as to all  of 
You.  You agree not to give Us conflicting directions. 

Authorized User 

If You or Your Joint Account holder lets someone else use the Account (Authorized User), You and any Joint Account holder are 
responsible  for  all  Transactions  made  by  that  person,  whether  or  not  You  have  notified  Us  that  the  person  will  be  using  Your 
Account and whether or not the amount of the actual use exceeds Your permission or was made for Your benefit.  An Authorized 
User will not be responsible for paying the balances due on Your Account.  You cannot disclaim responsibility for these charges 

11/1/2018 

 
 
by notifying Us, but if You write Us at the address or call Us at the telephone number shown on Your billing statement and return 
all Cards and Checks to Us, We will close Your Account for new Transactions.  

Using Your Account 

Sign Your Card immediately upon its receipt.  If You do not sign the Card, You will still be obligated to pay amounts incurred on 
Your Account.  The Card may only be used during its validity period, which is printed on the Card. 

Whether in person or via mail, telephone, internet, or any other electronic methods, You may use the Card to make purchases of 
goods or services from merchants and others who accept VISA Cards.  You may obtain cash advances from Us and from other 
financial institutions that accept VISA Cards, as well as from automated teller machines (ATMs) that accept VISA Cards (but not 
all ATMs accept VISA Cards.)  To obtain cash advances from an ATM, You must use the Personal Identification Number (PIN) 
that is issued to You.  You may use Checks to access Your Account, subject to any terms communicated to You with the Checks 
in addition to the terms of this Agreement (see below for information about Checks).  

If  You  have  an  M&T  Bank  Interest  Checking  Account  or  other  Checking  Account,  You  may  link  the  Checking  Account  (Your 
Checking Account) to Your Account to cover overdrafts on Your Checking Account.  If You ask to link Your Checking Account to 
Your Account, You authorize Us to (1) de-link and close any overdraft line of credit account which currently may be serving as an 
overdraft  mechanism,  and  (2)  de-link  any  other  account  with  M&T  Bank,  which  currently  may  be  serving  as  an  overdraft 
mechanism.   If You have requested overdraft protection for  Your Checking Account,  You  will obtain credit from Your Account, 
subject to the Credit Limit and other provisions of this Agreement and the terms of Your Checking Account Agreement, by any of 
the following methods: (1) if an M&T Bank Check Card or Visa check card is used at an electronic facility to make a withdrawal or 
transfer from Your Checking Account, but the amount of the withdrawal or transfer exceeds the balance available for withdrawal 
from Your Checking Account, We will lend the excess under Your Account , (2) if any other amount is sought to be withdrawn 
from Your Checking Account (for example, by a check or to pay a service charge or other fee charged against Your Checking 
Account)  but  exceeds  the  balance  available  for  withdrawal  from  Your  Checking  Account,  We  will  lend  the  excess  under  Your 
Account, (3) if at any banking office of M&T Bank, You cash a check or other item but the check or other item is not paid by  the 
financial institution on which it is written, the amount of the check or other item will be considered to have been lent under Your 
Account,  and  (4)  if  any  transfer  or  other  transaction  made  or  attempted  to  be  made  by  any  means  results  in  a  transfer  or 
transaction in an amount in excess of the balance available for withdrawal from Your Checking Account, We will lend the excess 
under Your Account.  This paragraph applies regardless of who initiates the transaction that accesses Your Account.  

You must not obtain any Transaction to (1) make a payment under this Agreement or pay any other indebtedness existing now 
or coming into existence in the future from You to Us or any current or future M&T Bank affiliate or (2) buy, carry or trade in, or 
repay any indebtedness originally incurred to buy, carry or trade in, any margin stock or margin security. Use of Your Account 
must be limited to personal, family, or household purposes.  

We also may issue Checks to You from time to time.  When You sign a Check, You request a cash advance from Your Account.  
We may refuse to pay a Check for any reason.  At Your risk and upon Your request, We will accept a stop payment request on a 
Check.   You must provide Us with any information We may require.  A stop payment request becomes effective only after We 
have  had  a  reasonable  opportunity  to  act  upon  it.    Our  receipt  of  Your  stop  payment  request  comes  too  late  if:    We  have 
indicated in any manner that We will pay or honor the Check; the Check is already in Our processing system; or We do not have 
a reasonable time to act upon it (and You and We agree that the receipt of Your stop payment request on the same day as the 
Check is presented to Us does not give Us a reasonable time to act on the stop payment request).  Stop payment requests may 
be  made  orally  or  in  writing.    An  oral  stop  payment  request  is  effective  for  14  calendar  days  following  Our  receipt  unless 
confirmed by You in writing before the end of that time period.  A written stop payment request is effective for 6 months following 
Our receipt and must be renewed in writing.  If You fail to renew a stop payment request before it expires, You will be deemed to 
have consented to payment of the Check. 

Credit Limit 

Your  “Credit  Limit”  is  the  maximum  amount  of  Transactions  (purchases,  cash  advances,  Checks,  balance  transfers,  overdraft 
protection,  promotional  cash  advances,  and  promotional  balance  transfers),  interest,  finance  charges,  plus  any  other  charges 
that We allow You to owe Us on Your Account at any time.  You will be advised of the Credit Limit when We issue the Card.  You 
promise not to allow Your Outstanding Balance to exceed Your Credit Limit. However, if You exceed Your Credit Limit, You are 
still responsible to pay the Outstanding Balance to Us, We do not give up any of  Our rights under this Agreement and We can 
require that You immediately pay to Us any amount in excess of Your Credit Limit.  We may establish a maximum cash advance 
amount that is less than Your Credit Limit.  This cash advance limit is Your Cash Limit.  

11/1/2018 

 
 
Each payment You make to Your Account will restore Your Credit Limit by the amount of the payment, unless You are over Your 
Credit  Limit.    At  Our  sole  discretion, We may  wait  to  restore  Your  Credit  Limit  until We  have  actually  collected  the  funds  You 
have submitted to Us in payment.  If You are over Your Credit Limit, You must pay the amount You are over before payments will 
begin to restore Your Credit Limit.  You may request an increase in Your Credit Limit only by a method acceptable to Us.  

We can increase or decrease Your Credit Limit and can refuse to make a Transaction (without prior notice) at any time for any 
reason not prohibited by law.  We are not responsible for any losses if a Transaction is declined for any reason, either by Us or 
someone else, even if You have credit availability.  We may require You to register Your  Account with an authorization system 
that We select for online Transactions, and decline Your online Transactions if You do not register.  

Interest 

We figure interest on Your Account using the Average Daily Balance (including new transactions) method.  We calculate interest 
separately  for  each  category  of  Transactions  (purchases,  cash  advances,  checks,  balance  transfers,  overdraft  protection, 
promotional  cash  advances,  and  promotional  balance  transfers).    For  each  category  of  Transaction,  We  calculate  a  Balance 
Subject to Interest Rate for the billing cycle by adding up the daily balances and dividing that amount by the number of days in 
the  billing  cycle.    Interest  for  each  balance  is  calculated  by  multiplying  the  Daily  Periodic  Rate  for  each  balance  times  the 
Balance Subject to Interest Rate for each category and by the number of days in the billing cycle.    

We begin with the balance for each category on the first day of the billing cycle and add any unpaid periodic interest charge.  To 
get the daily balance for each category, We take the beginning balance each day, add any periodic interest from the prior day, 
add  any  new  transactions  and  other  debits  (such  as  fees),  subtract  any  credits  or  payments  as  of  that  day  and  make  other 
adjustments.  A credit balance is considered zero.  Then, for each category, We calculate a Balance Subject to Interest Rate for 
the billing cycle by adding up the daily balances and dividing that amount by the number of days in the billing cycle. 

Except as provided in the section headed “Paying Interest,” interest will begin to accrue on any Transaction on the transaction 
date.  For Checks, the transaction date is the date the check is presented to Us for payment. 

Your APRs and Daily Periodic Rates may vary (i.e., increase and decrease) with changes in the prime rate (as defined below).  
We will determine Your purchase APR by adding Your purchase margin to the prime rate. We will determine Your cash advance 
and check APRs by adding a margin of 18.99% to the prime rate, and Your overdraft APR by adding a margin of 18.99% (10.99 
for accounts opened prior to 6/5/14) to the prime rate. Your balance transfer APR will be equal to Your purchase APR after any 
applicable  promotional  period  expires.    To  the  extent  permitted  by  applicable  law,  Your  APRs  are  not  subject  to  a 
maximum limit. 

We calculate each APR for each monthly billing cycle by adding the appropriate margin to the prime rate published in 
The Wall Street Journal on the first business day of the previous month. The “prime rate” is the highest U.S. Prime Rate 
published  in  the  Money  Rates  section  of  The  Wall  Street  Journal.  The  prime  rate  is  not  the  lowest  or  the  best  interest  rate 
available to a borrower at any particular bank at any particular time – it is only a pricing index. If The Wall Street Journal stops 
publishing the prime rate, We will select a similar pricing index rate to calculate Your APRs. 

For each billing period, We see what the prime rate was on the first business day of the previous month. For example, the prime 
rate for the billing period beginning March 1 will be the prime rate published on February 1. We then add the applicable margin to 
that  prime  rate  to  get  the  APR.  The  Daily  Periodic  Rate  is  1/365th  of  the  APR,  and  1/366th  in  a  leap  year.  If  Our  calculation 
results  in  a  change  to  a  Daily  Periodic  Rate  from  the  previous  month  because  the  prime  rate  has  changed,  the  new  rate  will 
apply  as  of  the  first  day  of  Your  billing  period  that  begins  for  the  current  monthly  billing  cycle.    If  the  Daily  Periodic  Rate 
increases, You will have to pay a higher interest charge and may have to pay a higher Minimum Monthly Payment.  

Paying Interest 

Your due date will be at least 25 days after the close of each billing cycle.  If a monthly statement includes new purchases, You 
may avoid paying  interest  on those new purchases by  paying  the  entire new balance reflected on that monthly statement (the 
“New  Balance”  for  that  month)  in  full  by  the  payment  due  date  for  that  monthly  statement  (the  “Payment  Due  Date”  for  that 
month.  If We do not receive the entire New Balance by the Payment Due Date, interest will be charged on the purchases from 
the date of the transaction.  Interest charges on balance transfers, cash advances, and overdraft advances begin to accrue on 
the transaction date and continue to accrue until paid in full, and will be assessed even if Your entire New Balance is paid by the 
Payment Due Date.  

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Penalty Rate 

A Penalty APR of 24.99% (Daily Periodic Rate of .06847%) will apply to all Your balances and future transactions instead of the 
Introductory  APR  or  regular  APRs  if  You  fail  to  pay  the  Minimum  Monthly  Payment  within  60  days  after  its  due  date.    If  You 
promptly remedy the default, Your Account will return to the regular  APRs for each balance after 6 consecutive cycles in which 
Your  Account  is  deemed  current  and  is  not  in  default.    Otherwise,  Your  APRs  will  remain  at  24.99%  (Daily  Periodic  Rate  of 
.06847%)  until  Your Outstanding Balance  is paid in full.  The  APR increase  will occur regardless of  whether We exercise any 
other right or remedy permitted under this Agreement or by law for Your default. 

Fees and Charges 

Late Charges. You must pay a late charge, as described below, if any Minimum Monthly Payment is overdue. 

Late Payment Charge of $25 ($35 if You make a late payment within 6 billing cycles of any previous late payment).  We add the 
late charge to Your purchase balance. 

Returned Check Charges.    If You use a payment check to pay any amount owing under Your Account and the check is not 
paid, You must pay a returned check charge of $25.  We add the charge to Your purchase balance as of the date of dishonor.  

Cash Advance. If You obtain a cash advance, You must pay a cash advance fee of three percent (3%) of the value of the cash 
that  is  advanced,  subject  to  a  $10  minimum  fee.    This  fee  is  a  FINANCE  CHARGE.    We  add  the  fee  to  Your  cash  advance 
balance as of the Transaction date. 

Balance Transfer. If You obtain a balance transfer, You must pay a balance transfer fee of four percent (4%) of the value of the 
transferred balance, subject to a $10 minimum fee.  This fee is a FINANCE CHARGE.  We add the fee to Your balance transfer 
balance as of the Transaction date. 

Overdraft Transfer. If You have linked Your Checking Account to Your Account, You must pay a $12.50 transfer fee on the day 
a transfer to Your Checking Account occurs (regardless of the number of transfers made during the day).  This fee is a FINANCE 
CHARGE.  We add the fee to Your overdraft balance as of the Transaction date. 

Unpaid Convenience Check Fee. If We do not pay a Check (because You have asked Us not to do so or if We have decided 
not to pay it because You are in default, a Check has expired, etc.) You must pay an Unpaid Convenience Check Fee of $25.  

Foreign Transaction Fee.  If You use Your Card for any transaction involving a foreign currency (not in U.S. dollars), You must 
pay a Foreign Transaction Fee of three percent (3%) of the value of the transaction after conversion to U.S. dollars, unless  You 
have the M&T Visa® Signature Credit Card, on which no Foreign Transaction Fees are charged. 

Expedited Card Fee.  If You request that We expedite the delivery of a replacement Card, You must pay an Expedited Card Fee 
of $25. 

Administrative Fees. We may charge You for copies of billing statements, sales drafts or other records or for special services 
You  request.   We  will  not  charge  You  for  copies  of  documents  You  request  for  a  billing  dispute  You  assert  against  Us  under 
applicable law.  These charges may change from time to time and will be added to Your purchase balance as of the date of the 
request. 

Fee Limitations.  We will not charge You a Late Payment Charge, Returned Check Charge, or Unpaid  

Convenience  Check  Fee  that  exceeds  the  amount  of  the  associated  payment/check.    For  example,  if  Your  Minimum  Monthly 
Payment amount is $20 and You make a late payment, You will be charged a $20 Late Payment Charge. 

Method of Payment 

You  must  pay  Us  Your  Outstanding  Balance.    You  can  pay  it  in  full  at  any  time  without  any  penalty,  or  You  can  pay  it  in 
installments.  You must pay  it  in United States dollars drawn on funds on deposit in a United States financial institution or the 
United  States  branch  of  a  foreign  financial  institution  using  a  payment  check,  money  order  or  automatic  debit  payable  to  Our 
order that will be honored by Your financial institution.  By the date shown on any statement for Your Account, You must pay  at 
least the Minimum Monthly Payment shown on the statement.  

11/1/2018 

 
 
Monthly Minimum Payment 

The “Minimum Monthly Payment” is the greater of: 

  (a) $15: or  

(b) 2.5% of the Outstanding Balance of Your Account at the end of a billing period plus the greater of (i) any amounts over limit or 
(ii) any past due amounts and late and other fees.   

Your Minimum Monthly Payment will be rounded to the nearest dollar.  

Defer a Payment 

In Our sole discretion, We may allow You to defer making the Minimum Monthly Payment for certain billing periods.  During the 
deferred-payment period, interest will be assessed, but no late fee will be imposed.  At the end of the deferred-payment period, 
all  terms  of  this  Agreement  that  would  have  applied,  were  it  not  for  the  deferred-payment  feature,  will  automatically  resume 
without notice. 

Payment Requirements 

We  do  not  accept  cash  payments  through  the  mail.    Mailed  payments  must  be  made  by  payment  check  or  money  order 
accompanied by the payment stub attached to the statement and must be received by Us at Credit Card Payment Processing, 
P.O.  Box  62014,  Baltimore,  MD  21264-2014.    Payments  made  in  person  must  be  made  at  an  M&T  Bank  branch  by  payment 
check  or  money  order  accompanied  by  the  payment  stub  attached  to  the  statement.    Checks  must  be  made  payable  to  M&T 
Bank.  Except to the extent required by applicable law, if We accept any payment that does not conform to these requirements, 
the payment need not be posted or considered to have been made until the 5th day after the date We receive it. 

Payment Allocation 

We  will  allocate  Your  payments  in  the  manner  We  determine.    In  most  instances,  We  will  allocate  Your  payments  up  to  the 
Minimum  Monthly  Payment  to  balances  (including  Transactions  made  after  the  statement)  with  lower  APR’s  before  balances 
with  higher  APR’s.    Payments  above  the  Minimum  Monthly  Payment  will  be  allocated  to  balances  with  higher  APR’s  before 
balances with lower APR’s.   

Amendment of Agreement 

To the extent allowed by law, We may change the terms of this Agreement from time to time, regardless of whether You have 
access to Your Account, by adding, deleting, or modifying any provision (an “Amendment”).  Once amended, any reference to 
Your  “Agreement”  will  mean  the  Agreement  as  modified  by  the  Amendment.    Our  right  to  add,  delete,  or  modify  provisions 
includes  financial  terms,  such  as  the  APRs  and  fees,  and  any  other  terms  including,  for  example,  the  nature,  extent,  and 
enforcement of the rights and obligations You or We may have relating to this Agreement.  Notice of any change will be given  in 
accordance with applicable law.  The Amendment will become effective on the effective date stated in the notice.  Use of Your 
Card  after  receiving  notice  of  a  change  will  further  evidence  Your  agreement  to  the  change.    If  permitted  by  law  and  unless 
otherwise specified in the notice to You, the change will apply to Your Outstanding Balance as well as to future transactions.  If 
You give Us written notice that You do not agree to the change, We will terminate Your Account and You will be permitted to pay 
the  Outstanding  Balance  as  of  the  effective  date  under  the  terms  of  the  Agreement  governing  Your  Account  at  the  time  Our 
notice was given.  If You use Your Card after the effective date of the Amendment, You will be considered to have agreed to the 
new terms even if You have sent Us such written notice.  

Our Right to Cancel Your Account / How to Cancel Your Account 

We can suspend or cancel Your Account or revoke Your Card at any time without prior notice, except as required by law.  You 
cannot use a Card or Checks after any such action has occurred. You can cancel Your Account by notifying Us.  In either case, 
You agree to destroy all Cards and Checks.  Cancellation of Your Account will not affect Your liability to Us for the Outstanding 
Balance and any other costs.  You are also responsible for all Transactions made to Your Account after termination, unless the 
Transactions were unauthorized.  Checks are no longer valid if Your Account has been suspended or terminated. 

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Reissuance of Cards 

You agree that at any time for any reason We may reissue a Card to You and/or may ask You to return any or all Cards.  

Foreign Transactions 

Transactions  made  in  foreign  countries  and  foreign  currencies  will  be  billed  to  You  in  U.S.  dollars.    The  exchange  rate  for 
transactions in a foreign currency will be 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 the government mandated 
rate in effect for the applicable central processing date.  The exchange rate in effect on the central processing date may differ 
from the rate in effect on either the transaction date or the posting date.  The exchange rate is subject to change by VISA.   You 
will also be charged a Foreign Transaction Fee as described above, if applicable. 

Default 

If: 

1)  You fail to make any payment when due under this Agreement or to comply with any of the other terms of this 

Agreement in existence now or in the future;  

2)  You die, file for bankruptcy or become insolvent; 

3)  You make any false or misleading statements in any credit application or credit update;  

4)  We believe Your ability to pay what You owe has been substantially reduced; 

5)  You fail to pay any other indebtedness from You to Us or Our affiliates existing now or coming into existence in 

the future by the date it becomes due; 

6)  Anyone starts any legal proceeding to take any property belonging to You now or acquired by You in the future 

to pay any indebtedness existing now or coming into existence in the future; or 

7)  Any tax or other involuntary lien is filed or recorded against any property belonging to You now or acquired by 

You in the future,  

except to the extent prohibited by applicable law, You will be in default.  If You are in default, We may declare Your Outstanding 
Balance and any other amounts You owe to be immediately due, prohibit further Transactions (without prior notice), cancel the 
Cards, and revoke any privileges associated with the Card or Your Account. We may increase Your  APRs to the Penalty APR 
under the circumstances described in the section in this Agreement headed “Penalty Rate.”  

Collection Costs 

If You are in default, to the extent permitted by applicable law, You agree to pay reasonable collection expenses that We incur 
enforcing this Agreement, including court costs and attorney’s fees not exceeding 20% of the amount due and payable under this 
Agreement if it is referred to an attorney not Our salaried employee for collection. 

Communication Regarding Account/ Statements and Notices 

You  authorize  Us  to  contact  You  by  telephone  regarding  Your  Account.    To  assure  customer  service  quality,  telephone 
communications with You may be monitored and recorded, without further notice.  You agree that such telephone calls may be 
monitored, recorded and automatically dialed and that a recorded message may be played.  You agree that such telephone calls 
are not unsolicited telephone calls for purposes of any state or federal law. 

All notices required in this Agreement must be in writing.  You will send all notices to Us to the address shown in Your periodic 
statement,  unless  We  notify  You  otherwise.    Notices  to  Us  are  effective  when  We  receive  them  and  have  a  reasonable 
opportunity to act on them. 

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Statements and notices, which We can send by regular mail, will be mailed to You at the most recent address You have given 
Us, as shown in Our records concerning Your Account.  Notice sent to any one of You will be considered notice to all. 

Waivers 

No change in this Agreement can be made except in writing, signed by Us.  We can do any of the following without notifying You 
or losing any right with respect to Your Account or against You: 

1.  Accept  any  check  or  other  order  marked  “Paid  in  Full”  or  with  similar  language  as  a  payment  under  this 

Agreement;  

2.  Give additional time for payment of any amount owing under this Agreement; or 

3.  Exercise,  give  up,  fail  to  exercise  or  delay  exercising  any  right  with  respect  to  Your  Account  or  against  any 

person.  

For example, We can sue You to collect Your Account Balance whether or not We sue anyone else. 

If property is or will be security for another debt You owe Us and under the terms of that indebtedness the property would secure 
amounts You owe under this Agreement, We waive  the right to treat the property as security for amounts You  owe  under this 
Agreement.  

PIN 

You  may  be  requested  to  change  Your  PIN  from  time  to  time.  You  agree  that  You  will  not  disclose,  and  will  prevent  the 
disclosure  of,  Your  PIN.    If  the  confidentiality  of  the  PIN  is  compromised,  You  shall  notify  Us  immediately.    You  assume  sole 
responsibility for maintaining the PIN.   

Credit Information 

You  authorize  Us  to  investigate  Your  credit  standing  when  opening,  renewing  or  reviewing  Your  Account  from  time  to  time, 
including  by  obtaining  information  from  credit  bureaus  and  others.  You  authorize  Us  to  disclose  information  regarding  Your 
Account to credit bureaus and other creditors who inquire of Us about Your credit standing.  

Financial and Other Information  

If You change the address of Your residence,  Your mailing address or Your employer or if there is any  unfavorable change in 
Your financial condition, You must promptly notify Us in writing of the change.  Whenever We ask You to do so, You must submit 
to Us a financial statement in a form satisfactory to Us. 

Lost or Stolen Cards / Liability for Unauthorized Use 

You must notify Us orally or in writing immediately of the loss, theft, or possible unauthorized use of the Card or Checks.  Until 
You  use  the  Card,  You  are  not  responsible  for  any  Transaction  made  by  using  the  Card  after  its  loss  or  theft.    Under  VISA 
operating  rules,  You  will  generally  have  no  liability  for  the  unauthorized  use  of  any  Card  after  its  loss  or  theft.    If  there  is  an 
exception to the VISA “zero liability” operating rule, such as if You are grossly negligent in handling Your Card, Your maximum 
liability is $50.  You will not be liable for unauthorized use that occurs after You notify Us orally or in writing, of the loss, theft, or 
possible unauthorized use.  You can notify Us by calling 1-800-724-2440 or writing Us at:  M&T Bank, PO Box 8405, Wilmington, 
DE 19899-8405.  

Do not use Your Account after You notify Us, even if Your Card is found or returned.   

You also agree to assist Us in determining the facts, circumstances and other pertinent information relating to any loss, theft or 
possible  unauthorized  use  of  Your  Card  and  comply  with  such  procedures  as  We  may  require  in  connection  with  Our 
investigation, including assisting in the prosecution of any unauthorized user. 

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Limitation on Interest and Finance Charges  

Interest and other finance charges will not be payable at a rate in excess of the maximum rate allowed by applicable law.  To the 
extent necessary to result in all finance charges not being payable  at a rate  in excess of that maximum rate, any amount that 
would be treated  as part of those finance charges under a final  interpretation  of that law  by  a court  will be considered to be a 
mistake, will be considered to be automatically canceled and, if received by Us, will be refunded to You, it being Your and Our 
intention that those finance charges not be payable at a rate in excess of that maximum rate.  

Returns and Adjustments  

If Your credits and payments exceed what You owe Us, We will hold and apply this credit balance against future Transactions, or 
if it is $1.00 or more, refund it on Your written request or automatically within six months.  

Transfers  

We may transfer or assign Your Account and/or this Agreement, or any of Our rights under this Agreement, to another person or 
entity at any time without prior notice to You or Your consent. If they ask You, You must pay them the amount You owe on Your 
Account.  

Your rights under this Agreement cannot be transferred by You, by operation of law, or otherwise, but Your obligations shall be 
binding upon Your estate or personal representatives. 

Illegal Transactions Prohibited 

You must ensure that the Card is not used for any illegal transaction and agree not to engage in any transactions that are illegal 
in  the  jurisdiction  where  You  live  and/or  where  the  transaction  occurs.    Internet  gambling,  for  example,  may  be  illegal  in  the 
jurisdiction  where  You  live.    You  nevertheless  agree  that  You  will  be  liable,  according  to  the  terms  of  this  Agreement,  for  all 
transactions, whether deemed legal or illegal. 

Giving Up of Rights  

Except to the extent prohibited by applicable law, You give up any right to require that We (1) demand that You pay any amount 
owing under this Agreement, (2) notify You if any amount owing under this Agreement is not paid by the date it becomes due or 
(3) obtain a certificate stating that any amount owing under this Agreement was not paid by the date it became due. 

Military Lending Act 

Notwithstanding any other provision of this Agreement, if you are a “covered borrower” under the Military Lending Act, as defined 
at 32 CFR § 232.3(g), nothing in this Agreement shall be construed as applying to you or Your Account to the extent inconsistent 
with the Military Lending Act.   

Arbitration 

Military Lending Act:  If you are a Covered Borrower under the Military Lending Act, you are not required to submit to arbitration. 
Your Right to Reject:  You may reject this Arbitration provision by mailing Us, within 30 days after the date of this Agreement, a 
signed  rejection  notice  which  gives  Your  name(s)  and  address(es)  and  states  that  You  reject  arbitration.    The  rejection  notice 
must be sent to Us at M&T Bank, Regulatory Support, P.O. Box 1468, Buffalo, NY 14240-1468 (attn.  Arbitration Rejection). 

Covered Claims:  “Claim” means any claim, dispute or controversy whatsoever between You and Us that in any way arises from 
or  relates  to  this  Agreement.    However,  “Claim”  does  not  include  any  dispute  about  the  validity,  effect  or  enforceability  of  the 
Class Action Waiver below or any dispute concerning the last sentence of the Severability section below; any such dispute shall 
be resolved by a court and not by an arbitrator or Administrator. 

Notice  and  Cure:    Prior  to  initiating  a  lawsuit  or  arbitration  regarding  any  Claim,  the  party  asserting  the  Claim  (the  “Claimant”) 
shall give the other party (the “Defending Party”) written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not 
less than 30 days, to resolve the Claim on an individual basis.  Any Claim Notice must explain the nature of the Claim and the 
relief  that  is  demanded.    The  Claimant  must  reasonably  cooperate  in  providing  any  information  about  the  Claim  that  the 
Defending Party reasonably requests.  Any Claim Notice to Us shall be sent by mail to the above Regulatory Support address (or 

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any updated address we have subsequently provided  You), attention Claim Notice.  Any Claim Notice must include Your name 
and address. 

Starting an Arbitration:  Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated 
a lawsuit with respect to a different Claim.  Arbitration is started by giving a written demand for arbitration to the other party.  We 
will not demand to arbitrate an individual Claim that You bring against Us in small claims court or Your state’s equivalent court, if 
any.  But if that Claim is transferred, removed or appealed to a different court, We then have the right to demand arbitration. The 
party starting an arbitration must select as “Administrator” either the American Arbitration Association (“AAA”), 1633 Broadway, 
10th  Floor,  New  York,  NY  10019,  www.adr.org.,  or  JAMS,  620  Eighth  Avenue,  34th  Floor,  New  York,  NY    10018, 
www.jamsadr.org.    However,  any  other  company  may  be  selected  by  mutual  agreement  of  the  parties  or,  if  AAA  and  JAMS 
cannot serve, a court.  Notwithstanding the foregoing, no arbitration may be administered by any Administrator that has in place 
a formal or informal policy that is inconsistent with the Class Action Waiver. 

Conduct of Arbitration: The language of any arbitration shall be in English.  Any party desiring or requiring a different language 
shall bear the expense of an interpreter. The parties shall select a single arbitrator or, in the event the parties shall fail to agree, a 
single, neutral arbitrator shall be chosen by the Administrator.  Each arbitrator shall be a licensed attorney who has engaged in 
the private practice of law continuously during the 10 years immediately preceding the arbitration or a retired judge of a court of 
general or appellate jurisdiction. All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a 
court proceeding will apply in the arbitration.  In conducting the arbitration and making the award, the arbitrator shall be bound by 
and shall strictly enforce the terms of this Arbitration provision and may not limit, expand or otherwise modify its terms. 

Court  and  Jury  Trials  Prohibited:  IF  YOU  OR WE  ELECT TO  ARBITRATE  A  CLAIM,  YOU WILL  NOT  HAVE  THE  RIGHT TO 
PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.  

Prohibition Against Certain Proceedings:  IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY 
PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION; (2) YOU MAY NOT ACT AS A PRIVATE 
ATTORNEY  GENERAL  IN  COURT  OR  IN  ARBITRATION;  (3)  CLAIMS  BROUGHT  BY  OR  AGAINST  YOU  MAY  NOT  BE 
JOINED  OR  CONSOLIDATED  WITH  CLAIMS  BROUGHT  BY  OR  AGAINST  ANY  OTHER  PERSON;  AND  (4)  THE 
ARBITRATOR  SHALL  HAVE  NO  POWER  OR  AUTHORITY  TO  CONDUCT  A  CLASS-WIDE  ARBITRATION,  PRIVATE 
ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.  

Location and Costs of Arbitration:  Any arbitration hearing that You attend must take place at a location reasonably convenient to 
You.    We will pay any and all fees of the Administrator and/or the arbitrator if applicable law or the Administrator's rules require 
Us to, if You prevail in the arbitration or if We must bear such fees in order for this Arbitration Provision to be enforced.  If You 
demand an arbitration and initiate the arbitration proceeding, We will pay Your reasonable witness, attorneys and expert fees if 
and to the extent  You prevail or if We must bear such fees in order for this Arbitration Provision to be enforced.  Also, We will 
bear any fees if applicable law requires Us to. 

Governing  Law:    This  Arbitration  provision  involves  interstate  commerce  and  is  governed  by  the  Federal  Arbitration  Act  (the 
“FAA”),  and  not  by  any  state  arbitration  law,  provided  that  Delaware  law  shall  apply  to  the  extent  relevant  to  determine  the 
validity of this Arbitration provision under the FAA.  The arbitrator must apply applicable substantive law consistent with the FAA 
and applicable statutes of limitations and claims of privilege recognized at law.  The arbitrator may award any remedy provided 
by the substantive law that would apply if the action were pending in court (including, without limitation, punitive damages, which 
shall be governed by the Constitutional standards employed by the courts).  At the timely request of either party, the arbitrator 
must provide a brief written explanation of the basis for the award. 

Right  to  Discovery:    In  addition  to  the  parties’  rights  to  obtain  discovery  pursuant  to  the  arbitration  rules  of  the  Administrator, 
either  party  may  submit  a  written  request  to  the  arbitrator  to  expand  the  scope  of  discovery  normally  allowable  under  the 
arbitration rules of the Administrator.  The arbitrator shall have discretion to grant or deny that request. 

Arbitration  Result:    Judgment  upon  the  arbitrator’s  award  may  be  entered  by  any  court  having  jurisdiction.    The  arbitrator’s 
decision is final and binding, except for any right of appeal provided by the FAA. 

Rules  of  Interpretation:    This  Arbitration  provision  shall  survive  the  repayment  of  all  amounts  owed  under  any  agreement 
between the parties, the closing of any related account(s), any legal proceeding and any bankruptcy to the extent consistent with 
applicable bankruptcy law.  This Arbitration provision governs over any inconsistent provision in the applicable arbitration rules or 
other provisions of any agreement between the parties. 

Severability:  If any portion of this Arbitration provision, other than the Class Action Waiver, is deemed invalid or unenforceable, 
the remaining portions shall nevertheless remain in force. However, if a determination is made that the Class Action Waiver is 

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unenforceable, only this sentence of the Arbitration provision will remain in force and the remaining provisions shall be null and 
void, provided that the determination concerning the Class Action Waiver shall be subject to appeal. 

Your Billing Rights: Keep this Document for Future Use 

This notice tells You about Your rights and Our responsibilities under the Fair Credit Billing Act. 

*   

* 

  * 

What To Do If You Find A Mistake On Your Statement 

If You think there is an error on Your statement, write Us at: 

M&T Bank 
P.O. Box 8405 
Wilmington, DE 19899-8405 

In Your letter, give Us the following information: 

  Account Information:  Your name and Account number. 
  Dollar Amount:  The dollar amount of the suspected error. 
  Description of problem:  If You think there is an error on Your bill, describe what You believe is wrong and 

why You believe it is a mistake.   

You must contact Us: 

  Within 60 days after the error appeared on Your statement. 
  At least 3 business days before an automated payment is scheduled, if You want to stop payment on the 

amount You think is wrong. 

You  must  notify  Us  of  any  potential  errors  in  writing.    You  may  call  Us,  but  if  You  do  We  are  not  required  to  investigate  any 
potential errors and You may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 

When We receive Your letter, We must do two things: 

1. 

2. 

Within 30 days of receiving Your letter, We must tell You that We received Your letter.  We will also tell 
You if We have already corrected the error. 
Within 90 days of receiving Your letter, We must either correct the error or explain why We believe the 
bill was correct.  While We investigate whether or not there has been error: 
o  We cannot try to collect the amount in question, or report You as delinquent on that amount. 
o  The  charge  in  question  may  remain  on  Your  statement,  and  We  may  continue  to  charge  You 

interest on that amount. 

o  While You do not have to  pay  the amount in question,  You  are responsible for  the remainder of 

Your balance. 

o  We can apply any unpaid amount against Your credit limit.  

After We finish Our investigation, one of two things will happen: 

 

 

If  We  made  a  mistake:    You  will  not  have  to  pay  the  amount  in  question  or  any  interest  or  other  fees 
related to that amount. 
If  We  do  not  believe  there  was  a  mistake:    You  will  have  to  pay  the  amount  in  question,  along  with 
applicable interest and fees.  We will send You a statement of the amount You owe and the date payment 
is due.  We may then report You as delinquent if You do not pay the amount We think You owe.   

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If  You  receive  our  explanation  but  still  believe  Your  bill  is  wrong,  You  must  write  to  Us  within  10  days  telling  Us  that  You  still 
refuse to pay.  If You do so, We cannot report You as delinquent without also reporting that You are questioning Your bill.  We 
must tell You the name of anyone to whom We reported You as delinquent, and We must let those organizations know when the 
matter has been settled between us.   

If We do not follow all of the rules above, You do not have to pay the  first $50 of the amount You question even if Your bill is 
correct. 

Your Rights if You Are Dissatisfied With Your Credit Card Purchases 

If You are dissatisfied with the goods or services that You have purchased with Your credit card, and You have tried in good faith 
to correct the problem with the merchant, You may have the right not to pay the remaining amount due on the purchase.   

To use this right, all of the following must be true: 

1. 

2. 

3. 

The purchase must have been made in Your home State or within 100 miles  of Your current mailing 
address,  and  the  purchase  price  must  have  been  more  than  $50.    (Note:    Neither  of  these  are 
necessary  if  Your  purchase  was  based  on  an  advertisement  We  mailed  to  You,  or  if  We  own  the 
company that sold You the goods or services.) 
You must have used Your credit card for the purchase.  Purchases made with cash advances from an 
ATM or with a check that accesses Your credit card Account do not qualify. 
You must not yet have fully paid for the purchase. 

If all of the criteria above are met and You are still dissatisfied with the purchase, contact Us in writing at:  

M&T Bank 
P.O. Box 8405 
Wilmington, DE 19899-8405 

While We investigate, the same rules apply to the disputed amount as discussed above.  After We finish Our investigation, We 
will tell You Our decision.  At that point, if We think You owe an amount and You do not pay, We may report You as delinquent. 

© M&T Bank 

11/1/2018