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 11.24 
and 18.24% 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 
12.24 and 19.24% 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 
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 Accounts:  0.00% Introductory APR for the first 12 billing 
cycles after account opening.  After that, your APR will be between 11.24 and 
18.24% 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 after 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® Signature Credit Card Accounts: 0.00% Introductory APR for the first 12 
billing cycles after 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. 
23.24%.  This APR will vary with the market based on the Prime Rate. 
23.24%.  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, 
the  Consumer  Financial  Protection  Bureau  at 
visit 
http://www.consumerfinance.gov/learnmore. 

the  website  of 

4% of each balance transfer (minimum $10) 
3% of each transaction (minimum $10) 

8/10/2017 

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 

$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) 

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  (8/1/2017).  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. 

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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. 

© 2017 M&T Bank 

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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 

8/10/2017 

 
 
Authorized User will not be responsible for paying the balances due on Your Account.  You cannot disclaim responsibility for 
these charges 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, 

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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.  

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 19.24% to the prime rate, and Your overdraft APR by adding a margin 
of  19.24%  (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 

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(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.  

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. 

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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.  

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.  

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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. 

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. 

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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. 

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 

8/10/2017 

 
 
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. 

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). 

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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 opportunit y, 
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  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. 

8/10/2017 

 
 
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  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. 

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. 

8/10/2017 

 
 
 
 
 
2. 

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.   

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 

8/10/2017