Cardholder Account Agreement: Part 1 of 2 

Build Card 
Issuer: Mastercard, Republic Bank & Trust Company 

Rates and Fees Table 

Interest Rates and Interest Charges 

Annual Percentage Rate (APR) for 
Purchases 

29.9 % 

M-123261 

APR for Cash Advances 

29.9 % 

This APR will vary with the market based on the Prime Rate. 

Paying Interest 

This APR will vary with the market based on the Prime Rate. 

We will begin charging interest on purchases and cash advances on the 
transaction date.  There is no grace period. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $0.50. 

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

To learn more about the factors to consider when applying for or using a credit 
card, visit the website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore 

Fees 

Set-up and Maintenance Fees 

NOTICE: Some of these set-up and maintenance fees will be assessed before 
you begin using your card and will reduce the amount of credit you initially have 
available. Based on your initial limit of $500, your initial available credit will be 
$375. 

You may still reject this plan, provided that you have not yet used the account or 
paid a fee after receiving a billing statement.  If you do reject the plan, you are 
not responsible for any fees or charges. 

•  Account Set-up Fee 

$53 one-time account set-up fee will be charged to your account. 

•  Membership Fee 

$72 annually ($72 at setup; $6 per month after the first year) 

•  Additional Authorized User 

$12 annually ($1 per month) for each additional Authorized User card issued. 

Card Fee 

Transaction Fees 

•  Cash Advance 

Either $10 or 3% of transaction, whichever is greater. 

• 

Foreign Transaction 

None 

Penalty Fees 

• 

Late Payment 

Up to $35. 

•  Over-the-Credit Limit 

None 

•  Returned Payment 

Up to $35. 

How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases).” See your account 
agreement for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement. 

Page 1 of 1 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Cardholder Account Agreement: Part 2 of 2 

The  following  terms  and  conditions  govern  the  use  of 
Customer’s  MASTERCARD®  Build  Card  Credit  Card 
Account  (“Account”) and any Card or other Access Device 
(“Access Device”) issued by Republic Bank & Trust Company 
(“Issuer”).  In  this  Agreement,  Issuer  will  be  referred  to  as 
“we”, “us” and “our”; Customer will be referred to as “you” and 
“your”. THIS AGREEMENT CONTAINS AN ARBITRATION 
PROVISION,  WHICH  PROVISION  INCLUDES  A  WAIVER 
OF THE ABILITY OF THE PARTIES TO LITIGATE CLAIMS 
IN  COURT,  TO  PARTICIPATE  IN  A  CLASS  ACTION,  TO 
PARTICIPATE  IN  ANY  REPRESENTATIVE  ACTION,  OR 
TO HAVE CLAIMS HEARD BY A JURY. AS SET FORTH IN 
THE ARBITRATION PROVISION, YOU MAY REJECT THE 
ARBITRATION  PROVISION  WITHOUT  ANY  EFFECT  ON 
THE  REMAINDER  OF  THIS  AGREEMENT  OR  YOUR 
ABILITY  TO  MAINTAIN  AN  ACCOUNT  OR  USE  THE 
CARD. 

(including  any  electronic 

for  acceptance  of  an  Account  or 

1.  RESPONSIBILITY. Your application, any Card carrier that 
we  send  with  your  Card,  any  document  accompanying  an 
Access Device, any automatic payment plan form, any other 
written  documents 
record) 
evidencing  any  transactions  made  under  your  Account  or 
signed by you in connection with your Account, any notices 
that we send to you with your Agreement, and/or any special 
credit  terms  disclosed  to  you  in  writing,  are  part  of  and 
incorporated  into  this  Agreement.  An  electronic  record  of 
your  request 
the 
consummation of a sales transaction under this Agreement 
can represent your signature of this Agreement. By signing 
or permitting others to sign the Card or credit application, or 
by  using  or  permitting  others  to  use  the  Access  Device  or 
Account number, you accept these terms and conditions and 
assume responsibility for all credit extended through use of 
the Account, except that your liability for unauthorized use will 
be  limited  as  hereinafter  provided.  Any  Access  Device 
remains  our  property  and  shall  be  surrendered  upon  our 
request. The Account and its privileges are not transferable 
by you and may be cancelled or revoked or the Credit Limit 
may be reduced or frozen by us at any time for any reason 
without notice subject to any legal provisions or requirements 
under applicable law. We may decline to authorize a charge. 
Reasons  we  may  do  this  include  suspected  fraud  and  our 
assessment of your creditworthiness. This may occur even if 
the charge would not cause you to go over your Credit Limit 
and  your  Account  is  not  in  default.  We  are  not  responsible 
for any losses you incur if we do not authorize a charge. We 
have no responsibility for the refusal of any seller to honor the 
Account, or for merchandise or services purchased through 
the use of the Account, other than as explained under Section 
“Your  Billing  Rights,”  below. 
21  of 
Transactions  restricted  by  the  Unlawful  Internet  Gambling 
Enforcement Act of 2006 (UIGEA) are prohibited from being 
processed through the Account. 

this  agreement, 

2. UNAUTHORIZED USE, LOSS, OR THEFT. You must 
notify us of loss, theft or unauthorized use of your Account by 
calling toll-free telephone number 1-800-634-9558, or in 

writing to Customer Service, P.O. Box 9203 Old Bethpage, 
NY  11804-9203  Attention:  Security  Department.  After  your 
notice of unauthorized use to us, your liability will not exceed 
$50.  We  may,  to  the  extent  allowed  under  applicable  law, 
increase the limit of your liability for unauthorized transactions 
only  if  we  determine  that  you  were  grossly  negligent  or 
fraudulent in the handling of the Account or Card. 

3. CREDIT LIMIT. We assign a Credit Limit to your Account. 
We  may  make  part  of  your  credit  limit  available  for  cash 
advances (Cash Advance Limit). The Credit Limit and Cash 
Advance  Limit  are  shown  on  each  billing  statement.  You 
agree to manage your Account so that your Account and cash 
advance balance (including fees and INTEREST CHARGES) 
are not more than your Credit Limit and Cash Advance Limit. 
We  may  increase,  decrease,  restrict,  or  cancel  your  Credit 
Limit or Cash Advance Limit at any time. We will notify you 
of any change as required by applicable law, but the change 
may take effect before you receive the notice. In the event 
you  incur  charges  in  amounts  exceeding  your  maximum 
authorized  Credit  Limit  (or  Cash  Advance  Limit),  you  are 
responsible  to  pay  such  amounts.  We  will  not,  however, 
charge you an Over-the-Credit Limit fee. 

the  Account  Set-up  Fee, 

4.  PAYMENTS.  You  agree  to  pay,  in  accordance  with  the 
amounts  set  forth  in  your  billing  statements,  indebtedness 
incurred  for  Purchases,  Cash  Advances,  any  applicable 
the 
INTEREST  CHARGE, 
Membership  Fee,  any  Late  Payment  Fee,  any  Returned 
Payment  fee  and  any  other  fee  imposed  from  time  to  time 
pursuant to these terms and conditions. If you are in breach 
of this Agreement or if you default in the performance of this 
Agreement, all additional costs and expenses incurred by us 
including reasonable attorney fees will be your responsibility 
to  pay  to  the  extent  not  prohibited  by  applicable  law.  Your 
payments to us shall be made in U.S dollars. We may place 
a reasonable hold on the crediting of check payments. 

5. PERIODIC STATEMENT AND PAYMENT SCHEDULE. 
We will send you a statement for each billing cycle in which 
there is any activity or balance on your account, or in which 
an INTEREST CHARGE has been imposed. You must pay at 
least 
the  
the  Minimum  Payment  due  disclosed  on 
statement,  which  will  be  all  past  due  amounts,  any 
Membership  Fees  billed  monthly,  and  Additional  Card  Fee 
billed monthly, plus the greater of: (i) 3% of your New Balance 
plus (a) Late Payment Fees, (b) Cash Advance Transaction 
Fees, and (c) Interest Charges billed during the billing cycle 
for which the Minimum Payment is calculated (as shown on 
that periodic statement) or (ii) $35. If the New Balance is less 
than  $35,  the  Minimum  Payment  will  be  the  total  amount 
owed. 

The  Minimum  Payment  will  be  rounded  up  to  the  nearest 
whole  dollar  amount.  Payments  greater  than  the  Minimum 
Payment amount or additional payments may be made at any 
time but shall not affect your obligation to pay any future or 
other monthly Minimum Payments. 
You agree to pay at least the Minimum Payment due that is 
disclosed  on  each  billing  statement.  If  you  choose  to  pay 
more  than  the  Minimum  Payment  that  is  disclosed  on  the 
billing statement, we may determine the method for allocating 

Page 1 of 7 

 
Cardholder Account Agreement: Part 2 of 2 

that  excess  payment  among  balances  on  your  Account, 
whether those balances constitute balances for Purchases, 
Cash  Advances,  or  other  charges  as  provided  in  this 
agreement.  We  will  allocate  any  such  excess  payment 
amounts  to  satisfy  any  outstanding  amounts  under  your 
Account  in  the  following  order,  if  applicable:  INTEREST 
CHARGE,  Membership  Fee,  Late  Payment  Fee,  Cash 
Advance Fee, Returned Payment Fee, Cash Advances, and 
Purchases. 

6. SCHEDULE OF FEES. 
(a) Account  Set-up  Fee:  A  one-time  $53  Account  Set-up 
fee will be charged to your Account as soon as it is opened. 
(b)  Membership  Fee:  The  Membership  Fee  for  your 
Account in year one is $72 (introductory period) and will be 
billed  to  your  Account  when  it  is  opened.  The  Membership 
Fee for your Account beginning in year two is $72 per year 
and will be billed to your Account in monthly installments of 
$6  per  month.  The  Membership  Fee  will  be  billed  to  your 
Account  as  long  as  it  remains  open  or,  if  your  Account  is 
closed  by  you,  the  Membership  Fee  will  continue  to  be 
charged until you pay your outstanding balance in full. The 
year one, up-front Membership Fee of $72 is refundable as 
long as your Account is canceled as outlined in Section 12(a) 
or 12(b). A Membership Fee Notice will be provided to you  
at least once every 12 months as required by law. 
(c) Additional Card (Authorized User) Fee:  $12 annually 
($1  per  month)  for  each  additional  Authorized  User  card 
issued. The Additional Card Fee will be WAIVED during the 
first year after Account setup. 
(d)  Cash  Advance  Limit  and  Fee:  Cash  Advances  are 
limited  to  the  amount  of  the  Cash  Advance  Credit  Limit.  A 
Cash Advance Fee will be computed on the amount of each 
Cash Advance as of the date of the transaction. The Cash 
Advance Fee will be either $10 or 3% of the Cash Advance, 
whichever is greater. 
(e) Foreign Transaction Fee:  NONE 
(f) Late Payment Fee: If a payment of at least the amount 
of the minimum required payment disclosed on the periodic 
statement is not received by the Payment Due Date, a penalty 
fee  of  $25  will  be  imposed  if  you  weren’t  charged  a  Late 
Payment Fee during any of your previous six billing periods. 
Otherwise, the fee is $35. 
(g) Over the Limit Fee:  NONE 
If  any  check  or  other 
(h)  Returned  Payment  Fee: 
instrument given for payment of the Account is dishonored for 
any reason, a penalty fee of $25 will be imposed if you were 
not  charged  a  Returned  Payment  Fee  during  any  of  the 
previous six billing periods. Otherwise, the fee is $35. 
(i)  Express  Delivery  Fee:  We  impose  a  $35  fee  for  the 
express  delivery  of  your  card.  Express  delivery  is  only 
available for lost, stolen or replacement cards. 
(j) Phone Payment Fee:  A Phone Payment Fee of $4 will 
be  imposed  if  your  same-day  payment  is  made  over  the 
phone through a service representative. 
(k)  Reissue Fee. You will not be charged a fee to issue a 
new card (sent via first class mail) if your card is lost, stolen, 
or damaged. 

INTEREST  CHARGE.  The 

7. 
INTEREST  CHARGE 
calculation method applicable to your Account for Purchases 

and Cash Advances that you obtain through the use of your 
Account or Card is the Average Daily Balance (including new 
purchases) as specified on your monthly periodic statement 
and explained below. Your Credit Account is subject to the 
following fees and INTEREST CHARGES, each of which will 
be billed to your Credit Account as a Purchase. 
(a) Periodic Interest: INTEREST CHARGES are assessed 
when you make a Purchase with your Account and when you 
obtain a Cash Advance. INTEREST CHARGES are imposed 
from the time you make a Purchase or a Cash Advance is 
obtained until it is paid in full. NOTE that there is no grace 
period  on  your  Account.  This  means  that  an  INTEREST 
CHARGE  will  always  be  assessed  on  the  Account  if  you 
make purchases or get cash advanced even if you pay your 
balance  in  full.  The  INTEREST  CHARGE  is  assessed  on 
Purchases, Cash Advances, and all fees including Account 
Set-up  and  Membership  Fees.  THERE  IS  NO  GRACE 
PERIOD. You cannot avoid an INTEREST CHARGE being 
assessed on your Account for any purchase or cash advance. 
If you do not pay off your entire Account Balance in full each 
month,  then  interest  will  continue  to  accrue  on  the  unpaid 
balance over the next billing cycle, even if you do not make 
any additional purchases or cash advances during the next 
cycle. 
(b)  Computing  Periodic  INTEREST  CHARGES:  The 
INTEREST  CHARGE  is  determined  by  multiplying  the 
“Average Daily Balance” for Purchases and Cash Advances 
outstanding  during  the  monthly  Billing  Cycle  by  the  daily 
“Periodic Rate” and the number of days in the billing cycle. 
The APR is 29.9% (which is subject to change) and the daily 
“Periodic Rate” is equal to 1/365th of the APR. This APR will 
be applied to fees assessed to your Credit Account as well as 
to Purchases and Cash Advances. 
(c) Average  Daily  Balance:  We figure the interest charge 
on your Account by applying the periodic rate to the “average 
daily  balance”  of  your  Account.  To  get  the  “average  daily 
balance” we take the beginning balance of your Account each 
day,  add  any  new  purchases,  cash  advances,  and/or  fees, 
and subtract any unpaid interest or other finance charges and 
any  payments  or  credits.  This  gives  us  the  daily  balance. 
Then, we add up all the daily balances for the billing cycle and 
divide the total by the number of days in the billing cycle.  This 
gives us the “average daily balance.” 
(d) Minimum Interest Charge:  We will charge a minimum 
INTEREST CHARGE of $0.50 for each billing period in which 
an 
INTEREST 
CHARGE  will  be  added  to  your  purchase  balance  and/or 
Cash Advance balance. 

INTEREST  CHARGE 

is  payable.  The 

8. ANNUAL PERCENTAGE RATE. 
The  Annual  Percentage  Rate  (“APR”)  applicable  to  the 
Account is a variable rate. The same APR will be applied to 
purchase  and    cash    advance    transactions    on    this 
Account. This rate may increase or decrease over time, as 
described below. 
(a) Definitions 

(i) Index: The APR applicable to the Account will vary in 
response  to  changes  in  the  prime  rate,  as  published 
periodically  by  the  Wall  Street  Journal  in  its  “Money 
Rates”  section  (“Prime  Rate”).  The  “Index”  for  the 
Account for a given date will be the highest Prime Rate 

Page 2 of 7 

 
Cardholder Account Agreement: Part 2 of 2 

published on that date. If the Prime Rate is not published 
on  a  date,  the  “Index”  for  that  date  will  be  the  highest 
Prime  Rate  published  on  the  most  recent  prior  day  for 
which a Prime Rate was published. 
(ii) Margin: The “Margin” for the Account will be 25.65%. 
(iii) Formula Rate: The “Formula Rate” for a given date 
will be the rate equal to the Index for that date plus the 
Margin. 
(iv)  Business  Day:  All  days  Monday  through  Friday, 
excluding U.S. Federal holidays, are “Business Days.” 
(v)  Adjustment  Determination  Date:  For  any  given 
month, the  “Adjustment Determination Date” will be the 
27th day of the month. If the 27th day of a month is not a 
Business Day, then the “Adjustment Determination Date” 
for that month will be the first Business Day after the 27th 
day of the month. 

the 

first  page  of 

(b) Determination of Your APR 
The  APR  applicable  to  your  Account  will  initially  be  the 
this  
Formula  Rate  disclosed  on 
Agreement. Your first  APR adjustment will not occur within 
the first month you open your Account. After that, your APR 
may  vary  as  frequently  as  monthly.  Starting  with  the  first 
Adjustment Determination Date after you open your Account, 
and  each  month  thereafter,  the  Formula  Rate  will  be 
determined on the Adjustment Determination Date. That rate 
will be your new APR. Your new APR will take effect on the 
first day of the next billing cycle that begins on or after the 
Adjustment Determination Date. 
(c) Limitations to APR Changes 
Your  APR  will  vary  freely  with  changes  in  the  Index.  No 
maximum  rate  (i.e.  interest  rate  cap)  will  apply  to  your 
Account, except as required by Applicable Law. 
(d) Effects of APR Changes 
Changes in the APR applicable to your Account may affect 
the interest you are required to pay and the amount of the 
Minimum Payment required on your Account. Specifically, if 
your  APR  goes  up,  you  might  pay  more  interest  and  your 
Minimum Payment might also go up. 

9. DEFAULT. At our option, without notice, to the extent not 
prohibited  by  applicable  law,  the  Account  balance  will 
become immediately due and payable, without notice, in the 
event that (a) you become bankrupt or insolvent, or (b) you 
fail to make payments due on the Account, incur charges that 
are  more  than  the  maximum  authorized  credit  limit  or 
otherwise  breach 
this  Agreement,  or  (c)  we  receive 
information that causes us to believe that you are unwilling or 
unable to perform under this Agreement, or (d) attachment or 
garnishment  proceedings  are  instituted  against  you.  Our 
failure to assert any of these rights shall not waive such rights. 

10. CREDIT INVESTIGATION. You authorize us at any time 
to make credit investigations that we deem are necessary, in 
our sole discretion, and you agree to provide us with financial 
statements or information in as much detail as we require. 

11. CREDIT REPORTING. We may share information about 
your  Account  with  consumer  reporting  agencies/credit 
bureaus. Late or missed payments or other defaults on your 
Account may be reflected in your credit report 

12. CANCELLATION. 
(a) If you have not activated your Card and not made a 

payment within the first sixty (60) days after your Account has 
been opened, you are electing and instructing us to cancel 
your Account. 
(b) If you activate your Card, do not complete a transaction 
(purchase  or  cash  advance)  and  do  not  make  a  payment 
during the first sixty (60) days after your Account has been 
opened,  you  are  electing  and  instructing  us  to  cancel  your 
Account. 
(c)  You  may  also  cancel  your  Account  by  notifying  us  in 
writing. 
If you cancel your Account under 12(a) or 12(b) above, then 
you owe nothing. If you cancel your Account after making a 
payment  or  completing  a 
transaction,  you  shall  be 
responsible to pay all amounts due prior to such cancellation, 
including all amounts that have not yet been posted to your 
Account. 

13. CHANGES TO THIS AGREEMENT. We may amend or 
modify  this  Agreement  at  any  time,  effective  forty-five  (45) 
days after we notify you in writing. Any changes, including, 
without  limitation,  changes  in  the  ANNUAL  PERCENTAGE 
RATE and the Periodic Rate, shall be effective on all future 
Purchases and Cash Advances. If required by applicable law, 
the notice will advise you of any right you may have, and any 
steps you must take, to reject the changes. If you properly 
notify  us  that  you  reject  the  changes,  your  Account  will  be 
closed  and  you  will  be  obligated  to  pay  your  outstanding 
balance under the terms of the  Agreement in effect on the 
date  you  received  the  notice  of  changes.  If  you  do  not 
properly  notify  us  that  you  reject  the  changes  by  the  date 
stated in the notice, you will be deemed to have accepted all 
changes in the notice and to have accepted and confirmed all 
terms  of  your  Agreement.  We  may,  in  our  sole  discretion, 
waive any Membership Fee, Late Payment Fee, or any other 
provision(s) of the  Account terms and conditions; however, 
we have no obligation to do so, and any such waiver shall be 
limited to the particular instance or transaction involved and 
shall not constitute a waiver or authorize the non-observance 
of the same or any other provision of this Agreement on any 
other or future occasion. 

14. CHOICE OF LAW. Except to the extent superseded by 
Federal Law, and except for the Arbitration Provision set forth 
under  the  heading “Cardholder Disputes,”  which  Arbitration 
Provision is subject to the Federal Arbitration Act, 9 U.S.C. 
§§  1,  et  seq.,  and  not  state  law,  this  Agreement  shall  be 
subject to and interpreted under the laws of the state of Ohio. 
For purposes of 12 U.S.C. § 1831d, we are located in Ohio 
with respect to this Account. 

15.  AUTHORIZED  USERS.  At  your  request  and  for  the 
disclosed fee, we may issue cards to Authorized Users. They 
do not have accounts with us but they can use your Account 
subject  to  the  terms  of  this  Agreement.  We  may  report  an 
Authorized  User’s  use  of  your  Account  to  credit  reporting 
agencies. You are responsible for all use of your Account by 
Authorized Users and anyone they allow to use your Account. 
You must pay for all charges they make.  You are responsible 
for the use of your Account by an Authorized User and must 
pay for all charges that an Authorized User makes even if the 
Authorized User fails to follow your instructions or otherwise 
uses the Account in a manner not authorized by you. 

Page 3 of 7 

M-123261 

 
 
Cardholder Account Agreement: Part 2 of 2 

You authorize us to give Authorized Users information about 
your Account and to discuss it with them. If you want to cancel 
an Authorized User’s right to use your Account (and cancel 
their card) you must tell us. 

to  pay  all 
16.  COLLECTIONS  COSTS.  You  agree 
reasonable costs, including attorneys’ fees, that we incur to 
collect  amounts  you  owe  to  the  extent  not  prohibited  by 
applicable law. 

17.  SERVICING  AND  COLLECTIONS  CONTACTS.  If  we 
need  to  contact  you  to  service  your  Account  or  to  collect 
amounts you owe, you authorize us (and our affiliates, agents 
and contractors) to contact you at any number you provide, 
from which you call us, or at which we believe we can reach 
you.  We  may  contact  you  in  any  way,  such  as  calling  or 
texting.  We  may  contact  you  using  an  automated  dialer  or 
prerecorded  messages.  We  may  contact  you  on  a  mobile, 
wireless or similar device, even if you are charged for it. We 
may monitor and record any calls between you and us. 

18.  ASSIGNMENT.  We  may  sell,  transfer  or  assign  this 
Agreement  and  your  Account.  We  may  do  so  at  any  time 
without  notifying  you.  You  may  not  sell,  assign  or  transfer 
this 
your  Account  or  any  of  your  obligations  under 
Agreement. 

19.  A MASTERCARD-branded Card  may not be used for 
any illegal transaction. 

20.  DELAY  IN  ENFORCEMENT.  We  can  delay  or  waive 
enforcing  any  of  our  rights  under  this  Agreement  or  under 
applicable law without losing any of those rights or any other 
rights.  Even  if  we  do  not  enforce  our  rights  or  remedies  at 
any one time, we may enforce them at a later time. 

21. YOUR BILLING RIGHTS. 
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 to us at: 

Customer Service 
PO Box 9203 
Old Bethpage, NY 11804-9203 

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. 
2.  Within  90  days  of  receiving  your  letter,  we  must  either 
correct the error or explain to you why we believe the bill is 
correct. 

While we investigate whether or not there has been an error: 
• We cannot try to collect the amount in question, or report 
you as delinquent on that amount. 
• The charge in question may remain on your statement, and 
we may continue to charge you interest on that amount. 
• While you do not have to pay the amount in question,  you 
are responsible for the remainder of your balance. 
• 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 
those 
organizations  know  when  the  matter  has  been  settled 
between us. 

let 

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. 

In your letter, give us the following information: 
• Account information: Your name and last four (4) digits of 
the 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. 

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. 

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 

To use this right, all of the following must be true: 
1. 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.) 

Page 4 of 7 

 
 
 
 
 
 
 
 
 
 
 
Cardholder Account Agreement: Part 2 of 2 

2. 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. 
3. 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: 
Customer Service 
PO Box 9203 
Old Bethpage, NY 11804-9203 

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. 

22.  Calls,  Call  Monitoring/Recording  and  Email.  When 
you give a telephone number directly to us or our agents, or 
place a telephone call to us or our agents, you authorize us 
or  our  agents  to  place  calls  to  you  at  that  number.  You 
understand that a “telephone number” includes a cell phone 
number or VoIP and “calls” include both telephone calls and 
text messages to or from your phone, cell phone or VoIP. As 
examples,  we  may  place  calls  to  you  about  fraud  alerts, 
deposit holds, and collection of amounts due to us on your 
account (data charges may be incurred for the calls or text 
messages). When we or our agents make calls to  you, we 
may use automatic dialers and artificial, text or prerecorded 
messages.  You agree to notify us immediately of any change 
in  your  telephone  number(s).  You  authorize  us  and  our 
agents  to  monitor  and  record  telephone  conversations  and 
other electronic communications you have with us and with 
our  agents  for  reasonable  business  purposes,  such  as 
security and quality assurance. We may not remind you that 
we may be monitoring or recording a call at the beginning of 
the call unless required by law to do so. By providing your 
email  address,  you  also  consent  and  agree  to  receive 
electronic mail from us and our representatives.  You consent 
and agree in advance to these terms and conditions. 

23.  Text  or  Email  Services.  By  enrolling  in  mobile  text 
messaging  services  or  email  reminder  services  (“Text  or 
Email Services”) or otherwise using Text or Email Services, 
you  agree  to  the  following  terms  for  those  services.  Your 
enrollment  will  give  you  access  to  certain  Account-related 
information,  including  courtesy  payment-due  alerts.  These 
courtesy alerts are provided for your convenience only and 
may  be  modified  or  discontinued  at  any  time.  They  do  not 
change  your  payment  obligations,  and  you  are  responsible 
for  making  your  payment,  whether  or  not  you  receive  a 
payment-due  alert.  The  courtesy  alerts  or  other  notices 
received through Text or Email Services do not replace your 
billing statement, which is the official record of your Account. 
You understand and agree that Text or Email Services may 
not  be  encrypted  and  may  include  personal  or  confidential 
information  about  you  such  as  your  Account  activity  or  the 
status  of  your  Account.  We  will  not  be  liable  for  losses  or 
damages arising from any disclosure of Account information 
to  third  parties,  non-delivery,  delayed  delivery,  misdirected 
delivery,  or  mishandling  of,  or  inaccurate  content  in,  the 

messages sent through Text or  Email  Services.  You agree 
to indemnify, defend, and hold us harmless from and against 
any  and  all  claims,  losses,  liability,  cost,  and  expense 
(including  reasonable  attorneys’  fees)  arising  from  your 
provision of your phone number or other contact information 
that  is  not  your  own  or  your  own  in  violation  of  applicable 
federal, state, or local law, regulation, or ordinance. We do 
not  charge  a  fee  for  Text  or  email  Services,  but  you  are 
responsible for any and all charges, including but not limited 
to,  fees  associated  with  text  messaging  imposed  by  your 
communication services provider. Message and data rates 
may  apply.  Such  charges  include  those  from  your 
communication  services  provider. You may unsubscribe 
from Text or Email Services at any time. 
Cardholder Disputes 
Most  customer  concerns  can  be  resolved  by  calling  our 
Customer  Service  Department  at  the  number  listed  on  the 
back of your card. In the event Customer Service is unable to 
resolve a complaint to your satisfaction, this section explains 
how claims can be resolved through mediation, arbitration or 
litigation. It includes an arbitration provision (the “Arbitration 
Provision”). You  may  reject  the  Arbitration  Provision  by 
sending us written notice within 45 days after your first 
card  purchase.  See  Your  Right  to  Reject  Arbitration 
below.  For  this  section,  you,  we,  and  us  include  any 
corporate parents, subsidiaries, affiliates or related persons 
or entities. Claim means any current or future claim, dispute 
or controversy relating to or arising out of your  Account(s), 
this Agreement, or any agreement or relationship you have or 
had  with  us,  except  for  claims,  disputes,  or  controversies 
regarding 
the 
the  Arbitration 
Arbitration  Provision, 
Provision provides for classwide or representative arbitration, 
which  shall  be  resolved  by  a  court  and  not  an  arbitrator. 
Claim  includes  but  is  not  limited  to:  (1)  initial  claims, 
counterclaims, cross claims and third-party claims; (2) claims 
based upon contract, tort, fraud, statute, regulation, common 
law and equity; (3) claims by or against any third party using 
or providing any product, service or benefit in connection with 
any account; and (4) claims that arise from or relate to (a) any 
account  created  under  any  of  the  agreements,  or  any 
balances  on  any  such  account, 
(b)  advertisements, 
promotions or statements related to any accounts, goods or 
services financed under any accounts or terms of  financing, 
(c)  benefits  and  services  related  to  card  membership 
(including  fee-based  or  free  benefit  programs,  enrollment 
services and rewards programs) and (d) your application for 
any account. You may not sell, assign or transfer a Claim. 

the  validity,  enforceability  or  scope  of 
including  whether 

Sending a Claim Notice 
Before beginning a lawsuit, mediation or arbitration, you and 
we agree to send a written notice (a claim  notice) to each 
party against whom a Claim is asserted, in order to provide 
an  opportunity  to  resolve  the  Claim  informally  or  through 
mediation.  The  claim  notice  must  describe  the  Claim  and 
state  the  specific  relief  demanded.  Notice  to  you  may  be 
provided  by  your  billing  statement  or  sent  to  your  billing 
address. Notice to us must include your name, address and 
Account  number  and  be  sent  to  Republic  Bank  &  Trust 
Company, Attn: Legal Department, 601 West Market, 

Page 5 of 7 

 
 
 
Cardholder Account Agreement: Part 2 of 2 

Louisville, KY 40202. If the Claim proceeds to arbitration, the 
amount of any relief demanded in a claim notice will not be 
disclosed to the arbitrator until after the arbitrator rules. 

Mediation 
In  mediation,  a  neutral  mediator  helps  parties  resolve  a 
Claim.  The  mediator  does  not  decide  the  Claim  but  helps 
parties reach agreement. Before beginning mediation, you or 
we  must  first  send  a  claim  notice.  Within  30  days  after 
sending or receiving a claim notice, you or we may submit the 
Claim  to  JAMS  (1-800-352-5267,  jamsadr.com)  or  the 
American  Arbitration  Association  ("AAA")  (1-800-778-7879, 
adr.org) for mediation. We will pay the fees of the mediator. 
All  mediation-related  communications  are  confidential, 
inadmissible  in  court  and  not  subject  to  discovery.  Upon 
commencement  of  a  mediation,  all  applicable  statutes  of 
limitation  will  be  tolled  until  termination  of  the  mediation. 
Either you or we may terminate  the mediation at any time. 
The submission or failure to submit a Claim to mediation will 
not affect your or our right to elect arbitration. 

Arbitration Provision 
You  or  we  may  elect  to  resolve  any  Claim  by  individual 
arbitration.  Claims  are  decided  by  a  neutral  arbitrator.  If 
arbitration is chosen by any party, neither you nor we will 
have the right to litigate that Claim in court or have a jury 
trial on that Claim. Further, neither you nor we will have 
the right to participate in a representative capacity or as 
a member of any class pertaining to any Claim subject to 
arbitration. Arbitration procedures are generally simpler 
than the rules that apply in court, and discovery is more 
limited. The arbitrator's decisions are as enforceable as 
any court order and are subject to very limited review by 
a  court.  Except  as  set  forth  below,  the  arbitrator's 
decision will be final and binding. Other rights you or we 
would  have  in  court  may  also  not  be  available  in 
arbitration. 

Initiating Arbitration 
Before beginning arbitration, you or we must first send a claim 
notice. Claims will be referred to AAA. Claims will be resolved 
pursuant  to  this  Arbitration  Provision  and  the  selected 
organization's rules in effect when the claim is filed, except 
where those rules conflict with this Agreement. If any such 
conflict places the Agreement in contravention of the selected 
organization’s  consumer  minimum  standards  or  consumer 
due  process  protocol,  then  the  selected  organization’s 
minimum  standards  or  protocol  shall  apply  in  that  regard; 
provided, however, that nothing will require or allow either of 
us to arbitrate on a classwide or representative basis under 
any  circumstance,  or  on  a  consolidated  basis  except  as 
provided below. To the extent that the selected organization’s 
rules authorize an arbitrator to decide whether the Arbitration 
Provision provides for classwide or representative arbitration, 
you and we agree that such rule(s) will not apply and that a 
court will resolve that issue. If we choose the organization, 
you may select the other within 30 days after receiving notice 
of our selection. Contact JAMS or AAA to begin an arbitration 
or  for  other  information.  Claims  also  may  be  referred  to 
another arbitration organization if you and we agree in writing 

or to an arbitrator appointed pursuant to section 5 of the 
Federal Arbitration Act, 9 U.S.C. §§ 1-16 (FAA). We will not 
elect arbitration for any Claim you file in small claims court, 
so long as the Claim is individual, pending only in that court, 
and subject to the jurisdiction of that court. You or we may 
otherwise  elect  to  arbitrate  any Claim  at  any  time  unless  it 
has been filed in court and trial has begun or final judgment 
has been entered. Either you or we may delay enforcing or 
not exercise rights under this Arbitration Provision, including 
the  right  to  arbitrate  a  Claim,  without  waiving  the  right  to 
exercise or enforce those rights. 

Limitations on Arbitration 
If either party elects to resolve a Claim by arbitration, that 
Claim will be arbitrated on an individual basis. There will 
be no right or authority for any Claims to be arbitrated on 
a classwide basis or on bases involving claims brought 
in a purported representative capacity on behalf of the 
general  public,  other  cardholders  or  other  persons 
similarly  situated.  The  arbitrator's  authority  is  limited  to 
Claims between you and us alone. Claims may not be joined 
or  consolidated  unless  you  and  we  agree  in  writing.  An 
arbitration  award  and  any  judgment  confirming  it  will  apply 
only to the specific case and cannot be used in any other case 
except  to  enforce  the  award.  Notwithstanding  any  other 
provision  and  without  waiving  the  right  to  appeal  such 
decision, if any portion of these Limitations on Arbitration is 
deemed invalid or unenforceable, then the entire Arbitration 
Provision (other than this sentence) will not apply. 

to 

law,  statutes  of 

Arbitration Procedures 
This Agreement evidences a transaction involving interstate 
commerce,  and  this  Arbitration  Provision  is  accordingly 
governed by the FAA, not state law. The arbitrator will apply 
applicable  substantive 
limitations  and 
privileges.  The  arbitrator  will  not  apply  any  federal  or  state 
rules  of  civil  procedure  or  evidence  in  matters  relating  to 
the  Limitations  on 
evidence  or  discovery.  Subject 
Arbitration,  above,  the  arbitrator  may  otherwise  award  any 
relief available in court. The arbitration will be confidential, but 
you  may  notify  any  government  authority  of  your  Claim.  If 
your Claim is for $10,000 or less, you may choose whether 
the  arbitration  will  be  conducted  solely  on  the  basis  of 
documents, through a telephonic hearing, or by an in-person 
hearing.  If  an  in-person  hearing is  required  or  elected,  you 
may  choose  to  have  the  hearing  take  place  in  the  United 
States  judicial  district  of  your  residence.  At  any  party's 
request, the arbitrator will provide a brief written explanation 
of the arbitrator’s award. The arbitrator's award will be final 
and binding, except for any right to judicial review provided 
by the FAA; provided, however, any party will have 30 days 
to take an appeal from the award by notifying the arbitration 
organization  and  all  parties  in  writing,  in  which  case  the 
organization  will  appoint  a  three  arbitrator  panel  to  decide 
anew,  by  majority  vote  based  on  written  submissions,  any 
aspect of the decision from which the appeal is taken. Any 
such notice of appeal shall specifically identify which portions 
of the arbitration award the party taking the appeal seeks to 
have reviewed.   Subject to the right to appellate  arbitration, 

Page 6 of 7 

 
 
 
 
Cardholder Account Agreement: Part 2 of 2 

confirmation of and judgment upon any arbitrator’s award 
may be entered in any court having jurisdiction. 

Arbitration Fees and Costs 
You  will  be  responsible  for  paying  your  share  of  any 
arbitration  fees  (including  filing,  administrative,  hearing  or 
other fees), but only up to the amount of the filing fees you 
would have incurred if you had brought a claim in court. You 
will be responsible for such fees even if you file your Claim in 
court, and we elect to compel arbitration on the Claim. We will 
be  responsible  for  any  additional  arbitration  fees.  At  your 
written  request,  we  will  consider  in  good  faith  making  a 
temporary advance of your share of any arbitration fees, or 
paying for the reasonable fees of an expert appointed by the 
arbitrator for good cause. 

Additional Arbitration Awards 
If the arbitrator rules in your favor for an amount greater than 
any  final  offer  we  made  before  arbitration,  the  arbitrator's 
award will include: (1) any money to which you are entitled, 
but  in  no  case  less  than  $5,000;  and  (2)  any  reasonable 
attorneys' fees, costs and expert and other witness fees. 

Your Right to Reject Arbitration 
You may reject this Arbitration Provision by sending a written 
rejection notice to us at: Republic Bank & Trust Company, 
Attn:  Legal  Department,  601  West  Market,  Louisville,  KY 
40202. Your rejection notice must be mailed within 45 days 
after your first card purchase. Your rejection notice must state 
that  you  reject  the  Arbitration  Provision  and  include  your 
name, address, Account number and personal signature. No 
one else may sign the rejection notice. If your rejection notice 
complies with these requirements, this Arbitration Provision 
and  any  other  arbitration  provisions  in  the  cardholder 
agreements for any other currently open accounts you have 
will not apply to you, except for Corporate Card accounts and 
any claims subject to pending litigation or arbitration at the 
time  you  send  your  rejection  notice.  Rejection  of  this 
Arbitration  Provision  will  not  affect  your  other  rights  or 
responsibilities under this Cardholder Disputes section or the 
Agreement. Rejecting this Arbitration Provision will not affect 
your ability to use your card or any other benefit, product or 
service you may have with your Account. 

Continuation 
This  Cardholder  Disputes  section,  including  the  Arbitration 
Provision, will survive termination of your Account, voluntary 
payment  of  your  Account  balance,  any  legal  proceeding  to 
collect a debt, any bankruptcy and any sale of your Account 
(in the case of a sale, its terms will apply to the buyer of your 
Account). If any portion of this Cardholder Disputes section, 
except as otherwise provided in the Limitations on Arbitration 
subsection,  is  deemed  invalid  or  unenforceable,  it  shall  be 
severed and will not invalidate the remaining portions of this 
Cardholder Disputes section. 

State Disclosures 
If  you  reside  in  one  of  the  states  listed  below,  then  the 
additional terms below for that state apply. 

California 
California residents: As required by law, you are hereby 
notified that negative credit reporting may be submitted to a 
credit reporting agency if you fail to fulfill the terms of your 
credit obligations. 

Missouri 
You may prepay your Account, in whole or in part, at any 
time. If you prepay your Account in full, you may be entitled 
to a refund of certain interest under Mo. Rev. Stat. § 
408.170. 

Oral agreements or commitments to loan money, 
extend credit or to forbear from enforcing repayment of 
a debit including promises to extend or renew such 
debt are not enforceable. To protect you and us from 
misunderstanding or disappointment, any agreements 
we reach covering such matters are contained in this 
writing/Agreement, which is the complete and exclusive 
statement of the agreement between us, except as we 
may later agree to in writing to modify it. Mo. Rev. Stat. 
§ 432.045. 

New Hampshire 
Reasonable attorney’s fees will be awarded to you if you 
prevail in (a) any action, suit or proceeding brought by us, or 
(b) any action brought by you. If you successfully assert a 
partial defense or set-off, recoupment or counterclaim to an 
action brought by us, the court may withhold from us the 
entire amount or such portion of the attorney fees as the 
court considers equitable. 

New Jersey 
Because certain provisions of this Agreement are subject to 
applicable law, they may be void, unenforceable or 
inapplicable in some jurisdictions. None of these provisions, 
however, is void, unenforceable or inapplicable in New 
Jersey. 

Utah 
As required by Utah law, you are hereby notified that a 
negative credit report reflecting on your credit record may be 
submitted to a credit reporting agency if you fail to fulfill the 
terms of your credit obligations. 

Wisconsin 
If you are married, please contact us immediately upon 
receipt of this Agreement at 1-800-634-9558 and provide us 
with the name and address of your spouse. We are required 
to inform your spouse that we have opened a credit account 
for you. 

Page 7 of 7 

M-123261