CREDIT CARD AGREEMENT & DISCLOSURE STATEMENT 

G-12149 

This Agreement applies to the VISA and/or  MasterCard credit Card and Credit Devices issued to 
you  by  TIB-The  Independent  BankersBank,  Oklahoma  Branch,  although  the  name  on  your  Card 
may  be  that  of  a  different  financial  institution.  Any  Card  or  Credit  Device  issued  to  you  by  us 
remains  our  property  and  must  be  returned  to  us  or  to  anyone  we  designate,  upon  request. 
Retaining, signing or using, or permitting others to use, the Card or Credit Device shall constitute 
the equivalent of signing this Agreement and such retaining, signing or using means you agree to 
be bound by the terms of this Agreement. The Application you submitted for the Account is hereby 
incorporated into and  made a  part of this  Agreement. This  Agreement begins on the earlier of (i) 
the date you sign or otherwise submit an Application that is approved by us or (ii) the first date you 
or someone authorized by you uses the Account in a transaction that we approve (in NY, the first 
date  you  or  someone  authorized  by  you  signs  a  sales  slip  or  memorandum  or  the  first  date  that 
another document is issued to you or  someone authorized by you as  evidence of a transaction on 
the Account that we approve). 

Definitions.  In addition to other terms that may be defined in this Agreement, the following terms 
when used in this Agreement have the following definitions: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

"Account"  means  the  open-end  revolving  credit  account  established  pursuant  to  your 
Application  and  this  Agreement  to  which  charges  are  posted  based  on  use  of  a  Card, 
information  from  a  Card,  Credit  Device,  or  any  other  device  or  procedure  by  which  the 
Account may be accessed in the future. 

"Agreement"  means  this  Credit  Card  Agreement  plus  the  Disclosure  Statement,  which  is 
contained  in  the  same  envelope  as,  and  folded  together  with,  this  Credit  Card  Agreement 
and which provides information on the periodic rate, the Annual Percentage Rate (APR), the 
Interest  Charge  and  balance  on  which  it  is  determined,  any  Other  Charges,  cash  advance 
fees, balance transfer fees, and any grace period applicable to the Account. The Disclosure 
Statement  is  incorporated  herein  by  reference  as  if  repeated  verbatim  herein.  If  any 
provision of this Credit Card Agreement is inconsistent with any provision of the Disclosure 
Statement, the provision of the Disclosure Statement controls. 

"Application"  means  the  application  for  credit  you  completed  and  returned  to  the 
Sponsoring Bank to request that we extend credit to you under the Account. 

"Authorized  User"  means  any  person  you  permit  to  use  the  Account  or  who  has  apparent 
authority to use the Account. 

"Card"  means  the  VISA  and/or  MasterCard  credit  card(s)  issued  to  you  by  us,  and  any 
future credit card(s) issued to you in connection with the Account.  If you applied for more 
than one type of Card, this Agreement is a separate Agreement for each Card. 

“Cash Advance” means the amount requested by you and advanced to you by any method 
approved by us according to the terms  of this  Agreement in cash or cash equivalent items 
(including, but not limited to,  money orders, travelers checks, lottery tickets, casino chips, 
vouchers redeemable for cash, or racetrack wagers). 

"Credit  Device"  means  any  device  such  as  a  blank  check,  payee-designated  check, 
"convenience"  or  "special"  check,  blank  draft  or  other  order,  or  any  other  device  or  item 
which may, at our discretion and pursuant to procedures we may adopt from time to time, be 
issued by us to you to access the Account. 

"Credit Limit" means the total dollar amount of the Account which we approved and which 
you may borrow against according to the terms of this Agreement. 

 “Other  Charges”  means  the  charges  listed  in  the  section  of  this  Agreement  with  such 
caption. 

"We,"  "us,"  and  "our"  mean  TIB-The  Independent  BankersBank,  Oklahoma  Branch,  7136 
S.  Yale, Suite 300, Tulsa, Oklahoma 74136. 

"You"  and  "your"  refer  to  each  person  who  signed  an  application  for  the  Account,  each 
person who signs or uses the Card or a Credit Device, and any Authorized User. 

Fixed Annual Percentage Rate. The periodic rate that will be used to compute Interest Charge is 
a monthly rate which when multiplied by 12, equals the APR on the account.  The maximum APR 
allowed is 21% with a Periodic rate of 1.75%. The APR stated in the Initial Disclosure Statement is 
the rate that applies to this agreement and, if less than the maximum allowable, this agreement is 
amended to provide for an APR as stated in the Initial Disclosure Statement.   

Purchases and Cash Advances.  You request and authorize us to extend credit to you under the 
Account as follows: (1) goods and services may be purchased or leased by uses of  the Card from 
any seller or vender who honors the Card (“Purchases”); (2) “Cash Advances” may be obtained (a) 
when  you  complete  a  written  request  on  a  form  furnished  to  you  by  us  or  any  other  financial 
institution we approve; (b) using the Card at any automatic teller machine which accepts the Card, 
or (c) using a Credit Device to pay for Purchases or, when allowed, to receive cash.  We are not 
responsible for any person or entity refusing to accept the Card or any Credit Device for Purchases 
or Cash Advances. 

Promise to Pay.  You promise to pay us for all Purchases made by you and for all Cash Advances 
and Balance Transfers received by you except as limited in this Agreement regarding your liability 
for unauthorized use of a Card or Credit Device.  You shall be jointly and severally liable for all 
amounts  due  from  you  under  this  Agreement  for  Purchases,  Cash  Advances,  Balance  Transfers, 
Interest Charges, and Other Charges. 

Special Checks.   If  Special Checks are issued from  time to time for  use with your  Account, you 
may  obtain  what  is  deemed  to  be  a  Cash  Advance  under  the  Account  by  writing  a  check.  Each 
Special Check must be in a form we have issued to you and must be imprinted with your name and 
the Account number. Special Checks may be used only by a person whose name is printed on the 
Check and must be completed and signed in the same way as a regular personal check. You agree 
not to use your Special Checks to purchase or carry securities or to pay amounts you owe us under 
this Agreement. We are not obligated to pay a Special Check (a) if your resulting Account balance 
would  exceed  the  Credit  Limit,  (b)  if  the  Check  is  dated  more  than  6  months  before  it  was 
presented to us for payment, (c) if a Special Check or Card has been reported lost or stolen, (d) if 
you are in default under this Agreement or a loan agreement with another lender, (e) if you or we 
have terminated your ability to receive further credit under this Agreement, (f) if you are insolvent, 

or (g) if your Card has expired. The amount of each Special Check paid by us, even if we are not 
obligated  to  pay  it,  will be  a  Cash  Advance.  Checks  paid  by  us  will not  be  returned  to  you  with 
your  monthly  billing  statement,  but  information  about  them  will  appear  on  such  statement.  You 
agree  you  will  promptly  review  your  monthly  billing  statement  to  discover  any  unauthorized  or 
altered Special Checks.  You cannot put a stop-payment order on a Special Check. 

Refunds  and  Adjustments.    Any  refund,  adjustment,  or  credit  allowed  by  any  seller  or  other 
person  or  entity  shall  not  be  by  cash  but  rather  by  a  credit  to  the  Account  appearing  on  your 
monthly billing statement. 

Monthly Billing Statements.  Each month we will send you a monthly billing statement reflecting 
all Purchases, Cash Advances, Balance Transfers, Interest Charges and Other Charges pursuant to 
this  Agreement  for  the  prior  monthly  period.    Such  statements  shall  be  deemed  correct  and 
accepted by you unless you notify us to the contrary in writing within 60 days of our mailing such 
statement to you. 

Payments  on  the  Account.    Your  payment  under  the  Account  must  be  made  on  or  before  the 
"Payment Due Date" reflected on your monthly billing statement.  Your payment must be either the 
full  amount  billed  or,  at  your  option,  an  installment  equal  to  at  least  the  required  "Minimum 
Payment  Due"  stated  on  the  billing  statement.    The  minimum  payment  will  equal  the  "New 
Balance"  shown  on  your  statement  if  that  amount  is  less  than  $25.    If  the  New  Balance  exceeds 
$25, the minimum payment will equal the greater of 3% of the New Balance or $25, plus the entire 
portion of the New Balance in excess of your Credit Limit, plus any amount past due. 

Payments must be made in U.S. dollars drawn on a U.S. Bank.  Transactions in foreign currencies 
will  be  converted  to  U.S.  dollars  at  the  exchange  rate  used  at  the  time  of  the  conversion.    The 
conversion may occur after the transaction date and the conversion rate may differ from the rate of 
exchange in effect at the time of the transaction.  You agree to pay the converted amount to us in 
U.S. dollars, plus any charge for the conversion or processing that may be imposed. 

All payments on the account must be made at the address shown on your monthly billing statement 
and are considered to have been made on the date received at that address.  If payment is made at 
any location other than the designated address, credit for such payment may be delayed for up to 5 
days.  As allowed by law, we may accept payments marked "payment in full" (or words of similar 
intent) without losing any of our rights to collect the full balance due under the Account and this 
Agreement.  We will apply your payments to the unpaid balance of the Account in the order and 
manner we decide, in our sole discretion. 

Payment  Holidays.    At  our  option  we  may  permit  you  from  time  to  time  to  skip  making  the 
Minimum Payment Due for a specified billing cycle (referred to as a "payment holiday").  Even if 
you  accept  such  a  payment  holiday,  we  will  continue  to  assess  Interest  Charges  on  the  unpaid 
balance of the Account as disclosed in the Insert.  Any payment holiday we permit will not affect 
the terms of this Agreement.  The terms of this Agreement remain in force regardless of whether 
you accept a payment holiday. 

Credit Limit.  You agree not to use or permit others to use the Card, information from the Card, or 
Credit Device if such use would cause the balance of the Account to exceed the Credit Limit we set 
from time to time.  The initial Credit Limit for the Account is shown on the material accompanying 
the Card before the Account is used and will also be disclosed on each monthly billing statement 
for the Account.  We may, at our option, extend credit under the Account, which exceed the Credit 
Limit.  If we do so, you agree to immediately pay the excess.  We are not obligated to allow any 
Purchase or Cash Advance which will exceed your Credit Limit and if we do, we are not obligated 
to allow any Purchase or Cash Advance which will exceed your Credit Limit and if we do, we are 
not obligated to do so at a later time.  You agree we may change your Credit Limit or cancel the 
Account if you exceed the Credit Limit. 

Transactions  Made  in Foreign Currencies.    If  a  transaction  is  made  in  a  foreign  currency,  we 
and MasterCard International or VISA International, depending on which card is used, will convert 
the transaction into a U.S. dollar amount.   MasterCard and VISA will act in accordance with their 
operating  regulations  or  conversion  procedures  in  effect  at  the  time  the  transaction  is  processed. 
Currently,  their  regulations  and  procedures  provide  that  the  currency  conversion  rate  they  use,  to 
determine  the  transaction  amount  in  U.S.  dollar,  is  either  (a)  a  wholesale  market  rate,  or  (b)  a 
government-mandated  rate  in  effect  one  day  prior  to  the  processing  date.  MasterCard  and  VISA 
increase  this  conversion  rate  by  one  percent  (1%)  and  keep  this  increase  as  compensation  for 
performing  the  currency  conversion  service.    We  will  charge  you  one  percent  (1%)  of  the  U.S. 
dollar amount of the transaction converted from a foreign currency. The currency conversion rate 
calculated in this manner that is in effect on the processing date may differ from the rate in effect 
on the transaction date or posting date.  

Other Charges.  You agree we may access, in addition to the Interest Charge, the Other Charges 
below which will be earned when accessed and are not subject to refund or rebate.  The following 
fees  may  be  added,  as  applicable,  to  the  Account  and  treated  as  a  Purchase  as  indicated  on  the 
Insert. 

1. 

2. 

3. 

4. 

Annual  Fee.  A  non-refundable  annual  membership  fee  may  be  charged  To  the  Account 
during the month following issuance or re-issuance of the Card and will be posted annually 
on the anniversary date of the opening of the  Account.  The annual membership fee is not 
refundable even if the Account is closed for any reason by either you or us, and the fee is a 
condition  of  maintaining  the  Account  whether  or  not  you  use  the  account  by  making 
Purchases or receiving Cash Advances. 

Late Fee.  If the minimum required payment is not received by the Payment Due Date for 
that billing cycle, we may assess a late charge on the Account.  The late charge will be 5% 
of the past-due amount or $12, whichever is greater (maximum fee of $25). 

Returned  Payment  Fee.  We  will charge  $10  for  each  return  by  a  bank  or  other  depository 
institution  of  a  dishonored  check,  negotiable  order  of  withdrawal  or  share  draft  issued  by 
you to us in connection with the Account.  This fee will be in addition to all other Interest 
Charges and Other Charges we may collect from you and is not subject to refund or rebate. 

International  Transactions  Fee.    One  percent  (1%)  of  the  U.S.  dollar  amount  of  the 
transaction converted from a foreign currency. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Insurance.  If you requested credit life, accident and health insurance in the Application, you agree 
that the premium rate for such insurance (the “Premium Rate”) will be the amount disclosed in the 
Application,  and  the  Premium  Rate  disclosed  and  your  authorization  for  such  insurance  in  the 
Application  are  made  a  part  of  this  agreement  by  reference.    The  total  insurance  cost  will  be 
calculated each month by multiplying the Premium Rate by the New Balance on the Account.  The 
total  insurance  cost  will  be  added  to  the  outstanding  balance  of  the  Account  and  treated  as  a 
Purchase. 

Termination;  Default.    We  may  reduce  the  Credit  Limit  or  terminate  your  ability  to  receive 
further credit under this Agreement at any time without notice.  You may terminate your ability to 
receive further credit under this Agreement by giving us notice of termination and returning to us 
all Cards and Credit Devices.  Termination by you will be effective on the date we receive written 
notice from you along with the Cards and Credit Devices (unless they are lost or stolen, in which 
case you agree to sign an affidavit to that effect and stating that no credit received after the date of 
loss or theft was authorized by you). 

You will be in default under this Agreement if any of the following events occur:  (1) you fail to 
make the required payment when due; (2) you fail to perform or abide by any of your agreements 
or obligations under this Agreement or any other loan agreement you have with us; (3) you become 
insolvent (meaning your liabilities exceed your assets or you are unable to pay your debts as they 
become due); (4) any action is taken by or against you under any bankruptcy or insolvency laws; 
(5) any attachment or garnishment proceedings are initiated against you; (6) you die or are declared 
incompetent; (7) we, in good faith, believe the prospect of your payment or performance under this 
Agreement is impaired; or (8) you fail or refuse to provide current financial information to us when 
we request it. 

On any termination or default, regardless of any unused credit you may have under the Account, all 
amounts  you  owe  under  the  Account  and  this  Agreement  will  become  immediately  due  and 
payable  in  full.    You  must  also  return  to  us  all  Cards  and  Credit  Devices  issued  to  you  in 
connection with the Account.  Termination or default shall not release you from any obligation you 
have incurred under this Agreement.  After termination or default, your obligations and our rights 
under this Agreement shall remain effective until the entire outstanding balance of the Account is 
paid in full. 

Attorneys Fees and  Costs.  To the extent permitted by law, you agree to  pay our attorneys fees 
and  other  costs  we  incur  if  you  are  in  default  and  we  hire  an  attorney  who  is  not  our  salaried 
employee to collect amounts you owe under the Account and this Agreement.  Amounts you owe 
for attorneys' fees will be added to the outstanding balance of the Account as a Purchase whether or 
not your right to receive credit has terminated or you are in default. 

Amendment to this Agreement.  This Agreement, and the terms of the Account, may be amended 
by us if we send you written notice of the amendment prior to its effective date as required by law.  
As  of  the  amendment's  effective  date,  the  change  in  terms  will  apply  to  the  entire  outstanding 
balance  of  the  Account  as  well  as  Purchases  made  and  Cash  Advances  and  Balance  Transfers 
received  after  the  effective  date  of  the  amendment.    If  you  do  not  agree  to  the  amendment,  your 
only option is termination under this Agreement. 

Governing Law; Severability.  You agree that your obligations under this Agreement represented 
by charges to the Account are contracted for and become binding when the sales drafts, credit card 
slips, or other Credit Devices are accepted by us and we cause the holders of the same to be paid.  
You  agree  that  these  events  occur  in  Oklahoma  and  that  Oklahoma  law  will  govern  the 
interpretation  and  operation  of  this  Agreement  as  well  as  any  controversy  arising  out  of  this 
Agreement.  If any provision of this Agreement conflicts with the law, you agree the provision will 
be  viewed  as  if  it  was  amended  to  comply  with  the  law.    If  that  is  not  possible,  then  only  the 
provision that conflicts with the law will be deleted.  The remaining provisions of this Agreement 
will remain effective. 

Credit Reports.  You agree that we may obtain consumer credit reports from one or more credit 
reporting agencies or others in connection with opening or maintaining the Account, increasing the 
Credit Limit under the Account, or making any extension of credit to you under the Account.  We 
may  also  ask  you  for  additional  information  in  connection  with  the  Account  and  request  credit 
reports to verify your current credit standing.  You agree that we may release information to others, 
such as credit reporting agencies, regarding the status and history of the Account.  However, we are 
not obligated to release any such information unless required by law. 

Change  in  Marital  Status.    A  change  in  marital  status  between  any  of  you  will  not  affect  the 
individual  liability  of  any  of  you  under  this  Agreement.    Your  liability  for  debt  incurred  after  a 
change in status does not end until all Cards and Credit Devices are returned to us, even if you give 
us notice of the change in status and notice that further use by any person is unauthorized. 

Notices.   Notices  given under this Agreement or relating to the  Account  will be effective only if 
given in writing to us at Card Service Center, P.O Box 569120, Dallas, Texas 75356-9120, and to 
you at your last address shown on our records.  You agree to notify us immediately if your address 
changes  from  that  shown  on  the  application  you  submitted  in  connection  with  opening  the 
Account. 

Liability for Unauthorized Use.   If any Card is lost or stolen or otherwise may be used  without 
your  permission  (express  or  implied),  you  must immediately  notify  us  orally  or  in  writing  at  the 
following phone number or address:  1-800-367-7576 or at Card Service Center, P.O Box 569120, 
Dallas, Texas 75356-9120.  If unauthorized use of a Card occurs before you notify us of the loss, 
theft or unauthorized use, you may be liable up to a maximum amount of $50.  If unauthorized use 
of a Credit Device occurs, you may be liable for all of the unauthorized use. 

State  Law  Disclosures.    CA  Residents:  Interest  is  compounded  on  unpaid  Interest  Charges  on 
Purchases,  Cash  Advances  and  Balance  Transfers.    MD  Residents:  You  have  the  right  under 
Section 12-510 of the Commercial Law Code to receive an answer to a written inquiry concerning 
the status of your Account. NJ Residents: Because certain provisions of this Agreement are subject 
to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None of 
these provisions, however, is void, unenforceable or inapplicable in New Jersey. 

YOUR BILLING RIGHTS - KEEP THIS NOTICE 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 BBCS, Attn:  Dispute Department, 
1550 North Brown Road, Suite 150, Lawrenceville, GA  30043 as soon as possible. 

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  and  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 you 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 the 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: 

1. 

2. 

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  BBCS,  Attn:    Dispute  Department,  1550  North  Brown  Road,  Suite  150, 
Lawrenceville, GA  30043. 

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. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
              
DISCLOSURE STATEMENT 

The Credit Card Agreement & Disclosure Statement constitutes the Agreement for the Account. 

Business Cards 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

APR for Cash Advances 

12.75% 

12.75% 

For Credit Card Tips 
from the Federal 
Reserve Board 

To learn more about factors to consider when applying for or 
using a credit card, visit the website of the Federal Reserve 
Board at http://www.federalreserve.gov/creditcard. 

Fees 

Annual Fee 

Transaction Fees: 

International 
Transaction 

Penalty Fees: 

Late Payment 

No Annual Fee with the exception of Flex Miles which is $79 
per account. 

1% of each transaction in U.S. dollars. 

Either  $12  or  5%  of  the  past-due  amount,  whichever  is 
greater (maximum fee of $25). 

Returned Payment 

$10 

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. 

The information about the cost of the Card described in this table is accurate as of August 1, 
2010.  This information may change after that date.  To find out what may have changed, 
call us at 800-367-7576 or write Card Service Center, P.O. Box 569120, Dallas, Texas 
75356-9120. 

250 – Sys 5025 8602- 15.C/250F (Rev. 08/10)