H.  If the card is canceled or surrender is demanded by Issuer or if Cardholder 
defaults in any payment due, or is deceased, bankrupt or insolvent, or any 
attachment or garnishment proceedings are initiated against Cardholder of 
his property, Issuer may elect to declare all amounts then owed to Issuer to 
be immediately due and payable without notice or demand of any kind. If 
Cardholder  has  other  loans  from  Issuer,  or  takes  out  other  loans  with 
Issuer  in  the  future,  collateral  securing  those  loans  will  also  secure  the 
Cardholder’s obligations under this agreement. However, unless the Cardholder 
expressly agrees otherwise, the Cardholder’s  household goods  and  dwelling 
will not secure Cardholder’s obligations under this agreement Cardholder’s 
indebtedness  or  in  enforcing  this  agreement,  including  reasonable 
attorney’s fees and also those costs, expenses and attorney’s fees incurred in 
appellate, bankruptcy and post-judgment proceedings, except    to the extent 
such costs, fees or expenses are prohibited by law. 

I.  This agreement may be amended from time to time by Issuer, by written notice 

mailed to Cardholder at Cardholders last known address. 

J.  Except  to  the  extent  that  Federal  law  is  applicable,  the  validity, 
construction and enforcement of this agreement all matters arising  out of 
the issuance and use of the Card shall be governed by the laws of the state in 
which the principal office of Issuer is located. 

K.  Additional charges, plus applicable taxes, may also be assessed if you pay 
us with a check not honored by your financial institution, request a copy of 
a  document,  or  use  your  card  for  a  transaction  at  an  automated  teller 
machine, if such charges are not prohibited by law or regulation. No Interest 
Charge will be assessed on such additional charges. 

L.  If it is believed that the Card has been lost or stolen or used in an unauthorized 
manner, the Cardholder shall contact Issuer AT ONCE, in order to minimize 
possible  losses.  In  most  cases,  the  Cardholder  will  not  be  liable  for  any 
unauthorized transactions unless it is determined that the Cardholder was 
grossly negligent or fraudulent in the handling of the Card. Notification can 
be made orally or in writing at: 

Credit Card Security Department  
PO Box 183258 
Columbus, OH 43218-3258 

M. Cardholder  agrees  that  Issuer,  its  agents  or  service  companies  may 

monitor and/or record any telephone communications with Cardholder. 

N.  Payments must be made to the Issuer in U.S. dollars drawn on  a U.S. 
Financial Institution. If Cardholder incurs charges in any other currency, the 
charges will be converted into U.S. dollars. The exchange rate for transactions 
in a foreign currency will be a rate selected by Visa/MasterCard from the range 
of  rates  available  in  wholesale  currency  markets  for  the  applicable  central 
processing  date,  which  rate  may  vary  from  the  rate  Visa/MasterCard  itself 
receives, or the government mandated rate in effect for the applicable central 
processing date. All transactions in foreign countries will be subject to a 1% 
conversion or processing fee. 

O. Issuer shall have sole discretion in how payments are applied to cardholder’s 
account. Issuer may accept checks marked “Payment in Full” or with words 
of  similar  effect  without  losing  any  of  Issuer’s  rights  to  collect  the  full 
balance of Cardholder’s account. 

P.  Issuer can reinvestigate and reevaluate any information Cardholder provided 
on Cardholder’s credit application at any time, and in the course of doing 
so, Issuer may ask Cardholder for additional information, request credit bureau 
reports and/or otherwise verify Cardholder’s current credit standing. 

Q. Cardholder agrees that Issuer may re-release information to others, such 
as  credit  bureaus,  regarding  the  status  and  history  of  Cardholder’s  account. 
However, Issuer is not obligated to release any such information to anyone unless 
Issuer is required by law to do so. 

R.  Cardholder  agrees  that  Cardholder’s  account  shall  be  subject  to  all 
applicable rules and regulations of Visa/MasterCard, as applicable, as well as all 
applicable laws. If there is any conflict between the provisions of this Agreement 
and the rules and regulations of Visa/MasterCard, the rules and regulations of 

Visa/MasterCard shall control. Your Card may not be used for any illegal 
transaction(s). 

Badlands Visa & MasterCard 
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 183258 
Columbus, OH 43218-3258 

3068858-Updated 10/23/19 

In your letter, give us the following information: 

> 
> 
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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: 

o  Within 60 days after the error appeared on your statement. 
o  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. 

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: 

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> 

> 

> 

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: 

o 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. 
o 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. 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.) 

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 183258 
Columbus, OH 43218-3258 

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. 

DISCLOSURES REQUIRED BY FEDERAL LAW 

1. INTEREST CHARGES: 

A) Calculation Methods: 

a.  Cash Advance: A (see the calculation method descriptions below) 
b.  Credit Purchases: G (see the calculation method descriptions below) 

B) Periodic Rates used to compute INTEREST CHARGES: 

a.  Cash  Advance:  1.50%  per  month  –  Corresponding  ANNUAL 

PERCENTAGE RATE – 18.00%. 

b.  Credit Purchases: 1.24% per month – Corresponding ANNUAL 

PERCENTAGE RATE – 14.88%. 

c.  For Cash Advances obtained over the counter equal to or greater 
than  $1.00,  an  INTEREST  CHARGE  equal  to  the  greater  of 
$5.00  or  3%  of  the  cash  advance  will  be  imposed.  For  cash 
advances obtained at an Automatic Teller Machine (ATM) equal to or 
greater than $1.00 an INTEREST CHARGE equal to the greater of 
$5.00 or 3% of the cash advance will be imposed. A transaction fee 
may also be imposed by an ATM operator, not holding your account, 
or by any national, regional or local network used to complete a cash 
advance transaction. 

d.  Balance Transfers:  1.24% per month  – Corresponding ANNUAL 

PERCENTAGE RATE 14.88%. 

e.  Balance  Transfer  Fee:  Equal  to  the  greater  of  $5.00  or  3%  of 

each balance transfer will be imposed. 

2.    MINIMUM INTEREST CHARGE: If you are charged interest, the charge 

will be no less than $1.00. 

3.  OVER THE LIMIT CHARGES: No Over the Limit Charges apply to your account. 
4.  ANNUAL FEE: There is no annual fee for your account. 
5.  MINIMUM  PAYMENT:  The  minimum  payment  required  is  the  New  Balance 
shown on your statement if the amount is equal to or less than $25.00. If the 
New Balance exceeds $25.00, the minimum payment is 3.00% of that portion of 
the New Balance which does not exceed your credit limit (rounded up to the 
nearest dollar), or $25.00, whichever is greater, plus the entire portion of 
the New Balance in excess of your credit limit, plus any amount past due. 

6.  LATE FEES: If the minimum required payment is not received within 10 days 
after the Closing Date subsequent to the payment Due Date, a late charge of 
$25  or  if  subsequent  late  payments  within  6  billing  cycles  $35  may  be 
imposed. 

7.  RETURNED  PAYMENT  FEES:  If  a  payment  you  make  on  your  account  is 
returned for any reason, a returned payment fee of $25.00 may be imposed. 
8.  The  only  INTEREST  CHARGES  assessed  on  your  account  other  than  those 
assessed  by  a  periodic  rate,  will  be  transaction  INTEREST  CHARGES  in 
connection  with  Cash  Advances,  or  International  Transaction  Fees  (i.e. 
cross-border  and/or  currency  conversion  fees)  of  up  to  1%  which  may 
qualify as an INTEREST CHARGE  (see item N. below), if part of your plan. 
Transaction INTEREST CHARGES for each Cash Advance will be imposed 
on the date the Cash Advance was posted to your account. No grace period 
applies on any transaction INTEREST CHARGE imposed for Cash Advances. 
9.  Documentary stamp taxes as may be required by law shall be imposed 

on each Cash Advance at the time the loan is made. 

10. If the Cardholder  is eligible and elects  to participate  in  the group  credit 
life,  disability  and  loss  of  income  insurance  program  by  signing  the 
appropriate  enrollment  forms,  insurance  charges  will  be  posted  to  the 
Cardholder’s  account  each  statement  period  at  the  rate  disclosed  in  the 
separate disclosures enclosed based upon the New Balance on the account 
(including accrued Interest Charges) for each statement period. CREDIT LIFE, 
DISABILITY AND LOSS OF INCOME INSURANCE IS VOLUNTARY AND IS NOT 
REQUIRED  AS  A  CONDITION  TO  CARDHOLDER’S  PARTICIPATION  IN  THIS 
CREDIT PLAN. 

11. If you have other loans or credit extensions from First International Bank & Trust 
(FIBT), or take out other loans or credit extensions with FIBT in the future, 
collateral  securing  those  loans  or  credit  extensions  will  also  secure  your 
obligations  under  this  agreement.  However,  unless  you  expressly  agree 
otherwise, your household goods and dwelling will not secure your obligations 
under this agreement even if FIBT has, or later acquires a security interest in 
the household goods or a mortgage on the dwelling. If you have executed a 
written  agreement  granting  a  security  interest  in  any  deposit  accounts 
(checking  or  savings  accounts)  or  other  funds  held  by  FIBT  to  secure  your 
obligations  under  this  credit  card  plan,  such  accounts  and/or  funds  are 
additional security for your obligations to FIBT arising from the use of your 
Card. 

PERIODIC INTEREST CHARGE CALCULATION METHODS 
The  period  Interest  Charge  Calculation  Method  applicable  to  your  account  for 
Cash  Advances  and  Credit  Purchases  of  goods  and  services  that  you  obtain 
through the use of your Card is specified in Number 1 above and explained below: 

METHOD A:  Average Daily Balance (including current transactions). The Interest 
Charge  on  purchases  begins  from  the  date  the  transaction  is  posted  to  your 
account  and  the  Interest  Charge  on  cash  advances  begins  from  the  date  you 
obtained the cash advance, or the first day of the billing cycle in which it is posted 
to  your  account,  whichever  is  later.  There  is  no  grace  period.  The  Interest 
Charges for a billing cycle are computed by applying the monthly 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 or cash 
advances,  and  subtract  any  payments,  credits,  non-accruing  fees,  and  unpaid 
interest  charges.  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. 

METHOD  G:  Average  Daily  Balance  (including  current  transactions).  To 
avoid  incurring  an  additional  Interest  Charge  on  the  balance  of  purchases  (and 
cash  advances,  if  Method  G  is  specified  as  applicable  to  cash  advances) 
reflected  on  your  monthly  statement  and,  on  any  new  purchases  (and  if 
applicable, cash advances) appearing on your next monthly statement, you must 
pay the New Balance, shown on your monthly statement, on or before the Payment 
Due Date. The grace period for the New Balance of purchases extends to the 

Payment  Due  Date.  The  Interest  Charges  for  a  billing  cycle  are  computed  by 
applying the monthly Periodic Rate to the “average daily balance” of purchases (and 
if applicable, cash advances). To get the average daily balance, we take the beginning 
balance of your account each day, add any new purchases or cash advances, and 
subtract any payments, credits, non-accruing fees, and unpaid interest charges. 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. 

ACCOUNT AGREEMENT 

The person (“Cardholder”) whose name is embossed on the face of the (“Card”) 
enclosed  herewith,  and  each  Cardholder,  in  the  event  more  than  one  Card  is 
enclosed herewith bearing the same account number, by signing or using said Card, 
receipt  of  which  is  acknowledged,  agrees  with  the  Issuer  of  the  Card  –  First 
International Bank & Trust – as follows: 

A.  Goods  and  services  (“Credit  Purchases”)  may  be  purchased  or  leased by 
means  of  such  card  by  Cardholder  from  any  retail  Business  establishment 
(“Seller”) who honors same upon the execution of a sales slip evidencing 
such  Credit  Purchases  and  bearing  the  account  number  of  Cardholder 
embossed on the face of  such Card.  Additionally, Cash Advances  (“Loans”) 
may  be  obtained  through  use  of  such  Card  upon  execution  of  a  written 
request  of  Cardholder  in  a  form  furnished  to  Cardholder  from  any  financial 
institution  that  is  a  member,  alone  or  in  association  with  others,  of 
Visa/MasterCard. 

B.  Cardholder shall be liable and agrees to pay Issuer for Credit Purchases 
made by, or for Loans extended to, Cardholder or anyone else using such 
Card unless the use of such Card is by a person other than the Cardholder 
(a)  who  does  not  have  actual,  implied  or apparent authority for  such use, 
and (b) from which Cardholder receives no benefit. Additionally, Cardholder 
shall be jointly and severally liable and agrees to pay for all Credit Purchases 
and Loans obtained through the use of any other Card bearing Cardholder’s 
account number that has been issued to another person by reason of such 
person  being  a  member  of  Cardholder’s  family,  or  otherwise  issued  upon 
Cardholder’s  request  (all  such  Cards  bearing  the  account  number  hereinafter 
collectively called “Related Cards”). 

C.  Each Card is the property of Issuer, is not transferable and must be surrendered 
upon  demand.  It  can  be  canceled  as  well  as  repossessed  by  Issuer  or  its 
designee,  and  the  privileges  thereof  revoked,  at  any  time  without  prior 
notice. 

D.  Cardholder shall not use the Card or permit the use of Related Cards to obtain 
Credit  Purchases  or  Loans,  which  will  increase  cardholder’s  indebtedness  to 
Issuer to an amount in excess of the limit established by Issuer. 

E.  All Credit Purchases and Loans are affected at the option of the Seller  and 
Cash  Advancing  Financial  Institution  respectively,  and  Issuer  shall  not  be 
responsible for refusal by any Seller or Cash Advancing Financial Institution to 
honor  the  Card  or  any  Related  Card.  Any  refund,  adjustment  or  credit 
allowed  by  Seller  shall  not  be  by  cash  but  rather  by  a  credit  advice  to 
Issuer  which  shall  be  shown  as  a  credit  on  Cardholder’s  account 
statement with Issuer. 

F.  Issuer will send to Cardholder, at monthly intervals determined by Issuer, a 
statement reflecting for the prior monthly period all Card and Related Card 
transactions.  Such  statement  shall  be  deemed  correct  and  accepted  by 
Cardholder and all holders of Related Cards  unless  Issuer  is  notified  to  the 
contrary in writing within 60 days of mailing of such statement. Cardholder will 
pay  such  statement by  remitting to Issuer  within 25 days of  the  closing date 
reflected on the statement either the full amount billed or, at Cardholder’s option, 
an installment equal to at least the required minimum payment stated in Section 
5. 

G. Interest on Loans and Credit Purchases will be charged in accordance  with  the 
interest  charge  calculation  method  referred  to  in  Section  1.  The  rate  of 
interest  shall  be  established  by  Issuer  from  time  to  time,  but  shall  never 
exceed  the maximum  rate  permitted by  law.  The  current  interest  rate per 
annum is the Annual Percentage Rate set forth in Section 1.