visa® classic
bankmiles
visa® classic
agreement and
disclosure

without notice or demand. If the prospect of payment or performance is 
significantly  impaired,  all  amounts  outstanding  will  also  be  in  default.  If 
you miss a payment or break one of your promises under this Agreement 
or make any false or misleading statements on your application, we can 
require  payment  of  the  entire  outstanding  balance.  Events  which  may 
indicate to us that the prospect of payment on this account is impaired 
are  events  such  as  your  mental  incompetency,  adjudication  of  insanity, 
bankruptcy filing, collection efforts against you by other creditors or your 
failure to pay us on other accounts you have with us. If these events, or 
others occur, and we should reasonably believe you are unable to pay us 
then the account will be placed in default.

OFFSET  PROVISIONS  UPON  TERMINATION  OF  YOUR  ACCOUNT.
If you continue to use your account after you have been notified of the 
termination of your account by us, you agree we have the right to take 
that amount used after termination from any accounts you may have with 
First Citizens.

ILLEGAL USE. Your account may not be used for any illegal purpose.

SECURITY INTEREST. If you have elected to purchase “Optional Credit 
Life Insurance,” you agree to give a Uniform Commercial Code security 
interest in the proceeds of the insurance to the Bank. If you have other 
loans from First Citizens, or you take out other loans with First Citizens 
in  the  future,  collateral  (except  for  deposit  funds)  securing  these  loans 
will  also  secure  your  obligation  under  this  Agreement,  excluding  loans 
secured by either your primary or secondary residence, nonpossessory 
non-purchase money security interests in household goods, margin stock, 
or as otherwise prohibited by law. Visa accounts are otherwise unsecured 
unless  you  have  signed  a  separate  security  Agreement  which  will  give 
us a Uniform Commercial Code security interest in the personal property 
described in that Agreement.

BUSINESS USE OF CARDS. If we issue ten (10) or more cards for use 
by employees of a single business or other organization, the business or 
other organization will be liable for unauthorized use of any such cards.

FINANCIAL STATEMENTS. You understand that we may need updated 
financial information from you, at some time in the future. If we ask, you 
agree to give us a revised financial statement. If you do not provide us 
with an updated financial statement within ten (10) days of our request, 
then  you  agree  that  your  account  may  be  frozen  or  terminated,  at  our 
discretion.

ISSUANCE. The card(s) is our property. If we ask you to return the card(s) 
to us or our agent, you must do so. You also agree not to use the card(s) 
after it has expired or after we have asked you to return it. The card(s) will 
be issued by First Citizens Bank and Trust Company, Inc.

CHANGE  OF  TERMS.  We  may  change  the  terms  of  the  Agreement 
at  any  time  upon  giving  you  notice  of  the  change,  as  required  by  law.  
Certain  changes  in  terms,  such  as  certain  increases  in  your  ANNUAL 
PERCENTAGE RATE, will not apply to existing balances on your account.   

CANCELLATION. We have the right to cancel this Agreement at any time 
at our sole discretion as to future use of the account, subject to applicable 
law. Should we elect to do so, we may notify you by telephone and or by 
writing you at the address shown for your account with a reason for the 
termination. However, if a tax lien or judgment is filed against you or if you 
file for bankruptcy, we will terminate your account without notice to you. 

You may cancel your account by writing us at BankCard Division, P.O. 
Box 29, Columbia SC 29202. Of course, if your account is cancelled, you 
are  required  to  pay  everything  you  owe  us  including  any  amounts  that 
have  not  been  billed  to  you  at  the  time  of  cancellation.  You  must  also 
return all cards we have given you.

CHANGE OF ADDRESS. Should you move, you must give us your new 
address in writing. Please include the change of address when you make 
your payment.

RESPONSIBILITY. We are not responsible if anyone refuses to extend 
credit  to  you  on  the  card(s).  No  cash  refunds  will  be  made  to  you  or 
accepted by you for returned goods or adjustments for goods or services 
purchased by you. All adjustments will be made by a credit to your account 
after the Bank has received a properly prepared credit slip.

LOSS  OR  THEFT  OF  CARD.  Let  us  know  immediately.  Call  1-800-
241-0912  if  the  card(s)  has  been  lost  or  stolen.  You  agree  to  give  us 
your  complete  cooperation  in  our  attempts  to  recover  any  losses  from 
unauthorized Card or Check users and shall assist in the prosecution of 
such persons.

IMPORTANT 

NOTICE: 
INFORMATION  REGARDING  YOUR 
RIGHTS TO DISPUTE BILLING ERRORS IS COVERED IN “YOUR 
BILLING  RIGHTS”  FOLLOWING  THIS  AGREEMENT.  PLEASE 
READ  CAREFULLY  AND  KEEP  WITH  THIS  AGREEMENT  FOR 
YOUR RECORDS.

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:

First Citizens
Bankcard Division
P. O. Box 29
Columbia, SC 29202

In your letter, give us the following information:

•	 Account information: Your name and your account number.
•	 Dollar amount: The dollar amount of the suspected error.
•	 Description  of  problem:  If  you  think  there  is  an  error  on  your  bill, 
  describe what you believe is wrong and why you believe it is a mistake.

You must contact us:

•	 Within	60	days	after	the	error	appeared	on	your	statement.
•	 At	least	3	business	days	before	an	automated	payment	is	scheduled,	if	 
  you want to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing.	You	may	call	us	at	(803)	
733-2050,	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:

•	 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  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: 

First Citizens
Bankcard Division
P. O. Box 29
Columbia, SC 29202

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.

These  limitations  do  not  apply  if  we  own  or  operate  the  merchant,  or  if  we 
mailed you the advertisement for the property or services.

Form	506	(Rev.	06/10)

CLASSIC 

F03-G909-8 -0610

	
	
	
	
	
 
 
	
 
	
 
	
 
 
	
	
 
	
 
 
 
 
 
 
 
 
VISA® CLASSIC 
BANKMILES VISA® CLASSIC 
AGREEMENT AND DISCLOSURE
Thank you for opening your First Citizens Classic account with us. This 
Visa®	Classic	BankMiles	/	Visa®	Classic	Agreement	and	Disclosure,	along	
with  Your  Account  Agreement  Summary,  is  the  agreement  that  covers 
your  account  (collectively,  the  “Agreement”).  Your  Account  Agreement 
Summary  that  you  received  with  your  card  is  part  of  and  incorporated 
into this Agreement.  By using or authorizing the use of your credit card or 
account, or using or authorizing the use of any future replacement cards, 
you  agree  that  you  (and  your  heirs,  successors,  representatives,  and 
beneficiaries, if any) are bound by this Agreement. If this is a joint account, 
both of you will be bound by this Agreement and each of you is liable for 
all amounts owed on your account.

The	words	YOU	and	YOUR	mean	anyone	who	signed	the	application	for	
a	credit	card,	thereby	agreeing	to	be	bound	by	this	Agreement.	WE,	OUR,	
US and BANK mean the First Citizens Bank and Trust Company, Inc.

CREDIT LIMIT. You will be sent a separate notice telling you the amount 
of  your  credit  limit.  You  agree  to  make  purchases  and  advances  up  to 
the credit limit only. If you do use your account for more than your credit 
limit, we are not required to allow the transaction.  However, we may, in 
our sole discretion, allow a transaction that exceeds your credit limit (an 
“over-limit transaction”).   We also may, but are not required to, ask you 
in advance if you want us to allow over-limit transactions.  If you agree to 
over-limit transactions and do not revoke your consent, we will charge you 
an over-limit fee for conducting the transaction.  If you have not agreed in 
advance to over-limit transactions, we still may conduct the transaction in 
our discretion, but will not charge you an over-limit fee for doing so.  From 
time to time, we may increase or decrease your credit limit. If you do not 
want the credit limit increase, you must notify us in writing.

PURCHASES.  You  can  use  your  card  to  buy  goods  and  services  any 
place Visa credit cards are honored. In most cases you will sign a sales 
slip. We shall have no liability or responsibility if any merchant refuses to 
honor a credit card. No cash refunds will be made to or accepted by you 
with  respect  to  any  adjustments  for  goods  or  services  purchased.  Any 
adjustment in connection therewith shall be accompanied only by credit to 
your account, authorized by a properly executed credit slip. If you incur a 
charge in currency other than U.S. dollars, Visa International will convert 
the  charge  into  a  U.S.  dollar  amount  under  the  currency  conversion 
procedures	set	forth	in	their	Operating	Regulations	in	effect	at	the	time	
the transaction is processed. The non-U.S. dollar transaction amount is 
converted into a U.S. dollar amount by multiplying the transaction amount 
in  the  non-U.S.  dollar  currency  by  a  currency  conversion  or  exchange 
rate. Visa’s exchange rate is either (i) the government-mandated rate in 
effect  for  the  applicable  central  processing  date,  or  (ii)  a  rate  selected 
by Visa from the range of rates available in wholesale currency markets 
for the applicable central processing date, which rate may vary from the 
rate Visa itself receives. In each case, Visa charges us a percentage of 
the transaction amount (currently 1%). We will charge Visa cardholders a 
multicurrency conversion fee of 1% of the transaction amount, which you 
agree  to  pay  and  which  will  be  charged  to  your  account.  The  currency 
conversion rate in effect on the processing date may differ from the rate in 
effect on the transaction date or on the posting date.  

CASH  ADVANCES.  You  may  also  obtain  cash  advances  against  your 
account at First Citizens or other banks displaying Visa signs, using either 
your  credit  card  or  a  Visa  Convenience  check.  If  we  issue  you  a  card 
that may be used at an automated teller machine (ATM) to obtain a cash 
advance, we will provide you a Personal Identification Number (PIN) to 
access participating ATM networks..

CONVENIENCE CHECKING. Advances may also be obtained by means 
of checks you may draw against your account if such checks have been 
issued  to  you  by  us  (Convenience  Checks).  Each  Convenience  Check 
you use will be posted as a cash advance against your account from the 
date the check is posted to your account.  Only Convenience Checks we 
furnish to you and which have been imprinted with your account number 
may be used, and only those cardholders whose names are imprinted on 
the  Convenience  Checks  may  sign  the  checks.  You  agree  that  we  are 
under no obligation to pay or certify any Convenience Check drawn on your 
credit card account. We will not be responsible or liable for dishonoring or 
returning a Convenience Check unpaid if (a) payment of the Convenience 
Check causes your available line of credit to be exceeded; (b) if you have 
defaulted under the terms of this Agreement; (c) if your card has expired 
or the privilege of using the card has been terminated; or (d) if your card 
has been lost or stolen. If we in our discretion pay any Convenience Check 
which  could  have  been  properly  dishonored  or  returned  unpaid  for  any 
reason, you agree nevertheless to pay the amount of the Convenience 
Check. If we honor a Convenience Check when you have exceeded your 
credit limit or that causes you to exceed your credit limit, we may charge 
you	an	over-limit	fee	as	allowed	in	the	“CREDIT	LIMIT”	paragraph	above.		
Payment  of  a  Convenience  Check  shall  not  constitute  the  waiver  of 
amounts due and unpaid at that time. You waive any right to stop payment 
of a Convenience Check. First Citizens BankCard Convenience Checks 
may not be used for payment of your First Citizens BankCard accounts.

PROMISE TO PAY. When you use your account or permit someone to 
use it for a purchase or advance, you agree to pay the total amount of all 
purchases or advances, plus interest charges, applicable transaction fees, 
other applicable fees, and collection costs or other amounts due until all 
amounts owed have been paid in full.  

OTHERS USING YOUR ACCOUNT. You agree to pay for all purchases 
and  advances  made  by  anyone  you  authorize  to  use  your  account.  If 
someone else is authorized to use your account and you want to end that 
person’s  privileges,  you  must  let  us  know  in  writing.  If  that  person  has  a 
card, you must return the card with your written notice. We reserve the right 
to close the present account and to evaluate all parties for new accounts.

STATEMENTS. Each month that you have a balance we will send you 
a statement. Your statement will show your new balance, the minimum 
amount  you  must  pay,  information  on  the  effect  of  making  only  the 
minimum  required  payments,  the  latest  date  by  which  we  must  receive 
the payment, and certain other information. You agree to examine each 
statement  promptly  after  you  receive  it  and  notify  the  Bank  in  writing 
within	sixty	(60)	days	of	any	apparent	mistakes.	If	you	do	not	report	any	
mistakes	to	us	within	sixty	(60)	days	following	the	date	of	the	statement,	
the statement will be considered correct.

MINIMUM  PAYMENTS.  You  can  pay  your  new  balance  in  full  each 
month,  or  you  may  pay  minimum  monthly  payments.    If  you  decide  to 
make  minimum  payments,  you  must  make  a  minimum  payment  of  at 
least	3%	of	the	new	balance	(rounded	to	the	nearest	dollar)	or	$10.00,	
whichever is the greater amount. If the new balance is less than $10.00, 
you must pay that full amount.

PREPAID  PAYMENTS.  You  can  also  make  a  monthly  payment  that  is 
greater than your minimum payment. If your monthly payment exceeds 
your minimum payment, the excess amount will be applied to the minimum 
payment(s) for up to the next two (2) months as long as the amount you 
paid	 is	 equal	 to	 or	 more	 than	 the	 minimum	 payment	 due	 for	 that/those	
statement(s).  If  your  monthly  payment  exceeds  the  minimum  payment 
and  is  enough  to  pay  the  minimum  payment  for  the  following  month  or 
two months, we will show your next monthly minimum payment on your 
statement	as	“PREPAID”	for	a	period	of	up	to	two	(2)	consecutive	months.	

For  example,  if  your  minimum  monthly  payment  is  $20.00,  and  you 
pay  $100.00,  then  the  next  monthly  statement  will  show  your  minimum 
payment	as	“PREPAID”	and	you	will	not	have	to	make	a	payment	for	that	
month, although you may make a payment if you wish. The next monthly 
statement	will	also	show	your	minimum	payment	as	‘PREPAID”	and	you	
will not have to make a monthly payment although you may if you wish. 
We will allow you to “prepay” your payments only for two (2) consecutive 
months,	 after	 which	 time	 your	 minimum	 payment	 will	 again	 be	 3%	 of	
the  new  balance,  rounded  to  the  nearest  dollar.  Prepayments  will  not 
be considered sufficient if less than the minimum payment due. Interest 
charges will continue to accrue at the normal rate, regardless of whether 
a monthly minimum payment is prepaid by you. Your monthly statement 
will show the amount of your minimum payment or, where applicable, that 
it	is	“PREPAID.”	If	your	account	is	over	limit	or	past	due,	this	service	is	
not applicable.

LATE PAYMENT FEE. If a payment is not made in full within 10 days after 
its	due	date,	you	agree	to	pay	a	late	payment	fee	of	the	greater	of	$6.80	
or	5%	of	the	unpaid	amount	of	your	payment,	not	to	exceed	$17.00.	The	
amount of this late payment fee may increase pursuant to South Carolina 
Code	Section	37-1-109.

OVER CREDIT LIMIT FEE. If you have authorized us to honor transactions 
that exceed your credit limit or that are made when your account balance 
is already higher than your credit limit plus the lesser of 10% of the credit 
limit or $100.00 (an “over-limit transaction”), we may charge you an over 
limit fee of $10.00 for conducting that over-limit transaction. If you have not 
authorized over-limit transactions or have revoked a prior authorization, 
we still in our discretion may honor a transaction that you make that would 
be an over-limit transaction, but we will not charge you these over limit 
fees when allowing the transaction.

OTHER  FEES  AND  CHARGES  ON  YOUR  ACCOUNT.  Copies  of 
statements	may	be	requested	at	a	fee	of	$5.00	per	statement.	Copies	of	
sales	drafts	may	also	be	requested	at	a	minimum	charge	of	$3.00	and	the	
maximum charge up to the actual cost of retrieval.

TRAVEL INSURANCE. You will be automatically covered for $100,000 
travel insurance anytime you use your Classic account to purchase travel 
tickets.  This  common  carrier  travel  insurance  is  furnished  at  no  cost  to 
you, the cardholder.

GRACE PERIOD; PAYING INTEREST. Your due date for payments is at 
least	25	days	after	the	close	of	each	billing	cycle.		This	means	that	we	will	
not charge you interest on purchases if you pay your entire balance by the 
due date each month.

INTEREST  CHARGES  AND  ANNUAL  PERCENTAGE  RATE.  We  will 
charge you an interest charge on every purchase or cash advance you 
make beginning on the date you make the purchase or cash advance, or 
from the first day of your billing cycle, whichever date is later. We use the 
average daily balance method (including current transactions) to figure the 
interest on your account:

1.   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 or advances, and subtract 
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.”

2.	 We	multiply	your	average	daily	balance	by	the	Monthly	Periodic	Rate	
listed below. The sum of this calculation is the total interest charge for 
the month.

Card Type 
Visa Classic 

BankMiles Visa 
Classic 

Monthly 
Periodic Rate 
*See Below 

*See Below 

ANNUAL
PERCENTAGE RATE
Prime + 4.90%

Prime + 7%

*Visa  Classic  and  BankMiles  Visa  Classic:  The  ANNUAL 
PERCENTAGE  RATE	 will	 vary	 and	 is	 based	 on	 the	 Prime	 Rate	 or	
average  prime  rate  (if  more  than  one)  as  quoted  under  the  “Money 
Rates”	 section	 in	 The  Wall  Street  Journal  on  the  1st  day  of  each 
month or the first business banking day following the 1st day of that 
month plus four and nine-tenths percent (4.90%) for Visa Classic and 
seven  percent  (7.00%)  for  BankMiles  Visa  Classic.  The  ANNUAL 
PERCENTAGE  RATE	 and	 Monthly	 Periodic	 Rate	 is	 the	 same	 for	
purchases, cash advances, and transfers.

The	Monthly	Periodic	Rate	and	ANNUAL PERCENTAGE RATE are 
based	on	the	Prime	Rate	and	are	subject	to	increase	(or	decrease)	
if	 the	 Prime	 Rate	 increases	 (or	 decreases)	 and	 may	 change	 every	
month effective on the first day of the next billing cycle. 

To	 figure	 the	 Monthly	 Periodic	 Rate,	 take	 the	 Prime	 Rate	 in	 effect,	
add 4.90% for Visa Classic, and 7.00% for BankMiles Visa Classic, 
and divide by 12. To show how this formula works, on June 1, 2010, 
The  Wall  Street  Journal	 Prime	 Rate	 was	 3.25%.	 You	 add	 4.90%	
for  Visa  Classic  and  arrive  at  the  ANNUAL  PERCENTAGE  RATE 
of	 8.15%.	 To	 figure	 the	 Monthly	 Periodic	 Rate,	 divide	 the	 8.15%	
ANNUAL  PERCENTAGE  RATE  by  12  and  your  Monthly  Periodic 
Rate	is	0.68%.	For	BankMiles	VISA	Classic,	add	7.00%	and	arrive	at	
the ANNUAL PERCENTAGE RATE	of	10.25%.	To	figure	the	Monthly	
Periodic	Rate,	divide	the	10.25%	ANNUAL PERCENTAGE RATE by 
12	and	your	Monthly	Periodic	Rate	is	0.85%.	The	rates	in	this	example	
are estimates.

An	increase	in	the	Prime	Rate	will	cause	the	ANNUAL PERCENTAGE 
RATE  to  increase  and  will  result  in  an  increase  in  the  amount  of 
minimum  monthly  payment  and  cause  a  smaller  amount  of  the 
minimum  monthly  payment  to  be  applied  to  principal  and  therefore 
increase the number of payments required to pay the principal balance 
in full.

3.	 If	 the	 amount	 of	 your	 monthly	 payment	 does	 not	 cover	 all	 accrued	
unpaid interest charges, the unpaid interest charges will become part 
of the unpaid balance on your next bill.

4.  No interest charges are imposed on goods and services purchased if 
the total New Balance as shown on your monthly periodic statement is 
paid by the due date.

ANNUAL  FEE.  A  non-refundable  annual  fee  will  be  charged  to  your 
account per year as follows:

  Visa Classic. $0 per year.

  Bankmiles Visa Classic.	$0	in	first	year.	Thereafter	$45	per	year.

COLLECTION COSTS. You agree to pay all court costs and collection 
costs,	 including	 reasonable	 attorney’s	 fees	 not	 to	 exceed	 15%	 of	 the	
unpaid balance of your account if we are forced to take collection action.

DEFAULT PROVISIONS - ENTIRE BALANCE DUE. If a payment is not 
made within  ten (10) days of its due date, we may give you notice of your 
Right	to	Cure	the	default	within	twenty	(20)	days	after	the	notice	is	sent.	If	
you fail to cure the default or if you cure the default after the notice is sent 
but later default within twelve (12) months on a future payment, we may 
terminate the Agreement and declare the entire balance due and payable