Deserve®	Classic	Cardholder	Agreement	

January	2019	

Deserve®	Classic	Cardholder	Agreement	for	Cards	issued	by	Celtic	Bank									

Deserve®	has	partnered	with	Celtic	Bank,	a	Utah-Chartered	Industrial	Bank,	Member	FDIC	

(together	“us,”	“we,”	“our,”	or	the	like),	to	offer	this	credit	card	product,	specifically	

designed	as	a	starter	product	for	individuals	who	are	new	to	credit	(the	“Card”).	This	

Cardholder	Agreement	details	the	terms	by	which	your	Deserve®	Card	will	be	offered	and	

administered.	Please	review	this	in	detail	to	be	sure	you	understand	all	of	the	terms	and	

conditions	with	using	this	Card.	

There	are	three	main	parts	to	this	Cardholder	Agreement:	Pricing	Information,	Customer	

Agreement,	and	Your	Billing	Rights.	The	Pricing	Information	shows	the	primary	pricing	

terms	for	this	Card	for	new	accounts	available	under	this	Agreement.	The	Customer	

Agreement	contains	important	information	related	to	how	we	will	administer	the	credit	

card	program.	Plus,	any	other	disclosures	or	notices	that	are	referenced	or	issued	are	part	

of	this	Agreement.	Your	Billing	Rights	summarizes	certain	rights	provided	to	you	by	law	

that	are	related	to	billing	on	your	Account.	

PRICING	INFORMATION	

Annual	Percentage	

Rate	(APR)	for	

Purchases	

APR	for	Balance	

Transfers	

APR	for	Cash	

Advances	

25.24%	

This	APR	will	vary	with	the	market	based	on	the	Prime	Rate.		

N/A	(Balance	Transfers	are	not	available)	

N/A	(Cash	Advances	are	not	available)	

	
	
	
					
	
	
How	to	Avoid	

Paying	Interest	

Minimum	Interest	

Charge	

Your	due	date	is	at	least	23	days	after	the	close	of	each	billing	cycle.	

We	will	not	charge	you	any	interest	on	purchases	if	you	pay	your	

entire	balance	by	the	due	date	each	month.	

If	you	are	charged	interest,	the	charge	will	be	no	less	than	$1.00.	

For	Credit	Card	Tips	

To	learn	more	about	factors	to	consider	when	applying	for	or	

from	the	Consumer	

using	a	credit	card,	visit	the	website	of	the	Consumer	Financial	

Financial	Protection	

Protection	Bureau	

Bureau		

at	http://www.consumerfinance.gov/learnmore	

Fees	

Transaction	Fees	

•  Balance	Transfer	

•  N/A	(Balance	Transfers	are	not	available)	

•  Cash	Advance	

•  N/A	(Cash	Advances	are	not	available)	

•  Foreign	Transactions	

•  None	

Penalty	Fees	

•  Late	Payment	

•  Up	to	$25	

•  Over-the-Credit	Limit	

•  None	

•  Returned	Payment	

•  Up	to	$37	

How	We	Will	Calculate	Your	Balance:	We	use	the	average	daily	balance	method	

(including	new	transactions).	See	Customer	Agreement	for	details.	

Billing	Rights:	Information	on	your	rights	to	dispute	transactions	and	how	to	exercise	

those	rights	are	included	at	the	end	of	the	Customer	Agreement.	

	
	
		
		
		
	
	
	
	
	
	
CUSTOMER	AGREEMENT	

Welcome	to	the	Deserve®	Classic	Card	by	Celtic	Bank!	

Thank	you	for	opening	a	credit	Card	Account	with	us.	This	Customer	Agreement	

(“Agreement”)	contains	the	terms	for	your	Card.	

Some	Definitions.	

The	meanings	of	the	terms	you	see	in	italics	appear	in	the	Glossary	Section.	We	also	have	

links	to	certain	terms	and	definitions.			

To	make	the	Agreement	easy	to	understand,	we	will	also	use	the	following	personal	

pronouns	“You,”	“your,”	and	“yourself”	mean	each	applicant	for	the	Account;	any	person	

responsible	for	paying	the	Account;	and	anyone	You	authorize	to	use,	access	or	service	the	

Account.			

“We,”	“us,”	“our,”	“Celtic	Bank”	means	Celtic	Bank,	a	Utah-Chartered	Industrial	Bank,	

Member	FDIC;	and	its	agents,	authorized	representatives,	successors,	and	assignees.	

Things	You	Should	Know	About	This	Card	

How	are	the	Balance	and	Interest	Charges	calculated?	

We	use	the	Average	Daily	Balance	Method	(Including	Current	Transactions).	

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/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.”	

How	is	your	Variable	APR	Calculated?	

•  Your	variable	Annual	Percentage	Rate	(APR)	is	calculated	by	adding	a	margin	

(currently	19.74%)	to	the	Prime	Rate.	

	
	
	
	
	
	
	
	
•  We	use	the	Prime	Rate	from	the	rates	section	of	the	Wall	Street	Journal,	published	

two	business	days	before	the	end	of	the	Billing	Cycle.	

Your	Daily	Periodic	Rate	is	1/365th	of	the	corresponding	APR.		

If	the	Wall	Street	Journal	does	not	publish	a	rate	on	that	day,	we	will	use	the	Prime	Rate	for	

the	previous	business	day.	If	the	Wall	Street	Journal	is	no	longer	published,	we	may	use	the	

Prime	Rate	from	any	other	newspaper.	Or,	we	may	choose	to	use	a	different,	similar	

published	rate.	

If	the	Prime	Rate	increases,	Variable	APRs	will	increase.	In	that	case,	you	may	pay	more	

interest	and	may	have	a	higher	payment	or	balance	due.	When	the	Prime	Rate	changes,	the	

resulting	changes	to	Variable	APRs	take	effect	as	of	the	first	day	of	the	next	Billing	Cycle.	

How	can	I	avoid	paying	Interest	Charges?	

If	you	pay	your	statement’s	“New	Balance”	in	full	by	the	due	date,	we	will	not	charge	

interest	on	any	new	transactions	that	post	to	the	Purchase	balance.	If	you	have	been	paying	

your	account	in	full	with	no	interest	charges,	but	then	you	do	not	pay	your	next	“New	

Balance”	in	full,	we	will	charge	interest	on	the	portion	of	the	balance	that	you	did	not	pay.	

How	is	the	Interest	Charge	applied?	

Interest	charges	accrue	from	the	1)	date	of	the	transaction,	2)	date	the	transaction	is	

processed,	or	3)	first	calendar	day	of	the	billing	period.	Interest	charges	accrue	on	every	

unpaid	amount	until	it	is	paid	in	full.	This	means	you	may	owe	interest	charges	even	if	you	

pay	the	entire	“New	Balance”	one	month,	but	did	not	do	so	for	the	previous	month.	Unpaid	

interest	charges	are	added	to	the	proper	segment	of	your	account.	However,	we	reserve	the	

right	to	not	assess	interest	charges	at	any	time.	

Can	You	Change	My	Account	Terms?	

Although	we	don’t	plan	to,	we	can	change	some	terms	of	your	account	as	permitted	by	law.	

If	we	do	change	any	of	the	terms	in	this	Cardholder	Agreement,	we	will	send	you	notice	

before	doing	so.	Please	review	this	Cardholder	Agreement	in	full	to	be	sure	you	understand	

the	current	terms	for	your	Card.	

	
	
	
	
	
Your	APR,	daily	periodic	rate,	and	interest	charges	will	change	if	the	Prime	Rate	

changes.	

Account	Documents.	

Your	Account	with	us	is	governed	by	the	following	documents:	

• 

this	document;	

•  all	Statements;	

•  any	Privacy	Notices	describing	our	limitations	on	sharing	information	about	you	

with	others;	

•  any	Card	benefits	brochure	which	describes	benefits	provided	by	the	Payment	Card	

Network	for	your	Card	and	Account.	The	most	current	version	of	your	Card	benefits	

brochure	will	replace	all	prior	versions;	

•  all	disclosures	and	materials	provided	to	you	before	or	when	you	opened	your	

Account,	including	Truth	in	Lending	Disclosures;	

•  all	other	documents	and	disclosures	relating	to	your	Account	including	those	

provided	online;	and	

•  any	future	changes	we	make	to	any	of	the	above	documents.	

Please	read	these	carefully	and	keep	them	for	future	reference.	An	image	of	any	of	these	

can	be	used	instead	of	the	original.	

New	Offers.	

In	the	future,	we	may	make	new	offers	to	you	or	forward	offers	from	others	that	we	think	

you	might	be	interested	in.	These	offers	may	have	different	terms	and	documentation	

which	will	be	provided	when	we	make	you	the	offer.	If	you	accept	the	offer,	all	previously	

disclosed	terms	will	still	apply	except	as	modified	by	the	offer.	

For	more	information	about	what	we	may	share	and	how	to	opt	out,	please	review	the	

Privacy	Notice.		You	can	see	how	we	collect,	use	and	store	your	data	in	our	Privacy	Policy.			

Consent	to	Electronic	Documents.	

We	are	committed	to	offering	services	to	You	in	a	convenient,	controlled,	and	secure	

manner.	Therefore,	the	online	Card	application	and	approval	process	has	been	designed	

	
	
	
	
	
around	the	expectation	that	all	documents	and	information	required	to	be	provided	to	You	

will	be	provided	electronically.	We	may	still	deliver	paper	documents	and	if	we	do	so,	we	

are	not	waiving	any	of	these	rights.	By	proceeding	with	the	online	application	or	activating	

your	Card,	you	agree	to	the	terms	detailed	in	our	Electronic	Consent	Policy,	found	at		

www.deserve.com/electronic-consent-policy,	as	amended	from	time	to	time.	Please	review	

this	Policy	to	ensure	you	understand	and	agree	with	all	of	the	terms;	while	we	have	

summarized	our	terms	and	conditions	here,	the	Electronic	Consent	Policy	details	all	of	Your	

and	Our	rights	and	obligations.	

If	at	any	time	after	you	submit	the	application	you	change	your	mind	and	wish	to	no	longer	

receive	documents	and	information	electronically,	please	notify	us	as	detailed	in	the	

Electronic	Consent	Policy.	Understand	that	this	may	result	in	an	adverse	decision	on	your	

Application.	

Account	Information.	

We	need	information	about	you	to	manage	your	Account.	The	information	we	need	may	

include:	

•  your	legal	name;	

•  a	valid	U.S.	mailing	address	and	residential	address	(if	different);	

•  your	date	of	birth;	

•  your	Social	Security	Number,	Passport	Number,	and/or	other	government	

identification	number,	if	available;	

•  your	telephone	number(s);	

•  your	employment,	income,	and	asset	information;	

•  your	educational	history	and	information;	

•  your	citizenship	status	and	information;	and	

•  other	related	information	as	deemed	necessary.	

You	must	tell	us	when	this	information	changes.	Please	update	your	address	in	the	manner	

provided	on	your	Statement.	You	may	also	update	some	of	this	information	by	logging	onto	

your	Account	on	our	website	or	by	calling	one	of	our	representatives	at	the	telephone	

number	provided	on	your	Statement	or	on	the	back	of	your	Card.	We	may	require	you	to	

provide	additional	documents	that	are	acceptable	to	us	to	verify	this	information	or	any	

	
	
changes.	We	maintain	the	right	to	restrict	or	close	your	Account	if	your	information	cannot	

be	verified	or	if	you	do	not	provide	additional	information	as	requested.	

You	also	give	us	permission	to	verify	or	research,	with	a	third	party,	the	information	you	

provide	to	us.	This	permission	includes,	without	limitation,	verifying	or	researching	your	

information	with	LexisNexis	(or	similar),	United	States	Department	of	Homeland	Security,	

and	the	United	States	Department	of	the	Treasury.	

Credit	Limit.	

When	you	open	your	Account,	you	will	receive	your	credit	limit.	This	will	also	appear	on	

your	Statements.	We	might	also	refer	to	your	credit	limit	as	your	credit	line.	

You	are	responsible	for	keeping	track	of	your	Account	balances	and	your	available	credit	

limit.	Do	not	allow	your	Account	to	go	over	any	credit	limit,	as	the	transaction	could	be	

declined	or	your	credit	score	could	be	adversely	affected.	We	may	still	honor	transactions	

above	your	credit	limit,	but	our	honoring	of	these	transactions	will	not	increase	your	credit	

limit.	We	may	also	increase,	decrease,	restrict,	or	cancel	your	credit	limit	at	any	time.	This	

will	not	affect	your	obligation	to	pay	us.	

Using	Your	Account.	

You	promise	to	follow	the	terms	of	this	Agreement	as	long	as	your	Account	remains	open	

or	has	a	balance.	Please	sign	the	Card	immediately	when	you	receive	it.	The	Card	is	valid	

during	the	dates	provided	on	the	front.	The	Card	is	our	property,	and	you	will	return	it	to	

us	or	destroy	it	if	we	ask.	You	will	take	reasonable	steps	to	prevent	the	unauthorized	use	of	

your	Card	and	Account.	

We	are	not	responsible	if	anyone	refuses	to	accept	your	Card	for	any	reason.	Also,	we	may	

reject	any	transaction	for	any	reason.	Unless	we	tell	you	otherwise,	we	will	bill	each	

transaction	to	the	applicable	Segment	of	your	Account	and	apply	it	against	your	available	

credit	limit	for	the	Account	and	Card	for	that	Segment	in	each	Billing	Cycle.	

You	must	not	use	or	try	to	use	the	Card	for	any	Internet	gambling	transactions	or	

transactions	that	are	illegal	or	not	permitted	by	us.	You	will	still	be	responsible	for	such	

transactions	if	you	do.	In	addition,	these	transactions	will	be	subject	to	this	Agreement,	and	

you	might	have	to	reimburse	the	Payment	Card	Network	and	us	for	all	damages	and	

expenses.	

	
	
	
From	time	to	time,	due	to	circumstances	beyond	our	control	(such	as	system	failures,	fires,	

floods,	natural	disasters,	or	other	unpredictable	events)	our	services	might	be	unavailable.	

When	this	happens,	you	might	be	unable	to	use	your	Card	or	obtain	information	about	your	

Account.	We	will	not	be	responsible	or	liable	if	this	happens.	

Your	Promise	to	Pay.	

You	promise	to	pay	us	all	amounts	due	on	your	Account.	This	includes	amounts	where	you	

did	not	sign	a	purchase	slip	or	other	documents	for	the	transaction.		If	you	use	your	Card	

number	without	presenting	your	actual	Card	(including	without	limitation	mail,	telephone,	

or	internet	purchases),	this	will	be	treated	the	same	way	as	if	you	used	the	Card	in	person.	

If	you	let	someone	else	use	your	Card,	you	are	responsible	for	all	transactions	that	person	

makes.	Your	promise	to	pay	us	will	apply	to	your	estate	if	you	die.	

Statements.	

We	will	send	you	one	Statement	for	all	Cards	on	your	Account	unless	the	law	does	not	

require	or	permit	us	to	send	a	Statement.	Statements	will	be	sent	at	the	end	of	each	Billing	

Cycle	when	your	Account	has	a	debit	or	credit	balance	of	more	than	$1.00,	or	if	we	have	

charged	any	Interest	Charges	to	your	Account.	Your	Statement	will	show	all	transactions	

billed	to	your	Account	during	the	Billing	Cycle	along	with	other	important	Account	

information.	

Disputed	Transactions.	

You	must	inspect	each	Statement	you	receive	and	tell	us	about	any	errors	or	questions	you	

have	as	described	in	the	“Billing	Rights	Summary”	part	of	your	Statement	and	other	Truth	

in	Lending	Disclosures.	If	you	do	not	notify	us	as	provided	in	those	disclosures,	we	may	

assume	that	all	information	in	the	Statement	is	correct.	

If	you	dispute	a	transaction	made	by	you	or	someone	else	on	your	Account,	and	we	later	

credit	your	Account	for	all	or	part	of	the	disputed	amount,	you	give	us	all	of	your	rights	

against	that	other	person.	You	also	will:	

•  give	us	any	merchandise	or	other	purchases	you	received	in	connection	with	the	

disputed	amount	if	we	ask;	

•  not	pursue	any	claim	or	reimbursement	from	the	merchant	and	that	other	person;	

and	

	
	
•  help	us	pursue	and	get	reimbursement	from	the	merchant	and	that	other	person	–	

your	help	includes	giving	us	documents	that	we	ask	for	and	that	are	acceptable	to	

us.	

Interest	Charges	and	Fees.	

We	will	charge	Interest	Charges	and	Fees	to	your	Account	as	disclosed	to	you	in	your	

Statements	and	other	Truth	in	Lending	Disclosures.	In	general,	Interest	Charges	begin	to	

accrue	from	the	day	a	transaction	occurs.	However,	we	will	not	charge	you	interest	on	any	

new	balances	posted	to	the	purchase	Segment	of	your	Account	provided	you	have	paid	

your	previous	balance	in	full	by	the	due	date.	

We	will	treat	the	following	Fees	as	purchase	transactions	unless	otherwise	specified	below.	

These	Fees	apply	to	your	Account	only	if	they	are	provided	in	your	Truth	in	Lending	

Disclosures.	We	may	increase	your	Interest	Charges	and	Fees	as	described	in	the	Changes	

to	Your	Agreement	section	or	in	your	Truth	in	Lending	Disclosures.	

Late	Payment	Fee.	We	may	charge	you	this	Fee	if	we	do	not	receive	your	payment	in	time	

for	us	to	credit	it	by	the	due	date	shown	on	your	Statement.	

Overlimit	Fee.	You	will	not	have	a	fee	for	going	over	your	credit	limit,	but	your	credit	score	

may	be	adversely	affected	and	the	transaction	may	be	declined,	depending	on	the	amount	

of	the	overage.	

Returned	Payment	Fee.	We	may	charge	you	this	Fee	each	time	any	payment	you	make	to	

us	is	not	paid	by	your	financial	institution	for	any	reason,	even	if	that	institution	later	pays	

it.	

Expedited	Payment	Fee.	We	may	charge	you	this	Fee	each	time	you	request	to	make	a	

payment	over	the	phone.	Before	we	charge	you	this	fee,	we	will	notify	you	of	the	amount	

and	provide	an	opportunity	to	opt	out	of	this	service.	

Copying	Fee.	We	may	charge	you	a	Fee	for	copies	of	transaction	documents	or	Statements	

unless	they	are	required	to	resolve	a	billing	dispute.	

Express	Delivery	Fee.	We	may	charge	you	this	Fee	each	time	you	request	express	delivery	

of	any	account	documentation.	Before	we	charge	you	this	fee,	we	will	notify	you	of	the	

amount	and	provide	an	opportunity	to	opt	out	of	this	service.	

Balance	Transfer	Fee.	Balance	Transfers	are	not	available	for	your	Card.	

Cash	Advance	Fee.	Cash	Advances	are	not	available	for	your	Card.	

	
	
Foreign	Transaction	Fee.	We	do	not	charge	a	fee	for	foreign	transactions.	

Transactions	Made	in	Foreign	Currencies:	If	you	make	a	transaction	in	a	foreign	

currency,	the	Payment	Card	Network	will	convert	it	into	a	U.S.	dollar	amount.	The	Payment	

Card	Network	will	use	its	own	currency	conversion	procedures.	The	conversion	rate	in	

effect	on	the	processing	date	may	differ	from	the	rate	in	effect	on	the	transaction	date	that	

appears	on	your	Statement.	We	do	not	adjust	the	currency	exchange	rate	or	charge	any	

currency	conversion	Fees.	

No	Warranties.	

Except	as	otherwise	provided	in	the	“Billing	Rights	Summary”	part	of	your	Statements,	we	

are	not	responsible	for	any	claim	you	might	have	regarding	the	purchases	of	goods	or	

services	made	with	your	Card.	

Merchant	Refunds.	

If	you	are	entitled	to	a	refund	for	goods	or	services	purchased	with	your	Card,	you	will	

accept	these	refunds	as	credits	to	the	purchase	Segment	of	your	Account.	We	do	not	control	

when	a	merchant	sends	us	your	refund.	We	will	also	have	a	reasonable	amount	of	time	

after	we	receive	your	refund	to	process	it.	

Minimum	Payment.	

Your	Statement	will	provide	instructions	for	making	payments,	including	the	amounts	due	

and	the	due	date	for	receiving	your	payment.	If	applicable,	your	Statement	will	also	include	

a	minimum	payment	amount.	To	avoid	a	Late	Payment	Fee,	you	must	pay	us	at	least	this	

minimum	payment	amount	by	the	due	date	provided	in	the	Statement.	

Your	minimum	payment	will	equal	the	greater	of:	$15	(or	your	full	balance	if	it’s	less	than	

$15);	3%	of	your	ending	balance	for	the	Statement;	or	the	total	amount	by	which	you	have	

exceeded	your	credit	limit	(if	applicable).	

In	addition	to	the	minimum	payment,	you	may	pay	all	or	part	of	the	total	balance	on	your	

Account.	However,	you	must	still	pay	at	least	the	minimum	payment	amount	each	month,	

even	if	you	paid	greater	than	the	minimum	on	the	previous	Statement.	

We	will	continue	to	charge	Interest	during	Billing	Cycles	when	you	carry	a	balance	

regardless	of	whether	your	Statement	includes	a	minimum	payment	that	is	due.	If	your	

	
	
	
Account	is	180	days	past	due,	part	of	a	bankruptcy	proceeding	or	otherwise	charges	off,	the	

entire	balance	is	immediately	due	and	payable.	

Making	Payments.	

Your	payments	must	be	in	U.S.	dollars	from	a	U.S.	deposit	account	and	otherwise	be	

acceptable	to	us.	We	do	not	accept	cash	payments.	You	may	not	make	payments	with	funds	

from	your	Account	with	us.	

Mailed	Payments.	

You	must	mail	payments	to	us	at	the	address	provided	on	your	Statement	or	as	otherwise	

instructed	by	us	or	our	agents.	We	will	credit	it	to	your	Account	on	the	day	we	receive	it,	if:	

•  you	send	the	payment	coupon	included	with	your	Statement;	

• 

in	the	same	envelope	with	your	payment;	

•  you	include	your	Account	number	on	your	payment;	and	

•  your	payment	arrives	at	the	address	indicated	on	the	payment	coupon	in	our	

processing	center	by	the	time	indicated	on	your	Statement.	

If	your	due	date	occurs	on	a	day	on	which	we	do	not	receive	payments,	any	payment	

received	the	next	day	which	conforms	to	the	above	requirements	will	not	be	treated	as	late.	

Please	allow	at	least	7	days	for	postal	delivery.	Unless	we	or	our	agents	specifically	instruct	

you	to	remit	payment	in	a	different	manner,	payments	received	at	any	other	location	or	in	

any	other	form	might	not	be	credited	for	up	to	5	days.	This	might	cause	you	to	be	charged	

late	payment	Fees	and	additional	Interest	Charges.	

Faster	Payment	Services.	

We	may	make	services	available	that	allow	you	to	make	faster	payments	through	a	

customer	service	representative	using	a	telephone,	the	internet,	or	other	payment	system.	

We	will	describe	the	terms	for	using	these	services	before	you	use	them.	You	do	not	have	to	

use	these	other	payment	services,	and	we	may	charge	you	a	Fee	for	using	them.	If	we	do,	

we	will	tell	you	the	amount	of	the	Fee	at	the	time	you	request	the	service.	We	are	not	

responsible	if	a	payment	made	using	our	payment	services	is	rejected	or	not	paid.	Even	if	it	

is,	we	may	still	keep	the	Fee.	

If	you	give	your	Account	number	or	other	Account	information	to	someone	else	to	make	a	

payment	for	you,	we	may	provide	them	limited	Account	information	necessary	for	the	

payment	and	process	their	payment	as	if	you	made	it.	We	may	refuse	to	accept	any	

	
	
payment	made	by	someone	else	for	your	Account.	If	we	accept	a	payment	made	by	

someone	else	for	your	Account,	you	will	be	responsible	for	the	payment	made	even	if	that	

payment	is	rejected	or	not	paid.	

Payment	Processing.	

We	may	accept	and	process	payments	without	losing	any	of	our	rights.	Even	if	we	credit	

your	payment	to	your	Account,	we	may	delay	the	availability	of	credit	until	we	confirm	that	

your	payment	has	cleared.	We	may	resubmit	and	electronically	collect	returned	payments.	

We	may	also	adjust	your	Account	as	necessary	to	correct	errors,	to	process	returned	and	

reversed	payments,	and	to	handle	similar	issues.	

When	you	provide	an	Item	as	payment,	you	authorize	us	either	to	use	information	from	

your	Item	to	make	a	one-time	electronic	fund	transfer	from	your	deposit	account	or	to	

process	the	payment	as	an	Item.	We	will	provide	additional	information	about	this	process	

on	your	Statement	or	other	documents	we	send	you	before	your	payment.	

When	you	provide	an	Item	as	payment,	it	might	also	be	converted	into	an	electronic	image	

and	collected	and	returned	electronically.	These	electronic	images	may	also	be	converted	

to	substitute	checks.	We	will	not	be	responsible	if	an	Item	you	provide	has	physical	

features	that	when	imaged	result	in	it	not	being	processed	as	you	intended.	

How	We	Apply	Your	Payments.	

We	apply	your	payments	to	the	higher	Annual	Percentage	Rate	balances	before	the	lower	

ones.	In	all	cases,	we	will	apply	payments	and	credits	in	accordance	with	applicable	law.	

Available	credit	created	as	a	result	of	payments	posted	to	your	Account	may	not	be	

available	for	up	to	seven	(7)	days,	or	longer	if	circumstances	warrant	an	additional	hold,	or	

if	we	deem	ourselves	at	risk	for	any	reason.	

Items	with	Restrictive	Words,	Conditions,	or	Instructions.	

Our	acceptance	of	payments	labeled	“payment	in	full”	or	restrictive	words	to	that	or	any	

similar	effect,	will	not	constitute	an	accord	and	satisfaction	nor	a	waiver	of	any	rights	we	

have	to	receive	a	full	payment	on	all	balances	due.	

Credit	Balances.	

We	may	reject	and	return	to	you	any	payment	that	creates	a	credit	balance	on	your	

Account.	Any	credit	balance	we	allow	will	not	be	available	until	we	confirm	that	your	

payment	has	cleared.	We	may	reduce	the	amount	of	any	credit	balance	by	any	new	

	
	
amounts	billed	to	your	Account.	You	may	contact	us	as	provided	on	your	Statement	and	

request	a	refund	of	any	available	credit	balance.	If	you	contact	us	in	writing,	we	will	refund	

your	credit	balance	within	7	Business	Days	from	our	receipt	of	your	written	request.	

Account	Default.	

We	may	consider	you	in	default	of	your	Agreement	with	us	if:	

•  you	do	not	make	any	payment	when	it	is	due;	

•  any	payment	you	make	is	rejected,	not	paid,	or	cannot	be	processed;	

•  you	exceed	a	credit	limit;	

•  a	bankruptcy	or	other	insolvency	proceeding	is	filed	by	or	against	you;	

•  you	die	or	are	legally	declared	incompetent	or	incapacitated;	

•  we	determine	that	you	made	a	false,	incomplete,	or	misleading	statement	on	any	of	

your	Account	documentation	or	you	otherwise	try	to	defraud	us;	

•  you	do	not	comply	with	any	term	of	this	Agreement	or	any	other	agreement	with	us;	

or	

•  you	permanently	reside	outside	the	United	States.	

For	certain	actions,	including	changing	the	rates	and	Fees	on	your	Account,	our	options	

appear	in	our	original	offer	and	materials	when	you	opened	your	Account.	Remember,	

paying	the	Fees	charged	in	connection	with	a	default	will	not	by	itself	cure	the	default.	In	

addition,	if	you	are	in	default,	we	may	take	the	following	actions	without	notifying	you,	

unless	the	law	says	that	we	must	notify	you:	

• 

• 

• 

close	or	suspend	your	Account;	

lower	your	credit	limits;	

increase	your	minimum	payment;	

•  demand	that	you	immediately	pay	the	entire	balances	owing	on	your	Account;	

• 

continue	to	charge	you	Interest	Charges	and	Fees	as	long	as	your	balances	remain	

outstanding;	and/or	

•  pursue	any	other	action	against	you	that	the	law	allows,	which	includes	the	filing	of	

a	lawsuit	against	you.	

You	must	pay	us	all	of	our	collection	expenses,	attorneys’	fees,	and	court	costs	unless	the	

law	does	not	allow	us	to	collect	these	amounts.	

	
	
		
Communications.	

We	may	contact	you	from	time	to	time	regarding	your	Account.	We	may	contact	you	in	any	

manner	we	choose	unless	the	law	says	that	we	cannot.	For	example,	we	may:	

• 

contact	you	by	mail,	telephone,	email,	fax,	recorded	message,	text	message,	or	

• 

• 

• 

• 

• 

• 

• 

personal	visit;	

contact	you	using	an	automated	dialing	or	similar	device	(“Autodialer”);	

contact	you	at	your	home	and	at	your	place	of	employment;	

contact	you	by	social	media;	

contact	you	on	your	mobile	telephone;	

contact	you	at	any	time,	including	weekends	and	holidays;	

contact	you	with	any	frequency;	

leave	prerecorded	and	other	messages	on	your	answering	machine/service	and	

with	others;	and	

• 

identify	ourselves,	your	relationship	with	us,	and	our	purpose	for	contacting	you	

even	if	others	might	hear	or	read	it.	

Our	contacts	with	you	about	your	Account	are	not	unsolicited	and	might	result	from	

information	we	obtain	from	you	or	others.	We	may	monitor	or	record	any	conversation	or	

other	communication	with	you.	Unless	the	law	says	we	cannot,	we	may	modify	or	suppress	

caller	ID	and	similar	services	and	identify	ourselves	on	these	services	in	any	manner	we	

choose.	When	you	give	us	or	we	obtain	your	mobile	telephone	number,	we	may	contact	you	

at	this	number	using	an	Autodialer	and	can	also	leave	prerecorded	and	other	messages.	We	

may	do	these	things	whether	we	contact	you	or	you	contact	us.	

If	you	ask	us	to	discuss	your	Account	with	someone	else,	you	must	provide	us	with	

documents	that	we	ask	for	and	that	are	acceptable	to	us.	

Credit	Reports.	

We	may	provide	information	about	you	and	the	Account	to	consumer	(credit)	reporting	

agencies	and	others	as	provided	in	our	Privacy	Notice.	Information	we	provide	might	

appear	on	your	credit	reports.	This	could	include	negative	information	if	you	do	not	comply	

with	the	terms	of	this	Agreement.	We	may	obtain	and	use	credit	and	income	information	

about	you	from	consumer	(credit)	reporting	agencies	and	others	as	the	law	allows.	

	
	
Closing	or	Suspending	Your	Account.	

You	may	ask	us	to	close	your	Account	by	calling	or	writing	us	as	described	on	your	

Statement.	Your	Statement	will	provide	additional	information	about	this	process,	and	we	

may	also	separately	provide	you	with	additional	details	after	your	request.	This	might	

include	payment	information.	If	you	use	your	Card	or	charges	post	to	your	Account	after	

you	ask	us	to	close	it,	we	may	keep	it	open	or	reopen	it.	

We	may	close	or	suspend	your	Account	and	your	right	to	obtain	credit	from	us.	We	may	do	

this	at	any	time	and	for	any	reason	permitted	by	law,	even	if	you	are	not	in	default	on	your	

Account	with	us.	A	suspension	of	your	Account	might	be	permanent	or	temporary.	

If	your	Account	is	closed	or	suspended	for	any	reason,	you	must	stop	using	your	Card.	You	

must	also	cancel	all	billing	arrangements	to	the	Account.	We	will	not	do	this	for	you.	If	we	

close	or	permanently	suspend	your	Account,	you	must	also	destroy	all	Cards.	You	must	still	

pay	us	all	amounts	you	owe	on	the	Account,	even	if	they	are	charged	after	your	Account	is	

closed	or	suspended.	

Lost	or	Stolen	Card.	

You	will	take	reasonable	steps	to	prevent	the	unauthorized	use	of	your	Card	and	Account.	If	

your	Card	is	lost	or	stolen	or	if	someone	else	might	be	using	it	without	your	permission,	

you	must	tell	us	at	once.	You	may	tell	us	by	calling	the	telephone	number	on	the	back	of	

your	Card	or	on	your	Statement	or	by	writing	us	at	the	address	on	your	Statement.	You	will	

not	be	responsible	for	charges	made	to	your	Account	that	are	found	by	us	to	be	

unauthorized.	If	we	reimburse	your	Account	for	unauthorized	charges	made	using	your	

Card,	you	will	help	us	investigate,	pursue,	and	get	reimbursement	from	the	wrongdoer.	

Your	help	includes	giving	us	documents	that	we	ask	for	and	that	are	acceptable	to	us.	

Changes	to	Your	Agreement.	

At	any	time,	we	may	add,	delete,	or	change	any	term	of	this	Agreement	unless	the	law	

prohibits	us	from	doing	so.	We	will	give	you	notice	of	any	changes	as	required	by	law.	If	we	

do	notify	you	of	changes,	we	will	send	you	a	separate	notice	or	inform	you	on	your	

Statement.	We	may	send	this	notice	to	you	electronically	as	permitted	by	law.	Our	notice	

will	tell	you	when	and	how	the	changes	will	take	effect	and	describe	any	rights	you	have	in	

connection	with	the	changes.	

	
	
If	we	increase	your	Fees	or	other	terms	of	your	Account	we	will	notify	you	in	writing	and	

inform	you	of	your	options	in	advance,	including	the	right	to	opt	out	of	some	of	these	

changes.	

If	your	payment	is	not	received	within	60	days	after	the	payment	due	date,	we	may	

increase	your	Interest	Charges	and	Fees	for	existing	balances	and	new	transactions	at	any	

time.	We	may	change	any	other	terms	of	your	Account	at	any	time.	

The	Law	that	Applies	to	Your	Agreement.	

The	issuer	of	your	Card	is	Celtic	Bank,	a	Utah-Chartered	Industrial	Bank,	Member	FDIC.	In	

accepting	a	Deserve	MasterCard,	you	agree	to	the	following	provisions:	(1)	This	Agreement	

(including	account	and	services	related	to	this	account)	will	be	interpreted	by	the	laws	of	

the	state	of	Utah.		This	means	that	the	laws	of	the	state	of	Utah	will	govern	any	dispute	

arising	from	or	relating	to	this	Agreement.	Federal	law	will	also	be	used	when	it	

applies.		(2)	You	waive	any	applicable	statute	of	limitations	as	the	law	allows.	Otherwise,	

the	applicable	statute	of	limitations	period	for	all	provisions	and	purposes	under	this	

Agreement	(including	the	right	to	collect	debt)	will	be	the	longer	period	provided	by	Utah	

law	or	the	law	in	the	jurisdiction	where	you	live.	(3)		Regarding	venue,	you	agree	to	submit	

to	the	jurisdiction	of	the	state	of	Utah	and	federal	courts	in	and	for	Salt	Lake	City	and	Salt	

Lake	County,	Utah.		This	means	that	any	dispute,	action	or	proceeding	relating	to	this	

Agreement	will	be	brought	in	the	Federal	District	Court	of	Utah	or	state	court	in	the	county	

of	Salt	Lake	City.	(4)	See	applicable	Arbitration	Provision	below.	

Accordingly,	it	is	important	that	you	read	the	provisions	of	this	section,	the	Arbitration	

Provision	below,	and	the	entire	Agreement	carefully.		If	any	part	of	this	Agreement	is	found	

to	be	unenforceable,	the	remaining	parts	will	remain	in	effect.	

Arbitration	Provision:	

Should	a	dispute	arise,	you	agree	to	resolve	the	matter	through	Arbitration,	in	which	

case	you	will	not	have	the	right	to	have	that	claim	resolved	by	a	judge	or	jury	and	you	

will	not	have	the	right	to	participate	in	a	class	action.		You	may	reject	the	Arbitration	

provision	with	respect	to	your	new	account	within	30	days	after	receiving	your	

credit	card	approval	letter.		If	so,	your	rejection	must	be	in	writing	and	postmarked	

within	30	days	from	the	date	of	your	approval	letter,	addressed	to	Celtic	Bank,	268	

	
	
	
South	State	Street,	#300,	Salt	Lake	City,	Utah	84111.	Otherwise,	a	rejection	will	be	

invalid.		Further,	should	you	reject	the	Arbitration	process	(or	if	a	court	or	federal	

regulator	determine	the	Arbitration	process	inapplicable),	you	agree	to	waive	your	

right	to	jury	trial	and	proceed	in	a	non-jury	court	proceeding.		You	understand	that	

federal	district	court	and	state	court	processes	and	rules	may	require	parties	to	seek	

resolution	of	matter	via	settlement	or	other	dispute	resolution	proceedings.	In	

waiving	your	right	to	a	jury	trial,	you	agree	that	your	waiver	is	made	knowingly,	

intelligently	and	voluntarily.					

Military	Lending	Act	Disclosure	

Federal	law	provides	important	protections	to	members	of	the	Armed	Forces	and	their	

dependents	relating	to	extensions	of	consumer	credit.	In	general,	the	cost	of	consumer	

credit	to	a	member	of	the	Armed	Forces	and	his	or	her	dependent	may	not	exceed	an	

annual	percentage	rate	of	36	percent.	This	rate	must	include,	as	applicable	to	the	credit	

transaction	or	account:	The	costs	associated	with	credit	insurance	premiums;	fees	for	

ancillary	products	sold	in	connection	with	the	credit	transaction;	any	application	fee	

charged	(other	than	certain	application	fees	for	specified	credit	transactions	or	accounts);	

and	any	participation	fee	charged	(other	than	certain	participation	fees	for	a	credit	card	

account).		To	be	provided	with	an	oral	disclosure	of	this	information,	please	call	toll-free	1-

800-316-7258.	

Waiver.	

We	will	not	lose	any	of	our	rights	if	we	delay	taking	any	action	for	any	reason	or	if	we	do	

not	notify	you.	For	example,	we	may	waive	your	Interest	Charges	or	Fees	without	notifying	

you	and	without	losing	our	right	to	charge	them	in	the	future.	We	may	always	enforce	our	

rights	later	and	may	take	other	actions	not	listed	in	this	Agreement	if	the	law	allows	them.	

You	do	not	have	to	receive	notice	from	us	of	any	waiver,	delay,	demand	or	dishonor.	We	

may	proceed	against	you	before	proceeding	against	someone	else.	

Assignment.	

This	Agreement	will	be	binding	on,	and	benefit,	any	of	your	and	our	successors	and	assigns.	

	
	
	
	
You	may	not	transfer	your	Account	or	your	Agreement	to	someone	else	without	our	

written	permission.	

We	may	transfer	your	Account	and	this	Agreement	to	another	company	or	person	without	

your	permission	and	without	prior	notice	to	you.	They	will	take	our	place	under	this	

Agreement.	You	must	pay	them	and	perform	all	of	your	obligations	to	them	and	not	us.	If	

you	pay	us	after	you	are	informed	or	learn	that	we	have	transferred	your	Account	or	this	

Agreement,	we	can	handle	your	payment	in	any	way	we	think	is	reasonable.		This	includes	

returning	the	payment	to	you	or	forwarding	the	payment	to	the	other	company	or	person.	

Glossary.	

Account	means	your	Card	Account	with	us.	

Annual	Percentage	Rate,	or	APR,	is	the	percentage	you	are	charged	annually	for	the	debt	

that	you	accrue.	

Billing	Cycle	means	a	period	of	time	that	might	vary	in	length	but	is	approximately	30	

days.	The	specific	period	of	time	is	described	on	each	Statement.	However,	you	will	have	a	

Billing	Cycle	even	if	a	Statement	is	not	required.	

We	will	often	specify	a	Billing	Cycle	by	the	month	in	which	its	closing	date	occurs	as	

provided	on	the	Statement.	For	example,	a	“March	Billing	Cycle”	will	have	a	closing	date	in	

March.	We	may	also	refer	to	a	Billing	Cycle	as	a	“Billing	Period.”	If	your	Account	balance	has	

charged	off,	we	may	switch	to	quarterly	Billing	Cycles	to	your	Account.	

Business	Day	means	any	day	our	offices	are	open	for	the	processing	of	payments	and	

credits.	

Card	means	any	Card	associated	with	your	Account,	which	includes	all	renewals	and	

substitutions.	It	also	means	any	other	access	device	for	your	Account	we	give	you	that	

allows	you	to	obtain	credit.	

Credit	means	an	accounting	entry	that	decreases	a	liability;	in	this	case,	your	outstanding	

balance	with	Deserve.	

Credit	Limit	means	the	amount	of	credit	extended	to	you.	

Daily	Periodic	Rate,	is	calculated	at	1/365	of	your	APR.	

Fees	means	conditional	charges	imposed	on	your	Account	that	are	not	based	on	the	Annual	

Percentage	Rates.	

	
	
Interest	Charges	means	any	charges	to	your	Account	based	on	the	application	of	Annual	

Percentage	Rates.	

Item	means	a	check,	draft,	money	order,	or	other	negotiable	instrument	you	use	to	pay	

your	Account.	This	includes	any	image	of	these	instruments.	

Payment	Card	Network	means	MasterCard	International	Incorporated,	or	any	other	

network	provider	displayed	on	the	Card.	

Segments	means	the	different	parts	of	your	Account	we	may	establish	that	are	subject	to	

unique	pricing,	grace	periods,	or	other	terms.	We	create	these	parts	of	your	Account	for	

such	things	as	your	purchases	and	Special	Transfers.	

Special	Transfer	means	a	Transfer	posted	to	the	Special	Transfer	Segment	of	your	Account	

and	not	to	your	purchase	Segment.	

Statement	means	a	document	or	information	we	provide	to	you	showing	Account	

information	including,	among	other	things,	transactions	made	to	your	Account	during	a	

Billing	Cycle.	We	might	also	refer	to	your	Statement	as	a	“Periodic	Statement”	or	a	“Billing	

Statement.”	

Transfers	means	balances	transferred	from	other	Accounts	to	this	Account	and	includes	

Balance	Transfers	and	Special	Transfers.	

Truth	in	Lending	Disclosure	means	any	Account	information	we	provide	to	you	that	is	

required	by	the	federal	Truth	in	Lending	Act	and	Regulation	Z.	These	include	your	

application	and	solicitation	disclosures,	Account	opening	disclosures,	subsequent	

disclosures,	Statements,	and	change	in	terms	notices.	

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:	

Deserve,	Inc.	
P.O.	Box	1286	
Menlo	Park,	CA	94026-1286	

	
	
	
	
	
In	your	correspondence,	give	us	the	following	information:	

•  Account	information:	Your	name	and	account	number.	

•  Dollar	amount:	The	dollar	amount	of	the	suspected	error.	

•  Description	of	problem:	If	you	think	there	is	an	error	on	your	bill,	describe	what	you	

believe	is	wrong	and	why	you	believe	it	is	a	mistake.	

You	must	contact	us:	

• 

	Within	60	days	after	the	error	appeared	on	your	statement.	

•  At	least	3	business	days	before	an	automated	payment	is	scheduled,	if	you	want	to	

stop	payment	on	the	amount	you	think	is	wrong.	

•  You	must	notify	us	of	any	potential	errors	in	writing.	You	may	call	us,	but	if	you	do	

we	are	not	required	to	investigate	any	potential	errors	and	you	may	have	to	pay	the	

amount	in	question.	

WHAT	WILL	HAPPEN	AFTER	WE	RECEIVE	YOUR	LETTER	

When	we	receive	your	letter,	we	must	do	two	things:	

1.  Within	30	days	of	receiving	your	letter,	we	must	tell	you	that	we	received	your	

letter.	We	will	also	tell	you	if	we	have	already	corrected	the	error.	

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	exert	this	right,	all	of	the	following	must	be	true:	

•  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.		Deserve	does	not	offer	cash	advances,	ATM	access,	or	credit	card	access	

checks.	

•  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:	

Deserve,	Inc.	
PO	Box	1286	

	
	
	
Menlo	Park,	CA	94026-1286	

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.