Smart Option 
ViSa® ClaSSiC
agreement and
diSClOSure

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.

NOTICE: 

IMPORTANT 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.

Smart Option
(07/12) 

F03-M281-7

Smart Option VISA CLASSIC 
AGREEMENT AND DISCLOSURE

Thank you for opening your First Citizens Smart Option Visa® Classic account 
with  us.  This  Smart  Option  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, we may charge you the maximum late charge authorized by law. 
You  agree  to  pay  a  late  payment  fee  of  the  greater  of  $7.00  or  5%  of  the 
unpaid amount of your payment, not to exceed $17.50. The amount of this late 
payment fee may increase on July 1st of every even numbered year, 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 
Smart Option 
Visa Classic 

Monthly 
Periodic Rate 
0% First Six Months 
*See Below 

ANNUAL
PERCENTAGE RATE
0% First Six Months
Prime + 7.00%

*Smart Option Visa Classic (after the first six months): 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  seven  percent 
(7.00%). 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 7.00% 
and  divide  by  12.  To  show  how  this  formula  works,  on  July  2,  2012,  The 
Wall Street Journal Prime Rate was 3.25%. You 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.

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 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