Annual Percentage Rate
(APR) for Purchases

36.0%

APR for Cash Advances

36.0%

Paying Interest

Minimum Interest Charge

For Credit Card Tips from
the Consumer Financial
Protection Bureau

To learn more about factors to consider when applying for or using a credit card,
visit the website of the Consumer Financial Protection Bureau at
http://www.consumerfinance.gov/learnmore

Set-up and Maintenance
Fees

Transaction Fees

Penalty Fees

$95.00

$75.00

None

$45.00

$75.00

$8.00

5%

3%

$39.00

$39.00

How We Will Calculate Your Balance:

Billing Rights:

Opening Your Credit Account:

Page 3

Program Fee:

Available Credit Limitations:

FEES AND INTEREST CHARGES:

Periodic INTEREST CHARGES: INTEREST CHARGES
INTEREST CHARGES

INTEREST CHARGES

INTEREST CHARGES

How we calculate INTEREST CHARGES:

Average Daily Balance

INTEREST CHARGE
Rate
How we calculate Average Daily Balance and Daily Periodic Rate:

INTEREST CHARGE

INTEREST CHARGES

INTEREST CHARGE

Average Daily Balance

Daily Periodic

INTEREST CHARGE

Daily Balance

Daily Balance

Daily Periodic Rate

ANNUAL PERCENTAGE RATE

Average Daily Balance

Average Daily Balance

The APR applicable to Purchases will be applied to fees

assessed to your Credit Account.
Minimum INTEREST CHARGE:

Annual Fee:

Monthly Fee:

INTEREST CHARGE

INTEREST CHARGE

Cash Advance Fee:

INTEREST CHARGES

Foreign Currency Transaction Fee:
Late Payment:

Return Item Charge:

Additional Card Fee:

Credit Limit Increase Fee:

OTHER CHARGES:

Credit Insurance:
Copying Fee:
Express Delivery Fee:
Wire Transfer Fee:
Minimum Payment; Cutoff Time and Form of Payment:

See the Credit Card Contract for further information regarding this Credit Account. Retain these important documents.

Page 4

Call Recording: You agree and consent that we will record and may monitor 
any calls between you and us. This includes both calls to and originated by First 
PREMIER Bank, PREMIER Bankcard, LLC, our parent corporation, or any of 
our affiliates, agents, independent contractors or service providers.

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:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
(You may also contact us on the Web:  www.mypremiercreditcard.com.)
In your letter, give us the following information:
• Account information: Your name and Credit 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 three 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 (or electronically). 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 $50.00 
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 $50.00.  (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 
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 (or electronically) at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
     www.mypremiercreditcard.com
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. 
Your Liability for Unauthorized Use of Your Credit Account: You will not be 
liable for unauthorized use of your Card or Credit Account. However, to protect 
your rights, you are required to notify us orally or in writing as soon as you are 
aware that your Card or Credit Account has been lost, stolen or used without 
your consent. Certain exceptions apply. To notify us of the loss, theft or possible 
unauthorized use of your Card, call us at 1-800-987-5521, 24 hours a day. 

STATE DISCLOSURES
California  Residents:  A  married  applicant  may  apply  for  a  separate  Credit 
Account. As  required  by  law,  you  are  hereby  notified  that  a  negative  credit 
reporting  reflecting  on  your  credit  record  may  be  submitted  to  a  Consumer 
Reporting Agency if you fail to fulfill the terms of your credit obligations. After 
credit approval, each applicant shall have the right to use the Credit Account 
up to the limit of the Credit Account. Each applicant may be liable for amounts 
extended under the plan to any joint applicant.
Delaware Residents: Service charges not in excess of those permitted by law 
will be charged on the outstanding balances from month to month.
Kentucky Residents: You may pay the unpaid balance of your Credit Account 
in whole or in part at any time.
Maryland Residents: Finance charges will be imposed in amounts or at rates 
not in excess of those permitted by law.
Maine Residents: Credit insurance provided herein is voluntary and you have 
the right to cancel such credit insurance at any time.
Vermont  Residents:  First  PREMIER  Bank  may  obtain  a  consumer  report 
for  any  legitimate  purpose  in  connection  with  your  Credit  Account  or  your 
application,  including  but  not  limited  to  reviewing,  modifying,  renewing  and 
collecting  on  your  Credit  Account.  Upon  your  request,  we  (First  PREMIER 
Bank) will inform you of the names and addresses of any Consumer Reporting 
Agencies that have furnished the reports.  
Ohio Residents: The Ohio laws against discrimination require that all creditors 
make credit equally available to all credit worthy customers, and that Consumer 
Reporting Agencies maintain separate credit histories on each individual upon 
request. The Ohio Civil Rights Commission administers compliance with this 
law.
Married  Wisconsin  Residents:  No  provision  of  any  marital  property 
agreement, unilateral statement, or court order applying to marital property will 
adversely affect a creditor’s interests unless prior to the time credit is granted, 
the creditor is furnished with a copy of the agreement, statement, or court order, 
or has actual knowledge of that provision.
Washington Residents: A service charge will be computed on the outstanding 
balance for each month. You may at any time pay your total unpaid balance.

ARBITRATION AND LITIGATION
This Arbitration Provision (“Provision” or “Arbitration Provision”) facilitates the 
prompt and efficient resolution of any disputes that may arise between you and 
us. Arbitration is a form of private dispute-resolution in which persons with a 
dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, 
and instead submit their disputes to a neutral third person (an arbitrator) for a 
binding decision. You have the right to opt out of this Arbitration Provision if you 

follow the instructions set out in the paragraph titled “Right to Opt Out” below. 
PLEASE  READ  THIS  PROVISION  CAREFULLY.  IT  PROVIDES  THAT 
ALL  DISPUTES  ARISING  OUT  OF  OR  RELATED  TO  THIS  CREDIT 
CARD  CONTRACT  SHALL  BE  RESOLVED  BY  BINDING  ARBITRATION. 
ARBITRATION  REPLACES  THE  RIGHT  TO  GO  TO  COURT.  IN  THE 
ABSENCE  OF  THIS  ARBITRATION  AGREEMENT,  YOU  AND  WE  MAY 
OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS 
IN A COURT, BEFORE A JUDGE OR JURY AND/OR TO PARTICIPATE IN OR 
BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING, 
BUT  NOT  LIMITED  TO,  CLASS  ACTIONS).  EXCEPT  AS  OTHERWISE 
PROVIDED,  ENTERING 
INTO  THIS  AGREEMENT  CONSTITUTES  A 
WAIVER  OF  YOUR  RIGHT  TO  LITIGATE  CLAIMS  IN  COURT  BEFORE A 
JUDGE OR JURY.
RIGHT TO OPT OUT: To opt out of this Arbitration Provision, you must mail 
a  written  notice  to  us  so  that  it  is  postmarked  no  later  than  45  days  after 
we  mail  your  first  Card  to  you. Your  first  Card  is  the  one  we  mail  to  you  at 
approximately the time your first Account application is approved. Your right to 
opt out will not apply when we send you a copy of your Credit Card Contract 
or this Provision, or when we send you an updated version of your Credit Card 
Contract or this Provision, or when we send any replacement Card. If you opt 
out of this Arbitration Provision, you will retain your right to litigate your dispute 
in a court, either before a judge or jury. The opt out notice must include your 
name, address, and Account number, must be signed by you (or all of you if 
there is more than one Account holder) and must be mailed to us at: PO Box 
5524,  Sioux  Falls,  SD  57117-5524.    If  your  written  notice  is  not  postmarked 
within 45 days from the date we mail your first Card to you, your right to opt 
out  will  terminate,  and  you  agree  that  the  terms  of  this  Provision  will  apply. 
Your  decision  to  opt  out  of  this  Provision  will  not  affect  your  other  rights  or 
responsibilities under this Credit Card Contract.  
If we later amend this Provision, we will let you know if you can opt out of that 
amendment and, if so, how you can do so.     
Parties and Matters Subject to Arbitration: For purposes of this Provision, 
“we” and “us” include our employees, parent companies, subsidiaries, affiliates, 
beneficiaries, agents and assigns and other persons and entities you assert a 
Claim against in connection with a Claim you assert against us. For purposes 
of this Provision, “Claim” means any claim, dispute or controversy by either you 
or us, arising out of or relating in any way to this Credit Card Contract, your 
Credit Account, any transaction on your Credit Account and our relationship. 
“Claim” also refers to any interaction or communication between you and us 
that occurred prior to or concurrent with entering into this Credit Card Contract, 
including  those  now  in  existence,  regardless  of  present  knowledge.  “Claim” 
shall  refer  to  claims  of  every  kind  and  nature,  including,  but  not  limited  to, 
initial claims, counterclaims, cross-claims and third-party claims. All Claims are 
subject to arbitration, regardless of legal theory and remedy sought, including, 
but not limited to, claims based in contract, tort (including negligence, intentional 
tort,  fraud  and  fraud  in  the  inducement),  agency,  statutory  law  (federal  and 
state), administrative regulations or any other source of law (including equity). 
Notwithstanding the foregoing, the word “Claim” does not include any dispute 
or  controversy  about  the  validity,  enforceability,  coverage  or  scope  of  this 
Arbitration Provision or any part thereof; all such disputes or controversies are 
for a court and not an arbitrator to decide. However, any dispute or controversy 
that  concerns  the  validity  or  enforceability  of  the  Credit  Card  Contract  as  a 
whole is for the arbitrator, not a court, to decide.
Agreement to Arbitrate: Any Claim shall be resolved and settled exclusively 
and  finally  by  binding  arbitration,  in  accordance  with  this  Provision.  Binding 
arbitration  shall  not  be  required,  however,  for  collection  actions  we  bring 
in court if you default on your Credit Account as set forth in the Credit Card 
Contract. Furthermore, both you and we retain the right to pursue in a small 
claims  court  (or  your  state’s  equivalent  court)  any  Claim  that  is  within  that 
court’s jurisdiction, so long as the matter remains in such court and advances 
only  on  an  individual  (non-class,  non-representative)  basis.  For  any  Claims 
covered by this Provision, a party who asserted a Claim in a lawsuit in court 
may elect arbitration with respect to any Claim subsequently asserted in that or 
any related or unrelated lawsuit by any other party.

Class Action Waiver: If a Claim is arbitrated, neither you nor we will have the 
right: (a) to participate in a class action, private attorney general action or other 
representative action in court or in arbitration, either as a class representative 
or class member; or (b) to join or consolidate Claims with Claims of any other 
persons. An award in arbitration shall determine the rights and obligations of 
the  named  parties  only,  and  only  with  respect  to  the  Claim(s)  in  arbitration, 
and shall not (i) determine the rights, obligations, or interests of anyone other 
than a named party, or resolve any Claim of anyone other than a named party; 
nor  (ii)  make  an  award  for  the  benefit  of,  or  against,  anyone  other  than  a 
named party.  No arbitration administrator or arbitrator shall have the power 
or authority to waive, modify, or fail to enforce this section, and any attempt to 
do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid 
and unenforceable.  Any challenge to the validity of this Class Action Waiver 
shall be determined exclusively by a court and not by the administrator or any 
arbitrator. Thus, you agree that   UNDER THIS ARBITRATION PROVISION 
THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED 
IN  COURT  OR ARBITRATED  ON A  CLASS  BASIS. Arbitration  will  only  be 
conducted  on  an  individual  Claim  basis  and  there  is  no  right  or  authority  to 
consolidate  or  join  any  of  your  Claims  with  any  other  Claims.  YOU AGREE 
THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT 
TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS 
OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION 
UNDER THIS PROVISION.
Voluntary Waiver of the Right to a Jury Trial: As a result of this Provision, 
neither you nor we have the right to litigate any Claim in court or the right to 
a jury trial on any Claim, except as provided above. YOU AGREE THAT YOU 
ARE  VOLUNTARILY  AND  KNOWINGLY  WAIVING  ANY  RIGHT  YOU  MAY 
HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL.
Governing Law: This agreement to arbitrate is made pursuant to a transaction 
involving interstate commerce and shall be governed by the Federal Arbitration 
Act, 9 U.S.C. §§ 1-16, as it may be amended. If for any reason the Federal 
Arbitration Act does not apply, the substantive law of the State of South Dakota 
shall govern this Provision.
Arbitration Location and Procedure:  Any arbitration hearing at which you 
wish to appear will take place at a location within the federal judicial district 
that  includes  your  billing  address  at  the  time  the  Claim  is  filed.  The  party 
bringing  the  Claim  may  file  its  Claim  at  the American Arbitration Association 
(“AAA”), or an arbitration organization mutually agreed upon by the parties. The 
arbitration organization that is selected will administer the arbitration pursuant 
to its procedures in effect at the time of filing, subject to this Provision. If you 
do not agree to file your claim with AAA, and the parties cannot agree on an 
alternative arbitration organization, an arbitrator will be appointed by a court 
pursuant to the Federal Arbitration Act. In the event of a conflict or inconsistency 
between  the  respective  organization’s  rules  and  this  Provision  or  the  Credit 
Card  Contract,  this  Provision  shall  govern. The  arbitration  will  be  conducted 
before a single arbitrator, whose authority is limited solely to individual Claims 
between  you  and  us. The  arbitration  will  not  be  consolidated  with  any  other 
arbitration proceeding. Any decision rendered in such arbitration proceeding will 
be final and binding on the parties, except for any appeal rights under the FAA, 
and judgment may be entered in a court of competent jurisdiction. The rules 
and forms of AAA may be obtained as follows: American Arbitration Association, 
(1-800-778-7879), 120 Broadway, Floor 21, New York, N.Y. 10271, website at 
www.adr.org.
Arbitrator’s Authority:  The  arbitrator  shall  apply  the  applicable  substantive 
law, consistent with the Federal Arbitration Act; shall apply statutes of limitation; 
and  shall  honor  claims  of  privilege  recognized  at  law.  In  conducting  the 
arbitration proceeding, the arbitrator shall not apply any federal or state rules of 
civil procedure or evidence. THE RULES AND PROCEDURES OF THE AAA 
OR OTHER ARBITRATION ORGANIZATION WILL GOVERN THE RIGHT TO 
ENGAGE  IN  PRE-ARBITRATION  DISCOVERY.  Either  party  may,  however, 
request to expand the scope of discovery. If a request is made, within 15 days 
of the requesting party’s notice, the objecting party may submit objections to 
the  arbitrator  with  a  copy  of  the  objections  provided  to  the  party  requesting 
expansion. The grant or denial of a party’s request will be in the sole discretion 

of the arbitrator, who shall notify the parties of the final decision within 20 days 
of the objecting party’s submission.
The  Arbitrator’s  Award:  The  arbitrator  may  award  any  damages  or  other 
relief or remedies that would apply under applicable law to an individual action 
brought in court, including, without limitation, punitive damages (which shall be 
governed by the Constitutional standards employed by the courts), attorneys’ 
fees  and  costs  and  injunctive,  equitable  and  declaratory  relief  (but  only  in 
favor of the individual party seeking relief and only to the extent necessary to 
provide relief warranted by that party’s individual claim).  At the timely request 
of either party, the arbitrator shall write a brief explanation of the grounds for the 
decision. Judgment upon the award rendered by the arbitrator may be entered 
in any court having jurisdiction thereof.  No arbitration award between you and 
us will have any impact on any dispute involving anyone who is not a party to 
the arbitration, nor will an arbitration award between us and any other person 
have any impact to an arbitration between you and us.  
Expenses: Regardless of who demands arbitration, we will pay all expenses 
of arbitration, including the filing, administrative, hearing and arbitrator’s fees 
(“Arbitration Fees”), to the extent that the Arbitration Fees exceed the amounts 
you  would  be  required  to  pay  for  filing  a  lawsuit  in  state  or  federal  court, 
whichever is less.  If you have already paid a court filing fee, you will not be 
required to pay it again. Throughout the arbitration, each party shall bear his 
or her own attorney fees and expenses, such as witness and expert witness 
fees. If you prevail in the arbitration of any Claim against us, we will reimburse 
you for any fees you paid to the arbitration organization in connection with the 
arbitration.  The  arbitrator  will  have  the  authority  to  award  fees  and  costs  of 
attorneys, witnesses and experts to the extent permitted by this Credit Card 
Contract, the administrator’s rules or applicable law. With respect to Claim(s) 
asserted  by  you  in  an  individual  arbitration,  we  will  pay  your  reasonable 
attorney, witness and expert fees and costs if and to the extent you prevail, if 
applicable law requires us to or if we must bear such fees and costs in order for 
this Arbitration Provision to be enforced.
Binding Effect and Survival: You and we agree that, except as specifically 
provided  for  above,  the  arbitrator’s  decision  will  be  final  and  binding  on  all 
parties subject to this Provision. This Provision is binding upon you, us, and 
the  heirs,  successors,  assigns  and  related  third  parties  of  you  and  us.  This 
Provision  shall  survive  termination  of  your  account,  whether  it  be  through 
voluntary  payment  of  the  debt  in  full  by  you,  a  legal  proceeding  initiated  by 
us to collect a debt that you owe, a bankruptcy by you or a sale of your Credit 
Account by us.
Severability: If any part of this Provision is deemed or found to be unenforceable 
for any reason, the remainder shall be enforceable, except as follows:

A. 

The  parties  to  this  Provision  acknowledge  that  the  provision 
titled “Class Action Waiver” is      material and essential to the arbitration of 
any disputes between the parties and is non-severable from this Provision. If 
the  Class Action  Waiver  is  limited,  voided  or  found  unenforceable,  then  this 
Provision  (except  for  this  sentence)  shall  be  null  and  void  with  respect  to 
such proceeding, subject to the right to appeal the limitation or invalidation of 
the  Class Action  Waiver. The  parties  acknowledge  and  agree  that  under  no 
circumstances will a class action be arbitrated.

B. 

If  a  Claim  is  brought  seeking  public  injunctive  relief  and  a  court 
determines that the restrictions in the Class Action Waiver and/or elsewhere 
in this Provision prohibiting the arbitrator from awarding relief on behalf of third 
parties are unenforceable with respect to such Claim (and that determination 
becomes  final  after  all  appeals  have  been  exhausted),  the  Claim  for  public 
injunctive relief will be determined in court and any individual Claims seeking 
monetary relief will be arbitrated.  In such a case the parties will request that 
the court stay the Claim for public injunctive relief until the arbitration award 
pertaining to individual relief has been entered in court.  In no event will a Claim 
for public injunctive relief be arbitrated.

M-128004 

PF 

03/19

First PREMIER Bank 
CREDIT CARD CONTRACT AND  
ACCOUNT OPENING DISCLOSURES (cont’d)
This  Contract  explains  the  terms  and  conditions  of  your  Credit Account  with 
us,  including  important  provisions  relating  to  arbitration  and  litigation.  For 
additional important information on fees and INTEREST CHARGES and 
other contract provisions that apply to your Credit Account, please review 
the Account Opening Disclosures printed on the card carrier containing 
your Card. Be sure to retain all Contract documents for future reference.

YOUR CONTRACT WITH US
Your Mastercard® or Visa® brand Credit Account is governed by the terms and 
conditions in this Contract and the Account Opening Disclosures printed on the 
card carrier containing your Card (“Contract”).
Applicable Law: No matter where you live, our Contract with you and the terms 
of your Credit Account will be governed by the laws of the State of South Dakota 
and applicable federal law.
Effective  Date:  Unless  you  are  a  resident  of  the  State  of  New  York,  this 
Contract is effective upon the earlier of (1) the first Purchase made or Cash 
Advance taken on your Credit Account, and (2) the expiration of 30 days from 
the date we issue the Card to you if you do not provide us written notice of 
your desire to cancel within this 30 days. If you are a resident of the State of 
New York, this Contract is not effective until the earlier of (1) the first Purchase 
made or Cash Advance taken on your Credit Account, and (2) the date you 
move from the State of New York, unless the date you move from the State of 
New York is less than 30 days from the date we issue a Card to you, in which 
case this Contract will be effective on the date that is 30 days from the date we 
issue a Card to you (and not the date you move from the State of New York) if 
you do not provide us written notice of your desire to cancel within this 30 days. 
In all cases, if any fees are required to be paid prior to opening your Credit 
Account, this Contract will not be effective and your Credit Account will not be 
opened until such fees are paid in full. You are not obligated to pay any fees or 
INTEREST CHARGES (other than any fees required to be paid prior to opening 
your Credit Account) until this Contract is effective.

DEFINITIONS USED IN THIS CONTRACT
In this Contract, “we”, “us” and “our” each refer to First PREMIER Bank (the 
“Bank”).
“Authorized User” means any person authorized by you to use the Card or 
Credit Account.
“Billing  Cycle”  begins  on  the  day  after  the  Statement  Closing  Date  of  the 
previous  Statement  and  includes  the  Statement  Closing  Date  of  the  current 
Statement.
“Card” means all the plastic credit cards we issue to you or any other person 
who  is  authorized  to  use  the  Credit  Account.  In  the  event  we  issue  other 
devices by which you can access your Credit Account, those devices will also 
be “Cards” for purposes of this Contract.
“Closing Date” means the last day of any Billing Cycle.
“Credit Account” means the credit card account that we open for you and the 
relationship that is established between you and us by this Contract. This Credit 
Account is used to record transaction activity made by you when you access 
or otherwise utilize the line of credit we extend to you when you use your Card.
“New Balance” means the outstanding balance of your Credit Account at the 
end of any Billing Cycle. The New Balance is the sum of the Previous Balance 
(defined  as  the  New  Balance  shown  on  your  last  Statement)  less  payments 
and credits, plus new Cash Advances and Purchases and our charges posted 
during the Billing Cycle.
“Payment Due Date” means the date we must receive your payment, which is 
not less than 27 days from the Closing Date.
“Proper Form” means that a payment sent by mail or courier follows these 
guidelines:

•	 Payments must be sent to the address on the payment coupon of your 

Statement.

•	 Payments must be made by check or other negotiable instrument in U.S. 

dollars payable to First PREMIER Bank.

•	 All checks or negotiable instruments must be drawn on a U.S. bank or at 

a U.S. branch of a foreign bank.

•	 Payments must not be in the form of cash or third-party checks. 
•	 Your  payment  coupon  must  be  included  with  your  payment.  If  your 
payment coupon is not included, your name and account number must 
be printed legibly on your check or negotiable instrument.

“Related Credit Account(s)” means any Credit Accounts established using 
the same Social Security Number.
“Statement” is a summary of your Credit Account activity provided to you at 
the end of each Billing Cycle.
“Total Minimum Amount Due” means the total minimum amount we request 
that you pay each month as indicated on your Statement. This amount includes 
the Minimum Payment, any Past Due Amount and any Amount Over Limit Due, 
which is the amount by which the New Balance exceeds your Credit Limit. (See 
the Minimum Payment provisions on the Account Opening Disclosures printed 
on the card carrier containing your Card for more information on how the “Total 
Minimum Amount Due” is calculated.)
“You” and “your” mean each and every person who is authorized to use the 
Credit Account,  including Authorized  Users,  joint  account  holders  and  other 
persons you authorize to use the Card. 
Other important words used in this Contract begin with capital letters. They are 
defined throughout this Contract.

USING YOUR CARD

Sign Your Card: Be sure to sign your Card before you use it.
If You Do Not Want the Card: If you do not want the Card and Credit Account, 
you must contact us by telephone or in writing asking us to close your Credit 
Account.
Do Not Give Your Card to Others: Cards may not be given to anyone else to 
use. Other people who want a Credit Account should apply separately.
Your Responsibility for Authorized Users: If another person is given access 
to your Credit Account with your express or implied permission, notwithstanding 
the provision above, that person is an Authorized User, even if we did not issue 
an additional Card in the Authorized User’s name. At your request, and if we 
agree, we may issue an additional Card in the name of an Authorized User with 
your Credit Account number.
You will be responsible for all charges, Cash Advances, INTEREST CHARGES, 
Purchases and fees incurred by any Authorized User. We are not required to 
try to obtain payment from any Authorized User before requiring payment from 
you. 
If you wish to remove an Authorized User from your Credit Account you must 
contact  us  either  by  telephone  or  in  writing.  You  will  still  be  responsible  for 
payment of all Purchases, Cash Advances, INTEREST CHARGES and fees 
incurred  or  obtained  by  the  Authorized  User.  We  may  close  your  existing 
Credit Account and issue you a new Card and account number. You and each 
Authorized User agree that we may report account information to Consumer 
Reporting Agencies in the names of both you and the Authorized User.
Lost or Stolen Cards: To protect your rights, you must notify us immediately at 
1-800-987-5521 if your Card is lost or stolen or if you suspect that it has been 
used or may be used without your permission. If your Card is reported as lost or 
stolen or you are claiming unauthorized use of your Credit Account or Card, we 
may require you to file one or more reports with the appropriate law enforcement 
agencies and us prior to our removal of possible unauthorized charges made 
against your Credit Account. You will not be liable for unauthorized use of your 
Card. Certain exceptions apply. 
Refusal  to  Accept  Your  Card:  We  are  not  responsible  if  any  person  or 
merchant  does  not  accept  your  Card,  or  if  an ATM  or  other  device  fails  to 
properly operate. All transactions, even when you get a receipt, are subject to 
our final verification.
Cards Are Our Property: You agree to return each Card issued on your Credit 
Account to us upon our demand.

USING YOUR CREDIT ACCOUNT
Your Promise To Pay: You agree to pay us for all charges, Cash Advances, 
INTEREST CHARGES, Purchases and fees incurred on your Credit Account 
by you, or by any Authorized User, as well as any other fees imposed by us, 
as explained in this Contract. If more than one person requests or accepts the 
Credit Account, each and every person individually and jointly are responsible 
for payment until the account is paid in full.
Joint  Account  Holders:  If  this  is  a  joint  Credit Account,  each  person  who 
signed the application: (1) may obtain Purchases and Cash Advances not to 
exceed the total credit limit; (2) will be responsible for paying all amounts owed; 
and (3) can close the Credit Account.
Accessing Your Credit Line: You can use the Card and your Credit Account 
to make Purchases and obtain Cash Advances. Upon your request, you may 
be  assigned  a  Personal  Identification  Number  (PIN).  If  a  PIN  is  assigned  to 
you, you can obtain a Cash Advance at any authorized ATM by using the Card 
and PIN.
Understanding Your Credit Limit: Your “Credit Limit” is the maximum amount 
of  credit  we  have  approved  for  your  Credit  Account.  The  amount  of  your 
Credit  Limit  is  printed  on  the  card  carrier  containing  your  Card  and  on  your 
Statements.  Your  balance  may  not  exceed  your  Credit  Limit  at  any  time. At 
our sole discretion, we may honor Purchases or Cash Advances in excess of 
your Credit Limit without raising your Credit Limit. If we do, we may require you 
to pay us any amount over your Credit Limit immediately. Decisions on Credit 
Limit increases may be based on your performance under this Credit Account 
and other Related Credit Accounts you have with us and other credit criteria. If 
we have previously allowed your balance to exceed your Credit Limit, it does 
not mean that we will permit your balance to exceed your Credit Limit again. 
We reserve the right to approve or deny authorizations or transactions from any 
merchant at our sole discretion.
Obtaining  Cash  Advances:  You  may  take  Cash  Advances  on  your  Credit 
Account in any of the following ways: By presenting the Card to us or any other 
participating Mastercard® or Visa® financial institution to obtain cash, by using 
the Card at an authorized merchant, other non-bank entity, or an Automated 
Teller Machine (ATM) or other device to obtain cash or cash equivalent, or to 
make a transfer from your Credit Account to any other deposit or loan account. 
Even if you use your Credit Account to obtain cash from a non-bank entity, the 
transaction will be described as a Bank Cash Advance.
You may not take Cash Advances in excess of $500.00 per day. The minimum 
Cash Advance  per  transaction  is  $20.00.  For  Credit Accounts  opened  on  or 
after June 1, 2003, your initial Cash Advance limit will be 10% of your assigned 
Credit Limit. Once your Credit Account has been open and active for a minimum 
of  90  days,  has  two  consecutive  months  of  current  payment  history,  is  not 
currently  delinquent  and  no  payments  have  been  returned  for  the  past  60 
days, your Cash Advance availability may be increased to 50% of the assigned 
Credit Limit. For example, if your Credit Limit is $250.00, your beginning Cash 
Advance  limit  will  be  $25.00  and  may  increase  to  $125.00  once  the  criteria 
above are met.

RECEIVING STATEMENTS, OTHER INFORMATION AND 
COMMUNICATIONS FROM US
Where We Send Statements: We will send Statements and any other notices 
to you at the address shown in our files. If this is a joint Credit Account, we 
can  send  Statements  and  notices  to  either  of  you.  You  agree  to  notify  us 
promptly  of  any  change  in  your  address.  We  may  accept  address  changes 
or  corrections  from  the  United  States  Postal  Service.  We  may  also  mail 
Statements and other communications to you at any address we determine to 
be an address at which you can receive mail. If you elect to receive Statements 
and other communications electronically, we may send those Statements and 
communications as directed by you.
When You Receive Your Statements: We will send you a Statement at the 
end  of  each  monthly  Billing  Cycle  in  which  your  Credit Account  has  a  debit 
or  credit  balance  of  more  than  $1.00,  if  an  INTEREST  CHARGE  has  been 
imposed or if other account activity has occurred. Your Statements will arrive 
around the same time each month, however we reserve the right to change the 
date of your Billing Cycle at any time.

Understanding Your Statement: The Statements we send to you will reflect 
the activity and our INTEREST CHARGES and other charges, costs and fees 
on your Credit Account during the Billing Cycle. They will also show your Total 
Minimum Amount Due and Payment Due Date, which is the date by which we 
must  receive  payment.  The  information  contained  on  the  Statement  will  be 
deemed to be correct unless you advise us in writing of any error within 60 days 
of the date on which we send your Statement. If there are more than one of you 
living at different addresses, we will send the Statements only to the person 
named as the “Applicant” in your application.
Consent to calls and messages using autodialer, prerecorded message 
and artificial voice:  You agree and expressly consent that we and our agents, 
affiliates, contractors, subcontractors, and assignees may call or contact you 
at  any  cellular,  mobile,  home,  work,  or  other  telephone  number,  electronic 
mail address, or other digital or electronic communication terminal, link, point 
or address of any kind whatsoever that (a) you provide or use to contact us, 
(b) we obtain from a third party such as an employer, friend, family member, 
another creditor, or person with whom you have done business, or (c) we obtain 
through  any  legal  means,  including  without  limitation,  a  caller  identification 
system that captures your number.  You expressly consent to receiving calls, 
text  messages  and  other  communications  from  us,  our  agents,  affiliates, 
contractors, subcontractors, and assignees on any number that is assigned to 
a cellular telephone service, wired telephone service, paging service, facsimile 
machine,  specialized  mobile  radio  service,  radio  common  carrier  service, 
internet  protocol  service,  or  other  electronic,  digital  or  analog  service  that  is 
placed through or utilizes an automatic telephone dialing system, artificial voice 
or  pre-recorded  message,  or  any  other  technology,  even  if  you  incur  a  cost 
when we contact you.  You accept responsibility for all costs you incur when 
contacted through any of these means.
Indemnification:  You  agree  to  indemnify  us  for  all  damages,  costs  and 
expenses,  including  reasonable  attorney  fees,  we  incur  when  we  attempt 
to contact you at any third party’s telephone number that you provide to us, 
including any number for which you fail to notify us is no longer associated with 
you as the subscriber. 
E-mail:  By  providing  us  with  your  e-mail  address,  you  consent  to  receive 
correspondence electronically from us and our affiliates and service providers. 
You agree that we may communicate with you by e-mail for any lawful reason.
Other  Communication  Devices:  If  you  provide  us  with  any  other  form  of 
electronic  communication  mechanism,  you  agree  that  we  may  communicate 
with you by that mechanism for any lawful reason.

ABOUT YOUR PAYMENTS
Amount  of  Payment:  You  must  make  Minimum  Payments  on  your  Credit 
Account.  Refer  to  the  Minimum  Payment  provisions  in  the Account  Opening 
Disclosures printed on the card carrier containing your Card for more detailed 
information. Payments made in any Billing Cycle that are greater than the Total 
Minimum Amount Due will not affect your obligation to make the next monthly 
Minimum  Payment.  Each  month  your  Statement  shows  a  New  Balance  you 
must  pay  the  Total  Minimum Amount  Due.  Generally,  credits  to  your  Credit 
Account, such as those generated by merchants, are not treated as payments 
on your Credit Account and will not reduce your Total Minimum Amount Due. 
You have until the Payment Due Date shown on the front of your Statement, 
which is not less than 27 days from the Closing Date, to pay the Total Minimum 
Amount Due.
Applying  Your  Payments:      We  may  apply  your  payment  to  whichever 
balances we choose to the extent it does not exceed the Total Minimum Amount 
Due shown on your Statement.  The amount of your payment in excess of the 
Total Minimum Amount Due will be applied to balances subject to the highest 
APR prior to balances subject to lower APRs.  We may apply your payment to 
principal amounts, INTEREST CHARGES, fees and other charges in any order 
we choose, and we may change the order of application of payments from time 
to time at our discretion.
Availability of Credit: Available credit created as a result of payments posted 
to your Credit Account may not be available for up to 20 days, or even longer if 
circumstances warrant an additional hold, or if we deem ourselves at risk for any 
reason. Your available credit may be limited, from time to time, if you provide 

your  Credit Account  number  or  Card  to  a  merchant  that  processes  advance 
authorizations,  such  as  hotels,  motels  and  car  rental.  Such  an  authorization 
may  limit  your  ability  to  make  Purchases  and  take  Cash Advances  on  your 
Credit Account  until  the  authorization  is  canceled  by  the  merchant  and  your 
available credit is released.
Electronic  Check  Presentment:  When  you  send  us  a  personal  check,  you 
authorize  us  to  either  use  information  from  your  check  to  make  a  one-time 
electronic transfer from your account, or to process the payment as a check 
transaction. If your check is processed electronically, your canceled check will 
not be returned to you by your financial institution. We will retain an image of 
your electronically processed check(s) as required by law. If requested prior 
to the time we are allowed by law to destroy electronically processed checks, 
we will provide you with a copy of your electronically processed check(s) upon 
your  request.  Funds  may  be  withdrawn  from  your  bank  account  as  soon  as 
the day your payment is received. We agree to accept your checking account 
statement  as  proof  of  payment.  The  description  on  your  checking  account 
statement  will  read:  PREMIER  CR  CARD  CHECK-PAYMT,  serial  number  of 
the check, amount of the payment and date of the transaction. If you choose 
to opt out of electronic check presentment, please call our Customer Service 
Department at 1-800-987-5521.
Late Payments: We may accept late payments, partial payments or checks or 
other payment instruments marked to impose terms or conditions of acceptance 
such  as  “paid  in  full”  without  waiving  any  of  our  rights  under  this  Contract, 
and no attempt by you to impose any term or condition of acceptance will be 
effective against us.  Satisfaction of a debt for less than the full amount due or 
imposition of any other term or condition on us requires a written agreement, 
signed by an authorized Bank representative.

DEFAULT PROVISIONS
Events of Default: You will be in default of this Contract if any of the following 
occur on this or any Related Credit Account:

•	 You do not pay at least the Total Minimum Amount Due on your Credit 

Account on or before the Payment Due Date.

•	 You die or become legally incompetent. 
•	 You become insolvent or bankrupt. 
•	 You exceed or attempt to exceed your Credit Limit.
•	 You  provide  us  with  or  have  provided  us  with  false  or  misleading 

information or signatures at any time. 
•	 You fail to comply with this Contract.
•	 You fail to make any payment or perform any promise in any agreement 

or obligation you have with us. 

•	 Any judgment, lien, attachment or execution is issued against you or your 

property. 

•	 You request an excessive number of replacement Cards.
•	 We reasonably believe that you will not pay amounts owed to us for any 

reason.

If  You  Are  In  Default:  Upon  your  default  of  this  Contract,  we  will  have  all 
remedies provided by law including, without limitation, and without prior notice 
or demand, the right to:

•	 Deny use of your Credit Account.
•	 Close or refuse to renew your Credit Account.
•	 Demand the return of your Card(s).
•	 Declare your entire balance immediately due and payable.
•	 Initiate collection activity.
•	 Not replace your Card(s).

Collection Costs: To the extent permitted by law, you must pay all court and 
collection costs, including reasonable attorneys’ fees, the costs of placing your 
Credit Account in the Warning Bulletin and the costs of confiscating your Card, 
that we incur as a result of your default.

CLOSING YOUR CREDIT ACCOUNT
We  May  Suspend  or  Close  Your  Credit Account:  We  may  suspend  your 
Credit Account privileges or permanently cancel and close your Credit Account 
at any time, for any reason.

You May Close Your Credit Account: You may cancel your Credit Account 
at any time by notifying us by telephone or in writing. Even after your Credit 
Account is closed, you remain responsible for paying any amounts you owe 
on the Credit Account according to the terms of this Contract. If this is a joint 
Credit Account, either of you may request that the Credit Account be closed and 
we will honor that request. If your account is billed a Monthly Fee, refer to the 
Account Opening Disclosures included on the credit card carrier for information 
about the billing of the fee when the account is closed. If your account is billed 
an Annual Fee or Monthly Fee, refer to the back of your monthly Statement for 
information on how to avoid the fees.  
Non  Use  Inactivity  Closure:  If  you  have  never  made  a  payment  or  used 
your  Credit Account  for  a  Purchase  or  Cash Advance,  your  Credit Account 
will be automatically closed, and all fees posted to your Credit Account will be 
reversed, when your Credit Account becomes 50 days delinquent (75 days from 
the initial Statement Closing Date if you are a resident of the State of New York).

REFUND DISCLOSURE
Initial Fee Refunds:  The following describes our policy concerning the refund 
of  the  Program  Fee  and  initial  fees  (those  fees  that  are  billed  on  your  first 
statement):

When we will provide a full refund.  We will refund the Program Fee and 
initial fees if you have not made a Purchase or obtained a Cash Advance 
and either of the following are true:

• Your account is closed within 11 days following the payment due 

date shown on your first billing statement; or

• Your account is closed before you pay anything after receiving a 
billing statement.

When we will provide a partial refund.  If your account is closed more 
than 11 days after the payment due date on your first billing statement, 
we will refund the unpaid amount of the outstanding fees even if you have 
made a payment after receiving a billing statement as long as you have 
not made a Purchase or obtained a Cash Advance.  However, we will not 
refund any amount you have previously paid, including the Program Fee 
or any other fees billed to your account.
When we will not provide a refund.  We have no obligation to refund fees 
or interest after you make a Purchase or obtain a Cash Advance following 
receipt of these disclosures.  

We  will  also  refund  any  amount  of  the  Program  Fee  you  have  paid  if  your 
account is not opened within 85 days after we approve your application.
Credit Limit Increase Fee Refunds:  We will refund the Credit Limit Increase 
Fee if you reject the credit limit increase within 30 days after the date of the 
billing statement on which the fee is billed.  This will result in a reversal of the 
credit limit increase.

OTHER TERMS AND CONDITIONS
Severability: If any provision of this Contract is invalid or unenforceable, it shall 
not affect the validity or enforceability of any other provision of this Contract. 
Changing  This  Contract:  We  may  change  this  Contract  from  time  to  time. 
For  example,  we  may  change  your  Credit Account  number  or  the  Minimum 
Payment,  add  new  INTEREST  CHARGES  or  fees,  change  the  ANNUAL 
PERCENTAGE RATE or change the method of computing the balance upon 
which we impose INTEREST CHARGES. We may also make other changes. 
We will notify you in writing of any change if required by law. Contract changes 
will apply to amounts you owe at the time the change is effective and to new 
transactions on your Credit Account, unless otherwise required by law.
Information  Sharing:  The  following  describes  your  agreement  with  us  with 
respect  to  information  sharing.  By  requesting,  obtaining  or  using  a  Credit 
Account  from  us  you  agree  that  we  may  release  information  in  our  records 
regarding you and your Credit Account:

•	 To comply with any properly served subpoena or similar request issued 

by a state or federal agency or court.

•	 To  share  your  credit  performance  with  Consumer  Reporting Agencies 
and  other  creditors  who  we  reasonably  believe  are  or  may  be  doing 
business with you on your Credit Account. 

•	 To  provide  information  on  your  Credit Account  to  any  third  party  who 

we believe is conducting an inquiry in accordance with the Federal Fair 
Credit Reporting Act.

•	 To  share  information  with  our  employees,  agents  or  representatives 

performing work for us in connection with your Credit Account.

•	 To communicate information as to our transactions or experiences with 
you to persons or entities related by common ownership or affiliated by 
corporate control or with any third party (including non-affiliates).
We may also share information such as: (1) information other than our 
own transactions with you with persons or entities related to the Bank 
by common ownership or corporate control; or (2) information on your 
Credit Account with certain companies to provide or offer you selected 
products, services or cardholder benefits. You may direct us not to share 
one or both of these. If this is your request call 1-800-987-5521 or notify us in 
writing at First PREMIER Bank, P.O. Box 5528, Sioux Falls, SD 57117-5528. 
Be sure to include your name, address and Credit Account number. You may 
receive a copy of our information on your Credit Account by writing or calling 
us at the address or telephone number listed above. By requesting or obtaining 
a Credit Account, you authorize us to check your credit history. You authorize 
your employer, bank and any other references listed to release and/or verify 
information to us and our affiliates in order to determine your eligibility for the 
Credit Account and any renewal or future extension of credit. If you ask, you will 
be told whether or not consumer reports on you were requested and the names 
of the Consumer Reporting Agencies, with their addresses, that provided the 
reports. If you designate an Authorized User to use your Card, you understand 
that account information may also be reported to Consumer Reporting Agencies 
in the Authorized User’s name.
No Waiver: Even if we do not exercise any right we may have against you, we 
do not intend to waive that right. We can exercise it against you in the future.
Binding  Effect  Upon  Death  or  Incompetency:  If  we  pay  a  merchant  for  a 
Purchase or post a Cash Advance to your Credit Account before we receive 
actual written notice of your death or incompetence, or if we pay a merchant 
for a Purchase made by you or post a Cash Advance taken by you prior to 
your death or incompetence, that transaction will be a valid and binding Credit 
Account obligation upon you, your estate and your personal representatives.
Our Liability To You: We have no liability to you, other than as placed on us by 
law. We will meet our duty to care for your Credit Account(s) under reasonable 
banking  procedures.  Our  mere  clerical  error  or  honest  mistake  will  not  be 
considered a failure to perform any of our obligations.
Transactions in Foreign Currencies: If you make a transaction in a foreign 
currency,  it  will  be  converted  into  U.S.  dollars,  and  you  agree  to  accept  the 
converted  amount.  Visa  USA,  Inc.  or  Mastercard  International,  Inc.  will  use 
its currency conversion procedures in effect when processing the transaction. 
The currency conversion rate will be a rate selected by Visa or Mastercard, as 
applicable, from the range of rates available in wholesale currency markets for 
the applicable central processing date, which rate may vary from the rate Visa 
or Mastercard itself receives, or the government-mandated rate in effect for the 
applicable central processing date, in each instance, plus a foreign currency 
transaction fee in the amount disclosed on your Account Opening Disclosures 
printed  on  the  card  carrier  containing  your  Card. This  fee  will  be  paid  to  us 
and  applied  to  all  transactions  posted  to  your  Credit  Account  in  a  foreign 
currency, including all Purchase transactions, Cash Advance transactions, ATM 
transactions and returns and adjustments (e.g., for returned merchandise). The 
currency conversion rate used on the processing date may be different than the 
rate that was in effect on the date you conducted the transaction. We do not 
set the currency conversion rate, and we do not receive any portion of it. We 
do, however, receive a foreign currency transaction fee as disclosed on your 
Account Opening Disclosures printed on the card carrier containing your card.
Prohibition  on  Gambling  and  Illegal  Transactions:  Your  Card  and  Credit 
Account may not be used in connection with any gambling transaction (whether 
legal or illegal). Also, your Card and Credit Account may be used only for valid 
and lawful purposes. If you use, or allow someone else to use your Card or 
Credit Account for any unlawful purpose or for any gambling transaction, you 
will be responsible for such use and may be required to reimburse us for all 
amounts or expenses we pay as a result of such use.