PRIVATE CLIENT 
SERVICES

BANKMILES
VISA® PLATINUM

AGREEMENT AND
DISCLOSURE

demand. If the prospect of payment or performance is significantly impaired, 
all  amounts  outstanding  will  also  be  in  default.  If  you  miss  a  payment  or 
break  one  of  your  promises  under  this  Agreement  or  make  any  false  or 
misleading  statements  on  your  application,  we  can  require  payment  of  the 
entire outstanding balance. Events which may indicate to us that the prospect 
of  payment  on  this  account  is  impaired  are  events  such  as  your  mental 
incompetency,  adjudication  of  insanity,  bankruptcy  filing,  collection  efforts 
against  you  by  other  creditors  or  your  failure  to  pay  us  on  other  accounts 
you have with us. If these events, or others occur, and we should reasonably 
believe you are unable to pay us then the account will be placed in default.

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

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

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

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

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

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

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

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

You may cancel your account by writing us at BankCard Division, P.O. Box 
29,  Columbia  SC  29202.  Of  course,  if  your  account  is  cancelled,  you  are 
required to pay everything you owe us including any amounts that have not 

been billed to you at the time of cancellation. You must also return all cards 
we have given you.

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

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

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

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.

Form	506	(Rev.	06/12)
PRIVATE	CLIENT	SERVICES	

F03-L789-9 -0612

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

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

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

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

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

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

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

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

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

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

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

LATE PAYMENT FEE. If a payment is not made in full within 10 days after its 
due	date,	you	agree	to	pay	a	late	payment	fee	of	the	greater	of	$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 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	$500,000	travel	
insurance anytime you use your Platinum 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.

Monthly 
Periodic Rate 
*See Below 

ANNUAL 
PERCENTAGE RATE
Prime + 6%  

Card Type 
Private Client 
Services BankMiles 
Visa Platinum 
*Private  Client  Services  BankMiles  Visa  Platinum:  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 six percent 
(6.00%).	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	
6.00%	and	divide	by	12.	To	show	how	this	formula	works,	on	June	1,	
2012,  The  Wall  Street  Journal  Prime	 Rate	 was	 3.25%.	 You	 add	 6.00%	
and  arrive  at  the  ANNUAL  PERCENTAGE  RATE	 of	 9.25%.	 To	 figure	 the	
Monthly	Periodic	Rate,	divide	the	9.25%	ANNUAL PERCENTAGE RATE by 
12	and	your	Monthly	Periodic	Rate	is	0.77%.	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