D.  Cardholder shall not use the Card or permit the use of Related Cards 
to obtain Credit Purchases or Loans, which will increase cardholder’s 
indebtedness to Issuer to an amount in excess of the limit established 
by Issuer.

E.  All Credit Purchases and Loans are affected at the option of the Seller 
and  Cash  Advancing  Financial  Institution  respectively,  and  Issuer 
shall not be responsible for refusal by any Seller or Cash Advancing 
Financial  Institution  to  honor  the  Card  or  any  Related  Card.  Any 
refund, adjustment or credit allowed by Seller shall not be by cash 
but  rather  by  a  credit  advice  to  Issuer  which  shall  be  shown  as  a 
credit on Cardholder’s account statement with Issuer.

F. 

Issuer  will  send  to  Cardholder,  at  monthly  intervals  determined  by 
Issuer,  a  statement  reflecting  for  the  prior  monthly  period  all  Card 
and  Related  Card  transactions.  Such  statement  shall  be  deemed 
correct and accepted by Cardholder and all holders of Related Cards 
unless Issuer is notified to the contrary in writing within 60 days of 
mailing  of  such  statement.  Cardholder  will  pay  such  statement  by 
remitting to Issuer within 25 days of the closing date reflected on the 
statement either the full amount billed or, at Cardholder’s option, an 
installment equal to at least the required minimum payment stated in 
Section 5.

G.   Interest on Loans and Credit Purchases will be charged in accordance 
with the interest charge calculation method referred to in Section 1. 
The rate of interest shall be established by Issuer from time to time, 
but  shall  never  exceed  the  maximum  rate  permitted  by  law.  The 
current  interest  rate  per  annum  is  the  Annual  Percentage  Rate  set 
forth in Section 1.

H. 

If  the  card  is  canceled  or  surrender  is  demanded  by  Issuer  or  if 
Cardholder  defaults  in  any  payment  due,  or  is  deceased,  bankrupt 
or  insolvent,  or  any  attachment  or  garnishment  proceedings  are 
initiated  against  Cardholder  of  his  property,  Issuer  may  elect  to 
declare  all  amounts  then  owed  to  Issuer  to  be  immediately  due 
and  payable  without  notice  or  demand  of  any  kind.  If  Cardholder 
has  other  loans  from  Issuer,  or  takes  out  other  loans  with  Issuer 
in  the  future,  collateral  securing  those  loans  will  also  secure  the 
Cardholder’s obligations under this agreement. However, unless the 
Cardholder expressly agrees otherwise, the Cardholder’s household 
goods  and  dwelling  will  not  secure  Cardholder’s  obligations  under 
this  agreement  Cardholder’s  indebtedness  or  in  enforcing  this 
agreement,  including  reasonable  attorney’s  fees  and  also  those 
costs, expenses and attorney’s fees incurred in appellate, bankruptcy 
and  post-judgment  proceedings,  except  to  the  extent  such  costs, 
fees or expenses are prohibited by law.

I.  This  agreement  may  be  amended  from  time  to  time  by  Issuer,  by 
written  notice  mailed  to  Cardholder  at  Cardholders  last  known 
address.

J.  Except  to  the  extent  that  Federal  law  is  applicable,  the  validity, 
construction and enforcement of this agreement all matter’s arising 
out of the issuance and use of the Card shall be governed by the laws 
of the state in which the principal office of Issuer is located.

K.  Additional  charges,  plus  applicable  taxes,  may  also  be  assessed  if 
you  pay  us  with  a  check  not  honored  by  your  financial  institution, 
request  a  copy  of  a  document,  or  use  your  card  for  a  transaction 
at an automated teller machine, if such charges are not prohibited 
by  law  or regulation. No Interest Charge will be assessed on such 
additional charges.

L. 

If it is believed that the Card has been lost or stolen or used in an 
unauthorized manner, the Cardholder shall contact Issuer AT ONCE, 
in order to minimize possible losses. In most cases, the Cardholder 
will  not  be  liable  for  any  unauthorized  transactions  unless  it  is 
determined that the Cardholder was grossly negligent or fraudulent 
in  the  handling  of  the  Card.  Notification  can  be  made  orally  or  in 
writing at:

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:

Credit Card Security Department
PO Box 182477
Columbus, OH 43218-2477

M.  Cardholder  agrees  that  Issuer,  its  agents  or  service  companies 
may  monitor  and  /  or  record  any  telephone  communications  with 
Cardholder.

N.  Payments  must  be  made  to  the  Issuer  in  U.S.  dollars  drawn  on 
a  U.S.  Financial  Institution.  If  Cardholder  incurs  charges  in  any 
other currency, the charges will be converted into U.S. dollars. The 
exchange  rate  for  transactions  in  a  foreign  currency  will  be  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, or the government 
mandated rate in effect for the applicable central processing date. All 
transactions in foreign countries will be subject to a 1% conversion 
or processing fee.

O. 

P. 

Issuer  shall  have  sole  discretion  in  how  payments  are  applied  to 
cardholder’s  account.  Issuer  may  accept  checks  marked  “Payment 
in Full” or with words of similar effect without losing any of Issuer’s 
rights to collect the full balance of Cardholder’s account.

Issuer can reinvestigate and reevaluate any information Cardholder 
provided  on  Cardholder’s  credit  application  at  any  time,  and  in 
the  course  of  doing  so,  Issuer  may  ask  Cardholder  for  additional 
information, request credit bureau reports and / or otherwise verify 
Cardholder’s current credit standing.

Q.  Cardholder  agrees  that  Issuer  may  re-release  information  to 
others, such as credit bureaus, regarding the status and history of 
Cardholder’s account. However, Issuer is not obligated to release any 
such information to anyone unless Issuer is required by law to do so.

R.  R. Cardholder agrees that Cardholder’s account shall be subject to 
all applicable rules and regulations of VISA U.S.A. Inc., as applicable, 
as  well  as  all  applicable  laws.  If  there  is  any  conflict  between  the 
provisions of this Agreement and the rules and regulations of VISA 
U.S.A. Inc. the rules and regulations of VISA U.S.A shall control. Your 
Card may not be used for any illegal transaction(s).

S.   Cardholder  agrees  to  pay  to  Issuer  an  annual  membership  fee  (as 
stated  in  Number  4)  for  participation  in  the  Issuer’s  credit  card 
plan.  Such  annual  membership  fee  shall  be  imposed  whether  or 
not Cardholder uses the card to obtain credit purchases and loans. 
The  membership  fee  shall  be  charged  to  Cardholder’s  account 
each  year  in  the  month  of  Issuer’s  choice.  The  membership  fee  is 
not refundable in the event of termination of the account by either 
Cardholder or Issuer unless otherwise provided for by law.

Customer Service
PO Box 182477
Columbus, OH 43218-2477

In your letter, give us the following information:
	  

Account Information: Your name and account number.

  Dollar amount: The dollar amount of the suspected error.
  Description of problem: If you think there is an error on your 
bill, describe what you believe is wrong and why you believe 
it is a mistake. You must contact us:

  Within 60 days after the error appeared on your statement.
  At least 3 business days before an automated payment 
is  scheduled,  if  you  want  to  stop  payment  on  the 
amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but 
if you do we are not required to investigate any potential errors and you 
may have to pay the amount in question.

What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:

1.  Within  30  days  of  receiving  your  letter,  we  must  tell  you  that 
we  received  your  letter.  We  will  also  tell  you  if  we  have  already 
corrected the error.

2. Within 90 days of receiving your letter, we must either correct the 

error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error:

	   We cannot try to collect the amount in question, or report you 

as delinquent on that amount.

 

The charge in question may remain on your statement, and 
we may continue to charge you interest on that amount.

	   While you do not have to pay the amount in question, you are 

responsible for the remainder of your balance.

	   We can apply any unpaid amount against your credit limit. After 

we finish our investigation, one of two things will happen:

  If  we  made  a  mistake:  You  will  not  have  to  pay  the 
amount in question or any interest or other fees related 
to that amount.

  If we do not believe there was a mistake: You will have 
to  pay  the  amount  in  question,  along  with  applicable 
interest and fees. We will send you a statement of the 
amount you owe and the date payment is due. We may 
then  report  you  as  delinquent  if  you  do  not  pay  the 
amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must 
write to us within 10 days telling us that you still refuse to pay. If you do 
so, we cannot report you as delinquent without also reporting that you 
are questioning your bill. We must tell you the name of anyone to whom 
we reported you as delinquent, and we must let those organizations know 
when the matter has been settled between us.

3068860

 
 
 
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:

Customer Service
PO Box 182477
Columbus, OH 43218-2477

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.

DISCLOSURES REQUIRED BY FEDERAL LAW

1. 

INTEREST CHARGES:

A) Calculation Methods:

a.  Cash  Advance:  A  (see  the  calculation  method  descriptions 

below)

b.  Credit Purchases: G (see the calculation method descriptions 

below)

B) Periodic Rates used to compute INTEREST CHARGES:

  a. Cash Advance: 1.50% per month – Corresponding ANNUAL 

PERCENTAGE RATE – 18.00%.

  b.  Credit  Purchases:  .83%  per  month  –  Corresponding 

ANNUAL PERCENTAGE RATE – 9.99%.

c.  For  Cash  Advances  obtained  over  the  counter  equal  to  or 
greater  than  $2.00,  an  INTEREST  CHARGE  equal  to  the 
greater of $5.00 or 3% of the cash advance will be imposed. 
For cash advances obtained at an Automatic Teller Machine 
(ATM) equal to or greater than $2.00 an INTEREST CHARGE 
equal to the greater of $5.00 or 3% of the cash advance will 
be  imposed.  A  transaction  fee  may  also  be  imposed  by  an 
ATM operator, not holding your account, or by any national, 
regional  or  local  network  used  to  complete  a  cash  advance 
transaction.

2.  MINIMUM  INTEREST  CHARGE:  If  you  are  charged  interest,  the 

charge will be no less than $2.00.

3.  OVER THE LIMIT CHARGES: No Over the Limit Charges apply to your 

account. 

4.  ANNUAL  FEE:  A  non-refundable  Annual  Fee  of  $35.00  shall  be 

charged to your account.

5.  MINIMUM  PAYMENT:  The  minimum  payment  required  is  the  New 
Balance shown on your statement if the amount is equal to or less 
than  $100.00.  If  the  New  Balance  exceeds  $100.00,  the  minimum 
payment is 10.00% of that portion of the New Balance which does 
not  exceed  your  credit  limit  (rounded  up  to  the  nearest  dollar),  or 
$100.00,  whichever  is  greater,  plus  the  entire  portion  of  the  New 
Balance in excess of your credit limit, plus any amount past due.

6.  LATE FEES: If the minimum required payment is not received within 
10 days after the Closing Date subsequent to the payment Due Date, 
a late charge of up to $35.00 may be imposed.

7.  RETURNED PAYMENT FEES: If a payment you make on your account 
is returned for any reason, a returned payment fee of up to $35.00 
may be imposed.

8.  The only INTEREST CHARGES assessed on your account other than 
those  assessed  by  a  periodic  rate,  will  be  transaction  INTEREST 
CHARGES  in  connection  with  Cash  Advances,  or  International 
Transaction  Fees  (i.e.  cross-border  and  /  or  currency  conversion 
fees)  of  up  to  1%  which  may  qualify  as  an  INTEREST  CHARGE 
(see  item  N.  below),  if  part  of  your  plan.  Transaction  INTEREST 
CHARGES for each Cash Advance will be imposed on the date the 
Cash Advance was posted to your account. No grace period applies 
on any transaction INTEREST CHARGE imposed for Cash Advances.

9.  Documentary  stamp  taxes  as  may  be  required  by  law  shall  be 

imposed on each Cash Advance at the time the loan is made.

10.  If  the  Cardholder  is  eligible  and  elects  to  participate  in  the  group 
credit  life,  disability  and  loss  of  income  insurance  program  by 
signing  the  appropriate  enrollment  forms,  insurance  charges  will 
be posted to the Cardholder’s account each statement period at the 
rate disclosed in the separate disclosures enclosed based upon the 
New  Balance  on  the  account  (including  accrued  Interest  Charges) 
for each statement period. CREDIT LIFE, DISABILITY AND LOSS OF 
INCOME INSURANCE IS VOLUNTARY AND IS NOT REQUIRED AS A 
CONDITION  TO  CARDHOLDER’S  PARTICIPATION  IN  THIS  CREDIT 
PLAN.

11.  If you have other loans or credit extensions from First International 
Bank & Trust (FIBT), or take out other loans or credit extensions with 
FIBT in the future, collateral securing those loans or credit extensions 
will  also  secure  your  obligations  under  this  agreement.  However, 
unless  you  expressly  agree  otherwise,  your  household  goods  and 
dwelling will not secure your obligations under this agreement even 
if  FIBT  has,  or  later  acquires  a  security  interest  in  the  household 
goods or a mortgage on the dwelling. If you have executed a written 
agreement  granting  a  security  interest  in  any  deposit  accounts 
(checking or savings accounts) or other funds held by FIBT to secure 
your obligations under this credit card plan, such accounts and / or 
funds are additional security for your obligations to FIBT arising from 
the use of your Card.

PERIODIC INTEREST CHARGE CALCULATION METHODS

The period Interest Charge Calculation Method applicable to your account 
for Cash Advances and Credit Purchases of goods and services that you 
obtain through the use of your Card is specified in Number 1 above and 
explained below:

METHOD A: Average Daily Balance (including current transactions). The 
Interest  Charge  on  purchases  begins  from  the  date  the  transaction  is 
posted to your account and the Interest Charge on cash advances begins 
from the date you obtained the cash advance, or the first day of the billing 

cycle in which it is posted to your account, whichever is later. There is 
no grace period. The Interest Charges for a billing cycle are computed by 
applying the monthly 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 cash advances, and 
subtract any payments, credits, non-accruing fees, and unpaid interest 
charges.  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.

METHOD  G:  Average  Daily  Balance  (including  current  transactions). 
To  avoid  incurring  an  additional  Interest  Charge  on  the  balance  of 
purchases  (and  cash  advances,  if  Method  G  is  specified  as  applicable 
to  cash  advances)  reflected  on  your  monthly  statement  and,  on  any 
new  purchases  (and  if  applicable,  cash  advances)  appearing  on  your 
next monthly statement, you must pay the New Balance, shown on your 
monthly statement, on or before the Payment Due Date. The grace period 
for  the  New  Balance  of  purchases  extends  to  the  Payment  Due  Date. 
The  Interest  Charges  for  a  billing  cycle  are  computed  by  applying  the 
monthly Periodic Rate to the “average daily balance” of purchases (and if 
applicable, cash advances). To get the average daily balance, we take the 
beginning balance of your account each day, add any new purchases or 
cash advances, and subtract any payments, credits, non-accruing fees, 
and unpaid finance charges. 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.

ACCOUNT AGREEMENT

The person (“Cardholder”) whose name is embossed on the face of the 
(“Card”) enclosed herewith, and each Cardholder, in the event more than 
one  Card  is  enclosed  herewith  bearing  the  same  account  number,  by 
signing or using said Card, receipt of which is acknowledged, agrees with 
the Issuer of the Card – First International Bank & Trust – as follows:

A.  Goods  and  services  (“Credit  Purchases”)  may  be  purchased  or 
leased by means of such card by Cardholder from any retail Business 
establishment  (“Seller”)  who  honors  same  upon  the  execution 
of  a  sales  slip  evidencing  such  Credit  Purchases  and  bearing  the 
account number of Cardholder embossed on the face of such Card. 
Additionally, Cash Advances (“Loans”) may be obtained through use 
of such Card upon execution of a written request of Cardholder in a 
form furnished to Cardholder from any financial institution that is a 
member, alone or in association with others, of VISA U.S.A. Inc.

B.   Cardholder  shall  be  liable  and  agrees  to  pay  Issuer  for  Credit 
Purchases made by, or for Loans extended to, Cardholder or anyone 
else  using  such  Card  unless  the  use  of  such  Card  is  by  a  person 
other  than  the  Cardholder  (a)  who  does  not  have  actual,  implied 
or apparent authority for such use, and (b) from which Cardholder 
receives  no  benefit.  Additionally,  Cardholder  shall  be  jointly  and 
severally liable and agrees to pay for all Credit Purchases and Loans 
obtained  through  the  use  of  any  other  Card  bearing  Cardholder’s 
account number that has been issued to another person by reason 
of such person being a member of Cardholder’s family, or otherwise 
issued upon Cardholder’s request (all such Cards bearing the account 
number hereinafter collectively called “Related Cards”).

C.  Each Card is the property of Issuer, is not transferable and must be 
surrendered upon demand. It can be canceled as well as repossessed 
by Issuer or its designee, and the privileges thereof revoked, at any 
time without prior notice.