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.

IMPORTANT 

INFORMATION  REGARDING 

NOTICE: 
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.

VISA® GOLD

BANKMILES 
VISA® GOLD

PrIVAtE BANKING 
GrOuP® VISA® GOLD

AGrEEMENt AND 
DIScLOSurE

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.	06/10)

GOLD 

F03-G908-7 -0610

	
	
	
	
	
 
 
	
 
	
 
	
 
 
	
	
 
	
 
 
 
 
 
 
 
 
VISA® GOLD
BANKMILES VISA® GOLD
PRIVATE BANKING GROUP VISA® GOLD 
AGREEMENT AND DISCLOSURE
Thank you for opening your First Citizens Gold account with us. This Visa® 
Gold	/	BankMiles	Visa®	Gold	/	Private	Banking	Group	Visa®	Gold	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	$6.80	or	5%	
of the unpaid amount of your payment, not to exceed $17.00. 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 $400,000 travel 
insurance anytime you use your Gold account to purchase travel tickets. This 
common carrier travel insurance is furnished at no cost to you, the cardholder.

GRACE PERIOD; PAYING INTEREST. Your due date for payments is at least 
25	days	after	the	close	of	each	billing	cycle.		This	means	that	we	will	not	charge	
you interest on purchases if you pay your entire balance by the due date each 
month.

INTEREST CHARGES AND ANNUAL PERCENTAGE RATE. We will charge 
you an interest charge on every purchase or cash advance you make beginning 
on the date you make the purchase or cash advance, or from the first day of 
your billing cycle, whichever date is later. We use the average daily balance 
method (including current transactions) to figure the interest on your account:

1.   We figure the interest charge on your account by applying the periodic rate 
to the “average daily balance” of your account.  To get the “average daily 
balance” we take the beginning balance of your account each day, add any 
new purchases or advances, and subtract any payments or credits.  This 
gives us the daily balance.  Then, we add up all the daily balances for the 
billing cycle and divide the total by the number of days in the billing cycle.  
This gives us the “average daily balance.”

2.	 We	multiply	your	average	daily	balance	by	the	Monthly	Periodic	Rate	listed	
below. The sum of this calculation is the total interest charge for the month.

Card Type 
Visa Gold 

BankMiles Visa 
Gold

Private Banking  
Group Visa Gold

Monthly 
Periodic Rate 
*See Below 

*See Below 

ANNUAL
PERCENTAGE RATE
Prime + 4.90%

Prime + 6.50% 

*See Below 

Prime + 1.75% 

*Visa  Gold,  BankMiles  Visa  Gold  and  Private  Banking  Group  Visa 
Gold:  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  four  and  nine-tenths  percent  (4.90%)  for  Visa  Gold, 
six	and	one-half	percent	(6.50%)	for	BankMiles	Visa	Gold,	and	one	and	
three-quarters	percent	(1.75%)	for	Private	Banking	Group	Visa	Gold.	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	
4.90%	for	Visa	Gold,	6.50%	for	BankMiles	Visa	Gold,	and	1.75%	for	Private	
Banking  Group  Visa  Gold,  and  divide  by  12.  To  show  how  this  formula 
works, on June 1, 2010, The Wall Street Journal	Prime	Rate	was	3.25%.	
You add 4.90% for Visa Gold and arrive at the ANNUAL PERCENTAGE 
RATE	 of	 8.15%.	 To	 figure	 the	 Monthly	 Periodic	 Rate,	 divide	 the	 8.15%	
ANNUAL PERCENTAGE RATE	by	12	and	your	Monthly	Periodic	Rate	is	
0.68%.	For	BankMiles	VISA	Gold,	add	6.50%	and	arrive	at	the	ANNUAL 
PERCENTAGE  RATE	 of	 9.75%.	 To	 figure	 the	 Monthly	 Periodic	 Rate,	
divide	the	9.75%	ANNUAL PERCENTAGE RATE by 12 and your Monthly 
Periodic	Rate	is	0.81%.	For	Private	Banking	Group	Visa	Gold,	add	1.75%	
and arrive at the ANNUAL PERCENTAGE RATE	of	5.00%.	To	figure	the	
Monthly	Periodic	Rate,	divide	the	5.00%	ANNUAL PERCENTAGE RATE 
by	12	and	your	Monthly	Periodic	Rate	is	0.42%.	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.

ANNUAL FEE. A non-refundable annual fee will be charged to your account 
per year as follows: 

  BankMiles Visa Gold.	$0	in	first	year.	Thereafter	$45	per	year.

COLLECTION COSTS. You agree to pay all court costs and collection costs, 
including	reasonable	attorney’s	fees	not	to	exceed	15%	of	the	unpaid	balance	
of your account if we are forced to take collection action.

DEFAULT PROVISIONS - ENTIRE BALANCE DUE. If a payment is not made 
within	ten	(10)	days	of	its	due	date,	we	may	give	you	notice	of	your	Right	to	Cure	
the default within twenty (20) days after the notice is sent. If you fail to cure the 
default or if you cure the default after the notice is sent but later default within 
twelve  (12)  months  on  a  future  payment,  we  may  terminate  the  Agreement 
and declare the entire balance due and payable without notice or demand. If 
the prospect of payment or performance is significantly impaired, all amounts 
outstanding will also be in default. If you miss a payment or break one of your 
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