Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) for Purchases 

7.99% to 13.99% when you open your account, based on 
your credit worthiness. 

APR for Balance 
Transfers 

This APR will vary with the market based on the Prime Rate.  
Margins range from 4.74% to 10.74%. 
7.99% to 13.99% when you open your account, based on your credit 
worthiness. 

This APR will vary with the market based on the Prime Rate. 
Margins range from 4.74% to 10.74%. 
16.99% 

This APR will vary with the market based on the Prime Rate. 
The margin 13.74%. 
21.99% 

This APR may be applied to your account if you make your 

minimum payment sixty (60) days late. 

How Long Will the Penalty APR Apply?:  If your APRs are 
increased for the reason above, we may keep them at this 
higher level until you have made six (6) consecutive monthly 
minimum payments on time. 

Your due date is 26th day of each calendar month.  We will not 
charge you interest on purchases if you pay off the entire balance 
shown on your billing statement by the due date each month.  
To learn more about factors to consider when applying for a credit 
card, visit the website of the Federal Reserve Board at: 
http://www.federalreserve.gov/creditcard 

APR for Cash Advances 

Penalty APR and When it 
Applies 

How to Avoid Paying 
Interest on Purchases 

For Credit Card Tips 
from the Federal Reserve 
Board 

Fees 

Transaction Fees 

•  Cash Advance 

Either $5 or 3% of the amount of each transfer, whichever is greater 

•  Foreign Transaction 

3% of each transaction, to be paid in U.S. dollars 

Penalty Fees 

•  Late Payment 

$15 if balance is $100 or less; 
$25 if balance is more than $100 but does not exceed $250; 
$35 if balance is more than $250 

•  Returned Payment 

$10 

How We Will Calculate Your Balance:  We use a method called “average daily balance 
(including new purchases).”  See your account agreement for more details. 

Billing Rights:  Information on your rights to dispute transactions and how to exercise those 
rights is provided in your account agreement. 

Page 1 

 
 
 
 
 
 
 
 
 
KEMBA FINANCIAL CREDIT UNION 
VISA PLATINUM TERMS AND CONDITIONS 
AND BILLING RIGHTS NOTICE 
RETAIL INSTALLMENT CREDIT AGREEMENT 

I. VISA TERMS AND CONDITIONS  

These  Terms  and  Conditions  and  Notice  (“Agreement”),  the  card  carrier  we  send  with  your  Card,  any 
documents accompanying your Card, and the application you signed or otherwise submitted govern the use 
of your VISA credit card account (“Account”). The card carrier, accompanying documents, and application 
are part of and incorporated into this Agreement. The word Card means a single VISA card or two or more 
VISA cards and any renewal or substitutes issued for the Card. The words you, yours, and Holder mean the 
applicant(s)  and  anyone  else  the  applicant(s)  permits  to  use  the  Card.  The  words  we,  us,  our,  and  Issuer 
mean KEMBA Financial Credit Union, and its successors or assignees.  

1.  Use  of  Card.  You  can  use  your  Card  to  buy  or  lease  goods  and  obtain  services  or  insurance 
(“Purchases”)  wherever  the  Card  is  honored  and  to  get  instant  cash  loans  (“Cash  Advances”)  from  any 
financial institution that accepts the Card. You will owe us for all Purchases and Cash Advances charged 
by  the  use  of  the  Card,  plus  any  other  charges  (“Debits”)  to  your  Account  made  under  the  terms  of  this 
Agreement, plus any finance charges, all payable in U.S. dollars and as required by this Agreement. The 
Card  shall  remain  the property  of Issuer,  who  may  at  any  time  revoke  its  use  and demand  its  immediate 
surrender pursuant to Section 18 of this Agreement. You agree not to use your Card for any transaction that 
may be illegal, or any transaction in connection with Internet gambling.  

2.  Balance  Transfers.  You  may  use  your  Card  or  Account  to  transfer  balances  from  other  credit  card 
accounts to this Account (“Balance Transfers”) by means (including balance transfer forms) we may make 
available from time to time. You may not transfer balances from any other account you have with us.  

3. Credit Line. Your Credit Line is listed on Page 1 of your Account Details Disclosure. Your Credit Line 
may  be  changed  from  time  to  time  and  your  current  Credit  Line  will  be  listed  on  your  monthly  billing 
statement. We will not authorize Purchases, Balance Transfers, or Cash Advances that cause your account 
to exceed your Credit Line.  

4.  Statements  and  Payments.  If  you  have  a  balance  or  activity  on  your  Account,  we  will  send  you  a 
monthly  statement  that  will  show,  separately,  your  Purchases/Debits  Account,  your  Cash  Advance 
Account, Balance Transfers Account, finance charges to your Account, the minimum payment due, and the 
date the payment is due. You can pay all of your outstanding balance on your Card at any time, but you 
must  make  at  least  a  minimum  payment  of  2.5%  of  your  Account  balance  or  $10  (whichever  is  greater) 
plus any amount in excess of your Credit Line and any past due amount, within 21 days of the date of each 
monthly statement. You agree to mail your payments to the address shown on your statement. You will be 
charged  a  late  charge  if  a  minimum  payment  is  not  made  before  the  29th  day  of  any  calendar  month  in 
which a payment is due. This late charge will be $15 if your Account balance is $100 or less, $25 if your 
Account  balance  is  more  than  $100  but  not  exceeding  $250,  and  $35  if  your  Account  balance  exceeds 
$250.  If  any  check  or  any  instrument  given  for  payment  on  the  Account  is  dishonored  for  any  reason,  a 
return payment fee in the amount of $10 will be imposed. Payments received in excess of your minimum 
payment amount on your Account will be applied to the balances with the highest APR unless the balance 
is part of a promotional offer where no interest is being charged.  

5.  FINANCE  CHARGES  on  Purchases/Debits.  If  you  pay  your  entire  balance  for  Purchases/Debits 
within  21  days  of  the  date  of  the  first  statement  showing  such  charges  and  any  previous  balances,  no 
finance charges are incurred for such Purchases/Debits. If that balance is not paid in full within the required 
time,  a  finance  charge  will  be  added  to  your  Purchases/Debits  from  the  first  day  of  the  billing  cycle 
following the purchase date until they are paid in full, calculated this way: We take the beginning balance 
of  your  Purchases/Debits  each  day,  and  subtract  any  payments,  credits,  and  unpaid  finance  charges 
attributable to the balance for Purchases/Debits. That gives us the daily balance for your Purchases/Debits. 

Page 2 

We then add up all the daily balances for the billing cycle and divide them by the number of days in the 
billing cycle. We multiply the average daily balance by the daily periodic rate times the number of days in 
the billing cycle.  

6. FINANCE CHARGES on Cash Advances. You will pay a FINANCE CHARGE on Cash Advances 
from  the  date  the  advance  is  made  until  the  advance  is  paid  in  full,  computed  as  follows:  We  take  the 
beginning balance of your Cash Advances each day, add any new Cash Advances charged on that day, and 
subtract any payments, credits, and unpaid finance charges attributable to the balance for Cash Advances. 
That  gives  us  the  daily  balance  for  your  Cash  Advances.  We  then  add  up  all  the  daily  balances  for  the 
billing  cycle  and  divide  them  by  the  number  of  days  in  the  billing  cycle.  We  multiply  the  average  daily 
balance by the daily periodic rate times the number of days in the billing cycle.  

7.  FINANCE  CHARGES  on  Balance  Transfers.  You  will  pay  a  FINANCE  CHARGE  on  Balance 
Transfers from the date the transfer is made until the Balance Transfer amount is paid in full, computed as 
follows:  We  take  the  beginning  balance  of  your  Balance  Transfers  each  day,  add  any  new  Balance 
Transfers charged on that day, and subtract any payments, credits, and unpaid finance charges attributable 
to the balance for Balance Transfers. That gives us the daily balance for your Balance Transfers. We then 
add  up  all  the  daily  balances  for  the  billing  cycle  and  divide  them  by  the  number  of  days  in  the  billing 
cycle.  We  multiply  the  average  daily  balance  by  the  daily  periodic  rate  times  the  number  of  days  in  the 
billing cycle.  

8. Transaction Fee FINANCE CHARGE on Cash Advances. You will pay a Cash Advance fee 
FINANCE CHARGE for each cash advance equal to 3.00% of the amount advanced, but in no event will 
the cash advance fee be less than $5.  

9.  Periodic  Rate  for  Purchases  (Standard  APR).  The  daily  periodic  rate  of  your  account  and 
corresponding APR for purchases for each billing cycle will be the sum of (i) the Prime Interest Rate 
(“Index”) as quoted in the Money Rates Table of The Wall Street Journal on the 20th business day of 
the  previous  month  and  (ii)  the  margin—which  ranges  from  4.74%  to  10.74%,  divided  by  365  and 
rounded up to two decimal places, with a maximum APR of 25%, (Standard APR). Any changes to the 
Index will be effective on the first day of the next billing cycle and will apply to new Purchases/Debits 
and  to  the  outstanding  balance  of  your  Account.  If  the  daily  periodic  rate  (and  corresponding  APR) 
increases, the amount of the finance charge and the minimum payment due may increase. If The Wall 
Street Journal ceases publication, we will select a new index and notify you of the change. 

10. Periodic Rate for Cash Advances. The daily periodic rate and corresponding APR for Cash Advances 
for each billing cycle will be the sum of (i) the Prime Interest Rate (“Index”) as quoted in the Money 
Rates Table of The Wall Street Journal on the 20th business day of the previous month and (ii) 13.74%, 
divided by 365 and rounded up to two decimal places, with a maximum APR of 25%. Any changes to 
the  Index  will  be  effective  on  the  first  day  of  the  next  billing  cycle  and  will  apply  to  new  Cash 
Advances and to the outstanding Cash Advance balance of your Account. If the daily periodic rate (and 
corresponding APR) increases, the amount of the finance charge and the minimum payment due may 
increase. If The Wall Street Journal ceases publication, we will select a new index and notify you of the 
change. 

11. Periodic Rate for Balance Transfers. The daily periodic rate for Balance Transfers for each billing 
cycle  will  be  the  Standard  APR  divided  by  365.  Your  periodic  rate  for  Balance  Transfers  is  listed  on  
Page 1 of your Account Details Disclosure.  

12. Interest Rate. Your initial interest rate is found on Page 1 of your Account Details Disclosure.  

13. Delinquency Rate. If your minimum payment is 60 days or more late a higher daily periodic rate 
("Delinquency Rate") may apply to the existing balance on your Account and to all new Purchases, Cash 
Advances and Balance Transfers beginning with the first day of the next billing period. The daily periodic 
Delinquency Rate for a billing period is 0.060247% (21.99% APR).  This Delinquency Rate will remain in 

Page 3 

effect until you have made six (6) consecutive payments on time.  When you have made six (6) consecutive 
payments on time, the rate will revert to your Standard Rate. 

14. Annual Fee. None  

15. Default. You will be in default and we can demand immediate payment of the full balance due on your 
Account  and  cancel  your  Card  if  you  do  not  pay  an  installment  on  time,  die,  file  bankruptcy,  become 
insolvent,  exceed  your  Credit  Line  without  permission  or  have  given  us  false  or  incomplete  information 
when you applied for your Card. Following your default, we will have all rights the law allows, including 
the right to cancel your Account and to accelerate payment of all amounts owing on your Account (that is, 
we  may  declare  all  amounts  owing on  your  Account  to be  due  and payable  immediately  or  according  to 
such  accelerated  payment  schedule  as  we  require).  Unless  required  by  law,  we  may  take  any  of  these 
actions  without  notice  to  you.  If  we  have  to  refer  collection  of  the  Account  to  an  attorney  or  have  to 
determine  the  non-dischargeability  of  the  debt  in  bankruptcy  court,  you  will  be  responsible  for  our 
reasonable  attorneys’  fees  and  any  court  costs,  if  allowed  by  law.  If  we  accelerate  payment  of  your 
Account, the unpaid principal balance of your Account will bear interest until it is paid in full at a fixed rate 
equal to the annual percentage rate in effect on the date of acceleration.  

16. Security Agreement. You agree, as a condition of this Account, to grant us a security interest in all of 
your rights, title and interest in any and all amounts you have on deposit in accounts with us or shares on 
deposit  with  us  or  any  dividends  due  you  from  us,  unless  prohibited  by  applicable  law.  This  security 
interest is given to us as security for the payment and performance of all obligations and indebtedness now 
or hereafter owing by you to us under your Account.  

17. Lost or Stolen Cards. The Card is not transferable. You agree to notify us promptly if your Card is lost 
or stolen, or if you believe that someone used your Card without your permission. You may be liable for 
the  unauthorized  use  of  your  Card.  You  will  not  be  liable  for  loss  that  occurs  after  you  notify  us  at  the 
address on your monthly statement, orally or in writing, of the loss, theft, or possible unauthorized use. In 
any case, your liability will not exceed $50. Contact us in writing at 555 Officenter Place, Gahanna, Ohio 
43230, or by telephone at 800.282.6420 or 614.235.2395. You may not use the Card or any other Cards in 
your possession with the same Account number after you have notified us, even if you get the Card back.  

18. Cancellation. You may cancel your Card at any time by notifying us, in writing, and returning the Card 
cut in half. If we cancel your Card, you will destroy the Card by cutting it in half and will give it to us or 
our agent, or mail it to us. If the Account is cancelled or revoked, you will pay us the amount you owe us as 
required by this Agreement.  

Use of the Card after notice of its revocation is fraudulent and may subject Holder to legal proceedings.  

19.  Liability.  You  will  be  liable  individually  and  together  for  all  Purchases/Debits,  Cash  Advances,  and 
Balance  Transfers  you  make  using  the  Card  or  Account  and  any  finance  charges  incurred  under  this 
Agreement.  

20. Irregular Payments. We can accept late payments or partial payments, or checks and money orders 
marked with “Payment in Full” or similar language, without losing any of our rights under this Agreement. 
No  payment  will  operate  as  an  accord  and  satisfaction  without  our  prior  written  approval.  All  written 
communications  concerning  disputed  amounts,  including  any  check  or  other  payment  instrument  that 
indicates that the payment constitutes “payment in full” of the amount owed or that is tendered with other 
conditions or limitations or as full satisfaction of a disputed amount, must be mailed  or delivered to 555 
Officenter Place, Gahanna, Ohio 43230.  

21. Foreign Transactions. For transactions initiated in foreign currencies, the exchange rate between the 
transaction currency and the billing currency (U.S. Dollars) will be: (a) a rate selected by, as is 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 itself receives; or (b) the government-mandated rate in effect for 
the applicable central processing date.  

Page 4 

You will be charged 3.00% calculated on the final settlement amount for transactions initiated in a foreign 
currency.  

22.  Information  Sharing.  We  may  provide  Holder  personal  data  to  VISA  USA,  its  members,  or  their 
respective  contractors  for  the  purpose  of  providing  Emergency  Cash  and  Emergency  Card  Replacement 
Services.    Additionally  Holder  address  and  telephone  information  may  be  shared  with  VISA  USA  for 
marketing purposes. 

23. Credit Reports. If you believe that we have inaccurate information about you or may report or have 
reported  inaccurate  information  about  you  to  a  consumer  reporting  agency,  you  may  notify  us  at  555 
Officenter Place, Gahanna, Ohio 43230. In doing so, please identify the inaccurate information and tell us 
why you believe it is inaccurate. If you have a copy of the report that includes the inaccurate information, 
please send a copy of the report to us as well.  

24.  Waiver.  We  will  not  be  considered  to  have  waived  our  rights  under  this  Agreement  if  we  delay 
enforcing them.  

25. Changes in Terms. Subject to the limitations of applicable law, we may at any time change, add to, or 
delete any of the terms and conditions in this Agreement, including, but not limited to, finance charge rates 
and  fees  and  this  Changes  in  Terms  provision.  Such  changes  may  be  based,  in  whole  or  in  part,  upon 
factors  including,  but  not  limited  to,  anti-fraud  policies  and  procedures,  your  record  of  making  timely 
payments and staying within the established Credit Line on your Account with us, your credit score, and 
information contained in your credit report. We will give you notice of any change, addition, or deletion as 
required by applicable law. As of the effective date, the changed terms will apply to new Purchases/Debits 
and Cash Advances and to the outstanding balances of your Account, unless prohibited by applicable law.  

26. Telephone Monitoring And Recording. We treat all customer calls as confidential. For quality control 
purposes, you agree that we may listen to or record telephone calls between you and us.  

27. Electronic Communication. You agree that we  may communicate with you for any lawful purpose, 
including collections, by electronic means using any electronic mail address that you provide to us and/or 
by  automatic  dialers  that  may  record  messages.  You  also  agree  that  you  will  not  consider  any  such 
communication by us to be unsolicited.  

28. Governing Law. This Agreement will be governed by federal law applicable to a credit union and, to 
the extent not preempted by federal law, the laws of the state of Ohio without regard to its conflicts of law 
provisions. This Agreement has been accepted by us in the state of Ohio.  

29.  Severability.  In  the  event  that  any  provision  of  this  Agreement  is  determined  to  be  invalid  or 
unenforceable for any reason, the remaining provisions will remain in effect.  

30.  Entire  Agreement;  Interpretation.  This  Agreement  constitutes  the  final  expression  of  the  credit 
agreement between you and us relating to your Account. The headings used in this Agreement are for the 
convenience of reference only and are not intended to define or describe the scope or intent of any portion 
of the Agreement.  

31. Billing Errors. See the Billing Rights Notice. 

Page 5 

II. BILLING RIGHTS NOTICE  

Your Billing Rights  

Keep This Notice For Future Use  

This notice contains important information about your rights and our responsibilities under the Fair Credit 
Billing Act.  

Notify Us in Case of Errors or Questions About Your Bill  

If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on 
a separate sheet at the address listed on your bill. Write to us as soon as possible. We must hear from you 
no  later  than  60  days  after  we  sent  you  the  first  bill  on  which  the  error  or  problem  appeared.  You  can 
telephone us, but doing so will not preserve your rights.  

In your letter, give us the following information:  

(1)  your name and account number;  

(2)  the dollar amount of the suspected error; and  

(3)  describe  the  error  and  explain,  if  you  can,  why  you  believe  there  is  an  error.  If  you  need  more 

information, describe the item you are not sure about.  

If you have authorized us to pay your credit card bill automatically from your savings or checking account, 
you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us 
three business days before the automatic payment is scheduled to occur.  

Your Rights and Our Responsibilities After We Receive Your Written Notice  

We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 
days, we must either correct the error or explain why we believe the bill was correct.  

After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. 
We can continue to bill you for the amount you question, including finance charges, and we can apply any 
unpaid  amount  against  your  credit  limit.  You  do  not  have  to  pay  any  questioned  amount  while  we  are 
investigating, but you are still obligated to pay the parts of your bill that are not in question.  

If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any 
questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have 
to make up any missed payments on the questioned amount. In either case, we will send you a statement of 
the amount you owe and the date that it is due.  

If  you  fail  to  pay  the  amount  that  we  think  you  owe,  we  may  report  you  as  delinquent.  However,  if  our 
explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, 
we must tell anyone we report you to that you have a question about your bill. And we must tell you the 
name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled 
between us when it finally is.  

If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill 
was correct.  

Page 6 

Special Rule for Credit Card Purchases  

If you have a problem with the quality of property or services that you 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 property or services. There are two limitations on this right:  

(1)  you must have made the purchase in your home state or, if not within your home state, within 100 

miles of your current mailing address, and  

(2)  the purchase price must have been more than $50.  

These limitations do not apply if we own or operate the merchant or if we mailed you the advertisement for 
the property or services.  

III. NOTICES AND SIGNATURES  

MARYLAND RESIDENTS: You have the right under Section 12-510 of the Commercial Law Code to 
receive  an  answer  to  a  written  inquiry  concerning  the  status  of  your  Account.  Finance  charges  will  be 
imposed in amounts or at rates not in excess of those permitted by law.  

NEW  JERSEY  RESIDENTS:  Because  certain  provisions  of  this  Agreement  are  subject  to  applicable 
laws,  they  may  be  void,  unenforceable  or  inapplicable  in  some  jurisdictions.  None  of  these  provisions, 
however, is void, unenforceable or inapplicable in New Jersey.  

NOTICE TO THE BUYER –  

1. DO NOT SIGN THIS CREDIT AGREEMENT OR APPLICATION BEFORE YOU READ IT 

OR IF IT CONTAINS BLANK SPACES.  

2.  YOU  ARE  ENTITLED  TO  A  COMPLETELY  FILLED  IN  COPY  OF  THIS  CREDIT 

AGREEMENT.  

3.  YOU  MAY  AT  ANY  TIME  PAY  MORE  THAN  THE  MINIMUM  PAYMENT,  OR  YOUR 
ENTIRE BALANCE IN FULL WITHOUT INCURRING ANY ADDITIONAL CHARGE FOR 
PREPAYMENT.  

RETAIL INSTALLMENT CREDIT AGREEMENT  

HOLDER:  Your  signature,  including  any  electronic  or  digital  signature,  on  any  Application  or  on  any 
sales slip or other evidence of indebtedness on your Account represents your signature on this Agreement.  

ISSUER:  

KEMBA Financial Credit Union  

February 2010 

Page 7