The Perpay Mastercard Credit Card Cardholder Agreement  

June 2022 

There are two parts to this Perpay Mastercard Credit Card Cardholder Agreement (the <Agreement=): Rates and Fees Table and 
Consumer Card Agreement. The Rates and Fees Table shows the rates and fees for your Account. The Agreement contains 
important information about your Account and related Card issued by Celtic Bank, a Utah-Chartered Industrial Bank, Member FDIC 
(the <Bank=). Bank  has agreed to lend you  money as described in this Agreement, and you agree to pay us back together with 
interest  charges  and  fees.  Your  use  or  activation  of  the  Card  and  any  transaction  using  the  Card  or  Account  indicates  your 
acceptance of the terms of this Agreement. 

Rates and Fees Table 

Interest Rates and Interest Charges 

Annual Percentage Rate 
(APR) for Purchases 

Paying Interest 

25.74%. This APR will vary with the market based on the Prime Rate.* 

Your due date is at least 23 days after the close of each billing cycle. We will not charge 
you interest on new purchases if you pay your entire balance by the due date each month. 

Minimum Interest Charge 

If you are charged interest, the charge will be no less than $1.00. 

For Credit Card Tips from the 
Consumer Financial 
Protection Bureau 

To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau at: 
http://www.consumerfinance.gov/learnmore 

Fees 

Annual Fee 

$0 

Account Opening Fee 

$9.00 (one-time fee) 

Monthly Account Service Fee  $108 annually ($9.00 per month) 

Transaction Fees 

●  Foreign Transaction 

3% of each transaction in U.S. dollars. 

Fee 

Penalty Fees 

●  Late Payment 
●  Returned Payment 
●  Over-the-credit-limit 

$30.00 
$19.00 
None 

How  We Will Calculate Your Balance: We use a method called <average daily balance= (including new transactions). See the 
Consumer Card Agreement below for more details. 

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the Consumer 
Card Agreement below.  

 
 
 
 
 
 
 
 
 
How Do You Calculate Variable APRs? The variable APR disclosed above is based on the Prime Rate + Margin of (20.99%). If 
the Prime Rate changes, the variable APR may increase or decrease. If the variable APR increases, your interest charges and your 
minimum payment may increase. We calculate the variable APR by adding a fixed percentage (known as the <Margin=) to the Prime 
Rate published in The Wall Street Journal two Business Days before the end of the Billing Cycle. If the Wall Street Journal does not 
publish the Prime Rate on that day, we will use the Prime Rate for the previous Business Day. If The Wall Street Journal does not 
publish the Prime Rate or changes the definition of the Prime Rate, we may use the Prime Rate from any other newspaper. Or, we 
may choose to use a different, similar published rate. If the Prime Rate changes, the resulting changes to the variable APR take 
effect as of the first day of the next Billing Cycle. 

*Variable APR is accurate as of June 16, 2022.  

What Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Purchase APR is currently 
0.07052%. 

Note: Your Account is not eligible for Balance Transfers or Cash Advances. 

Military Lending Act Notice: Federal law provides important protections to members of the Armed Forces and their dependents 
relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her 
dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction 
or  account:  the  costs  associated  with  credit  insurance  premiums;  fees  for  ancillary  products  sold  in  connection  with  the  credit 
transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any 
participation fee charged (other than certain participation fees for a credit card account). To receive this information and a description 
of your payment obligation, please call 1-866-953-0189. 

 
 
 
 
 
 
 
Perpay Mastercard Credit Card 
Consumer Card Agreement 

PLEASE  READ  THIS  AGREEMENT  CAREFULLY.  THIS  AGREEMENT  IS  SUBJECT  TO  MANDATORY  ARBITRATION 
PURSUANT  TO  THE  FEDERAL  ARBITRATION  ACT,  AND  INCLUDES  A  WAIVER  OF  CLASS  ACTION  AND  JURY  TRIAL 
PROVISION,  UNLESS  YOU  ARE  A  COVERED  BORROWER  PROTECTED  BY  THE  MILITARY  LENDING  ACT.  THE 
AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL 
ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND RELIEF AGAINST US ON AN 
INDIVIDUAL BASIS, NOT AS A PLAINTIFF, REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE 
ACTION OR PROCEEDING, AND (2) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED 
BY A JURY OR IN A COURT OF LAW. 

Thank you for opening a credit card Account with us. This Agreement, and any future changes to it, is your contract with us and 
governs your Account. This Agreement will continue to apply whether or not you use your Card or Account. It will continue to apply 
even after your Account is closed, as long as you have a balance or owe us. 

Definitions 
All capitalized terms used in this Agreement and not otherwise defined have the meanings set forth below. 
● <Account= means your account designated and maintained by the Bank in relation to the credit provided under or in connection 
with this Agreement. Account includes the account to which any credit transaction or charge by you may be posted. 
● <Billing Cycle= means the time period between Statements and is used to manage your Account. Each Statement shows the 
closing date, which is the last day of the Billing Cycle. 
● <Business Day= means Monday through Friday, excluding federal holidays. 
● <Card= means one or more cards or other access devices, including your account number or virtual card, that we may issue to 
you to receive credit under this Agreement. This includes all renewals and substitutions. 
● <Cash Advance= means a loan in cash or cash equivalents, including, but not limited to, wire transfers, travelers’ checks, money 
orders and foreign currency. 
● <Covered Borrower= Refers to active duty members of the military, their spouses, and their dependents, as defined in the Military 
Lending Act (MLA). 
● <Fees= means charges imposed on your Account not based on the Annual Percentage Rate. 
● <Interest Charges= means any charges to your Account based on the application of Annual Percentage Rates. 
● <Item= means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image 
of these instruments. 
● <Purchase= means the use of your Account or Card to buy or lease goods or services. Tax payments and any other associated 
fees are considered Purchases, but Cash Advances are not considered Purchases. 
● <Servicer= means Deserve, Inc. (<Deserve=). 
● <Statement= means the periodic statement issued in connection with your Account. Your Statement will include all transactions 
billed to your Account during a Billing Cycle and information about payment owed to us. 
●  <Truth-in-Lending  Disclosures=  means  disclosures  that  the  federal  Truth  in  Lending  Act  and  Regulation  Z  require  for  any 
Account. This includes your Rates and Fees Table, any disclosures provided as part of this Agreement, subsequent disclosures, 
Statements, and change in terms notices. 
● <We,= <us,= <our,= and <Bank= means Celtic Bank, a Utah-Chartered Industrial Bank, and its agents, authorized representatives, 
successors and assignees. 
●  <You=  and  <your=  mean  each  applicant  for  the  Account,  any  person  responsible  for  paying  the  Account,  and  any  person 
responsible for complying with this Agreement. 

Account Documents 
The following Account Documents govern your Account with us: 
(1) this Agreement; 
(2) all Statements; 

 
 
 
 
 
 
(3) any rewards program terms, conditions, and disclosures; 
(4) any privacy notices; 
(5)  any  Card  benefits  brochure  which  describes  benefits  provided  by  the  credit  card  network  for  your  Account.  The  credit  card 
network is Mastercard International Incorporated, or any other network provider; 
(6) all disclosures and materials provided to you before or when you opened your Account; 
(7) any other documents and disclosures relating to your Account, including those provided online; and 
(8) any future changes we make to any of the above. 
Please read these Account Documents carefully and keep them for future reference. 

Eligibility; Perpay Payroll Direct Deposit Requirement 
In  order  to  be  eligible  for  the  Account,  you  must  establish  and  maintain  a  payroll  direct  deposit  relationship  with  Perpay,  Inc. 
(<Perpay=) (<Perpay Payroll Direct Deposit=) in accordance with the Perpay Payroll Direct Deposit terms and conditions to which you 
agree. As a condition to our opening the Account for you, Perpay must receive a direct deposit made by your [employer 
or payroll provider] by Automated Clearing House (<ACH=) in an amount specified by Perpay (<Initial Transfer=) within 120 
calendar days from when we notify you that your application for an Account is approved. If Perpay does not receive the 
Initial Transfer within 120 calendar days, we will revoke your approval automatically and you will be required to reapply to 
obtain an Account. We reserve the right to suspend or close your Account or take any other action permitted under this Agreement 
in  the  event  you  become  ineligible  for  the  Account  at  any  time.  Please  refer  to  your  Perpay  Payroll  Direct  Deposit  terms  and 
conditions for details. If you have questions about Perpay Payroll Direct Deposit, you may contact Perpay at hello@perpay.com.  

New Offers 
In the future, we may provide you with new offers that we think may interest you. The terms of these offers may differ from the 
standard terms on your Account. This Agreement will still apply. 

Account Information 
We need information about you to manage your Account. This includes, but is not limited to: 
(1) your legal name; 
(2) a valid U.S. mailing address and residential address (if different); 
(3) your date of birth; 
(4) your Social Security number or other government identification number; and 
(5) your telephone number(s). 
(6) your employment 
(7) your annual income 

You must tell us when this information changes. We may ask you for additional documents and to verify any changes to information 
you have provided us. 

You also give us permission to verify or research, with a third party, the information you provide to us. This permission includes, 
without limitation, verifying or researching your information with LexisNexis  (or similar), United States Department of Homeland 
Security, and the United States Department of the Treasury. 

We may restrict or close your Account if we cannot verify your information, or if you do not provide it as requested. 

Credit Limits 
We will inform you of your credit limit when you open your Account, and from time to time. We may give you a different credit limit 
based on your credit qualifications during the term of your Account. You are responsible for keeping track of your balances and your 
available credit. You must keep your Account balance below the applicable credit limit. We may  honor transactions above your 
credit limit, but if we do, these transactions will not increase your credit limit. You are responsible for paying for any transaction you 
make above your credit limit. We may increase, decrease, restrict, or cancel your credit limit for any and all transaction types at any 

 
 
 
 
 
 
 
 
 
time, without  notice.  This will not affect your obligation to pay us. Your available credit  may not be restored for  up to seven (7) 
Business Days after we receive your payment. 

Using Your Account 
(1) We may decline to authorize a transaction for any reason. This may occur even if the transaction would not cause you to go over 
your credit limit or your Account is not in default. 
(2) We will bill each transaction to the applicable transaction type of your Account. We will apply it against your available credit for 
that transaction type category. 
(3) You must not use, or try to use, the Card for any illegal activity. You are responsible for any charges if you do. 
(4) We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control. 
(5) You may use the card to make Purchases only for personal, family or household purposes from any person or establishment 
accepting the Card. 

Rewards 
Your Account may provide you with the opportunity to earn rewards through Perpay. Separate terms and conditions will govern any 
such rewards.  

No Authorized Users 
We will not issue an additional Card to allow any other person to access the Account. You understand that only you are permitted 
to use the Card or Account. If, however, any person you authorize initiates a transaction using the Card or Account or if such person 
incurs a Fee in connection with the Card or Account, you are responsible and liable for the transaction and any Fees or Interest 
Charges incurred. If you permit another person to have access to the Card or Account, this will be treated as if you authorized such 
use and you will be liable for all transactions and Fees incurred by those persons. You are wholly responsible for the use of each 
Card according to the terms and conditions of this Agreement. 

Your Promise to Pay 
By using your Card or your Account, you promise to pay us for all amounts charged to the Account, including all transactions made 
on your Account, as well as any Fees, Interest Charges or other charges or fees. 

Statements 
You agree to be a paperless cardholder and accept all statements, including Statements, disclosures, and communications, 
electronically. We will send you an electronic Statement at the end of each Billing Cycle, unless not required by law or the law 
prohibits us from doing so. Unless you make other arrangements with us, your Statement will be delivered to you electronically, as 
further described in the Perpay Electronic Consent Policy. We will not send you a Statement if: (1) we deem your Account 
uncollectable; (2) delinquency collection proceeds have been instituted; or (3) for any other reason permitted by applicable law. 
You may request a paper copy of your Statement by calling the number on the back of your Card. Bank will mail any requested 
paper Statement to you by regular mail to your address as it appears in our records. 

Disputed Transactions 
You must inspect each Statement you receive and must immediately contact Servicer about any errors or questions you have, as 
described in the <Billing Rights Summary= on your Statement and in the <Your Billing Rights section= of this Agreement. If you do 
not notify us of an error, we will assume that all information on the Statement is correct. If we credit your Account for all or part of a 
disputed transaction, you give us all of your rights against others regarding that transaction, and will also: (1) give us any information 
about the disputed transaction, if we ask; (2) not pursue any claim or reimbursement of the transaction amount from the merchant 
or any other person; and (3) help us get reimbursement from others. 

Security and Lost or Stolen Card 
You must take reasonable steps to prevent the unauthorized use of your Card and Account. For security reasons, you must, upon 
receipt  of  the  Card,  comply  with  any  card  activation  procedures  as  may  be  prescribed  by  the  Bank.  You  must  notify  Servicer 
immediately and assist us in our investigation if your Card is lost or stolen or you believe someone is using your Account or Card 

 
 
 
 
 
 
 
 
 
without your permission. You will not be responsible for transactions on your Account that we find are unauthorized. If we reimburse 
you  for  unauthorized  transactions,  you  will  help  us  investigate,  pursue  and  get  reimbursement  from  the  wrongdoer.  Your  help 
includes giving us documents in a form that we request. You should contact Servicer by calling 1-866-953-0189 at any time. 

Interest Charges and Fees 
How Can I Avoid Paying Interest Charges? If you pay your Statement balance in full by the due date shown on your Statement 
each Billing Cycle, we will not charge interest on any new Purchases that post to the Purchase balance of your Account. We call 
this a <grace  period.= If you  have been  paying your Account in full without interest charges, but fail to pay your  next Statement 
balance in full, we will charge interest on the unpaid balance to the extent permitted by applicable law.  

How Is The Interest Charge Applied? Interest charges accrue from the: (1) date of the transaction; or (2) date the transaction is 
processed; or (3) first calendar day of the billing cycle. Interest charges accrue on every unpaid amount until it is paid in full. This 
means you may owe interest charges even if you pay the entire Statement balance one month but did not do so for the previous 
month. Unpaid interest charges are added to the applicable transaction type (e.g., Purchase) of your Account. However, we reserve 
the right to not assess interest charges at any time. 

How Do You Calculate The Interest Charge? We use a method called Average Daily Balance (including new transactions). Under 
this method, we first  calculate your daily  balance for  each transaction type  (e.g., Purchases), by:  1) taking  the  day’s beginning 
balance and adding in new transactions and the periodic interest charge on the previous day’s balance, then 2) subtracting any 
payments  and credits for the specific transaction types  as of that day.  The result is the daily balance for each transaction  type. 
However, if you paid your previous month’s Statement balance in full (or if your balance was zero or a credit amount), new Purchases 
which post to your Account are not added to the daily balances. Also, transactions subject to a grace period are not added to the 
daily balances.  

Next, to find your Average Daily Balance, we: 1) add the daily balances together for each transaction type, and 2) divide the sum 
by the number of days in the Billing Cycle. 

At the end of each Billing Cycle, we determine your interest charge as follows: 1) multiply your Average Daily Balance by the daily 
periodic rate (APR divided by 365) for that transaction type, and 2) multiply the result by the number of days in the Billing Cycle. 
NOTE: Due to rounding, this calculation may vary from the interest charge actually assessed. 

Fees 
We will generally treat Fees as Purchase transactions unless otherwise specified below. Fees apply to your Account only if your 
Truth-in-Lending Disclosures provide for them. We may increase your Interest Charges and Fees as described in the Amendments 
to Your Agreement section. 

Annual Fee 
Your Card has an annual Fee of $0. 

Account Opening Fee 
Your Card has a one-time Fee of $9.00. This Fee will be assessed when your Account is opened and will reduce the amount of 
credit you initially have available. 

Monthly Account Service Fee 
Your Card has a monthly Fee of $9.00. 

Late Payment Fee 
We may charge you this Fee in the amount shown on your Rates and Fees Table if we do not receive at least the minimum payment 
as instructed on your Statement by the payment due date shown on your Statement. This Fee will not exceed the amount permitted 
by law. 

 
 
 
 
 
 
 
 
 
 
 
 
Returned Payment Fee 
We may charge you this Fee in the amount shown on your Rates and Fees Table each time a payment made to your Account is 
not honored by your financial institution for any reason or cannot be processed, even if the payment is honored after we resubmit 
it. 

Stop Payment Fee 
We may charge you this Fee each time you ask us to stop payment or renew a stop payment order. The fee will be disclosed to you 
at the time you submit or renew a stop payment order. 

Transactions Made in Foreign Currencies If you make a transaction in a foreign currency, the credit card network provider will 
convert  it  into  a  U.S.  dollar  amount.  The  credit  card  network  provider  will  use  its  own  currency  conversion  procedures.  The 
conversion rate in  effect  on the processing date may differ from the rate in effect on the  transaction  date that appears on your 
Statement. We do not adjust the currency exchange rate; however we will apply a Foreign Transaction Fee as indicated in the Rates 
and Fees Table above. 

Minimum Payment 
You must pay us at least the minimum payment amount, which is 3% of the new balance or $15, whichever is higher, by the payment 
due date shown on your Statement. Your Statement will tell you:  (1) the minimum  payment  due; (2) your  new balance;  (3) the 
payment due date; and (4) an explanation of when the payment must reach us for us to consider it received as of that date. Returns 
and other credits to your Account will reduce your Account balance and may change your minimum payment amount. 

In addition to the minimum payment, you may pay all or part of the total balance on your Account. But, you must still pay at  least 
the minimum payment amount each month, even if you paid more than the minimum payment due on the previous Statement. We 
will  continue  to  charge  Interest  Charges  during  Billing  Cycles  when  you  carry  a  balance  regardless  of  whether  your  Statement 
includes a minimum payment that is due. If your Account is 180 days past due, is part of a bankruptcy proceeding or is otherwise 
charged off, the total balance is immediately due and payable. 

Making Payments 
Your payment must be made in U.S. dollars from a U.S. deposit account in a form acceptable to us. You may make payments 
using the following payment methods:  

• 
• 
• 
• 

One-time electronic payment from a deposit account; 
Automatic payments from a deposit account;  
Daily automatic payments using Perpay Payroll Direct Deposit funds; or 
Mailing a check. 

We will describe the terms for using these payment methods before you use them. We are not responsible if your financial 
institution rejects a payment made using any of these payment methods. We do not accept cash payments through the mail. You 
may not make payments with funds from your Account or any other credit account with us or any other company in the Bank 
organization. We can accept late payments, partial payments or payments marked <payment in full,= or any other restrictive 
endorsement, without losing any of our rights under this Agreement. We may refuse to accept payments made to your Account by 
someone else on your behalf. If we do accept it, you will be responsible for the payment and any cost if a financial institution 
rejects it. We reserve the right to refuse any non-conforming payments. 

Payment Processing 
We may accept and process payments without losing any of our rights. We may delay the availability of credit until we confirm that 
your payment has cleared. This may happen even if we credit your payment to your Account. We may resubmit and collect 
returned payments electronically. If necessary, we may adjust your Account to correct errors, process returned and reversed 
payments, and handle similar issues. 

 
 
 
 
 
 
 
 
 
 
If we, in our sole discretion, accept an Item as payment, you authorize us either to use information from your Item to make a one-
time electronic fund transfer from your deposit account or to process the payment as an Item. We may withdraw the funds from 
your deposit account as early as the same day we receive your payment. You will not receive your Item back from your bank. We 
will provide additional information about this process on your Statement. We may use the information from an Item to create an 
electronic image. We may collect and return the image electronically. This electronic image may also be converted to a substitute 
check and may be processed in the same way we would process an Item. We will not be responsible if an Item you provide has 
physical features that when imaged result in it not being processed as you intended. 

How We Apply Your Payments 
A different APR may apply to your Account depending on the timing of the transaction. If your Account has balances with different 
APRs, we apply credits and any part of your payment exceeding your minimum payment to the balance with the highest APR, and 
then  to  balances  with  lower  APRs.  We  apply  payments  and  other  credits  up  to  your  minimum  payment  in  any  order  we  deem 
appropriate. 

Credit Balances 
We may reject and return any payment that creates or adds to a credit balance on your Account. Any credit balance we allow will 
not be made available until we confirm that your payment has cleared. We may, without notice, restrict the availability of any credit 
balance in our sole and absolute discretion. We may reduce the amount of any credit balance by any new charges. You may write 
to the address provided on your Statement or call the number on the back of your Card to request a refund of any available credit 
balance. 

Account Default 
You will be in default if: 
(1) you do not make any payment when it is due; 
(2) any payment you make is rejected, not paid or cannot be processed; 
(3) you exceed a credit limit; 
(4) you file or become the subject of a bankruptcy or insolvency proceeding; 
(5) you are unable or unwilling to repay your obligations, including upon death or legally declared incapacity; 
(6) we determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us; 
(7) you do not comply with any term of this Agreement, including the eligibility requirements, or any other agreement with us; or 
(8) you permanently reside outside the United States. 

If you are in default, we may take certain actions with respect to your Account. For example, depending on the default, we may take 
the following actions, without notifying you, unless the law says that we must give you notice: 
(1) charge you Fees, or change the APRs and Fees on your Account; 
(2) close or suspend your Account; 
(3) lower your credit limit(s); 
(4) demand that you immediately pay the total balance owing on your Account; 
(5) continue to charge you Interest Charges and Fees as long as your balance remains outstanding; and/or 
(6) file a lawsuit against you or pursue another action that is not prohibited by law. If we file a lawsuit, you agree to pay our court 
costs, expenses and attorney fees, unless the law does not allow us to collect these amounts. 

Communications 
Unless we tell you otherwise, you may contact us by notifying Servicer at P.O. Box 57865, Murray, UT 84157 or calling Servicer at 
1-866-953-0189. When writing, please include your name, address, home telephone number and Account number. 

To the extent permitted by applicable law, you authorize us and our Servicer, affiliates, agents, and contractors,  and anyone to 
whom we may sell your Account, to contact you to service your Account or for collection purposes. You agree that these contacts 
are not unsolicited for purposes  of state or federal law.  You further agree that  the Bank and its Servicer, affiliates, agents, and 
contractors and anyone to whom it may sell your Account may: (1) contact you in any way, including mail, email, calls, and texts, 

 
 
 
 
 
 
 
 
including a mobile, wireless, or similar device, even if you are charged by your provider, and using automated telephone equipment 
or prerecorded messages; (2) contact you at any number that you have given us or any  number we have for you in our records, 
even if that number is a wireless, cellular, or mobile number, is converted to a mobile/wireless number, or connects to any type of 
mobile/wireless device, and even if such telephone number is currently listed on a Do Not Call Registry; and (3) contact you at any 
email address you provide to us or any other person or company that provides any services in connection with this Agreement. You 
authorize us to monitor and/or record your calls with us. You agree to notify us within five (5) Business Days after changing your 
email address, mailing address, or phone number. 

Credit Reports 
We or our Servicer may obtain and use credit, income and other information about you from credit bureaus and others as the law 
allows. We may reevaluate your financial condition and investigate any information you provided on your Account application at any 
time. In the course of doing so, we may obtain a current credit report and ask you for additional information about your financial 
condition.  You  give  us  permission  to  obtain  any  information  about  you  that  we  believe  would  be  beneficial  to  facilitate  our 
determination of your eligibility for the Account and the Card, including consumer reports from consumer reporting agencies. 

We  may  report  information  about  your  Account  to  credit  bureaus  and  others.  Late  payments,  missed  payments,  returned 
payments  or other  defaults  on  your Account may be reflected in your credit report. If you believe that we have reported 
inaccurate information about your Account to a credit bureau or other consumer reporting agency, notify us in writing at 2400 Market 
Street, Suite 300 Philadelphia, PA 19103. When you write, tell us the specific information that you believe is incorrect and why you 
believe it is incorrect. 

Amendments to Your Agreement 
We reserve the right to amend this Agreement at any time, by adding, deleting or changing provisions of this Agreement, unless the 
law prohibits us from doing so. We will give you notice of any changes as required by law. We may notify you of changes on your 
Statement or in a separate notice. Our notice will tell you when and how the changes will take effect. Your variable APR can increase 
or decrease as the Prime Rate increases or decreases. If we increase your APRs for any other reason, or if we change your Fees 
or other terms of your Account, we will notify you  as required by law. If any  amendment gives you  the opportunity to reject  the 
change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and 
may ask you to return all credit access devices as a condition of your rejection. We may replace your Card with another Card at any 
time. 

The Law That Applies to Your Agreement 
The issuer of your Card is Celtic Bank, a Utah-Chartered Industrial Bank, Member FDIC. In accepting your Card, You agree to the 
following provisions: (1) This Agreement (including the Account and services related to this Account) will be interpreted by the laws 
of the state of Utah. This means that the laws of the state of Utah will govern any dispute arising from or relating to this Agreement, 
including as to the Arbitration Agreement below. Federal law will also be used when it applies. (2) You waive any applicable statute 
of limitations as the law allows. Otherwise, the applicable statute of limitations period for all provisions and purposes under this 
Agreement (including the right to collect debt) will be the longer period provided by Utah law or the law in the jurisdiction where you 
live. (3) Regarding venue, you agree to submit to the jurisdiction of the state of Utah and federal courts in and for Salt Lake City 
and Salt Lake County, Utah. This means that any dispute, action or proceeding relating to this Agreement will be brought in the 
Federal  District  Court  of  Utah  or  state  court  in  the  county  of  Salt  Lake  City.  (4)  See  applicable  Arbitration  Agreement  below. 
Accordingly, it is important that you read the provisions of this section, the Arbitration Agreement below, and the entire Agreement 
carefully. If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect.  

The Arbitration Agreement of this Agreement does not apply to you if you are a Covered Borrower protected by the Military Lending 
Act nor do any provisions  of the Agreement that waive  any right to legal  recourse  under any state or federal law to the extent 
required by the Military Lending Act. 

Servicer 
The Servicer services parts of your Card  and Account, including, but not limited to, Account and/or Card management through 
Servicer’s  website  or  mobile  application  and  customer  service  relating  to  any  rewards  offered  in  connection  with  your  Card  or 

 
 
 
 
 
 
 
 
Account. In this capacity, Servicer may act on our behalf, perform our obligations or enforce our rights under this Agreement. You 
understand and acknowledge that we may share with Servicer any information you provide to us in connection with your Account 
or Card or any information we collect in connection with your Account or Card in order for Servicer to provide you with products 
and/or services in connection with your Account and/or Card. 

Waiver  
We can delay enforcing or not enforce any of our rights under this Agreement without losing our right to enforce them in the future. 
We may waive our right without notifying you. For example, we may waive your Interest Charges or Fees without notifying you and 
without losing our right to charge them in the future. 

Assignment 
This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not sell, assign or transfer 
your Account or this Agreement to someone else without our written permission. We may sell, assign or transfer your Account and 
this Agreement without your permission and without prior notice to you. Any assignee or assignees will take our place under this 
Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after we notify you that we 
have transferred your Account or this Agreement, we can return the payment to you, forward the payment to the assignee, or handle 
it in another way that is reasonable. 

Disclaimer of Liability 
We are not responsible if  anyone refuses to accept or honor your Card or Account, even if you  have  sufficient  available credit. 
Except as required by applicable law, we will not be responsible for any claim or defense you may have against any third party that 
arises out of or in connection with any transaction with your Card or Account or any services or goods or other property purchased 
or leased using your Card or Account. We are not responsible for any losses you incur if we do not authorize a transaction. 

Termination 
Subject to applicable law, we may terminate this Agreement or revoke your right to use your Account or Card, along with your right 
to make future transactions, at any time and for any reason without notice to you. You may contact Servicer using the number on 
the back of your Card to close your Account. If we close or suspend your Account for any reason, you must stop using your Card. 
You must also cancel all billing arrangements set up on the Account. If we close or permanently suspend your Account, you must 
return or destroy all Cards. You must still pay us all amounts you owe on the Account. You must also return the Card to us or destroy 
it if we ask you to. 

Arbitration Agreement 

PLEASE  READ  THIS  SECTION  CAREFULLY  AS  IT  AFFECTS  YOUR  RIGHTS.  THIS  SECTION  SETS  FORTH  THE 
CIRCUMSTANCES AND PROCEDURES UNDER WHICH CLAIMS (AS DEFINED BELOW) SHALL BE ARBITRATED UPON THE 
ELECTION  OF  EITHER  PARTY  INSTEAD  OF  LITIGATED  IN  COURT.  YOU  AGREE  THAT,  BY  ENTERING  INTO  THIS 
AGREEMENT,  YOU  AND WE  ARE  EACH  WAIVING  THE  RIGHT  TO  A  TRIAL  BY  JURY  OR  TO  PARTICIPATE  IN  A  CLASS 
ACTION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. THE FEDERAL 
ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT. 

THIS  ARBITRATION  AGREEMENT  APPLIES  UNLESS,  AS  OF  THE  DATE  OF  THIS  AGREEMENT,  YOU  ARE  A  COVERED 
BORROWER PROTECTED BY THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT 
WHETHER YOU ARE A COVERED BORROWER, PLEASE CONTACT SERVICER AT 1-866-953-0189. 

(1) Definitions:  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
As used in this Arbitration Agreement, the term <Claim= means any claim, dispute or controversy between you and Bank, Servicer 
or any of their agents or retailers, arising from or relating to the Card or this Agreement as well as any related or prior agreement 
that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of 
this Arbitration Agreement or the Agreement. <Claim= includes claims of every kind and nature, including but not limited to initial 
claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, 
statutes, regulations, common law and equity. The term <Claim= is to be given the broadest possible meaning that will be enforced 
and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card 
or  Account;  (ii)  advertisements,  promotions  or  oral  or  written  statements  related  to  the  Card  or  Account  or  goods  or  services 
purchased with the Cards; (iii) the benefits and services related to the Card or Account; and (iv) your enrollment for any Card or 
Account. We shall not elect to use arbitration under the Arbitration Agreement for any Claim that you properly file and pursue in a 
small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from 
that court shall be pursued only in arbitration.  

As used in this Arbitration Agreement, the terms <we= and <us= shall for all purposes mean the Bank and Servicer, and their respective 
affiliates,  licensees,  predecessors,  successors,  and  assigns,  and  all  of  their  respective  agents,  employees,  directors  and 
representatives. In addition, <we= or <us= shall include any third party using or providing any product, service or benefit in connection 
with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors 
and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or 
files a Claim with or against us) in connection with a Claim asserted by you.  

As solely used in this Arbitration Agreement, the terms <you= or <your= shall mean all persons or entities that have access to or use 
a Card or Account, including but not limited to all persons or entities contractually obligated under any of the Agreements. 

(2) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by 
arbitration pursuant to this Arbitration Agreement and the code of procedures of the national arbitration organization to which the 
Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services 
(<JAMS=) or the American Arbitration Association  (<AAA=), as selected by the party electing to use arbitration. For a copy of the 
procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, 
Suite 300, Los Angeles, CA 92614; website  at www.jamsadr.com; and (ii) AAA at  335  Madison Avenue, New York, NY 10017; 
website at www.adr.org. 

(3) Agreement to Arbitrate: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR 
WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE 
IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE 
<CODE=).  FURTHER,  YOU  WILL  NOT  HAVE  THE  RIGHT  TO  PARTICIPATE  IN  A  REPRESENTATIVE  CAPACITY  OR  AS  A 
MEMBER OR IN ANY OTHER CAPACITY OF ANY CLASS ACTION OR CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM 
SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION, 
EXCEPT  AS  SET  FORTH  BELOW.  THE  ARBITRATOR’S  DECISION  WILL  BE  FINAL  AND  BINDING.  NOTE  THAT  OTHER 
RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. 

(4) Prohibition on Class Actions and Non-Individualized Relief: If either party elects to resolve a Claim by arbitration, that Claim shall 
be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on 
bases involving Claims brought in a purported representative capacity on behalf of the general public, a class, other cardholders or 
other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the 
arbitrator’s  authority  to  make  awards  and  grant  relief  is  limited  to  you  and  us  alone  on  an  individual  (non-class)  basis  only  . 
Furthermore, Claims brought by you against us or by us against you may not be joined  or consolidated in arbitration with Claims 
brought by or against someone other than you, unless otherwise agreed to in writing by all parties. 

 
 
 
 
 
 
 
 
 
(5) Location of Arbitration & Payment of Arbitration/Hearing Fees: Any arbitration hearing that you attend shall take place in the 
federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all 
or part of the filing administrative and/or hearing fees (which shall not include attorneys’ fees) for any Claim you initiate as to which 
you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will 
ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and 
to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount that 
otherwise would have been incurred  by you if the Claim had been brought in the state or federal court which is closest to your billing 
address  and  would  have  had  jurisdiction  over  the  Claim,  we  will  reimburse  you  to  that  extent  unless  the  arbitrator  (or  panel) 
determines that the fees were incurred without any substantial justification. 

(6) Arbitration Procedures: This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall 
be governed by the Federal Arbitration Act, as it may be amended (the <FAA=). The arbitration shall be governed by the applicable 
Code, except that (to the extent enforceable under the  FAA) this Arbitration Agreement shall control if it is inconsistent with the 
applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations 
and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation 
of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of 
civil procedure or rules of evidence. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business 
matters.  Judgment  upon  the  award  rendered  by  the  arbitrator  may  be  entered  in  any  court  having  jurisdiction.  The  arbitrator’s 
decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to 
a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award 
objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration 
award to  notify the arbitration  organization that it is exercising the right  of  appeal.  The appeal shall be filed with the arbitration 
organization in the form of a  dated writing. The  arbitration organization will then  notify the other party that the  award  has been 
appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and 
issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall 
be by majority vote and shall be final and binding. 

(7)  Confidentiality:  All  aspects  of  any  arbitration  proceeding,  and  any  ruling,  decision,  or  award  by  the  arbitrator,  will  be  strictly 
confidential for the benefit of all parties. 

(8) Survival: This Arbitration Agreement shall survive termination of your Card or Account as well as voluntary payment of the debt 
in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of  this 
Arbitration Agreement is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, 
it shall not invalidate the remaining portions of this Arbitration Agreement, the Agreement or any prior agreement you may have had 
with us, each of which shall be enforceable regardless of such invalidity. 

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: 

Deserve 
P.O. Box 57865 
Murray, UT 84157 

You may also contact us at 1-866-953-0189, Monday through Friday from 6:00 a.m. - 6:00 p.m. PT and Saturday from 7:00 a.m. - 
12:00 p.m. PT.  

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 the problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe 
it is a mistake.  

You must contact us: 

•  Within 60 days after the error appeared on your statement. 
• 

At least three (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 or by calling us. 

You may still be required to pay the amount(s) in question if the Bank determines the transaction is not an error. If you believe fraud 
has occurred on your account, please call us as soon as possible at 1-866-953-0189. 

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: 

The charge in question may remain on your statement, and we may continue to charge you interest on that amount. 

•  We cannot try to collect the amount in question, or report you as delinquent 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: 

 
 
 
 
 
 
 
 
 
 
 
 
 
Deserve 
P.O. Box 57865 
Murray, UT 84157 

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. 

State Notices 

All Residents, including California and Utah Residents: As required by law, you are hereby notified that a negative credit report 
reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. 

You promise us that you are not planning to file bankruptcy at the time of your application for your Account. 

California Residents: If you are married, you may apply for a separate account in your own name. After credit approval,  each 
applicant shall have the right to use the credit card account up to the limit of the account. 

Delaware Residents: Charges not in excess of those permitted by law will be charged on the outstanding balances from month to 
month. 

Iowa Residents: IMPORTANT: READ BEFORE SIGNING. The terms of this Agreement should be read carefully because only 
those terms in writing are enforceable. No other terms  or oral promises  not contained in this written Agreement may be legally 
enforced. You may change the terms of this Agreement only by another written agreement. 

Kentucky Residents: You may pay the unpaid balance of your Account in whole or in part at any time. 

Maryland Residents: Finance charges will be imposed on the Account in amounts or at rates not in excess of those permitted by 
law. 

Massachusetts Residents: Massachusetts law prohibits discrimination on the basis of race, color, religious creed, national origin, 
sex, gender identity, marital status, or sexual orientation. 

New Hampshire Residents: If you prevail in any action, suit or proceeding we bring or in an action you bring in connection with 
this  Agreement,  reasonable  attorneys’  fees  shall  be  awarded  to  you.  If  you  successfully  assert  a  pertinent  defense,  set  off, 
recoupment or counterclaim to an action brought by us, the court may withhold from us the entire amount or such portion of the 
attorneys’ fees as the court deems appropriate. 

New Jersey Residents: (1) The section headings of this Agreement are a table of contents and not contract terms. (2) You agree 
to pay our reasonable attorney’s fees, up to 20% of outstanding principal and interest, paid in the collection of this Account to an 
attorney who is not our employee. (3) Provisions of this  Agreement  that refer to acts or practices that apply as permitted  by, or 
except as prohibited by, applicable law are applicable to New Jersey residents only to the extent that such acts or practices are 
permitted by New Jersey or Federal law.  

New  York  Residents:  New  York  residents  may  contact  the  New  York  State  Department  of  Financial  Services  to  obtain  a 
comparative listing of credit card rates, fees and grace periods. New York State Department of Financial Services - (800) 342-3736 
or https://www.dfs.ny.gov/. 

Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy 
customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil 
Rights Commission administers compliance with the law. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Married Wisconsin Residents: If you are married: (i) you confirm that this Account is being incurred in the interest of your marriage 
or family; (ii) no provision of  any marital property  agreement, unilateral  agreement, or court decree under the  Wisconsin Marital 
Property Act will adversely affect a creditor’s interest unless, before the time credit is granted, the creditor is furnished a copy of that 
agreement  or  decree  or  has  actual  knowledge  of  the  adverse  provision  when  the  obligation  to  the  creditor  is  incurred;  (iii) you 
understand and agree that we will provide a copy of this Agreement to your spouse for his or her information. You must notify us if 
you have a spouse by sending your name and your spouse’s name and address to us at Deserve, Inc., PO Box 57780, Murray, UT 
84157-0780.  

Missouri, Nebraska and Washington Residents: Oral agreements or commitments to loan money, extend credit or to forbear 
from enforcing repayment of a debt, including promises to extend or renew such debt, are not enforceable. To protect you (borrower) 
and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this 
writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to 
modify it. 

New York, Rhode Island, and Vermont Residents: You understand and agree that we may obtain a consumer credit report in 
connection with any updates, renewals or extensions of any credit as a result of your application and card membership. If you ask, 
you will be informed whether or not such a report was obtained and, if so, the name and address of the agency that furnished the 
report. You also understand and agree that we may obtain a consumer credit report in connection with the review or collection of 
any extension of credit made to you or for other legitimate purposes related to such extension of credit.