FR833282333_GAP INC. CREDIT CARD
T&C-PLCC 19838C PDF
3/16

SYNCHRONY BANK
RATES AND FEES TABLE
GAP INC. CREDIT CARD CARD ACCOUNT AGREEMENT
PRICING INFORMATION

Interest Rates and Interest Charges

The APR for purchases is the prime rate plus 21.74%

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 any interest if 
you pay your entire balance by the due date each month.

If you are charged interest, the charge will be no less than $1.00.

Annual 
Percentage 
Rate (APR) for 
Purchases

How to Avoid 
Paying Interest

Minimum 
Interest Charge

Fees

Penalty Fees

• Late Payment

Up to $37

How We Will Calculate Your Balance: We use a method called “daily balance”. See your credit card account agreement below for 
more details.

SECTION II: RATES, FEES AND PAYMENT INFORMATION
GAP INC. CREDIT CARD ACCOUNT AGREEMENT

How Interest is Calculated

Your Interest 
Rate

The APR for purchases is the prime rate plus 21.74%. We use a daily rate to calculate the interest on the balance on your account each 
day. The daily rate for purchases is the APR times 1/365. As of January 1, 2016 the daily rate for purchases was .06916% (APR 25.24%). 
Interest will be imposed in amounts or at rates not in excess of those permitted by applicable law.

When We 
Charge Interest 

Daily Rates May Vary. The APR and the daily rate on your account vary with the market based on the prime rate. The prime rate for a 
billing cycle is the highest bank prime loan rate published in The Wall Street Journal in its Money Rates section on the last business day 
of the calendar month preceding the first day of the billing cycle.

If the prime rate increases, the daily rate and APR will increase. As a result, interest, your total minimum payment and the number of 
payments it would take you to pay off your account balance may increase. We apply any change in rates because of a prime rate change 
to your entire account balance. A change in the prime rate will take effect on the first day of the first billing cycle after the change. We may 
select a new interest rate index if the prime rate is not available.

We charge interest on your purchases from the date you make the purchase until you pay the purchase in full. See exceptions below.

•  We will not charge you interest during a billing cycle on any purchases if:

  1. You had no balance at the start of the billing cycle; OR

  2.  You had a balance at the start of the billing cycle and you paid that balance in full by the due date in that billing cycle.

•  We will credit, as of the start of the billing cycle, any payment you make by the due date that we allocate to purchases if:

  1. You had no balance at the start of the previous billing cycle; OR

  2.  You  had  a  balance  at  the  start  of  the  previous  billing  cycle  and  you  paid  that  balance  in  full  by  the  due  date  in  the  previous  

billing cycle.

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How We 
Calculate 
Interest

How Fees Work 

Late Payment 
Fee 

We figure the interest charge on your account separately for each balance type. We do this by applying the daily rate to the daily balance 
for each day in the billing cycle. A separate daily balance is calculated for the following balance types, as applicable: purchases and 
balances subject to different interest rates, plans or special promotions. See below for how this works.

  1.  How to get the daily balance. We take the starting balance each day, add any new charges and fees, and subtract any payments 
or credits. This gives us the daily balance. Credit insurance premiums and debt cancellation fees, if any, are not included in the daily 
balance. Late payment fees are treated as new purchases.

  2. How to get the daily interest amount. We multiply each daily balance by the daily rate that applies.

3. How to get the starting balance for the next day. We add the daily interest amount in step 2 to the daily balance from step 1.

  4.  How  to  get  the  interest  charge  for  the  billing  cycle.  We  add  all  the  daily  interest  amounts  that  were  charged  during  the  

billing cycle.

We charge a minimum of $1.00 of interest in any billing cycle in which you owe interest. This charge is added proportionately to each 
balance type.

We will charge this fee if we do not receive the total minimum payment due on your account by 5 p.m. (ET) on the due date. This fee is 
equal to:

  1. $27, if you have paid your total minimum payment due by the due date in each of the prior six billing cycles.

OR

  2. $37, if you have failed to pay your total minimum payment due by the due date in any one or more of the prior six billing cycles.

The late payment fee will not be more than the total minimum payment that was due.

Minimum Payment Calculation

Your total minimum payment is calculated as follows.

The greater of:

1. $25 (which includes any past due amounts)

OR

2.  The sum of:

(a) Any past due amounts; PLUS

(b)  1% of your new balance shown on your billing statement (excluding any balance in connection with a special promotional purchase with a unique payment 

calculation); PLUS

(c) Any late payment fees charged in the current billing cycle; PLUS

(d) All interest charged in the current billing cycle; PLUS

(e) Any payment due in connection with a special promotional purchase with a unique payment calculation.

We round up to the next highest whole dollar in figuring your total minimum payment. Your total minimum payment will never be more than your new balance.

SECTION III: STANDARD PROVISIONS  
GAP INC. CREDIT CARD ACCOUNT AGREEMENT

ABOUT THE CREDIT CARD ACCOUNT AGREEMENT

This Agreement. This is an Agreement between you and Synchrony Bank, 170 Election Road, Suite 125, Draper, UT 84020, for your credit card account shown 
above. By opening or using your account, you agree to the terms of the entire Agreement. The entire Agreement includes the four sections of this document and the 
application you submitted to us in connection with the account. These documents replace any other agreement relating to your account that you or we made earlier 
or at the same time.

Parties To This Agreement. This Agreement applies to each accountholder approved on the account and each of you is responsible for paying the full amount due, 
no matter which one uses the account. We may treat each of you as one accountholder and may refer to each of you as “you” or “your”. Synchrony Bank may be 
referred to as “we”, “us” or “our”.

Changes To This Agreement. We may change, add or delete terms of this Agreement, including interest rates, fees and charges.

Special Promotions. The terms of this Agreement apply to any special promotion. However, any special promotional terms that are different than the terms in this 
Agreement will be explained on promotional advertising or other disclosures provided to you.

HOW TO USE YOUR ACCOUNT/CARD

Use Of Your Account. You may use your account only for lawful personal, family or household purposes. You may use your account for purchases from Gap,  
Old Navy, Banana Republic or Athleta retail, online or Outlet/Factory stores located in the U.S., Puerto Rico and Canada.

You Promise To Pay. You promise to pay us for all amounts owed to us under this Agreement. 

Your Responsibility. Each accountholder will receive a card. You may not allow anyone else to use your account. If you do, or if you ask us to send a card to 
someone else, you will be responsible for paying for all charges resulting from their transactions.

Purchase Limits. To prevent fraud, we may limit the number or dollar amount of purchases you can make in any particular amount of time. We also may decline any 
particular charge on your account for any reason.

Credit Limit. You will be assigned a credit limit that we may increase or decrease from time to time. If we approve a purchase that makes you go over your credit 
limit, we do not give up any rights under this Agreement and we do not treat it as an increase in your credit limit.

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HOW AND WHEN TO MAKE PAYMENTS

When Payments Are Due. You must pay at least the total minimum payment due on your account by 5 p.m. (ET) on the due date of each billing cycle. Payments 
received after 5 p.m. (ET) will be credited as of the next day. You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for 
prepayment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. We may delay making credit available on your 
account in the amount of your payment even though we will credit your payment when we receive it.

Payment Options. You can pay by mail or online. We may allow you to make payments over the phone but we will charge you a fee to make expedited phone 
payments. Your payment must be made in U.S. dollars by physical or electronic check, money order or a similar instrument from a bank located in the United States.

How To Make A Payment. You must follow the instructions for making payments provided on your billing statement. If you do not, credit of your payment may be 
delayed up to five days. Your billing statement also explains how information on your check is used.

Payment Allocation. We will apply the required total minimum payment to balances on your account using any method we choose. Any payment you make in 
excess of the required total minimum payment will be applied to higher APR balances before lower APR balances. Applicable law may require or permit us to apply 
excess payments in a different manner in certain situations, such as when your account has a certain type of special promotion.

INFORMATION ABOUT YOU 

Using And Sharing Your Information. When you applied for an account, you gave us and The Gap, Inc. (Gap Inc.) information about yourself that we could share 
with each other. Gap Inc. will use the information in connection with the credit program and for things like creating and updating its records and offering you special 
benefits. More information about how we use and share information is set forth in the privacy policy for your account. 

Address/Phone Change. You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that number. You 
also agree to tell us right away if you change your address or any phone number. 

Consent To Communications. You consent to us, as well as any other owner or servicer of your account, contacting you through any channel of communication 
and for any purpose, as permitted by applicable law. For informational, servicing or collection related communications, you agree that we may use the phone numbers 
that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic 
telephone dialing system. This consent applies even if you are charged for the call under your plan. You are responsible for any charges that may be billed to you by 
your communications carrier when we contact you.

Telephone Monitoring. For quality control, you allow us to listen to and/or record telephone calls between you and us.

IMPORTANT INFORMATION ABOUT YOUR ACCOUNT 

Closing Your Account. You may close your account at any time by sending a letter to the address shown on your billing statement or calling customer service. We 
may close your account at any time, for any reason. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement 
will remain in effect until you do.

Collection Costs. If we ask an attorney who is not our salaried employee to collect your account, we may charge you our collection costs. These include court 
costs and reasonable attorneys’ fees.

Credit  Bureau  Reporting.  We  may  report  information  about  your  account  to  credit  bureaus.  Late  payments,  missed  payments,  or  other  defaults  on  your 
account  may  be  shown  in  your  credit  report.  Tell  us  if  you  think  we  reported  wrong  information  about  you  to  a  credit  bureau.  Write  to  us  at  P.O.  Box  965005,   
Orlando, FL 32896-5005. Tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, 
send us a copy. 

Default. You are in default if you make a late payment, do not follow any other term of this Agreement or become bankrupt or insolvent. If you default or upon your 
death, we may (a) request payment of the full amount due right away, (b) take legal action to collect the amounts owed, and/or (c) take any other action allowed. 

Disputed Amounts. The billing rights summary in section IV of this Agreement describes what to do if you think there is a mistake on your bill. If you 
send us correspondence about a disputed amount or payment, you must send it to the address for billing inquiries. We do not give up any rights under 
this Agreement if we accept a payment marked “payment in full” or given with any other conditions or limitations.

Unauthorized  Use.  If  your  card  is  lost,  stolen  or  used  without  your  consent,  call  us  immediately  at  1-866-450-4467  for  Gap  Credit  Card  Accounts,   
1-866-450-2330 for Banana Republic Credit Card Accounts, 1-866-450-5294 for Old Navy Credit Card Accounts and 1-855-327-4359 for Athleta Credit Card 
Accounts. You will not be liable for unauthorized use on your account, but you will be responsible for all use by anyone you give your card to or allow to use 
your account.

IMPORTANT INFORMATION ABOUT THIS AGREEMENT 

Assignment. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account, including our rights to payments. We do not have 
to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account.

Enforceability. If any part of this Agreement is found to be void or unenforceable, all other parts of this Agreement will still apply.

Governing Law. Except as provided in the Resolving a Dispute with Arbitration section, this Agreement and your account are governed by federal law and, to the 
extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah.

Waiver. We may give up some of our rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation.

RESOLVING A DISPUTE WITH ARBITRATION 

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES 
BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE 
ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL 
BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

• What claims are subject to arbitration

1.  If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, 

our affiliates, agents and/or Gap Inc. if it relates to your account, except as noted below. 

2.  We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in 
that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require 
you to arbitrate.

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3.  Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope 
of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument 
that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.

• No Class Actions

YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR 
ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER 
ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION 
WITH ANY CLAIM YOU HAVE. 

If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s 
determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal 
government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to 
compel arbitration of any claim brought by such an agency.

• How to start an arbitration, and the arbitration process

1.  The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. 
Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION 
DEMAND.  The  party  seeking  arbitration  must  select  an  arbitration  administrator,  which  can  be  either  the  American  Arbitration  Association  (AAA),   
1633  Broadway,  10th  Floor,  New  York,  NY  10019,  www.adr.org,  (800)  778-7879,  or  JAMS,  620  Eighth  Avenue,  34th  Floor,  New  York,  NY  10018,   
www.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 

2.  If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which 

is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 

3.  The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal 
experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use 
different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 

4.  The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, 
as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on 
claims you assert against us in an arbitration proceeding which you have commenced.

• Governing Law for Arbitration

 This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the 
FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the 
arbitrator’s award.

• How to reject this section

 You  may  reject  this  Arbitration  section  of  your  Agreement.  If  you  do  that,  only  a  court  may  be  used  to  resolve  any  dispute  or  claim.  To 
reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject 
this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012,   
Orlando, FL 32896-5012. This is the only way you can reject this section.

SECTION IV: OTHER IMPORTANT INFORMATION 
GAP INC. CREDIT CARD ACCOUNT AGREEMENT

This section of the agreement includes state notices, billing rights summary and rewards terms (if applicable) and is not required to be provided as part of the credit card 
agreement posted online or provided to the CFPB.

FR833282333_GAP INC. CREDIT CARD
T&C-PLCC 19838C PDF
3/16

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