BANK
OF
THE
WEST
BNP PARIBAS GROUP
Current Credit Card Agreements for New Personal Accounts
NOTE: To obtain a copy of the Credit Card Agreement for your existing account call us at
(800) 996-2638 or send us a secured message through Online Banking with the subject line
"Credit Card Inquiry".
For new personal accounts opened beginning 07/22/2016, the following Account
Opening Disclosures and Credit Card Agreements apply by the credit card type
received:
Platinum Credit Card
Interest Rates, Interest Charges, and Fees -
Platinum Card
Credit Card Agreement (Personal Accounts)
Platinum Rewards Credit Card
Interest Rates, Interest Charges, and Fees - Platinum
Rewards Card
Credit Card Agreement (Personal Accounts)
World MasterCard Credit Card
Interest Rates, Interest Charges, and Fees - -World MasterCard
Credit Card Credit Card Agreement (World MasterCard® Credit
Card)
Wealth Management World EliteTM MasterCard Credit Card
Interest Rates, Interest Charges, and Fees - Wealth Management World EliteTM
MasterCard Credit Card
Credit Card Agreement (Wealth Management World EliteTM MasterCard Credit Card)
Secured Credit Card
Interest Rates, Interest Charges, and Fees -
Secured Card
Secured Credit Card Agreement (Personal
Accounts)
Interest Rates, Interest Charges, and Fees - Platinum Card
Interest Rates and Interest Charges
Annual Percentage Rate
0.00% Introductory APR for the first six months.
(APR) for Purchases
After that, your APR will be
15.24% to
23.24%,
based on your
creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
15.24% to 23.24%, based on your creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
25.24%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
30.24%
Applies
This APR may be applied to your account if your payment is more than 60 days past
the Payment Due Date.
How Long Will the Penalty APR Apply? The Penalty APR will apply until you
make six consecutive minimum payments when due beginning with the payment
following the commencement of the Penalty APR.
This APR will vary with the market based on the Prime Rate.
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial
visit the website of the Consumer Financial Protection Bureau at
Protection Bureau
http://www.consumerfinance.gov/learnmore/.
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
Either $5 or 3% of the amount of each transfer, whichever is greater.
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction
3% of the U.S. Dollar amount of each such transaction.
Penalty Fees
Late Payment
Up to $35 (Varies by State. See next page for details.).
Returned Payment
Up to $35 (Varies by State. See next page for details.).
How We Will Calculate Your Balance: We will use a method called "average daily balance (including new purchases)."
See your Credit Card Agreement for more details.
Loss of Introductory APR: We may end your introductory APR and apply the Penalty APR if your payment is more than
60 days past the Payment Due Date.
Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your
Credit Card Agreement.
Continued on next page.
Late Payment fee for lowa residents is $15. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due,
the fee will be equal to the Minimum Payment Due.
Returned Payment fee for lowa residents is $19.95. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment
Due, the fee will be equal to the Minimum Payment Due.
In South Dakota, Bank of the West operates under the name of Bank of the West California.
Interest Rates, Interest Charges, and Fees - Platinum Rewards Card
Interest Rates and Interest Charges
Annual Percentage Rate
0.00% Introductory APR for the first six months.
(APR) for Purchases
After that, your APR will be
16.24% to
23.24%
based on your
creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
16.24% to 23.24%, based on your creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
25.24%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
30.24%
Applies
This APR may be applied to your account if your payment is more than 60 days past
the Payment Due Date.
How Long Will the Penalty APR Apply? The Penalty APR will apply until you
make six consecutive minimum payments when due beginning with the payment
following the commencement of the Penalty APR.
This APR will vary with the market based on the Prime Rate.
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial
visit the website of the Consumer Financial Protection Bureau
Protection Bureau
at http://www.consumerfinance.gov/learnmore/
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
Either $5 or 3% of the amount of each transfer, whichever is greater.
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction
3% of the U.S. Dollar amount of each such transaction.
Penalty Fees
Late Payment
Up to $35 (Varies by State. See next page for details.).
Returned Payment
Up to $35 (Varies by State. See next page for details.).
How We Will Calculate Your Balance: We will use a method called "average daily balance (including new
purchases)." See your Credit Card Agreement for more details.
Loss of Introductory APR: We may end your introductory APR and apply the Penalty APR if your payment is
more
than
60 days past the Payment Due Date.
Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your
Credit Card Agreement.
Continued on next page.
Late Payment fee for lowa residents is $15. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due,
the fee will be equal to the Minimum Payment Due.
Returned Payment fee for lowa residents is $19.95. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment
Due, the fee will be equal to the Minimum Payment Due.
In South Dakota, Bank of the West operates under the name of Bank of the West California.
BANK
OF
WEST
CREDIT CARD AGREEMENT
BNP PARIBAS GROUP
(Personal Accounts)
By requesting or accepting any Platinum MasterCard
increased by the amount of the overpayment nor will we be
Platinum Visa Platinum Rewards MasterCard or
required to authorize transactions for an amount in excess
Platinum Rewards Visa account (individually or collectively
of your Credit Limit.
called "Credit Card account" or "Account") with Bank of the
3. Temporary Reduction of Credit Limit. Merchants,
West, you agree to be bound by all the terms of this
such as car rental companies and hotels, may request prior
Agreement. In this Agreement, the words "you" or "your"
credit approval from us for an estimated amount of your
mean everyone who has requested or accepted a Credit
Purchases, even if you ultimately do not pay by credit. If our
Card account with us. The words "we," "us," "our," or "Bank"
approval is granted, your available Credit Limit will
mean Bank of the West. If you do not accept this
temporarily be reduced by the amount authorized by us.
If
Agreement, you must notify us in writing within 5 days after
you do not ultimately use your Credit Card account to pay
receipt. Use of your card or any feature (including a balance
for your Purchases or if the actual amount of Purchases
transfer) of your Credit Card Agreement shall constitute
posted to your Credit Card account varies from the
acceptance of this Agreement.
estimated amount approved by us, it is the responsibility of
1. Use. Your Platinum MasterCard, Platinum Visa,
the merchant, not us, to cancel the prior credit approval
Platinum Rewards MasterCard, or Platinum Rewards Visa
based on the estimated amount. The failure of the merchant
card (individually or collectively called "Card") may be used
to cancel a prior credit approval may result in a temporary
as a credit card for purchases of goods or services from
reduction of your available Credit Limit, but will not increase
participating merchants ("Purchases") or to get Cash
the amount you owe us under this Agreement.
Advances from us or any other financial institution displaying
4. Agreement to Pay. When you use your Card or Credit
the "MasterCard" or "Visa" logo, or to purchase certain items
Card account, or when you permit anyone to use it, you
such as traveler's cheques, foreign currency, money orders,
agree to pay the amount of any and all transactions
wire transfers, lottery tickets, and (except as noted below)
(including any which may have been made in violation of this
funds to be used for wagers or gambling (all of which are
Agreement), and the INTEREST CHARGES, and fees that
collectively referred to as "Cash Advances") up to your
may become due as shown on the periodic statement. You
Credit Limit; provided, however, you may not use your Card
agree that we may change or cancel your Credit Card
(i) to make Purchases or obtain Cash Advances for any
Account at any time without affecting your obligation to pay
illegal transaction, or (ii) for any internet or online gambling
the amounts that you owe under this Agreement.
transactions. Transactions for online or internet gambling
5. Periodic Statement. Each month we will send you a
will not be approved. If you use your Card for any illegal or
periodic statement for each Credit Card account you have
prohibited transaction, this Agreement also applies to such
with us covering the previous billing period. We may not
transaction and you agree to pay any and all amounts
send you a statement if your balance is less than $1 and
related to such transaction pursuant to the terms of this
there were no transactions during the billing period. The
Agreement. We may, in our sole discretion, restrict the use
statement will have a "Statement Period Date", "Statement
of or terminate your Card if we notice excessive use of your
Closing Date" and a "Payment Due Date," and will show,
Card or other suspicious activities or if we reasonably
among other things, your "Previous Balance," your "New
believe the Card is or has been used for one or more illegal
Balance," and your minimum monthly payment, which will be
or prohibited transactions. You can also obtain a Cash
shown as "Minimum Payment Due."
Advance by writing a special MasterCard or Visa check
6. Payment. You must make a payment by the "Payment
("Convenience Check"). The Cash Advance will be posted
Due Date." You have two choices: You may pay the entire
to your Credit Card account when the Convenience Check
"New Balance" or you may pay in installments by paying at
reaches us. If you stop payment on a Convenience Check,
least the "Minimum Payment Due." When your payment is
your Credit Card account will be charged $16.00 (or as
properly received, we will allocate your payment in a manner
permitted by law) for each stop payment. We may designate
we determine except as otherwise required by law. The
that only a portion of your Credit Limit is available for Cash
Minimum Payment is applied first to fees, then to
Advances. In addition, you may request that we pay other
INTEREST CHARGES and finally to principal. We apply the
creditors on your behalf and transfer approved amounts to
Minimum Payment to balances with lower APRs, including
your Account ("Balance Transfers").
introductory APRs, before balances with higher APRs.
Your Card may also be used in certain automated
Payments made in excess of the Minimum Payment will be
terminals to gain access to your Credit Card accounts. We
applied first to balances with the highest Annual Percentage
have no responsibility for the failure of any machine,
Rate and then to each successive balance bearing the next
merchant, financial institution, or any other party to honor
highest Annual Percentage Rate.
your Card. Your Card and Credit Card account may be used
Payments must be mailed to the BankCard Center
only for valid and lawful purposes. If you use or allow
address specified in your periodic statement. Payments
someone else to use the Card or Credit Card account for
must reach our BankCard Center during our regular
any other purpose, you will be responsible for such use and
business day in order to be credited on that date. Payments
may be required to reimburse us for all amounts or
received after the cutoff times of 5:00 p.m. PT are credited
expenses we pay as a result of such use.
as of the following business day. If you make a payment by
2. Credit Limit. We will notify you of the Credit Limit for
any means other than mail to our BankCard Center crediting
each Credit Card account you have with us. You agree that
of the payment may be delayed. If you fail to properly make
your total charges, including Purchases, Cash Advances,
payments, crediting such payments may be delayed. Your
Balance Transfers, INTEREST CHARGES, and fees that
total available credit may not be restored for up to 15 days
may be due will not exceed your Credit Limit. If you do go
after we receive your payment.
over your Credit Limit, you must repay the excess amount
If a payment is returned to us for any reason, we may
immediately, and we may reduce the available Credit Limit
apply a Returned Payment Fee of $25 for the first violation
of any other Credit Card account you have with us until such
and $35 for each subsequent violation within the next six
time the excess amount is repaid. You may apply to
billing cycles. The Returned Payment Fee for lowa residents
increase your Credit Limit at any time but we are not
is $19.95. If the Returned Payment Fee is greater than the
obligated to increase your Credit Limit at any time.
Minimum Payment Due, the fee will be equal to the
Furthermore, we reserve the right to lower your Credit Limit
Minimum Payment Due.
at any time. For security reasons, we may limit the number
From time to time, we may let you skip or reduce one or
or amount of transactions that may be accomplished with
more monthly payments during a year and/or we may
your Card or Credit Card account, and we have the right to
temporarily reduce or eliminate certain INTEREST
limit authorizations to make transactions if we consider it
CHARGES on all or a portion of your Credit Card account
necessary to verify Payments received on your Credit Card
balance or offer you other special terms. If we do, we will
account. If we accept a payment from you in excess of your
advise you of the scope and duration of the applicable skip
outstanding balance, your available Credit Limit will not be
or promotional feature. When the skip or promotional
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BW-CCAG (REV. 07/2016)
feature ends, your regular rates and all the terms of the
and Balance Transfers on your Platinum Rewards Credit
Agreement will resume.
Card account is based on a variable rate equal to the sum of
7. Minimum Payment- Late Payment Fee. At least the
the Current Index plus a "Rate Spread" of 12.74 to 19.74
amount of the "Minimum Payment Due" must be received by
percentage points, based on your creditworthiness. The
us by the "Payment Due Date." If it is not, we may apply a
interest rate for Purchases (after the Introductory Period)
Late Payment fee of $25 for the first violation and $35 for
and Balance Transfers on your Platinum Credit Card
each subsequent violation within the next six billing cycles.
account is based on a variable rate equal to the sum of the
The Late Payment fee for lowa residents is $15. If the Late
Current Index plus a "Rate Spread" of 11.74 to 19.74
Payment fee is greater than the Minimum Payment Due, the
percentage points, based on your creditworthiness. The
fee will be equal to the Minimum Payment Due. If such
interest rate for Cash Advances on your Account is based
charge would result in an INTEREST CHARGE greater than
on a variable rate equal to the sum of the Current Index plus
the maximum allowed by law, we will only charge the
a "Rate Spread" of 21.74 percentage points. Immediately
maximum allowable rate. Your Minimum Payment Due will
before each Change Date we will determine the new interest
be 3% of the New Balance plus any Late Payment fee (with
rate by adding the Rate Spread to the Current Index. The
a minimum of the lesser of $25 or your New Balance) and
new interest rate will become effective at the start of your
any amount over your credit limit and past due amount.
first billing cycle after the Change Date. Only one Annual
Percentage Rate and Daily Periodic Rate will be in effect for
8. How to Avoid Paying Interest on Purchases. There
each Balance Category during the billing period. The Annual
may be different treatment of INTEREST CHARGES for
Percentage Rate will not exceed the maximum rate
Purchases, Balance Transfers, and Cash Advances, even
permitted by law. The effect of any increase in the Annual
though they are computed the same way. You may avoid
Percentage Rate and the Daily Periodic Rate would be to
paying an INTEREST CHARGE on Purchases if we receive
increase the amount of INTEREST CHARGE or interest you
the entire New Balance by the Payment Due Date. If we do
must pay and thus increase your monthly payments.
not receive the entire New Balance by the Payment Due
10. Transaction Fees. You also agree to pay us the
Date, the INTEREST CHARGE will be charged on the
appropriate fees listed below (as permitted by applicable
Purchases from the date of the transaction. INTEREST
law) which may be amended from time to time by us. You
CHARGES on all other balances, including Cash Advances
authorize us to charge your Credit Card account for the
and Balance Transfers, begin on the transaction date and
following fees due to us. Balance Transfer fee: 3.00% of
will be assessed even if your entire New Balance is paid by
each balance transferred, $5 minimum. Cash Advance fee:
the Payment Due Date.
4.00% of each Cash Advance, $10 minimum.
9. Computing Your INTEREST CHARGE. We figure the
11. Foreign Transaction Fee. Transactions that you
INTEREST CHARGE on each Credit Card account by
make in a foreign currency or that you make outside of the
applying the periodic rate to the "Average Daily Balance" of
United States of America even if it is made in U.S. dollars
each Balance Category on the Credit Card account,
are considered foreign transactions. If you make a
including current transactions. Balance Categories include
transaction in a foreign currency it will be billed to you in
Purchases, Balance Transfers, Cash Advances,
U.S. Dollars. The conversion rate to U.S. Dollars will be
Introductory Rates and any special rate offers we may make
determined by Visa International or MasterCard International
available from time to time. If you are charged interest, the
in accordance with their operating regulations or conversion
charge will be no less than $1.00 (the minimum interest
procedures in effect at the time the transaction is
charge will appear as "Minimum Charge" in the fees section
processed. Currently, their regulations and procedures
of your statement).
provide that the currency conversion rate they use is either
a. Average Daily Balance. To obtain the daily balance
(1) a government-mandated rate or (2) a wholesale market
for each Balance Category we take the beginning balance
rate, whichever is applicable, in effect one day prior to the
each day and add new transactions applicable to each
processing date. We do not determine the currency
category, and subtract any payments, credits, and refunds
conversion rate which is used. You agree to pay the
applied to the category. To figure your Average Daily
converted amount in U.S. funds. In addition, Visa or
Balance for each Balance Category, we add all your daily
MasterCard will charge us (the Bank) an international
balances and divide by the number of days in the billing
transaction fee, currently equal to one percent (1.00%) of
period.
the transaction amount. We will charge you the international
b. Figuring the INTEREST CHARGE. We compute the
transaction fee imposed on us plus an additional two
INTEREST CHARGE for each Balance Category by
percent (2.00%) of the transaction amount whether that
multiplying these Average Daily Balances by the applicable
transaction was originally made in U.S. dollars or was made
Daily Periodic Rate, and then we multiply the result by the
in another currency and converted to U.S. dollars. These
number of days in the billing period. To determine the Daily
two fees will be aggregated and shown as one Foreign
Periodic Rate for each Balance Category, we divide the
Transaction Fee on your statement.
applicable ANNUAL PERCENTAGE RATE in effect for the
12. Other Fees. As allowed by law, we may charge, and
billing period by 365 (366 for leap year). The way we get the
you agree to pay, fees for certain services or requests made
ANNUAL PERCENTAGE RATE for each Balance Category
by you, such as but not limited to: Automated Teller Machine
is described below under "Fixed Rate" and "Variable Rate."
("ATM") transactions conducted at machines not operated
C. Fixed Rate. For the first six months ("Introductory
by us, requests for copies of billing statements, sales drafts,
Period") your interest rate for Purchases on your Account is
or other records of your Account, or if you request a
equal to 0.00% APR; thereafter, your interest rate for
replacement card(s). However, we will not charge fees for
Purchases will apply. There is no introductory rate for
copies of documents requested for a billing dispute. These
Balance Transfers or Cash Advances.
fees may change from time to time. We will inform you of
d. Variable Rate. The current Annual Percentage Rate
the fee(s) that you will incur prior to when the applicable
for all variable rates is shown on the Account Opening
service(s) is(are) provided or when you make the request(s),
Disclosure which has been provided to you with this
as applicable. You authorize us to charge your Credit Card
Agreement. The Daily Periodic Rate and the corresponding
account for any such fees that you incur. We reserve the
Annual Percentage Rate may change each month on the
right to waive a fee from time to time but a waiver does not
first day of each of your billing cycles. Each date on which
mean we will continue to waive such fee in the future.
the rate of interest could change is called a "Change Date."
13. Default. We may declare the entire balance for all
Changes will be based on changes in the "Index." The Index
Credit Card accounts due and payable at once with or
is the highest Prime Rate published in the "Money Rates"
without notice or demand if any of these events (a "Default")
table of The Wall Street Journal. If the Index is no longer
happens:
available, we will choose a new index which is based upon
a. If you miss a payment under this Agreement or any
comparable information and will give you notice of our
other obligation you owe us; or
choice. The Index figure published on the second Tuesday
b. If you violate any terms of this Agreement.
(or on the next business day if the second Tuesday is a
If you are in Default, we may terminate your Credit Card
holiday) each month is called the "Current Index." The
account, make no more additional loans, and require you to
interest rate for Purchases (after the Introductory Period)
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BW-CCAG (REV. 07/2016)
immediately repay the entire unpaid balance of all amounts
15. Lost or Stolen Card; Your Liability for
due on your Credit Card account, including but not limited to
Unauthorized Use. Tell us AT ONCE if you believe your
all loan amounts, late charges and other charges assessed
Card has been lost or stolen. Telephoning is the best way of
but not paid, and all of the INTEREST CHARGES accrued
keeping your possible losses down.
but not paid. If we terminate your Credit Card account, your
You may be liable for the unauthorized use of your Card
obligation to repay the amounts you already owe us would
as a credit card. You will not be liable for unauthorized use
continue.
of your Card as a credit card which occurs after you notify
At our option, we may also take action short of
us at the telephone number or address stated in paragraph
terminating your Credit Card account. If your required
16, orally or in writing, of loss, theft, or possible unauthorized
minimum payment (shown on your periodic statement as
use. In any case, your liability for unauthorized use of your
"Minimum Payment Due") is not received within 60 days of
Card as a credit card will not exceed $50.00.
the Payment Due Date, your ANNUAL PERCENTAGE
16. Where to Call or Write. If you believe your Card has
RATE for all balances will be a variable rate equal to the
been lost or stolen or that someone is using your Card or
sum of the Current Index plus a "Rate Spread" of 26.74
Credit Card account without your permission, call:
percentage points (Penalty Rate). You will be provided with
1-800-996-2638 (for TTY/TDD call 1-800-659-5495) or write
a notice 45 days in advance of the effective date of the
to: Bank of the West, BankCard Security Department, PO
change in Annual Percentage Rate. Your payments under
Box 2078, Omaha, NE 68103-2078.
this Agreement, including the amount of the INTEREST
17. Our Business Days. Our business days are Monday
CHARGE, will increase as a result of the increase in your
through Friday, except for bank holidays.
ANNUAL PERCENTAGE RATE, and any such increase in
18. Credit Investigation and Disclosure. You authorize
your ANNUAL PERCENTAGE RATE will be shown on your
us, both now and in the future, to check your credit and
next periodic statement. We will reinstate your Daily Periodic
employment history and to release information about our
Rate and ANNUAL PERCENTAGE RATE to the rate set
credit experience with you in response to legitimate credit
forth in this Agreement once you have made at least your
inquiries. If you believe that we have incorrect information or
Minimum Payment Due for six (6) consecutive billing
have reported inaccurate information about you to a credit
periods immediately following the effective date of the
bureau, please call us at 1-800-996-2638 (for TTY/TDD call
Penalty Rate. If we take such lesser action initially, we
1-800-659-5495). As required by law, you are hereby
reserve the right to terminate your Credit Card account and
notified that a negative credit report reflecting on your credit
accelerate all amounts due under this Agreement regardless
history may be submitted to a credit reporting agency if you
of whether any additional events have occurred which would
fail to fulfill the terms of your credit obligations.
permit termination and acceleration.
19. Security Interest. We have no security for any
14. Automated Terminal Services
amounts which become due under this Agreement, even
a. Automated Terminals. You may use your Card in
though any other agreement you may have with us, such as
the following automated terminals:
a mortgage, may provide for such a security interest, unless
(1) Any Bank of the West automated teller machines.
you have given us a specific security interest in connection
(2) Any other automated teller machine that is
with this Agreement, which is described on the Supplement
participating in a network and accepts our Card ("Network
attached to this Agreement.
ATM") and
20. Collection. You promise to pay all collection costs,
(3) Any point-of-sale terminal that accepts our Card
including, without limitation, mailgram charges, reasonable
("POS terminal").
lawyers' fees and court costs, as permitted by law.
b. Services Available at an Automated Terminal
21. If There are More Than One of You. Each of you
(1) You may use your Card at a Bank of the West or
individually, or all of you together, will be liable under this
any Network ATM to:
Agreement. We may collect from or sue any one of you, or
(a) Get a Cash Advance from your Credit Card
make any settlements or extensions with any one of you,
account.
without giving up our rights against the other. You
(b) Get your Credit Card account balances. These
understand that any one of you can make Purchases, get
balances may not include some transactions recently made
Cash Advances, or perform Balance Transfers under this
in your Credit Card account. Some of the services described
Agreement which will be binding upon all of you.
in subparagraphs (a) and (b) may not be available at all
22. No Waiver of Rights. If we choose to waive any of
Network ATMs.
the terms or conditions of this Agreement on a case-by-case
(c) You may use your Card at a POS terminal to
basis, such as by not declaring the entire balance due when
purchase certain merchandise. The amount of your
the minimum monthly payment has not been made on time,
purchase will automatically be charged to your Credit Card
it does not mean that we have waived, or given up, our right
account as a Purchase.
to exercise any of our rights or remedies under this
C. Limits of Automated Terminal Services Cash
Agreement in the future. We are not required to use any
Advances. You may get a Cash Advance from a Bank of
particular kind of demand or notice in order to collect
the West Automated Terminal up to an aggregate amount of
amounts due to us under this Agreement. No indulgence or
$500 each calendar day, provided that this amount does not
acceptance by us of delinquent or partial payments
exceed your Credit Limit. This amount may be less for Cash
constitute a waiver of our rights or of any provision of this
Advances from Network ATMs.
Agreement. No waiver of any existing default shall be
d. Card and Secret Code (PIN) Use. You are
deemed to waive any subsequent default.
responsible for all transactions in which you use your Card
23. Changing Terms. We can change, add to, delete or
in an automated terminal, or the use of the Card by anyone
otherwise modify the terms of this Agreement at any time in
else who uses it with your permission. Security in use of the
any way permitted by law. We will send you a notice of
Card is provided by the secret code, which we will provide
change at least 45 days (or as required by applicable law)
you, and the magnetically encoded stripe on the Card.
before the effective date of the change. We do not have to
Please keep the Card safe and also protect the secret code.
send you an advance notice of the change if it favors you,
Use the Card and the secret code as instructed at all times.
such as by reducing rates, or increasing the maximum credit
Please notify us of any mechanical or operating failure in
limit. Except in cases where we are changing terms due to
connection with the use of your Card. Do not permit anyone
the Minimum Payment Due not being received within 60
else to use your Card and do not disclose your secret code
days of the Payment Due Date, you agree that the change
or record it on the Card. The Card remains the property of
may cover all transactions made 15 days after we mail the
the Bank and can be revoked and repossessed at any time.
notice. If you do not agree to the change, a method for
You must return it to us when asked.
rejecting the change and closing the account will be
e. Fees for Using Automated Terminal Services.
provided in the Change of Terms Notice. You agree that if
Fees may be charged for transactions made at automated
you use your card after the effective date of the change, this
teller machines not operated by us as described in
will constitute your agreement with the change.
paragraph 12-Other Fees.
24. Canceling this Agreement. We have the right to
cancel this Agreement at any time by sending a notice to
M-118007
BW-CCAG (REV. 07/2016)
any one of you in writing. You also have the same right to
28. Our Communications with You
cancel this Agreement at any time by sending us a notice in
You agree that we, any of our affiliates, agents,
writing or calling the BankCard Center at 1-800-996-2638
independent contractors or service providers may monitor
(for TTY/TDD call 1-800-659-5495). If this Agreement is
and record telephone calls regarding your banking services
canceled by you or us, your obligation is to repay amounts
to assure the quality of our service or for other reasons. You
you already owe under this Agreement. In either case, the
expressly consent that we, any of our affiliates, agents,
account will be closed and you will no longer have access to
independent contractors or service providers may use
the account.
written, electronic, or verbal means, or any other medium,
25. Governing Law. This Agreement will be governed by
as permitted by law and including, but not limited to, mail
the laws of the State of Nebraska, and, as applicable,
and facsimile, to contact you. Your consent includes, but is
federal law, regardless of where the transactions are made.
not limited to, contact by manual calling methods,
26. Monitoring/Recording Telephone Calls. Our
prerecorded or artificial voice messages, text messages, e-
supervisory personnel may listen to and record your
mails and/or automatic telephone dialing systems. You
telephone calls to us for the purpose of monitoring and
agree that we, any of our affiliates, agents, independent
improving the quality of service you receive.
contractors or service providers may contact you by using
27. Severability. All other provisions of this Agreement
any e-mail or any telephone number you provide, including a
shall remain in full force even if one or more provisions of
telephone number for a cellular phone or other wireless
this Agreement are held invalid, illegal, void or
device, regardless of whether you incur any charges as a
unenforceable by any rule or law, administrative order or
result.
judicial decision.
Your Billing Rights
Keep This Notice for Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find a Mistake on Your Statement
If we do not believe there was a mistake: You will
If you think there is an error on your statement, write to us
have to pay the amount in question, along with
at:
applicable interest and fees. We will send you a
Bank of the West
statement of the amount you owe and the date
BankCard Customer Service Department
payment is due. We may then report you as
PO Box 2319
delinquent if you do not pay the amount we think
Omaha, NE 68172-9793
you owe.
In your letter, give us the following information:
Account information: Your name and account
If you receive our explanation but still believe your bill is
number.
wrong, you must write to us within 10 days telling us that you
Dollar amount: The dollar amount of the suspected
still refuse to pay. If you do so, we cannot report you as
error.
delinquent without also reporting that you are questioning
Description of problem: If you think there is an error
your bill. We must tell you the name of anyone to whom we
on your bill, describe what you believe is wrong and
reported you as delinquent, and we must let those
why you believe it is a mistake.
organizations know when the matter has been settled
You must contact us:
between us.
Within 60 days after the error appeared on your
statement.
If we do not follow all of the rules above, you do not have
At least 3 business days before an automated
to pay the first $50 of the amount you question even if your
payment is scheduled, if you want to stop payment
bill is correct.
on the amount you think is wrong.
You must notify us of any potential errors in writing [or
Your Rights If You Are Dissatisfied With Your Credit
electronically]. You may call us, but if you do we are not
Card Purchases
required to investigate any potential errors and you may
If you are dissatisfied with the goods or services that you
have to pay the amount in question.
have purchased with your credit card and you have tried in
good faith to correct the problem with the merchant, you
What Will Happen After We Receive Your Letter
may have the right not to pay the remaining amount due on
When we receive your letter, we must do two things:
the purchase.
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
To use this right, all of the following must be true:
already corrected the error.
1. The purchase must have been made in your home state
2. Within 90 days of receiving your letter, we must either
or within 100 miles of your current mailing address, and the
correct the error or explain to you why we believe the bill is
purchase price must have been more than $50. (Note:
correct. While we investigate whether or not there has
Neither of these are necessary if your purchase was based
been an error:
on an advertisement we mailed to you, or if we own the
company that sold you the goods or services.)
We cannot try to collect the amount in question, or
2. You must have used your credit card for the purchase.
Purchases made with cash advances from an ATM or with a
report you as delinquent on that amount.
check that accesses your credit card account do not qualify.
The charge in question may remain on your
3. You must not yet have fully paid for the purchase.
statement, and we may continue to charge you
interest on that amount.
If all of the criteria above are met and you are still
While you do not have to pay the amount in
dissatisfied with the purchase, contact us in writing at:
question, you are responsible for the remainder of
Bank of the West
your balance.
BankCard Customer Service Department
We can apply any unpaid amount against your
PO Box 2319
credit limit.
Omaha, NE 68172-9793
While we investigate, the same rules apply to the disputed
After we finish our investigation, one of two things will
amount as discussed above. After we finish our
happen:
investigation, we will tell you our decision. At that point, if
we think you owe an amount and you do not pay, we may
If we made a mistake: You will not have to pay the
report you as delinquent.
amount in question or any interest or other fees
related to that amount.
M-118007
BW-CCAG (REV. 07/2016)
NOTICE FOR WISCONSIN RESIDENTS: Any holder of this
Credit Card Agreement is subject to all claims and defenses
which the debtor could assert against the seller of goods or
services obtained pursuant hereto or with the proceeds
hereof. Recovery hereunder by the debtor shall not exceed
amounts paid by the debtor hereunder.
M-118007
BW-CCAG (REV. 07/2016)
Interest Rates, Interest Charges, and Fees - Bank of the West World MasterCard® Card
Interest Rates and Interest Charges
Annual Percentage Rate
0.00%
Introductory APR for the first six months.
(APR) for Purchases
After that, your APR will be
13.24%
to
23.24%.
based on your
creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
13.24% to 23.24%, based on your creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
25.24%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
30.24%
Applies
This APR may be applied to your account if your payment is more than 60 days past
the Payment Due Date.
How Long Will the Penalty APR Apply? The Penalty APR will apply until you
make six consecutive minimum payments when due beginning with the payment
following the commencement of the Penalty APR.
This APR will vary with the market based on the Prime Rate.
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial
visit the website of the Consumer Financial Protection Bureau
Protection Bureau
at http://www.consumerfinance.gov/learnmore/.
Fees
Annual Fee
$851
Transaction Fees
Balance Transfer
Either $5 or 3% of the amount of each transfer, whichever is greater.
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction
1% of the U.S. Dollar amount of each such transaction.
Penalty Fees
Late Payment
Up to $35 (Varies by State. See next page for details.).
Returned Payment
Up to $35 (Varies by State. See next page for details.).
How We Will Calculate Your Balance: We will use a method called "average daily balance (including new
purchases)." See your Credit Card Agreement for more details.
Loss of Introductory APR: We may end your introductory APR and apply the Penalty APR if your payment is more than
60 days past the Payment Due Date.
Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your
Credit Card Agreement.
Continued on next page.
1
The World MasterCard card is subject to an Annual Membership Fee if you do not maintain an open Bank of the West
Premier Checking account. For details, refer to the World MasterCard Credit Card Agreement.
Late Payment fee for lowa residents is $15. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due,
the fee will be equal to the Minimum Payment Due.
Returned Payment fee for lowa residents is $19.95. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment
Due, the fee will be equal to the Minimum Payment Due.
In South Dakota, Bank of the West operates under the name of Bank of the West California.
BANK
OF
BNP PARIBAS GROUP
CREDIT CARD AGREEMENT
(World MasterCard® Card)
By requesting or accepting any World MasterCard account
3. Temporary Reduction of Credit Limit. Merchants,
(individually or collectively called "Credit Card account" or
such as car rental companies and hotels, may request prior
"Account") with Bank of the West, you agree to be bound by
credit approval from us for an estimated amount of your
all the terms of this Agreement. In this Agreement, the
Purchases, even if you ultimately do not pay by credit. If our
words "you" or "your" mean everyone who has requested or
approval is granted, your available Credit Limit will
accepted a Credit Card account with us. The words "we,"
temporarily be reduced by the amount authorized by us. If
"us," "our," or "Bank" mean Bank of the West. If you do not
you do not ultimately use your Credit Card account to pay
accept this Agreement, you must notify us in writing within 5
for your Purchases or if the actual amount of Purchases
days after receipt. Use of your card or any feature
posted to your Credit Card account varies from the
(including a balance transfer) of your Credit Card
estimated amount approved by us, it is the responsibility of
Agreement shall constitute acceptance of this Agreement.
the merchant, not us, to cancel the prior credit approval
1. Use. Your World MasterCard Card (individually or
based on the estimated amount. The failure of the merchant
collectively called "Card") may be used as a credit card for
to cancel a prior credit approval may result in a temporary
purchases of goods or services from participating
reduction of your available Credit Limit, but will not increase
merchants ("Purchases") or to get Cash Advances from us
the amount you owe us under this Agreement.
or any other financial institution displaying the "MasterCard"
4. Agreement to Pay. When you use your Card or Credit
logo, or to purchase certain items such as traveler's
Card account, or when you permit anyone to use it, you
cheques, foreign currency, money orders, wire transfers,
agree to pay the amount of any and all transactions
lottery tickets, and (except as noted below) funds to be used
(including any which may have been made in violation of this
for wagers or gambling (all of which are collectively referred
Agreement), and the INTEREST CHARGES and fees that
to as "Cash Advances") up to your Credit Limit; provided,
may become due as shown on the periodic statement. You
however, you may not use your Card (i) to make Purchases
agree that we may change or cancel your Credit Card
or obtain Cash Advances for any illegal transaction, or (ii) for
Account at any time without affecting your obligation to pay
any internet or online gambling transactions. Transactions
the amounts that you owe under this Agreement.
for online or internet gambling will not be approved. If you
5. Periodic Statement. Each month we will send you a
use your Card for any illegal or prohibited transaction, this
periodic statement for each Credit Card account you have
Agreement also applies to such transaction and you agree
with us covering the previous billing period. We may not
to pay any and all amounts related to such transaction
send you a statement if your balance is less than $1 and
pursuant to the terms of this Agreement. We may, in our
there were no transactions during the billing period. The
sole discretion, restrict the use of or terminate your Card if
statement will have a "Statement Period Date", "Statement
we notice excessive use of your Card or other suspicious
Closing Date" and a "Payment Due Date," and will show,
activities or if we reasonably believe the Card is or has been
among other things, your "Previous Balance," your "New
used for one or more illegal or prohibited transactions. You
Balance," and your minimum monthly payment, which will be
can also obtain a Cash Advance by writing a special
shown as "Minimum Payment Due."
MasterCard check ("Convenience Check"). The Cash
6. Payment. You must make a payment by the "Payment
Advance will be posted to your Credit Card account when
Due Date." You have two choices: You may pay the entire
the Convenience Check reaches us. If you stop payment on
"New Balance" or you may pay in installments by paying at
a Convenience Check, your Credit Card account will be
least the "Minimum Payment Due." When your payment is
charged $16.00 (or as permitted by law) for each stop
properly received, we will allocate your payment in a manner
payment. We may designate that only a portion of your
we determine except as otherwise required by law. The
Credit Limit is available for Cash Advances. In addition, you
Minimum Payment is applied first to fees, then to
may request that we pay other creditors on your behalf and
INTEREST CHARGES and finally to principal. We apply the
transfer approved amounts to your Account ("Balance
Minimum Payment to balances with lower APRs, including
Transfers").
introductory APRs, before balances with higher APRs.
Your Card may also be used in certain automated
Payments made in excess of the Minimum Payment will be
terminals to gain access to your Credit Card accounts. We
applied first to balances with the highest Annual Percentage
have no responsibility for the failure of any machine,
Rate and then to each successive balance bearing the next
merchant, financial institution, or any other party to honor
highest Annual Percentage Rate.
your Card. Your Card and Credit Card account may be used
Payments must be mailed to the BankCard Center
only for valid and lawful purposes. If you use or allow
address specified in your periodic statement. Payments
someone else to use the Card or Credit Card account for
must reach our BankCard Center during our regular
any other purpose, you will be responsible for such use and
business day in order to be credited on that date. Payments
may be required to reimburse us for all amounts or
received after the cutoff times of 5:00 p.m. PT are credited
expenses we pay as a result of such use.
as of the following business day. If you make payment by
2. Credit Limit. We will notify you of the Credit Limit for
any means other than mail to our BankCard Center crediting
each Credit Card account you have with us. You agree that
of the payment may be delayed. If you fail to properly make
your total charges, including Purchases, Cash Advances,
payments, crediting such payments may be delayed. Your
Balance Transfers, INTEREST CHARGES, and fees that
total available credit may not be restored for up to 15 days
may be due will not exceed your Credit Limit. If you do go
after we receive your payment.
over your Credit Limit, you must repay the excess amount
If a payment is returned to us for any reason, we may
immediately, and we may reduce the available Credit Limit
apply a Returned Payment Fee of $25 for the first violation
of any other Credit Card account you have with us until such
and $35 for each subsequent violation within the next six
time the excess amount is repaid. You may apply to
billing cycles. The Returned Payment Fee for lowa residents
increase your Credit Limit at any time but we are not
is $19.95. If the Returned Payment Fee is greater than the
obligated to increase your Credit Limit at any time.
Minimum Payment Due, the fee will be equal to the
Furthermore, we reserve the right to lower your Credit Limit
Minimum Payment Due.
at any time. For security reasons, we may limit the number
From time to time, we may let you skip or reduce one or
or amount of transactions that may be accomplished with
more monthly payments during a year and/or we may
your Card or Credit Card account, and we have the right to
temporarily reduce or eliminate certain INTEREST
limit authorizations to make transactions if we consider it
CHARGES on all or a portion of your Credit Card account
necessary to verify Payments received on your Credit Card
balance or offer you other special terms. If we do, we will
account. If we accept a payment from you in excess of your
advise you of the scope and duration of the applicable skip
outstanding balance, your available Credit Limit will not be
or promotional feature. When the skip or promotional
increased by the amount of the overpayment nor will we be
feature ends, your regular rates and all the terms of the
required to authorize transactions for an amount in excess
Agreement will resume.
of your Credit Limit.
7. Minimum Payment- Late Payment Fee. At least the
amount of the "Minimum Payment Due" must be received by
-118440
BW-WCCAG (07/2016)
us by the "Payment Due Date." If it is not, we may apply a
Cash Advances on your Account is based on a variable rate
Late Payment fee of $25 for the first violation and $35 for
equal to the sum of the Current Index plus a "Rate Spread"
each subsequent violation within the next six billing cycles.
of 21.74 percentage points. Immediately before each
The Late Payment fee for lowa residents is $15. If the Late
Change Date we will determine the new interest rate by
Payment fee is greater than the Minimum Payment Due, the
adding the Rate Spread to the Current Index. The new
fee will be equal to the Minimum Payment Due. If such
interest rate will become effective at the start of your first
charge would result in an INTEREST CHARGE greater than
billing cycle after the Change Date. Only one Annual
the maximum allowed by law, we will only charge the
Percentage Rate and Daily Periodic Rate will be in effect for
maximum allowable rate. Your Minimum Payment Due will
each Balance Category during the billing period. The Annual
be 3% of the New Balance plus any Late Payment fee (with
Percentage Rate will not exceed the maximum rate
a minimum of the lesser of $25 or your New Balance) and
permitted by law. The effect of any increase in the Annual
any amount over your credit limit and past due amount.
Percentage Rate and the Daily Periodic Rate would be to
8. How to Avoid Paying Interest on Purchases. There
increase the amount of INTEREST CHARGE or interest you
may be different treatment of INTEREST CHARGES for
must pay and thus increase your monthly payments.
Purchases, Balance Transfers, and Cash Advances, even
10. Transaction Fees. You also agree to pay us the
though they are computed the same way. You may avoid
appropriate fees listed below (as permitted by applicable
paying an INTEREST CHARGE on Purchases if we receive
law) which may be amended from time to time by us. You
the entire New Balance by the Payment Due Date. If we do
authorize us to charge your Credit Card account for the
not receive the entire New Balance by the Payment Due
following fees due to us. Balance Transfer fee: 3.00% of
Date, the INTEREST CHARGE will be charged on the
each balance transferred, $5 minimum. Cash Advance fee:
Purchases from the date of the transaction. INTEREST
4.00% of each Cash Advance, $10 minimum.
CHARGES on all other balances, including Cash Advances
11. Foreign Transaction Fee. Transactions that you
and Balance Transfers, begin on the transaction date and
make in a foreign currency or that you make outside of the
will be assessed even if your entire New Balance is paid by
United States of America even if it is made in U.S. dollars
the Payment Due Date.
are considered foreign transactions. If you make
a
9. Computing Your INTEREST CHARGE. We figure the
transaction in a foreign currency it will be billed to you in
INTEREST CHARGE on each Credit Card account by
U.S. Dollars. The conversion rate to U.S. Dollars will be
applying the periodic rate to the "Average Daily Balance" of
determined by MasterCard International in accordance with
each Balance Category on the Credit Card account,
their operating regulations or conversion procedures in
including current transactions. Balance Categories include
effect at the time the transaction is processed. Currently,
Purchases, Balance Transfers, Cash Advances,
their regulations and procedures provide that the currency
Introductory Rates and any special rate offers we may make
conversion rate they use is either (1) a government-
available from time to time. If you are charged interest, the
mandated rate or (2) a wholesale market rate, whichever is
charge will be no less than $1.00 (the minimum interest
applicable, in effect one day prior to the processing date.
charge will appear as "Minimum Charge" in the fees section
We do not determine the currency conversion rate which is
of your statement).
used. You agree to pay the converted amount in U.S.
a. Average Daily Balance. To obtain the daily balance
funds. In addition, MasterCard will charge us (the Bank) an
for each Balance Category we take the beginning balance
international transaction fee, currently equal to one percent
each day and add new transactions applicable to each
(1.00%) of the transaction amount, which we will charge you
category, and subtract any payments, credits, and refunds
whether that transaction was originally made in U.S. dollars
applied to the category. To figure your Average Daily
or was made in another currency and converted to U.S.
Balance for each Balance Category, we add all your daily
dollars. This fee will be shown as a Foreign Transaction Fee
balances and divide by the number of days in the billing
on your statement.
period.
12. Annual Membership Fee. The World
b. Figuring the INTEREST CHARGE. We compute the
MasterCard Account is subject to an Annual Membership
INTEREST CHARGE for each Balance Category by
Fee of $85.00. The Annual Membership Fee will be waived
multiplying these Average Daily Balances by the applicable
for the first year of your Account. After the first year, on an
Daily Periodic Rate, and then we multiply the result by the
annual basis, but in no case later than the first business day
number of days in the billing period. To determine the Daily
of the second month of the quarter preceding the
Periodic Rate for each Balance Category, we divide the
anniversary of the Account's opening date, the Bank will
applicable ANNUAL PERCENTAGE RATE in effect for the
review the status of your Bank of the West Premier
billing period by 365 (366 for leap year). The way we get the
Checking account to determine whether or not the Annual
ANNUAL PERCENTAGE RATE for each Balance Category
Membership Fee will be waived. This waiver will be applied
is described below under "Fixed Rate" and "Variable Rate."
annually so long as you maintain an open Bank of the West
C. Fixed Rate. For the first six months (Introductory
Premier Checking account at the time the Bank evaluates
Period) your interest rate for Purchases on your Account is
your status.
equal to 0.00% APR; thereafter, your interest rate for
13. Other Fees. As allowed by law, we may charge, and
Purchases will apply. There is no introductory rate for
you agree to pay, fees for certain services or requests made
Balance Transfers or Cash Advances.
by you, such as but not limited to: Automated Teller Machine
d. Variable Rate. The current Annual Percentage Rate
("ATM") transactions conducted at machines not operated
for all variable rates is shown on the Account Opening
by us, requests for copies of billing statements, sales drafts,
Disclosure which has been provided to you with this
or other records of your Account, or if you request a
Agreement. The Daily Periodic Rate and the corresponding
replacement card(s). However, we will not charge fees for
Annual Percentage Rate may change each month on the
copies of documents requested for a billing dispute. These
first day of each of your billing cycles. Each date on which
fees may change from time to time. We will inform you of
the rate of interest could change is called a "Change Date."
the fee(s) that you will incur prior to when the applicable
Changes will be based on changes in the "Index." The Index
service(s) is(are) provided or when you make the request(s),
is the highest Prime Rate published in the "Money Rates"
as applicable. You authorize us to charge your Credit Card
table of The Wall Street Journal. If the Index is no longer
account for any such fees that you incur. We reserve the
available, we will choose a new index which is based upon
right to waive a fee from time to time but a waiver does not
comparable information and will give you notice of our
mean we will continue to waive such fee in the future.
choice. The Index figure published on the second Tuesday
14. Default. We may declare the entire balance for all
(or on the next business day if the second Tuesday is a
Credit Card accounts due and payable at once with or
holiday) each month is called the "Current Index." Your
without notice or demand if any of these events (a "Default")
interest rate for Purchases (after the Introductory Period)
happens:
and Balance Transfers on your World MasterCard account
a. If you miss a payment under this Agreement or any
is based on a variable rate equal to the sum of the Current
other obligation you owe us; or
Index plus a "Rate Spread" of 9.74 to 19.74 percentage
b. If you violate any terms of this Agreement.
points, based on your creditworthiness. The interest rate for
118440
BW-WCCAG (07/2016)
If you are in Default, we may terminate your Credit Card
16. Lost or Stolen Card; Your Liability for
account, make no more additional loans, and require you to
Unauthorized Use. Tell us AT ONCE if you believe your
immediately repay the entire unpaid balance of all amounts
Card has been lost or stolen. Telephoning is the best way of
due on your Credit Card account, including but not limited to
keeping your possible losses down.
all loan amounts, late charges and other charges assessed
You may be liable for the unauthorized use of your Card
but not paid, and all of the INTEREST CHARGES accrued
as a credit card. You will not be liable for unauthorized use
but not paid. If we terminate your Credit Card account, your
of your Card as a credit card which occurs after you notify
obligation to repay the amounts you already owe us would
us at the telephone number or address stated in paragraph
continue.
17, orally or in writing, of loss, theft, or possible unauthorized
At our option, we may also take action short of terminating
use. In any case, your liability for unauthorized use of your
your Credit Card account. If your required minimum
Card as a credit card will not exceed $50.00.
payment (shown on your periodic statement as "Minimum
17. Where to Call or Write. If you believe your Card has
Payment Due") is not received within 60 days of the
been lost or stolen or that someone is using your Card or
Payment Due Date, your ANNUAL PERCENTAGE RATE
Credit Card account without your permission, call: 1-844-
for all balances will be a variable rate equal to the sum of
446-9378 (for TTY/TDD call 1-800-659-5495) or write to: PO
the Current Index plus a "Rate Spread" of 26.74 percentage
Box 2078, Omaha, NE 68103-2078.
points (Penalty Rate). You will be provided with a notice 45
18. Our Business Days. Our business days are Monday
days in advance of the effective date of the change in
through Friday, except for bank holidays.
Annual Percentage Rate. Your payments under this
19. Credit Investigation and Disclosure. You authorize
Agreement, including the amount of the INTEREST
us, both now and in the future, to check your credit and
CHARGE, will increase as a result of the increase in your
employment history and to release information about our
ANNUAL PERCENTAGE RATE, and any such increase in
credit experience with you in response to legitimate credit
your ANNUAL PERCENTAGE RATE will be shown on your
inquiries. If you believe that we have incorrect information or
next periodic statement. We may reinstate your ANNUAL
have reported inaccurate information about you to a credit
PERCENTAGE RATE to the rate set forth in this Agreement
bureau, please call us at 1-844-446-9378 (for TTY/TDD call
once you have made at least your Minimum Payment Due
1-800-659-5495).
for (6) consecutive billing periods immediately following the
20. Security Interest. We have no security for any
effective date of the Penalty Rate. If we take such lesser
amounts which become due under this Agreement, even
action initially, we reserve the right to terminate your Credit
though any other agreement you may have with us, such as
Card account and accelerate all amounts due under this
a mortgage, may provide for such a security interest, unless
Agreement regardless of whether any additional events
you have given us a specific security interest in connection
have occurred which would permit termination and
with this Agreement, which is described on the Supplement
acceleration.
attached to this Agreement.
15. Automated Terminal Services
21. Collection. You promise to pay all collection costs,
a. Automated Terminals. You may use your Card in
including, without limitation, mailgram charges, reasonable
the following automated terminals:
lawyers' fees and court costs, as permitted by law.
(1) Any Bank of the West automated teller machines.
22. If There are More Than One of You. Each of you
(2) Any other automated teller machine that is
individually, or all of you together, will be liable under this
participating in a network and accepts our Card ("Network
Agreement. We may collect from or sue any one of you, or
ATM") and
make any settlements or extensions with any one of you,
(3) Any point-of-sale terminal that accepts our Card
without giving up our rights against the other. You
("POS terminal").
understand that any one of you can make Purchases, get
b. Services Available at an Automated Terminal
Cash Advances, or perform Balance Transfers under this
(1) You may use your Card at a Bank of the West or
Agreement which will be binding upon all of you.
any Network ATM to:
23. No Waiver of Rights. If we choose to waive any of
(a) Get a Cash Advance from your Credit Card
the terms or conditions of this Agreement on a case-by-case
account.
basis, such as by not declaring the entire balance due when
(b) Get your Credit Card account balances. These
the minimum monthly payment has not been made on time,
balances may not include some transactions recently made
it does not mean that we have waived, or given up, our right
in your Credit Card account. Some of the services described
to exercise any of our rights or remedies under this
in subparagraphs (a) and (b) may not be available at all
Agreement in the future. We are not required to use any
Network ATMs.
particular kind of demand or notice in order to collect
(c) You may use your Card at a POS terminal to
amounts due to us under this Agreement. No indulgence or
purchase certain merchandise. The amount of your
acceptance by us of delinquent or partial payments
purchase will automatically be charged to your Credit Card
constitute a waiver of our rights or of any provision of this
account as a Purchase.
Agreement. No waiver of any existing default shall be
C. Limits of Automated Terminal Services Cash
deemed to waive any subsequent default.
Advances. You may get a Cash Advance from a Bank of
24. Changing Terms. We can change, add to, delete or
the West Automated Terminal up to an aggregate amount of
otherwise modify the terms of this Agreement at any time in
$500 each calendar day, provided that this amount does not
any way permitted by law. We will send you a notice of
exceed your Credit Limit. This amount may be less for Cash
change at least 45 days (or as required by applicable law)
Advances from Network ATMs.
before the effective date of the change. We do not have to
d. Card and Secret Code (PIN) Use. You are
send you an advance notice of the change if it favors you,
responsible for all transactions in which you use your Card
such as by reducing rates, or increasing the maximum credit
in an automated terminal, or the use of the Card by anyone
limit. Except in cases where we are changing terms due to
else who uses it with your permission. Security in use of the
the Minimum Payment Due not being received within 60
Card is provided by the secret code, which we will provide
days of the Payment Due Date, you agree that the change
you, and the magnetically encoded stripe on the Card.
may cover all transactions made 15 days after we mail the
Please keep the Card safe and also protect the secret code.
notice. If you do not agree to the change, a method for
Use the Card and the secret code as instructed at all times.
rejecting the change and closing the account will be
Please notify us of any mechanical or operating failure in
provided in the Change of Terms Notice. You agree that if
connection with the use of your Card. Do not permit anyone
you use your card after the effective date of the change, this
else to use your Card and do not disclose your secret code
will constitute your agreement with the change.
or record it on the Card. The Card remains the property of
25. Canceling this Agreement. We have the right to
the Bank and can be revoked and repossessed at any time.
cancel this Agreement at any time by sending a notice to
You must return it to us when asked.
any one of you in writing. You also have the same right to
e. Fees for Using Automated Terminal Services.
cancel this Agreement at any time by sending us a notice in
Fees may be charged for transactions made at automated
writing or calling the BankCard Center at 1-844-446-9378
teller machines not operated by us as described in
(for TTY/TDD call 1-800-659-5495). If this Agreement is
paragraph 13-Other Fees.
canceled by you or us, your obligation is to repay amounts
-118440
BW-WCCAG (07/2016)
you already owe under this Agreement. In either case, the
telephone calls regarding your banking services to assure
account will be closed and you will no longer have access to
the quality of our service or for other reasons. You expressly
the account.
consent that we, any of our affiliates, agents, independent
26. Governing Law. This Agreement will be governed by
contractors or service providers may use written, electronic,
the laws of the State of Nebraska, and, as applicable,
or verbal means, or any other medium, as permitted by law
federal law, regardless of where the transactions are made.
and including, but not limited to, mail and facsimile, to
27. Monitoring/Recording Telephone Calls. Our
contact you. Your consent includes, but is not limited to,
supervisory personnel may listen to and record your
contact by manual calling methods, prerecorded or artificial
telephone calls to us for the purpose of monitoring and
voice messages, text messages, e-mails and/or automatic
improving the quality of service you receive.
telephone dialing systems. You agree that we, any of our
28. Severability. All other provisions of this Agreement
affiliates, agents, independent contractors or service
shall remain in full force even if one or more provisions of
providers may contact you by using any e-mail or any
this Agreement are held invalid, illegal, void or
telephone number you provide, including a telephone
unenforceable by any rule or law, administrative order or
number for a cellular phone or other wireless device,
judicial decision.
regardless of whether you incur any charges as a result.
29. Our Communications with You
You agree that we, any of our affiliates, agents, independent
contractors or service providers may monitor and record
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.
What To Do If You Find a Mistake on Your Statement
delinquent if you do not pay the amount we think
If you think there is an error on your statement, write to us
you owe.
at:
If you receive our explanation but still believe your bill is
Bank of the West
wrong, you must write to us within 10 days telling us that you
BankCard Customer Service Department
still refuse to pay. If you do so, we cannot report you as
PO Box 2319
delinquent without also reporting that you are questioning
Omaha, NE 68172-9793
your bill. We must tell you the name of anyone to whom we
In your letter, give us the following information:
reported you as delinquent, and we must let those
Account information: Your name and account
organizations know when the matter has been settled
number.
between us.
Dollar amount: The dollar amount of the suspected
If we do not follow all of the rules above, you do not have to
error.
pay the first $50 of the amount you question even if your bill
Description of problem: If you think there is an error
is correct.
on your bill, describe what you believe is wrong and
why you believe it is a mistake.
Your Rights If You Are Dissatisfied With Your Credit
You must contact us:
Card Purchases
Within 60 days after the error appeared on your
If you are dissatisfied with the goods or services that you
statement.
have purchased with your credit card and you have tried in
At least 3 business days before an automated
good faith to correct the problem with the merchant, you
payment is scheduled, if you want to stop payment
may have the right not to pay the remaining amount due on
on the amount you think is wrong.
the purchase.
You must notify us of any potential errors in writing. You
may call us, but if you do we are not required to investigate
To use this right, all of the following must be true:
any potential errors and you may have to pay the amount in
1. The purchase must have been made in your home state
question.
or within 100 miles of your current mailing address, and
the purchase price must have been more than $50.
What Will Happen After We Receive Your Letter
(Note: Neither of these are necessary if your purchase
When we receive your letter, we must do two things:
was based on an advertisement we mailed to you, or if
1. Within 30 days of receiving your letter, we must tell you
we own the company that sold you the goods or
that we received your letter. We will also tell you if we
services.)
have already corrected the error.
2. You must have used your credit card for the purchase.
Purchases made with cash advances from an ATM or
2. Within 90 days of receiving your letter, we must either
correct the error or explain to you why we believe the bill
with a check that accesses your credit card account do
is correct. While we investigate whether or not there
not qualify.
has been an error:
3. You must not yet have fully paid for the purchase.
We cannot try to collect the amount in question, or
If all of the criteria above are met and you are still
report you as delinquent on that amount.
dissatisfied with the purchase, contact us in writing at:
The charge in question may remain on your
Bank of the West
statement, and we may continue to charge you
BankCard Customer Service Department
interest on that amount.
PO Box 2319
While you do not have to pay the amount in
Omaha, NE 68172-9793
question, you are responsible for the remainder of
While we investigate, the same rules apply to the disputed
your balance.
amount as discussed above. After we finish
our
We can apply any unpaid amount against your
investigation, we will tell you our decision. At that point, if
credit limit.
we think you owe an amount and you do not pay, we may
After we finish our investigation, one of two things will
report you as delinquent.
happen:
If we made a mistake: You will not have to pay the
NOTICE FOR WISCONSIN RESIDENTS: Any holder of this
amount in question or any interest or other fees
Credit Card Agreement is subject to all claims and defenses
related to that amount.
which the debtor could assert against the seller of goods or
If we do not believe there was a mistake: You will
services obtained pursuant hereto or with the proceeds
have to pay the amount in question, along with
hereof. Recovery hereunder by the debtor shall not exceed
applicable interest and fees. We will send you a
amounts paid by the debtor hereunder.
statement of the amount you owe and the date
payment is due. We may then report you as
M 118440
BW-WCCAG (07/2016)
Interest Rates, Interest Charges, and Fees - Bank of the West Wealth Management
World EliteTM MasterCard Credit Card
Interest Rates and Interest Charges
Annual Percentage Rate
0.00%
Introductory APR for the first six months.
(APR) for Purchases
After that, your APR will be
7.40%.
This APR will vary with the market based on
the Prime Rate.
APR for Balance Transfers
7.40%
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
25.24%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
30.24%
Applies
This APR may be applied to your account if your payment is more than 60 days past
the Payment Due Date.
How Long Will the Penalty APR Apply? The Penalty APR will apply until you
make six consecutive minimum payments when due beginning with the payment
following the commencement of the Penalty APR.
This APR will vary with the market based on the Prime Rate.
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial
visit the website of the Consumer Financial Protection Bureau
Protection Bureau
at http://www.consumerfinance.gov/learnmore/.
Fees
Annual Fee
$295
Transaction Fees
Balance Transfer
Either $5 or 3% of the amount of each transfer, whichever is greater.
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction
1% of the U.S. Dollar amount of each such transaction.
Penalty Fees
Late Payment
Up to $35 (Varies by State. See next page for details.).
Returned Payment
Up to $35 (Varies by State. See next page for details.).
How We Will Calculate Your Balance: We will use a method called "average daily balance (including new
purchases)." See your Credit Card Agreement for more details.
Loss of Introductory APR: We may end your introductory APR and apply the Penalty APR if your payment is more than
60 days past the Payment Due Date.
Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your
Credit Card Agreement.
Continued on next page.
1
The Wealth Management World Elite MasterCard Credit Card is subject to an Annual Membership Fee if you do not
maintain Eligible Qualified Balances of $250,000 or more. For details, refer to the Wealth Management World Elite
MasterCard Credit Card Agreement.
Late Payment fee for lowa residents is $15. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due,
the fee will be equal to the Minimum Payment Due.
Returned Payment fee for lowa residents is $19.95. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment
Due, the fee will be equal to the Minimum Payment Due.
In South Dakota, Bank of the West operates under the name of Bank of the West California.
BANK
WEST
WEALTH MANAGEMENT
BNP PARIBAS GROUP
CREDIT CARD AGREEMENT
(Wealth Management World Elite
MasterCard®
Credit
Card)
The terms of the Bank of the West Wealth Management
or amount of transactions that may be accomplished with
World Elite MasterCard Credit Card are available to the
your Card or Credit Card account, and we have the right to
Bank's Wealth Management clients.
limit authorizations to make transactions if we consider it
necessary to verify Payments received on your Credit Card
By requesting or accepting any Wealth Management World
account. If we accept a payment from you in excess of your
Elite MasterCard Credit Card account (individually or
outstanding balance, your available Credit Limit will not be
collectively called "Credit Card account" or "Account") with
increased by the amount of the overpayment nor will we be
Bank of the West, you agree to be bound by all the terms of
required to authorize transactions for an amount in excess
this Agreement. In this Agreement, the words "you" or "your"
of your Credit Limit.
mean everyone who has requested or accepted a Credit
3. Temporary Reduction of Credit Limit. Some
Card account with us. The words "we," "us," "our," or "Bank"
merchants (for example, car rental companies and hotels)
mean Bank of the West. If you do not accept this
may request prior credit approval from us for an estimated
Agreement, you must notify us in writing within 5 days after
amount of your Purchases, even if you ultimately do not pay
receipt. Use of your card or any feature (including a balance
by credit. If our approval is granted, your available Credit
transfer) of your Credit Card Agreement shall constitute
Limit will temporarily be reduced by the amount authorized
acceptance of this Agreement.
by us. If you do not ultimately use your Credit Card account
1. Use. Your Wealth Management World Elite MasterCard
to pay for your Purchases or if the actual amount of
Credit Card (individually or collectively called "Card") may be
Purchases posted to your Credit Card account varies from
used as a credit card for purchases of goods or services
the estimated amount approved by us, it is the responsibility
from participating merchants ("Purchases") or to get Cash
of the merchant, not us, to cancel the prior credit approval
Advances from us or any other financial institution displaying
based on the estimated amount. The failure of the merchant
the "MasterCard" logo, or to purchase certain items such as
to cancel a prior credit approval may result in a temporary
traveler's cheques, foreign currency, money orders, wire
reduction of your available Credit Limit, but will not increase
transfers, lottery tickets, and (except as noted below) funds
the amount you owe us under this Agreement.
to be used for wagers or gambling (all of which are
4. Agreement to Pay. When you use your Card or Credit
collectively referred to as "Cash Advances") up to your
Card account, or when you permit anyone to use it, you
Credit Limit; provided, however, you may not use your Card
agree to pay the amount of any and all transactions
(i) to make Purchases or obtain Cash Advances for any
(including any which may have been made in violation of this
illegal transaction, or (ii) for any internet or online gambling
Agreement), and the INTEREST CHARGES and fees that
transactions. Transactions for online or internet gambling
may become due as shown on the periodic statement. You
will not be approved. If you use your Card for any illegal or
agree that we may change or cancel your Credit Card
prohibited transaction, this Agreement also applies to such
Account at any time without affecting your obligation to pay
transaction and you agree to pay any and all amounts
the amounts that you owe under this Agreement.
related to such transaction pursuant to the terms of this
5. Periodic Statement. Each month we will send you a
Agreement. We may, in our sole discretion, restrict the use
periodic statement for each Credit Card account you have
of or terminate your Card if we notice excessive use of your
with us covering the previous billing period. We may not
Card or other suspicious activities or if we reasonably
send you a statement if your balance is less than $1 and
believe the Card is or has been used for one or more illegal
there were no transactions during the billing period. The
or prohibited transactions. You can also obtain a Cash
statement will have a "Statement Period Date", "Statement
Advance by writing a special MasterCard check
Closing Date" and a "Payment Due Date," and will show,
("Convenience Check"). The Cash Advance will be posted
among other things, your "Previous Balance," your "New
to your Credit Card account when the Convenience Check
Balance," and your minimum monthly payment, which will be
reaches us. If you stop payment on a Convenience Check,
shown as "Minimum Payment Due."
your Credit Card account will be charged $16.00 (or as
6. Payment. You must make a payment by the "Payment
permitted by law) for each stop payment. We may designate
Due Date." You have two choices: You may pay the entire
that only a portion of your Credit Limit is available for Cash
"New Balance" or you may pay in installments by paying at
Advances. In addition, you may request that we pay other
least the "Minimum Payment Due." When your payment is
creditors on your behalf and transfer approved amounts to
properly received, we will allocate your payment in a manner
your Account ("Balance Transfers").
we determine except as otherwise required by law. The
Your Card may also be used in certain automated
Minimum Payment is applied first to fees, then to
terminals to gain access to your Credit Card accounts. We
INTEREST CHARGES and finally to principal. We apply the
have no responsibility for the failure of any machine,
Minimum Payment to balances with lower APRs, including
merchant, financial institution, or any other party to honor
introductory APRs, before balances with higher APRs.
your Card. Your Card and Credit Card account may be used
Payments made in excess of the Minimum Payment will be
only for valid and lawful purposes. If you use or allow
applied first to balances with the highest Annual Percentage
someone else to use the Card or Credit Card account for
Rate and then to each successive balance bearing the next
any other purpose, you will be responsible for such use and
highest Annual Percentage Rate.
may be required to reimburse us for all amounts or
Payments must be mailed to the BankCard Center
expenses we pay as a result of such use.
address specified in your periodic statement. Payments
2. Credit Limit. We will notify you of the Credit Limit for
must reach our BankCard Center during our regular
each Credit Card account you have with us. You agree that
business day in order to be credited on that date. Payments
your total charges, including Purchases, Cash Advances,
received after the cutoff times of 5:00 p.m. PT are credited
Balance Transfers, INTEREST CHARGES, and fees that
as of the following business day. If you make payment by
may be due will not exceed your Credit Limit. If you do go
any means other than mail to our BankCard Center crediting
over your Credit Limit, you must repay the excess amount
of the payment may be delayed. If you fail to properly make
immediately, and we may reduce the available Credit Limit
payments, crediting such payments may be delayed. Your
of any other Credit Card account you have with us until such
total available credit may not be restored for up to 15 days
time the excess amount is repaid. You may apply
to
after we receive your payment.
increase your Credit Limit at any time but we are not
If a payment is returned to us for any reason, we may
obligated to increase your Credit Limit at any time.
apply a Returned Payment Fee of $25 for the first violation
Furthermore, we reserve the right to lower your Credit Limit
and $35 for each subsequent violation within the next six
at any time. For security reasons, we may limit the number
billing cycles. The Returned Payment Fee for lowa residents
M-116835
BW-WECCAG (11/2015)
is $19.95. If the Returned Payment Fee is greater than the
the rate of interest could change is called a "Change Date."
Minimum Payment Due, the fee will be equal to the
Changes will be based on changes in the "Index." The Index
Minimum Payment Due.
is the highest Prime Rate published in the "Money Rates"
From time to time, we may let you skip or reduce one or
table of The Wall Street Journal. If the Index is no longer
more monthly payments during a year and/or we may
available, we will choose a new index which is based upon
temporarily reduce or eliminate certain INTEREST
comparable information and will give you notice of our
CHARGES on all or a portion of your Credit Card account
choice. The Index figure published on the second Tuesday
balance or offer you other special terms. If we do, we will
(or on the next business day if the second Tuesday is a
advise you of the scope and duration of the applicable skip
holiday) each month is called the "Current Index." Your
or promotional feature. When the skip or promotional
interest rate for Purchases (after the Introductory Period)
feature ends, your regular rates and all the terms of the
and Balance Transfers on your Wealth Management World
Agreement will resume.
Elite MasterCard Account is based on a variable rate equal
Minimum Payment- Late Payment Fee. At least the
to the sum of the Current Index plus a "Rate Spread" of 3.90
amount of the "Minimum Payment Due" must be received by
percentage points. The interest rate for Cash Advances on
us by the "Payment Due Date." If it is not, we may apply a
your Account is based on a variable rate equal to the sum of
Late Payment fee of $25 for the first violation and $35 for
the Current Index plus a "Rate Spread" of 21.74 percentage
each subsequent violation within the next six billing cycles.
points. Immediately before each Change Date we will
The Late Payment fee for lowa residents is $15. If the Late
determine the new interest rate by adding the Rate Spread
Payment fee is greater than the Minimum Payment Due, the
to the Current Index. The new interest rate will become
fee will be equal to the Minimum Payment Due. If such
effective at the start of your first billing cycle after the
charge would result in an INTEREST CHARGE greater than
Change Date. Only one Annual Percentage Rate and Daily
the maximum allowed by law, we will only charge the
Periodic Rate will be in effect for each Balance Category
maximum allowable rate. Your Minimum Payment Due will
during the billing period. The Annual Percentage Rate will
be 3% of the New Balance plus any Late Payment fee (with
not exceed the maximum rate permitted by law. The effect
a minimum of the lesser of $25 or your New Balance) and
of any increase in the Annual Percentage Rate and the Daily
any amount over your credit limit and past due amount.
Periodic Rate would be to increase the amount of
8. How to Avoid Paying Interest on Purchases. There
INTEREST CHARGE or interest you must pay and thus
may be different treatment of INTEREST CHARGES for
increase your monthly payments.
Purchases, Balance Transfers, and Cash Advances, even
10. Transaction Fees. You also agree to pay us the
though they are computed the same way. You may avoid
appropriate fees listed below (as permitted by applicable
paying an INTEREST CHARGE on Purchases if we receive
law) which may be amended from time to time by us. You
the entire New Balance by the Payment Due Date. If we do
authorize us to charge your Credit Card account for the
following fees due to us. Balance Transfer fee: 3.00% of
not receive the entire New Balance by the Payment Due
each balance transferred, $5 minimum. Cash Advance fee:
Date, the INTEREST CHARGE will be charged on the
Purchases from the date of the transaction. INTEREST
4.00% of each Cash Advance, $10 minimum.
CHARGES on all other balances, including Cash Advances
11. Foreign Transaction Fee. Transactions that you
and Balance Transfers, begin on the transaction date and
make in a foreign currency or that you make outside of the
United States of America even if it is made in U.S. dollars
will be assessed even if your entire New Balance is paid by
the Payment Due Date.
are considered foreign transactions. If you make
a
transaction in a foreign currency it will be billed to you in
9. Computing Your INTEREST CHARGE. We figure the
U.S. Dollars. The conversion rate to U.S. Dollars will be
INTEREST CHARGE on each Credit Card account by
determined by MasterCard International in accordance with
applying the periodic rate to the "Average Daily Balance" of
their operating regulations or conversion procedures in
each Balance Category on the Credit Card account,
effect at the time the transaction is processed. Currently,
including current transactions. Balance Categories include
Purchases, Balance Transfers, Cash Advances,
their regulations and procedures provide that the currency
conversion rate they use is either (1) a government-
Introductory Rates and any special rate offers we may make
mandated rate or (2) a wholesale market rate, whichever is
available from time to time. If you are charged interest, the
applicable, in effect one day prior to the processing date.
charge will be no less than $1.00 (the minimum interest
We do not determine the currency conversion rate which is
charge will appear as "Minimum Charge" in the fees section
used. You agree to pay the converted amount in U.S.
of your statement).
funds. In addition, MasterCard will charge us (the Bank) an
a. Average Daily Balance. To obtain the daily balance
international transaction fee, currently equal to one percent
for each Balance Category we take the beginning balance
(1.00%) of the transaction amount, which we will charge you
each day and add new transactions applicable to each
whether that transaction was originally made in U.S. dollars
category, and subtract any payments, credits, and refunds
or was made in another currency and converted to U.S.
applied to the category. To figure your Average Daily
dollars. This fee will be shown as a Foreign Transaction Fee
Balance for each Balance Category, we add all your daily
on your statement.
balances and divide by the number of days in the billing
period.
12. Annual Membership Fee. The Wealth Management
b. Figuring the INTEREST CHARGE. We compute the
World Elite MasterCard Credit Card is subject to an Annual
INTEREST CHARGE for each Balance Category by
Membership Fee of $295. The Annual Membership Fee will
multiplying these Average Daily Balances by the applicable
be assessed in the first billing cycle after Account opening
Daily Periodic Rate, and then we multiply the result by the
and annually thereafter. A credit in the amount of the Annual
number of days in the billing period. To determine the Daily
Membership Fee (the "AMF Credit") for the first year will
Periodic Rate for each Balance Category, we divide the
appear on your first billing statement. No later than the first
applicable ANNUAL PERCENTAGE RATE in effect for the
business day of the last month of the quarter preceding the
billing period by 365 (366 for leap year). The way we get the
annual anniversary of the Account's opening date (Annual
ANNUAL PERCENTAGE RATE for each Balance Category
Fee Determination Date), the Bank will determine whether
is described below under "Fixed Rate" and "Variable Rate."
or not to apply the AMF Credit by evaluating your month-end
C. Fixed Rate. For the first six months (Introductory
Eligible Qualified Balances for the prior 3 consecutive
Period) your interest rate for Purchases on your Account is
months selected by the Bank. The AMF Credit will be
equal to 0.00% APR; thereafter, your interest rate for
applied if you maintain month-end Eligible Qualified
Purchases will apply. There is no introductory rate for
Balances of $250,000 or more, as calculated by the Bank, in
Balance Transfers or Cash Advances.
any one of the prior 3 consecutive months used to evaluate
d. Variable Rate. The current Annual Percentage Rate
eligibility. If you do not qualify for the AMF Credit, within 90
for all variable rates is shown on the Account Opening
days of the fee being charged, you can increase your
Disclosure which has been provided to you with this
Eligible Qualified Balances or close your Account and
Agreement. The Daily Periodic Rate and the corresponding
request to have the AMF Credit applied retroactively.
Annual Percentage Rate may change each month on the
The term "Eligible Qualified Balances" used in this
first day of each of your billing cycles. Each date on which
Agreement means and shall include (i) deposits and
M-116835
BW-WECCAG (11/2015)
investments maintained with the Bank, including those
(1) You may use your Card at a Bank of the West or
maintained with the Bank's Investment Management or
any Network ATM to:
Trust Services departments, and (ii) investment balances
(a) Get a Cash Advance from your Credit Card
with the Bank's affiliate, BancWest Investment Services,
account.
Inc. Eligible Qualified Balances may be owned by you
(b) Get your Credit Card account balances. These
directly, or held in any trust controlled by you as settlor and
balances may not include some transactions recently made
trustee. Deposits or investments held by business entities
in your Credit Card account. Some of the services described
that are wholly-owned and controlled by you may also be
in subparagraphs (a) and (b) may not be available at all
included. Eligible Qualified Balances do not include any
Network ATMs.
account prohibited by law or which the inclusion of may
(c) You may use your Card at a POS terminal to
result in a breach of any fiduciary duty, law or regulation,
purchase certain merchandise. The amount of your
including the Employee Retirement Income Security Act of
purchase will automatically be charged to your Credit Card
1974 ("ERISA").
account as a Purchase.
13. Other Fees. As allowed by law, we may charge, and
C. Limits of Automated Terminal Services Cash
you agree to pay, fees for certain services or requests made
Advances. You may get a Cash Advance from a Bank of
by you, such as but not limited to: Automated Teller Machine
the West Automated Terminal up to an aggregate amount of
("ATM") transactions conducted at machines not operated
$1,000 each calendar day, provided that this amount does
by us, requests for copies of billing statements, sales drafts,
not exceed your Credit Limit. This amount may be less for
or other records of your Account, or if you request a
Cash Advances from Network ATMs.
replacement card(s). However, we will not charge fees for
d. Card and Secret Code (PIN) Use. You are
copies of documents requested for a billing dispute. These
responsible for all transactions in which you use your Card
fees may change from time to time. We will inform you of
in an automated terminal, or the use of the Card by anyone
the fee(s) that you will incur prior to when the applicable
else who uses it with your permission. Security in use of the
service(s) is(are) provided or when you make the request(s),
Card is provided by the secret code, which we will provide
as applicable. You authorize us to charge your Credit Card
you, and the magnetically encoded stripe on the Card. You
account for any such fees that you incur. We reserve the
are responsible for keeping the Card safe and also for
right to waive a fee from time to time but a waiver does not
protecting the secret code. Use the Card and the secret
mean we will continue to waive such fee in the future.
code only as instructed at all times. Please notify us of any
14. Default. We may declare the entire balance for all
mechanical or operating failure in connection with the use of
Credit Card accounts due and payable at once with or
your Card. Do not permit anyone else to use your Card and
without notice or demand if any of these events (a "Default")
do not disclose your secret code or record it on the Card.
happens:
The Card remains the property of the Bank and can be
a. If you miss a payment under this Agreement or any
revoked and repossessed at any time. You must return it to
other obligation you owe us; or
us when asked.
b. If you violate any terms of this Agreement.
e. Fees for Using Automated Terminal Services.
If you are in Default, we may terminate your Credit Card
Fees may be charged for transactions made at automated
account, make no more additional loans, and require you to
teller machines not operated by us as described in
immediately repay the entire unpaid balance of all amounts
paragraph 13-Other Fees.
due on your Credit Card account, including but not limited to
16. Lost or Stolen Card; Your Liability for
all loan amounts, late charges and other charges assessed
Unauthorized Use. Tell us AT ONCE if you believe your
but not paid, and all of the INTEREST CHARGES accrued
Card has been lost or stolen. Telephoning is the best way of
but not paid. If we terminate your Credit Card account, your
keeping your possible losses down.
obligation to repay the amounts you already owe us would
You may be liable for the unauthorized use of your Card
continue.
as a credit card. You will not be liable for unauthorized use
At our option, we may also take action short of terminating
of your Card as a credit card which occurs after you notify
your Credit Card account. If your required minimum
us at the telephone number or address stated in paragraph
payment (shown on your periodic statement as "Minimum
17, orally or in writing, of loss, theft, or possible unauthorized
Payment Due") is not received within 60 days of the
use. In any case, your liability for unauthorized use of your
Payment Due Date, your ANNUAL PERCENTAGE RATE
Card as a credit card will not exceed $50.00.
for all balances will be a variable rate equal to the sum of
17. Where to Call or Write. If you believe your Card has
the Current Index plus a "Rate Spread" of 26.74 percentage
been lost or stolen or that someone is using your Card or
points (Penalty Rate). You will be provided with a notice 45
Credit Card account without your permission, call: 1-866-
days in advance of the effective date of the change in
218-4959 (for TTY/TDD call 1-800-659-5495) or write to:
Annual Percentage Rate. Your payments under this
Bank of the West, BankCard Security Department, PO Box
Agreement, including the amount of the INTEREST
2078, Omaha, NE 68103-2078.
CHARGE, will increase as a result of the increase in your
18. Our Business Days. Our business days are Monday
ANNUAL PERCENTAGE RATE, and any such increase in
through Friday, except for bank holidays.
your ANNUAL PERCENTAGE RATE will be shown on your
19. Credit Investigation and Disclosure. You authorize
next periodic statement. We may reinstate your ANNUAL
us, both now and in the future, to check your credit and
PERCENTAGE RATE to the rate set forth in this Agreement
employment history and to release information about our
once you have made at least your Minimum Payment Due
credit experience with you in response to legitimate credit
for (6) consecutive billing periods immediately following the
inquiries. If you believe that we have incorrect information or
effective date of the Penalty Rate. If we take such lesser
have reported inaccurate information about you to a credit
action initially, we reserve the right to terminate your Credit
bureau, please call us at 1-866-218-4959 (for TTY/TDD call
Card account and accelerate all amounts due under this
1-800-659-5495).
Agreement regardless of whether any additional events
20. Security Interest. We have no security for any
have occurred which would permit termination and
amounts which become due under this Agreement, even
acceleration.
though any other agreement you may have with us, such as
15. Automated Terminal Services
a mortgage, may provide for such a security interest, unless
a. Automated Terminals. You may use your Card in
you have given us a specific security interest in connection
the following automated terminals:
with this Agreement, which is described on the Supplement
(1) Any Bank of the West automated teller machines.
attached to this Agreement.
(2) Any other automated teller machine that is
21. Collection. You promise to pay all collection costs,
participating in a network and accepts our Card ("Network
including, without limitation, mailgram charges, reasonable
ATM") and
lawyers' fees and court costs, as permitted by law.
(3) Any point-of-sale terminal that accepts our Card
22. If There are More Than One of You. Each of you
("POS terminal").
individually, or all of you together, will be liable under this
b. Services Available at an Automated Terminal
Agreement. We may collect from or sue any one of you, or
make any settlements or extensions with any one of you,
M-116835
BW-WECCAG (11/2015)
without giving up our rights against the other. You
canceled by you or us, your obligation is to repay amounts
understand that any one of you can make Purchases, get
you already owe under this Agreement. In either case, the
Cash Advances, or perform Balance Transfers under this
account will be closed and you will no longer have access to
Agreement which will be binding upon all of you.
the account.
23. No Waiver of Rights. If we choose to waive any of
26. Governing Law. This Agreement will be governed by
the terms or conditions of this Agreement on a case-by-case
the laws of the State of Nebraska, and, as applicable,
basis, such as by not declaring the entire balance due when
federal law, regardless of where the transactions are made.
the minimum monthly payment has not been made on time,
27. Monitoring/Recording Telephone Calls. Our
it does not mean that we have waived, or given up, our right
supervisory personnel may listen to and record your
to exercise any of our rights or remedies under this
telephone calls to us for the purpose of monitoring and
Agreement in the future. We are not required to use any
improving the quality of service you receive.
particular kind of demand or notice in order to collect
28. Severability. All other provisions of this Agreement
amounts due to us under this Agreement. No indulgence or
shall remain in full force even if one or more provisions of
acceptance by us of delinquent or partial payments
this Agreement are held invalid, illegal, void or
constitute a waiver of our rights or of any provision of this
unenforceable by any rule or law, administrative order or
Agreement. No waiver of any existing default shall be
judicial decision.
deemed to waive any subsequent default.
29. Our Communications with You
24. Changing Terms. We can change, add to, delete or
You agree that we, any of our affiliates, agents,
otherwise modify the terms of this Agreement at any time in
independent contractors or service providers may monitor
any way permitted by law. We will send you a notice of
and record telephone calls regarding your banking services
change at least 45 days (or as required by applicable law)
to assure the quality of our service or for other reasons. You
before the effective date of the change. We do not have to
expressly consent that we, any of our affiliates, agents,
send you an advance notice of the change if it favors you,
independent contractors or service providers may use
such as by reducing rates, or increasing the maximum credit
written, electronic, or verbal means, or any other medium,
limit. Except in cases where we are changing terms due to
as permitted by law and including, but not limited to, mail
the Minimum Payment Due not being received within 60
and facsimile, to contact you. Your consent includes, but is
days of the Payment Due Date, you agree that the change
not limited to, contact by manual calling methods,
may cover all transactions made 15 days after we mail the
prerecorded or artificial voice messages, text messages, e-
notice. If you do not agree to the change, a method for
mails and/or automatic telephone dialing systems. You
rejecting the change and closing the account will be
agree that we, any of our affiliates, agents, independent
provided in the Change of Terms Notice. You agree that if
contractors or service providers may contact you by using
you use your card after the effective date of the change, this
any e-mail or any telephone number you provide, including a
will constitute your agreement with the change.
telephone number for a cellular phone or other wireless
25. Canceling this Agreement. We have the right to
device, regardless of whether you incur any charges as a
cancel this Agreement at any time by sending a notice to
result.
any one of you in writing. You also have the same right to
cancel this Agreement at any time by sending us a notice in
writing or calling the BankCard Center at 1-866-218-4959
(for TTY/TDD call 1-800-659-5495). If this Agreement is
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
What To Do If You Find a Mistake on Your Statement
We cannot try to collect the amount in question, or
If you think there is an error on your statement, write to us
report you as delinquent on that amount.
at:
The charge in question may remain on your
Bank of the West
statement, and we may continue to charge you
BankCard Customer Service Department
interest on that amount.
PO Box 2319
While you do not have to pay the amount in
Omaha, NE 68172-9793
question, you are responsible for the remainder of
In your letter, give us the following information:
your balance.
Account information: Your name and account
We can apply any unpaid amount against your
number.
credit limit.
Dollar amount: The dollar amount of the suspected
After we finish our investigation, one of two things will
error.
happen:
Description of problem: If you think there is an error
If we made a mistake: You will not have to pay the
on your bill, describe what you believe is wrong and
amount in question or any interest or other fees
why you believe it is a mistake.
related to that amount.
You must contact us:
If we do not believe there was a mistake: You will
Within 60 days after the error appeared on your
have to pay the amount in question, along with
statement.
applicable interest and fees. We will send you a
At least 3 business days before an automated
statement of the amount you owe and the date
payment is scheduled, if you want to stop payment
payment is due. We may then report you as
on the amount you think is wrong.
delinquent if you do not pay the amount we think
You must notify us of any potential errors in writing. You
you owe.
may call us, but if you do we are not required to investigate
If you receive our explanation but still believe your bill is
any potential errors and you may have to pay the amount in
wrong, you must write to us within 10 days telling us that you
question.
still refuse to pay. If you do so, we cannot report you as
delinquent without also reporting that you are questioning
What Will Happen After We Receive Your Letter
your bill. We must tell you the name of anyone to whom we
When we receive your letter, we must do two things:
reported you as delinquent, and we must let those
1. Within 30 days of receiving your letter, we must tell you
organizations know when the matter has been settled
that we received your letter. We will also tell you if we
between us.
have already corrected the error.
If we do not follow all of the rules above, you do not have to
2. Within 90 days of receiving your letter, we must either
pay the first $50 of the amount you question even if your bill
correct the error or explain to you why we believe the bill
is correct.
is correct. While we investigate whether or not there
has been an error:
M-116835
BW-WECCAG (11/2015)
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:
Bank of the West
BankCard Customer Service Department
PO Box 2319
Omaha, NE 68172-9793
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.
NOTICE FOR WISCONSIN RESIDENTS: Any holder of this
Credit Card Agreement is subject to all claims and defenses
which the debtor could assert against the seller of goods or
services obtained pursuant hereto or with the proceeds
hereof. Recovery hereunder by the debtor shall not exceed
amounts paid by the debtor hereunder.
M-116835
BW-WECCAG (11/2015)
Interest Rates, Interest Charges, and Fees - Secured Credit Card
Interest Rates and Interest Charges
Annual Percentage Rate
21.24%
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
21.24%
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
25.24%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
30.24%
Applies
This APR will vary with the market based on the Prime Rate.
This APR may be applied to your account if your payment is more than 60 days past
the Payment Due Date.
How Long Will the Penalty APR Apply? The Penalty APR will apply until you
make six consecutive minimum payments when due beginning with the payment
following the commencement of the Penalty APR.
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial
visit the website of the Consumer Financial Protection Bureau at
Protection Bureau
http://www.consumerfinance.gov/learnmore/
Fees
Annual Fee
$25
Transaction Fees
Balance Transfer
Either $5 or 3% of the amount of each transfer, whichever is greater.
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction
3% of the U.S. Dollar amount of each such transaction.
Penalty Fees
Late Payment
Up to $35 (Varies by State. See next page for details.).
Returned Payment
Up to $35 (Varies by State. See next page for details.).
How We Will Calculate Your Balance: We will use a method called "average daily balance (including new purchases)."
See your Secured Credit Card Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your
Secured Credit Card Agreement.
Late Payment fee for lowa residents is $15. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment
Due,
the fee will be equal to the Minimum Payment Due.
Continued on next page.
Returned Payment fee for lowa residents is $19.95. For other states the fee is $25 for the first violation and $35 for each
subsequent violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment
Due, the fee will be equal to the Minimum Payment Due.
SECURITY INTEREST: Information on the security interest you provided on the deposit account that secures your Credit
Card account is provided in your Secured Credit Card Agreement.
In South Dakota, Bank of the West operates under the name of Bank of the West California.
BANK
WEST
SECURED CREDIT CARD AGREEMENT
BNP PARIBAS GROUP
(Personal Account)
By requesting or accepting a Secured MasterCard Credit
3. Temporary Reduction of Credit Limit. Merchants,
Card account ("Credit Card account" or "Account") with Bank
such as car rental companies and hotels, may request prior
of the West, you agree to be bound by all the terms of this
credit approval from us for an estimated amount of your
Agreement. In this Agreement, the words "you" or "your"
Purchases, even if you ultimately do not pay by credit. If our
mean everyone who has requested or accepted a Credit
approval is granted, your available Credit Limit will
Card account with us. The words "we," "us," "our," or "Bank"
temporarily be reduced by the amount authorized by us. If
mean Bank of the West. If you do not accept this
you do not ultimately use your Credit Card account to pay
Agreement, you must notify us in writing within 5 days after
for your Purchases or if the actual amount of Purchases
receipt. Use of your card or any feature (including a balance
posted to your Credit Card account varies from the
transfer) of your Credit Card Agreement shall constitute
estimated amount approved by us, it is the responsibility of
acceptance of this Agreement.
the merchant, not us, to cancel the prior credit approval
1. Use. Your Credit Card account card ("Card") may be
based on the estimated amount. The failure of the merchant
used as a credit card for purchases of goods or services
to cancel a prior credit approval may result in a temporary
from participating merchants ("Purchases") or to get Cash
reduction of your available Credit Limit, but will not increase
Advances from us or any other financial institution displaying
the amount you owe us under this Agreement.
the "MasterCard" logo, or to purchase certain items such as
4. Agreement to Pay. When you use your Card or Credit
traveler's cheques, foreign currency, money orders, wire
Card account, or when you permit anyone to use it, you
transfers, lottery tickets, and (except as noted below) funds
agree to pay the amount of any and all transactions
to be used for wagers or gambling (all of which are
(including any which may have been made in violation of this
collectively referred to as "Cash Advances") up to your
Agreement), and the INTEREST CHARGES, and fees that
Credit Limit; provided, however, you may not use your Card
may become due as shown on the periodic statement. You
(i) to make Purchases or obtain Cash Advances for any
agree that we may change or cancel your Credit Card
illegal transaction, or (ii) for any internet or online gambling
Account at any time without affecting your obligation to pay
transactions. Transactions for online or internet gambling
the amounts that you owe under this Agreement.
will not be approved. If you use your Card for any illegal or
5. Periodic Statement. Each month we will send you a
prohibited transaction, this Agreement also applies to such
periodic statement for each Credit Card account you have
transaction and you agree to pay any and all amounts
with us covering the previous billing period. We may not
related to such transaction pursuant to the terms of this
send you a statement if your balance is less than $1 and
Agreement. We may, in our sole discretion, restrict the use
there were no transactions during the billing period. The
of or terminate your Card if we notice excessive use of your
statement will have a "Statement Period Date", "Statement
Card or other suspicious activities or if we reasonably
Closing Date" and a "Payment Due Date," and will show,
believe the Card is or has been used for one or more illegal
among other things, your "Previous Balance," your "New
or prohibited transactions. You can also obtain a Cash
Balance," and your minimum monthly payment, which will be
Advance by writing a special MasterCard check
shown as "Minimum Payment Due."
("Convenience Check"). The Cash Advance will be posted
6. Payment. You must make a payment by the "Payment
to your Credit Card account when the Convenience Check
Due Date." You have two choices: You may pay the entire
reaches us. If you stop payment on a Convenience Check,
"New Balance" or you may pay in installments by paying at
your Credit Card account will be charged $16.00 (or as
least the "Minimum Payment Due." When your payment is
permitted by law) for each stop payment. We may designate
properly received, we will allocate your payment in a manner
that only a portion of your Credit Limit is available for Cash
we determine except as otherwise required by law. The
Advances. In addition, you may request that we pay other
Minimum Payment is applied first to fees, then to
creditors on your behalf and transfer approved amounts to
INTEREST CHARGES and finally to principal. We apply the
your Account ("Balance Transfers").
Minimum Payment to balances with lower APRs, including
Your Card may also be used in certain automated
introductory APRs, before balances with higher APRs.
terminals to gain access to your Credit Card accounts. We
Payments made in excess of the Minimum Payment will be
have no responsibility for the failure of any machine,
applied first to balances with the highest Annual Percentage
merchant, financial institution, or any other party to honor
Rate and then to each successive balance bearing the next
your Card. Your Card and Credit Card account may be used
highest Annual Percentage Rate.
only for valid and lawful purposes. If you use or allow
Payments must be mailed to the BankCard Center
someone else to use the Card or Credit Card account for
address specified in your periodic statement. Payments
any other purpose, you will be responsible for such use and
must reach our BankCard Center during our regular
may be required to reimburse us for all amounts or
business day in order to be credited on that date. Payments
expenses we pay as a result of such use.
received after the cutoff times of 5:00 p.m. PT are credited
2. Credit Limit. Your Credit Limit for the Credit Card
as of the following business day. If you make a payment by
account you have with us will be based on the amount
any means other than mail to our BankCard Center crediting
described in paragraph 20. You agree that your total
of the payment may be delayed. If you fail to properly make
charges, including Purchases, Cash Advances, Balance
payments, crediting such payments may be delayed. Your
Transfers, INTEREST CHARGES, and fees that may be
total available credit may not be restored for up to 15 days
due will not exceed your Credit Limit. If you do go over your
after we receive your payment.
Credit Limit, you must repay the excess amount
immediately, and we may reduce the available Credit Limit
If a payment is returned to us for any reason, we may
of any other Credit Card account you have with us until such
apply a Returned Payment Fee of $25 for the first violation
time the excess amount is repaid. You may apply to
and $35 for each subsequent violation within the next six
increase your Credit Limit at any time but we are not
billing cycles. The Returned Payment Fee for lowa residents
obligated to increase your Credit Limit at any time.
is $19.95. If the Returned Payment Fee is greater than the
Furthermore, we reserve the right to lower your Credit Limit
Minimum Payment Due, the fee will be equal to the
at any time. For security reasons, we may limit the number
Minimum Payment Due.
or amount of transactions that may be accomplished with
From time to time, we may let you skip or reduce one or
your Card or Credit Card account, and we have the right to
more monthly payments during a year and/or we may
limit authorizations to make transactions if we consider it
temporarily reduce or eliminate certain INTEREST
necessary to verify Payments received on your Credit Card
CHARGES on all or a portion of your Credit Card account
account. If we accept a payment from you in excess of your
balance or offer you other special terms. If we do, we will
outstanding balance, your available Credit Limit will not be
advise you of the scope and duration of the applicable skip
increased by the amount of the overpayment nor will we be
or promotional feature. When the skip or promotional
required to authorize transactions for an amount in excess
of your Credit Limit.
M-114761
BW-SCCAG (REV. 04/2015)
feature ends, your regular rates and all the terms of the
points. Immediately before each Change Date we will
Agreement will resume.
determine the new interest rate by adding the Rate Spread
7. Minimum Payment- Late Payment Fee. At least the
to the Current Index. The new interest rate will become
amount of the "Minimum Payment Due" must be received by
effective at the start of your first billing cycle after the
us by the "Payment Due Date." If it is not, we may apply a
Change Date. Only one Annual Percentage Rate and Daily
Late Payment fee of $25 for the first violation and $35 for
Periodic Rate will be in effect for each Balance Category
each subsequent violation within the next six billing cycles.
during the billing period. The Annual Percentage Rate will
The Late Payment fee for lowa residents is $15. If the Late
not exceed the maximum rate permitted by law. The effect
Payment fee is greater than the Minimum Payment Due, the
of any increase in the Annual Percentage Rate and the Daily
fee will be equal to the Minimum Payment Due. If such
Periodic Rate would be to increase the amount of
charge would result in an INTEREST CHARGE greater than
INTEREST CHARGE or interest you must pay and thus
the maximum allowed by law, we will only charge the
increase your monthly payments.
maximum allowable rate. Your Minimum Payment Due will
10. Transaction Fees. You also agree to pay us the
be 3% of the New Balance plus any Late Payment fee (with
appropriate fees listed below (as permitted by applicable
a minimum of the lesser of $25 or your New Balance) and
law) which may be amended from time to time by us. You
any amount over your credit limit and past due amount.
authorize us to charge your Credit Card account for the
following fees due to us. Balance Transfer fee: 3.00% of
8. How to Avoid Paying Interest on Purchases. There
each balance transferred, $5 minimum. Cash Advance fee:
may be different treatment of INTEREST CHARGES for
4.00% of each Cash Advance, $10 minimum.
Purchases, Balance Transfers, and Cash Advances, even
11. Foreign Transaction Fee. Transactions that you
though they are computed the same way. You may avoid
make in a foreign currency or that you make outside of the
paying an INTEREST CHARGE on Purchases if we receive
United States of America even if it is made in U.S. dollars
the entire New Balance by the Payment Due Date. If we do
are considered foreign transactions. If you make a
not receive the entire New Balance by the Payment Due
transaction in a foreign currency it will be billed to you in
Date, the INTEREST CHARGE will be charged on the
U.S. Dollars. The conversion rate to U.S. Dollars will be
Purchases from the date of the transaction. INTEREST
determined by Visa International or MasterCard International
CHARGES on all other balances, including Cash Advances
in accordance with their operating regulations or conversion
and Balance Transfers, begin on the transaction date and
will be assessed even if your entire New Balance is paid by
procedures in effect at the time the transaction is
processed. Currently, their regulations and procedures
the Payment Due Date.
provide that the currency conversion rate they use is either
9. Computing Your INTEREST CHARGE. We figure the
(1) a government-mandated rate or (2) a wholesale market
INTEREST CHARGE on each Credit Card account by
rate, whichever is applicable, in effect one day prior to the
applying the periodic rate to the "Average Daily Balance" of
processing date. We do not determine the currency
each Balance Category on the Credit Card account,
conversion rate which is used. You agree to pay the
including current transactions. Balance Categories include
converted amount in U.S. funds. In addition, Visa or
Purchases, Balance Transfers, Cash Advances,
MasterCard will charge us (the Bank) an international
Introductory Rates and any special rate offers we may make
transaction fee, currently equal to one percent (1.00%) of
available from time to time. If you are charged interest, the
the transaction amount. We will charge you the international
charge will be no less than $1.00 (the minimum interest
transaction fee imposed on us plus an additional two
charge will appear as "Minimum Charge" in the fees section
percent (2.00%) of the transaction amount whether that
of your statement).
transaction was originally made in U.S. dollars or was made
a. Average Daily Balance. To obtain the daily balance
in another currency and converted to U.S. dollars. These
for each Balance Category we take the beginning balance
two fees will be aggregated and shown as one Foreign
each day and add new transactions applicable to each
Transaction Fee on your statement.
category, and subtract any payments, credits, and refunds
12. Annual Fee. We will assess an Annual Cardholder
applied to the category. To figure your Average Daily
Fee of $25 for each year your account is open, whether or
Balance for each Balance Category, we add all your daily
not you use your account and regardless of the number of
balances and divide by the number of days in the billing
cards issued on your account. You can avoid the Annual
period.
Cardholder Fee if you terminate your Account within 30 days
b. Figuring the INTEREST CHARGE. We compute the
after the date of the periodic statement in which the Annual
INTEREST CHARGE for each Balance Category by
cardholder fee is posted. Otherwise, the Annual Cardholder
multiplying the Average Daily Balances by the applicable
fee will not be refunded in whole or in part and shall be owed
Daily Periodic Rate, and then we multiply the result by the
to us by you even if your account is subsequently changed,
number of days in the billing period. To determine the Daily
suspended, closed or terminated for any reason.
Periodic Rate for each Balance Category, we divide the
13. Other Fees. As allowed by law, we may charge, and
applicable ANNUAL PERCENTAGE RATE in effect for the
you agree to pay, fees for certain services or requests made
billing period by 365 (366 for leap year). The way we get the
by you, such as but not limited to: Automated Teller Machine
ANNUAL PERCENTAGE RATE for each Balance Category
("ATM") transactions conducted at machines not operated
described below under "Variable Rate."
by us, requests for copies of billing statements, sales drafts,
C. Variable Rate. The current Annual Percentage Rate
or other records of your Account, or if you request a
for all variable rates is shown on the Account Opening
replacement card(s). However, we will not charge fees for
Disclosure which has been provided to you with this
copies of documents requested for a billing dispute. These
Agreement. The Daily Periodic Rate and the corresponding
fees may change from time to time. We will inform you of
Annual Percentage Rate may change each month on the
the fee(s) that you will incur prior to when the applicable
first day of each of your billing cycles. Each date on which
service(s) is(are) provided or when you make the request(s),
the rate of interest could change is called a "Change Date."
as applicable. You authorize us to charge your Credit Card
Changes will be based on changes in the "Index." The Index
account for any such fees that you incur. We reserve the
is the highest Prime Rate published in the "Money Rates"
right to waive a fee from time to time but a waiver does not
table of The Wall Street Journal. If the Index is no longer
mean we will continue to waive such fee in the future.
available, we will choose a new index which is based upon
comparable information and will give you notice of our
14. Default. We may declare the entire balance for -the
choice. The Index figure published on the second Tuesday
Credit Card accounts due and payable at once with or
(or on the next business day if the second Tuesday is a
without notice or demand if any of these events (a "Default")
holiday) each month is called the "Current Index." Your
happens:
interest rate for Purchases and Balance Transfers on your
Credit Card account is based on a variable rate equal to the
a. If you miss a payment under this Agreement or any
sum of the Current Index plus a "Rate Spread" of 17.74
other obligation you owe us; or
percentage points. The interest rate for Cash Advances on
b. If you violate any terms of this Agreement.
If you are in Default, we may terminate your Credit Card
your Account is based on a variable rate equal to the sum of
account, make no more additional loans, and require you to
the Current Index plus a "Rate Spread" of 21.74 percentage
M-114761
BW-SCCAG 04/2015)
immediately repay the entire unpaid balance of all amounts
16. Lost or Stolen Card; Your Liability for
due on your Credit Card account, including but not limited to
Unauthorized Use. Tell us AT ONCE if you believe your
all loan amounts, late charges and other charges assessed
Card has been lost or stolen. Telephoning is the best way of
but not paid, and all of the INTEREST CHARGES accrued
keeping your possible losses down.
but not paid. If we terminate your Credit Card account, your
You may be liable for the unauthorized use of your Card
obligation to repay the amounts you already owe us would
as a credit card. You will not be liable for unauthorized use
continue.
of your Card as a credit card which occurs after you notify
At our option, we may also take action short of
us at the telephone number or address stated in paragraph
terminating your Credit Card account. If your required
17, orally or in writing, of loss, theft, or possible unauthorized
minimum payment (shown on your periodic statement as
use. In any case, your liability for unauthorized use of your
"Minimum Payment Due") is not received within 60 days of
Card as a credit card will not exceed $50.00.
the Payment Due Date, your ANNUAL PERCENTAGE
17. Where to Call or Write. If you believe your Card has
RATE for all balances will be a variable rate equal to the
been lost or stolen or that someone is using your Card or
sum of the Current Index plus a "Rate Spread" of 26.74
Credit Card account without your permission, call:
percentage points (Penalty Rate). You will be provided with
1-800-996-2638 (for TTY/TDD call 1-800-659-5495) or write
a notice 45 days in advance of the effective date of the
to: Bank of the West, BankCard Security Department, PO
change in Annual Percentage Rate. Your payments under
Box 2078 Omaha, NE 68103-2078
this Agreement, including the amount of the INTEREST
18. Our Business Days. Our business days are Monday
CHARGE, will increase as a result of the increase in your
through Friday, except for bank holidays.
ANNUAL PERCENTAGE RATE, and any such increase in
19. Credit Investigation and Disclosure. You authorize
your ANNUAL PERCENTAGE RATE will be shown on your
us, both now and in the future, to check your credit and
next periodic statement. We will reinstate your Daily Periodic
employment history and to release information about our
Rate and ANNUAL PERCENTAGE RATE to the rate set
credit experience with you in response to legitimate credit
forth in this Agreement once you have made at least your
inquiries. If you believe that we have incorrect information or
Minimum Payment Due for six (6) consecutive billing
have reported inaccurate information about you to a credit
periods immediately following the effective date of the
bureau, please call us at 1-800-996-2638 (for TTY/TDD call
Penalty Rate. If we take such lesser action initially, we
1-800-659-5495). As required by law, you are hereby
reserve the right to terminate your Credit Card account and
notified that a negative credit report reflecting on your credit
accelerate all amounts due under this Agreement regardless
history may be submitted to a credit reporting agency if you
of whether any additional events have occurred which would
fail to fulfill the terms of your credit obligations.
permit termination and acceleration.
20. Security Interest. This Credit Card account is
15. Automated Terminal Services
secured by a deposit account ("Deposit Account") in your
a. Automated Terminals. You may use your Card in
name only with Bank of the West. The amount you
the following automated terminals:
deposited in the Deposit Account (subject to the minimum
(1) Any Bank of the West automated teller machines.
amount required and maximum amount allowed by the
(2) Any other automated teller machine that is
Bank) is your credit limit. The Deposit Account will be used
participating in a network and accepts our Card ("Network
as collateral to secure the obligations you incur in
ATM") and
connection with your Credit Card account. You grant the
(3) Any point-of-sale terminal that accepts our Card
Bank a security interest in, and assign to the Bank, all funds
("POS terminal").
in your Deposit Account. You agree that you will be bound
b. Services Available at an Automated Terminal
by the agreement ("Deposit Account Agreement") for your
(1) You may use your Card at a Bank of the West or
Deposit Account and that your Deposit Account is subject to
any Network ATM to:
this Agreement. You grant the Bank exclusive control over
(a) Get a Cash Advance from your Credit Card
the Deposit Account, the right to redeem, collect and
account.
withdraw any part or the full amount of the Deposit Account
(b) Get your Credit Card account balances. These
upon any default under this Agreement or if your Credit Card
balances may not include some transactions recently made
account is closed for any reason. The Bank may apply funds
in your Credit Card account. Some of the services described
in the Deposit Account to pay off any balance on the Credit
in subparagraphs (a) and (b) may not be available at all
Card account if the Credit Card account is closed for any
Network ATMs.
reason. You may not make or otherwise arrange for any
(c) You may use your Card at a POS terminal to
deposits to or withdrawals from the Deposit Account while
purchase certain merchandise. The amount of your
the Deposit Account secures your Credit Card account. The
purchase will automatically be charged to your Credit Card
Deposit Account will not be eligible for Auto-Save or Savings
account as a Purchase.
Overdraft Protection while the Deposit Account secures your
C. Limits of Automated Terminal Services Cash
Credit Card Account. You provide the security interest and
Advances. You may get a Cash Advance from a Bank of
assignment as security for any and all amounts you may
the West Automated Terminal up to an aggregate amount of
owe (including but not limited to interest, fees and charges
$500 each calendar day, provided that this amount does not
which may accrue under your Credit Card account). The
exceed your Credit Limit. This amount may be less for Cash
balance of your Deposit Account is only refundable after
Advances from Network ATMs.
your Credit Card account is closed and all amounts owed to
d. Card and Secret Code (PIN) Use. You are
the Bank are paid (any remaining amount you request to be
responsible for all transactions in which you use your Card
refunded may take up to 30 days to be returned to you).
in an automated terminal, or the use of the Card by anyone
You agree to pay all charges and follow all practices set
else who uses it with your permission. Security in use of the
forth in the Deposit Account Agreement for the Deposit
Card is provided by the secret code, which we will provide
Account that secures your Credit Card account and abide by
you, and the magnetically encoded stripe on the Card.
all future changes to the terms and charges for the Deposit
Please keep the Card safe and also protect the secret code.
Account.
Use the Card and the secret code as instructed at all times.
21. Collection. You promise to pay all collection costs,
Please notify us of any mechanical or operating failure in
including, without limitation, mailgram charges, reasonable
connection with the use of your Card. Do not permit anyone
lawyers' fees and court costs, as permitted by law.
else to use your Card and do not disclose your secret code
22. If There are More Than One of You. Each of you
or record it on the Card. The Card remains the property of
individually, or all of you together, will be liable under this
the Bank and can be revoked and repossessed at any time.
Agreement. We may collect from or sue any one of you, or
You must return it to us when asked.
make any settlements or extensions with any one of you,
e. Fees for Using Automated Terminal Services.
without giving up our rights against the other. You
Fees may be charged for transactions made at automated
understand that any one of you can make Purchases, get
teller machines not operated by us as described in
Cash Advances, or perform Balance Transfers under this
paragraph 12-Other Fees.
Agreement which will be binding upon all of you.
M-114761
BW-SCCAG 04/2015)
23 No Waiver of Rights. If we choose to waive any of
26. Governing Law. This Agreement will be governed by
the terms or conditions of this Agreement on a case-by-case
the laws of the State of Nebraska, and, as applicable,
basis, such as by not declaring the entire balance due when
federal law, regardless of where the transactions are made.
the minimum monthly payment has not been made on time,
27. Monitoring/Recording Telephone Calls. Our
it does not mean that we have waived, or given up, our right
supervisory personnel may listen to and record your
to exercise any of our rights or remedies under this
telephone calls to us for the purpose of monitoring and
Agreement in the future. We are not required to use any
improving the quality of service you receive.
particular kind of demand or notice in order to collect
28. Severability. All other provisions of this Agreement
amounts due to us under this Agreement. No indulgence or
shall remain in full force even if one or more provisions of
acceptance by us of delinquent or partial payments
this Agreement are held invalid, illegal, void or
constitutes a waiver of our rights or of any provision of this
unenforceable by any rule or law, administrative order or
Agreement. No waiver of any existing default shall be
judicial decision.
deemed to waive any subsequent default.
29. Authorized User. If you elect to have an authorized
24. Changing Terms. We can change, add to, delete or
user, you will be liable for all transactions made by that user
on your account. Any authorized user is not a contractually
otherwise modify the terms of this Agreement at any time in
liable party.
any way permitted by law. We will send you a notice of
30. Our communications with you.
change at least 45 days (or as required by applicable law)
You agree that we, any of our affiliates, agents,
before the effective date of the change. We do not have to
independent contractors or service providers may monitor
send you an advance notice of the change if it favors you,
and record telephone calls regarding your banking services
such as by reducing rates, or increasing the maximum credit
to assure the quality of our service or for other reasons. You
limit. Except in cases where we are changing terms due to
expressly consent that we, any of our affiliates, agents,
the Minimum Payment Due not being received within 60
independent contractors or service providers may use
days of the Payment Due Date, you agree that the change
written, electronic, or verbal means, or any other medium,
may cover all transactions made 15 days after we mail the
as permitted by law and including, but not limited to, mail
notice. If you do not agree to the change, a method for
and facsimile, to contact you. Your consent includes, but is
rejecting the change and closing the account will be
not limited to, contact by manual calling methods,
provided in the Change of Terms Notice. You agree that if
prerecorded or artificial voice messages, text messages, e-
you use your card after the effective date of the change, this
mails and/or automatic telephone dialing systems. You
will constitute your agreement with the change.
agree that we, any of our affiliates, agents, independent
25. Canceling this Agreement. We have the right to
contractors or service providers may contact you by using
cancel this Agreement at any time by sending a notice to
any e-mail or any telephone number you provide, including a
any one of you in writing. You also have the same right to
telephone number for a cellular phone or other wireless
cancel this Agreement at any time by sending us a notice in
device, regardless of whether you incur any charges as a
writing. If this Agreement is canceled by you or us, your
result.
obligation is to repay amounts you already owe under this
Agreement, and you must return your Card to us or destroy
the card. In either case, the account will be closed and you
will no longer have access to the account.
Your Billing Rights
Keep This Notice for Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find a Mistake on Your Statement
We cannot try to collect the amount in question, or
If you think there is an error on your statement, write to us
report you as delinquent on that amount.
at:
The charge in question may remain on your
Bank of the West
statement, and we may continue to charge you
BankCard Customer Service Department
interest on that amount.
PO Box 2319
While you do not have to pay the amount in
Omaha, NE 68172-9793
question, you are responsible for the remainder of
In your letter, give us the following information:
your balance.
Account information: Your name and account
We can apply any unpaid amount against your
number.
credit limit.
Dollar amount: The dollar amount of the suspected
error.
After we finish our investigation, one of two things will
Description of problem: If you think there is an error
happen:
on your bill, describe what you believe is wrong and
why you believe it is a mistake.
If we made a mistake: You will not have to pay the
You must contact us:
amount in question or any interest or other fees
Within 60 days after the error appeared on your
related to that amount.
statement.
If we do not believe there was a mistake: You will
At least 3 business days before an automated
have to pay the amount in question, along with
payment is scheduled, if you want to stop payment
applicable interest and fees. We will send you a
on the amount you think is wrong.
statement of the amount you owe and the date
You must notify us of any potential errors in writing [or
payment is due. We may then report you as
electronically]. You may call us, but if you do we are not
delinquent if you do not pay the amount we think
required to investigate any potential errors and you may
you owe.
have to pay the amount in question.
If you receive our explanation but still believe your bill is
What Will Happen After We Receive Your Letter
wrong, you must write to us within 10 days telling us that you
When we receive your letter, we must do two things:
still refuse to pay. If you do so, we cannot report you as
1. Within 30 days of receiving your letter, we must tell you
delinquent without also reporting that you are questioning
that we received your letter. We will also tell you if we have
your bill. We must tell you the name of anyone to whom we
already corrected the error.
reported you as delinquent, and we must let those
2. Within 90 days of receiving your letter, we must either
organizations know when the matter has been settled
correct the error or explain to you why we believe the bill is
between us.
correct. While we investigate whether or not there has
been an error:
M-114761
BW-SCCAG (REV. 04/2015)
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:
Bank of the West
BankCard Customer Service Department
PO Box 2319
Omaha, NE 68172-9793
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.
NOTICE FOR WISCONSIN RESIDENTS: Any holder of this
Credit Card Agreement is subject to all claims and defenses
which the debtor could assert against the seller of goods or
services obtained pursuant hereto or with the proceeds
hereof. Recovery hereunder by the debtor shall not exceed
amounts paid by the debtor hereunder.
M-114761
BW-SCCAG (REV. 04/2015)