(“Business  Rewards  Card”).  The 

1.  General. This is the Agreement which will cover the 
use  of  the  account  by  you,  as  an  individual  and  as  an 
authorizing  officer  of  the  Company  (collectively  and  jointly 
referred to as “you,” or “your”) named in the Business Card 
for  Small  Business  Application  or,  as  applicable,  an 
acceptance  certificate  for  a  Business  Card  for  Small 
Business  (in  either  case,  an  “Application”)  in  a  joint  and 
several capacity. The word “Employee” means the officers, 
members,  managers,  partners,  employees,  agents,  or 
representatives  designated  and  authorized  to  use  the 
account, now or in the future. The words “we,” “us,” “our” or 
“Bank”  mean  Bank  of  the  West.  The  word  “Card”  means 
either a Bank of the West Business MasterCard (“Business 
Card”)  or  a  Bank  of 
the  West  Business  Rewards 
term 
MasterCard 
“account”  includes  both  a  Business  Card  account  and  a 
Business  Rewards  Card  account,  as  applicable.  By 
requesting,  accepting  or  using  the  Card,  you  agree  to  be 
bound by the terms of this Agreement. If you do not accept 
this Agreement, you must notify us in writing within 5 days 
after receipt.  Use of your Card or any feature (including a 
balance 
transfer)  of  your  account  shall  constitute 
acceptance  of  this  Agreement.    You  and  the  Company 
agree  that  you  are  jointly  and  severally  liable  for  all 
obligations  of  a  cardholder  under  this  Agreement  which 
includes, without limitation, all charges made to the account 
even  though  the  other  provisions  of  this  Agreement  may 
not specifically say that it is a joint and several obligation or 
liability.  Only  qualified  individuals  18  or  over  may  be 
approved for a Card account.  The Card is only available to 
U.S.  residents,  excluding  Puerto  Rico  and  the  U.S.  Virgin 
Islands. 

2.  Application. By signing the Application, you request 
us to issue Cards bearing the name of the Company and, in 
addition,  the  name  of  any  Employee  which  you  may 
designate  from  time  to  time  in  the  future  in  writing  to  us. 
Each such Employee is authorized by you to use the Card. 
Each Card issued under the Application will be governed by 
the terms and conditions in effect at the time each Card is 
issued. 

3.  Company’s  Representations  and  Warranties. 
You,  and  the  person(s)  executing  the  Application  and 
executing  each  request  for  an  additional  Card,  represent 
and warrant to us as follows: 

a.  Financial  Information.  All  information  supplied 
or  statements  made  by  you  in  any  financial,  credit  or 
accounting  statement  before  or  after  execution  of  the 
Application  are  true,  correct,  complete,  valid  and  genuine. 
You  shall  immediately  notify  us  of  any  material  adverse 
changes which affect the information you have given. Upon 
our future request, you agree to promptly give us accurate 
information  about  you,  financial,  income  and  otherwise. 
You authorize us to make other inquiries as to the finances 
and creditworthiness of you, and we are also authorized to 
provide  credit  bureaus  and  others  with  information  about 
our experience with you under this Agreement. 

b.  Organization  and  Standing  of  Company. 
Company  is  duly  organized,  validly  existing  and  in  good 
standing  under  the  laws  of  the  state,  commonwealth, 
territory  or  jurisdiction  where  it  was  originally  established 
and  wherever  else  it  does  business  and  has  all  requisite 
power  and  authority  to  conduct  its  business  as  it  now 
conducts such business. 

c.  Authorization.  The  person(s)  who  executed  the 
Application is authorized and empowered in the name and 
on behalf of you to execute and deliver the Application, for 
and  on  behalf  of  you  and  to  do  all  things  necessary  or 
convenient  to  cause  us  to  issue  the  Cards;  you  have  the 
requisite  power  and  authority  to  enter  into  the  Application 
and this Agreement, to perform your obligations thereunder 
and to consummate the transactions contemplated thereby; 
the  execution  and  delivery  of  the  Application  and  the 
consummation  by  you  of  the  transactions  contemplated  in 
the  Application  and  this  Agreement  have  been  duly 
authorized  (and 
its  board  of  directors,  shareholders, 
members,  mangers,  or  partners,  as  applicable  and  if 

BW-BCCAG (REV. 11/14)  

CREDIT CARD AGREEMENT  
(Small Business Cards) 

necessary)  and  no  other  proceedings  are  necessary  to 
authorize the execution and delivery of the Application and 
the  performance  of  this  Agreement  and  the  transactions 
contemplated hereby and thereby; and the Application, this 
Agreement,  and  each  other  document  required  to  be 
executed  and  delivered  by  you  in  connection  herewith 
constitutes  a  valid  and  binding  obligation  enforceable 
against  you  in  accordance  with  its  terms,  except  to  the 
extent enforceability is limited by law. 

d.  Litigation,  Etc.  There 

is  no  pending  or 
threatened action or investigation before or by any court or 
governmental  agency  which,  if  adversely  decided,  would 
have  any  material  adverse  effect  on  your  condition  other 
than those already disclosed by you to us in writing. 

the  Application, 

e.  Disclosure.  Neither 

this 
Agreement nor any document furnished to us in connection 
with  the  transactions  contemplated  hereby  contains  any 
false  or  misleading  statement  of  a  material  fact  or  fails  to 
state  any  material  fact  necessary  to  keep  the  statements 
contained therein from being misleading. 

internet  or  online  gambling 

this  Agreement  also  applies 

4.  Use.  The  Cards  may  be  used  only  for  business 
purchases  of  goods  or  services 
from  participating 
merchants  (“Purchases”)  up  to  the  credit  limits;  provided, 
however, the Cards may (i) not be used to make Purchases 
or  obtain  Cash  Advances  for  any  illegal  transaction,  or  (ii) 
for  any 
transaction. 
Transactions  for  online  or  internet  gambling  will  not  be 
approved. If the Cards are used for any illegal or prohibited 
transaction, 
to  such 
transaction  and  you  agree  to  pay  any  and  all  amounts 
related  to  such  transaction  pursuant  to  the  terms  of  this 
Agreement. We may, in our sole discretion, restrict the use 
of or terminate the Cards if we notice excessive use of the 
Cards  or  other  suspicious  activities  or  if  we  reasonably 
believe  the  Cards  are  or  have  been  used  for  one  or  more 
illegal  or  prohibited  transactions.  You  also  have  the option 
of  allowing  Cash  Advance  access  to  Employees  by 
completing the Cash Advance section on the Application. If 
you have chosen to allow one or more Employees to have 
Cash  Advance  access  by 
the  appropriate 
information  on  the  Application,  this  means  that  any  such 
Employee designated by you will be able to use the Card to 
withdraw  cash  from  automated  teller  machines  (“ATMs”). 
The  limits  on  and  fees  for  ATM  services  are  described 
below.  In  addition,  you  may  request  that  we  pay  other 
creditors  on  its  behalf  and  transfer  approved  amounts  to 
your  account  (“Balance  Transfers”).    You  agree  that  all 
Cards  will  be  used  solely  for  commercial  and/or  business 
use  and  not  for  personal,  family,  or  consumer  credit 
purposes.  

filling 

in 

5.  Credit  Limits.  We  will  notify  you  of  your  overall 
credit  limit  for  all  Cards  issued  to  you.  You  agree  not  to 
incur  debt,  including  but  not  limited  to  Purchases,  Cash 
Advances, Balance Transfers, INTEREST CHARGES, Late 
Payment  fees,  Annual  Membership  Fees,  Over-the-Credit 
Limit fees, and other fees, to us on all Cards in an amount 
exceeding  the  overall  credit  limit.  You  may  apply  to 
increase the overall credit limit, and we reserve the right to 
lower  it.  You  shall  designate  an  individual  credit  limit,  for 
each individual Employee within the overall credit limit, and 
you  agree  not  to  incur  debt  on  any  Card  in  excess  of  the 
individual  credit  limit  for  that  Card.  If  you  opt-in  to  receive 
an  Over-the-Credit  Limit  fee  and  the  balance  exceeds  the 
credit limit, we may charge you or any Employee an Over-
the-Credit Limit fee at that time of $25 for the first violation 
and  $35  for  each  subsequent  violation  within  the  next  six 
billing cycles. If the Over-the-Credit Limit fee is greater than 
the amount over the credit limit, the fee will be equal to the 
amount by which you exceed the credit limit.  If you or the 
Employee  does  not  reduce  the  balance  below  the  credit 
limit, we may charge an additional Over-the-Credit Limit fee 
in  the  next  two  billing  cycles.    You  or  the  Employee  may 
cancel  this  election  at  any  time  and  no  further  Over-the-
Credit Limit fees will be assessed.  If we accept a payment 
from  you  in  excess  of  your  outstanding  balance,  your 
available credit limit will not be increased by the amount of 

 
the  overpayment  nor  will  we  be  required  to  authorize 
transactions  for  amount  in  excess  of  your  credit  limit.    If 
you,  or  any  Employee,  goes  over  either  the  individual  or 
overall  credit  limit,  you  must  repay  the  excess  amount 
immediately. 

to 

to 

the  Application  and 

6.  Agreement  to  Pay.  You  agree  to  pay  for  all  credit 
extended  in  connection  with  any  Card  issued  to  any 
Employee  pursuant 
this 
Agreement, including all applicable charges set forth in this 
Agreement.  You  agree  to  pay  us  for  such  credit  extended 
regardless  of  the  purpose  for  which  the  Employee  obtains 
credit by use of any Card issued pursuant to the Application 
and this Agreement. Any failure on the part of an Employee 
to  sign  a  sales  draft  or  Cash  Advance  draft  shall  not 
release you of your obligation to repay the credit extended. 
When  an  Employee  uses  the  Card,  or  anyone  else  is 
permitted to use it, you agree to pay the amount of any and 
all transactions (including any transactions which may have 
been  made  in  violation  of  this  Agreement),  and  the 
INTEREST CHARGES, Over-the-Credit Limit fees, or Late 
Payment  fees  or  other  fees  that  may  become  due  as 
shown  on  the  periodic  statement.  You  agree  that  we  may 
change  or  cancel  the  Credit  Card  Account  at  any  time 
without affecting your obligation to pay the amounts that are 
owed under this Agreement.  

7. Payment. Each month we will send you a statement 
for the previous billing period. You must make payment by 
the  “Payment  Due  Date.”  You  may  pay  the  entire  “New 
Balance”  or  may  pay  in installments by paying at least the 
“Minimum  Payment  Due.”  All  payments  must  be  made  in 
the  lawful  money  of  the  United  States  of  America.  When 
your  payment  is  properly  received,  we  will  allocate  your 
payment  in  a  manner  we  determine  except  as  otherwise 
required by law.  Currently the Minimum Payment is applied 
first  to  fees,  then  to  INTEREST  CHARGES  and  finally  to 
principal. We apply the Minimum Payment to balances with 
lower  Annual  Percentage  Rates 
including 
introductory  APRs,  before  balances  with  higher  APRs. 
Payments made in excess of the Minimum Payment will be 
applied 
the  highest  Annual 
Percentage  Rate  and  then  to  each  successive  balance 
bearing the next highest Annual Percentage Rate.  

to  balances  with 

(“APR”), 

first 

Payments  must  be  mailed  to  the  BankCard  Center 
address  specified  in  your  periodic  statement.    Payments 
must  reach  our  BankCard  Center  during  our  regular 
business  day  in  order  to  be  credited  on  that  date.  
Payments  received  after  the  cutoff  times  of  5:00  p.m.  PT, 
are  credited  as  of  the  following business day. If you fail to 
properly make payments, crediting such payments may be 
delayed. Your total available credit may not be restored for 
up to 15 days after we receive your payment. 

 If  a  payment  is returned to us for any reason, we may 
apply a Returned Payment Fee of $25 for the first violation 
and  $35  for  each  subsequent  violation  within  the  next  six 
billing cycles. If the Returned Payment Fee is greater than 
the  Minimum  Payment  Due,  the  fee  will  be  equal  to  the 
Minimum Payment Due. 

8.  Minimum Payment-Late Payment Fee. At least the 
amount  of  the  “Minimum  Payment  Due”  must  be  received 
by us by the “Payment Due Date.” If it is not, we may apply 
a Late Payment fee of $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. 
in  an 
INTEREST  CHARGE  greater  than  the  maximum  allowed 
by  law,  we  will  only  charge  the  maximum  allowable  rate. 
Your  Minimum  Payment  Due  will  be  3%  of  the  New 
Balance  plus  any  Over-the-Credit  Limit  fee  and  Late 
Payment fee (with a minimum of the lesser of $25 or your 
New  Balance)  and  any  Over-the-Credit  Limit  amount  and  
past due amount. 

If  such  charge  would  result 

9.  When  You  Must  Pay 

INTEREST 
to  Avoid 
CHARGES.  You  may  avoid  paying  an 
INTEREST 
CHARGE on Purchases if you pay the entire New Balance 
by  the  Payment  Due  Date.  If  we  do  not  receive  the  entire 
New  Balance  by  the  Payment  Due  Date,  the  INTEREST 
CHARGE  will  be  charged  on  the  Purchases from the date 
of  the  transaction.  INTEREST  CHARGES  on  all  other 
balances, including Cash Advances and Balance Transfers 

BW-BCCAG (REV. 11/14)  

begin on the transaction date and will be assessed even if 
your entire New Balance is paid by the Payment Due Date. 
10.  Computing  Your  INTEREST  CHARGE.  We  figure 
the  INTEREST  CHARGE  on  your  account  by  applying  the 
periodic  rate  to  the  “Average  Daily  Balance”  of  each 
including  current 
Balance  Category  on 
transactions.    Balance  Categories  include  Purchases, 
Balance Transfers, Cash Advances, Introductory Rates and 
any special rate offers we may make available from time to 
time.  If you are charged interest, the charge will be no less 
than  $0.50  (the  minimum  interest  charge  will  appear  as 
“Minimum Charge” in the fees section of your statement).  

the  account, 

a.  Average  Daily  Balance.  To  obtain  the  daily 
balance  for  each  Balance  Category  we  subtract  any 
payments  made  within  the  grace  period  effective  the  first 
day of the billing cycle, then we take the beginning balance 
each  day  and  add  new  transactions  applicable  to  each 
category,  and  subtract  any payments, credits, and refunds 
applied  to  the  category.    To  figure  your  Average  Daily 
Balance  for  each  Balance  Category,  we  add  all  your  daily 
balances  and  divide  by  the  number  of  days  in  the  billing 
period.  

b.  Figuring the INTEREST CHARGE. We compute 
the  INTEREST  CHARGE  for  each  Balance  Category  by 
multiplying these Average Daily Balances by the applicable 
Daily  Periodic Rate, and then we multiply the result by the 
number of days in the billing period. To determine the Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
ANNUAL  PERCENTAGE  RATE  in  effect  for  the  billing 
period  by  365  (366  for  leap  years).    The  way  we  get  the 
Annual  Percentage  Rate  for  each  Balance  Category  is 
described below under “Fixed Rates” and “Variable Rates”. 
c.  Fixed  Rate.  Purchase  transactions  on  your 
Account  may  be  subject  to  a  fixed  rate,  introductory  APR 
for  a  specified  period  of  time;  please  refer  to  the  Account 
the  end  of  any  applicable 
Opening  Disclosure. 
introductory  APR,  your  interest  rate  for  Purchases  will 
apply.  There is no introductory rate for Balance Transfers 
or Cash Advances.    

  At 

d.  Variable Rates.   The current Annual Percentage 
Rate for all variable rates is shown on the Account Opening 
Disclosure  which  has  been  provided  to  you  with  this 
Agreement. The Daily Periodic Rate and the corresponding 
Annual  Percentage  Rate  may  change  each  month  on  the 
first day of each of your billing cycles. Each date on which 
the rate of interest could change is called a “Change Date.” 
Changes  will  be  based  on  changes  in  the  “Index.”  The 
Index  is  the  highest  Prime  Rate  published  in  the  “Money 
Rates”  table  of  The  Wall  Street  Journal.  If  the  Index  is  no 
longer available, we will choose a new index which is based 
upon comparable information and will give you notice of our 
choice. The Index figure published on the second Tuesday 
(or  on  the  next  business  day  if  the  second  Tuesday  is  a 
holiday)  each  month  in  which  the  Change  Date  occurs  is 
called  the  “Current Index.” The interest rate for Purchases 
(after  the  Introductory  Period)  and  Balance  Transfers  on 
the  Business  Card  account  is  based  on  a  variable  rate 
equal to the sum of the Current Index plus a “Rate Spread” 
of  11.74  percentage  points. 
for 
Purchases  (after  the  Introductory  Period)  and  Balance 
Transfers on the Business Rewards Card account is based 
on  a  variable  rate  equal  to  the  sum  of  the  Current  Index 
plus  a  “Rate  Spread”  of  13.74  percentage  points.    The 
interest  rate  for  Cash Advances on your Account is based 
on  a  variable  rate  equal  to  the  sum  of  the  Current  Index 
plus  a 
“Rate  Spread”  of  19.74  percentage  points. 
Immediately  before  each  Change  Date  we  will  determine 
the  new  interest  rate  by  adding  the  Rate  Spread  to  the 
Current  Index.  The  new  interest  rate  will  become  effective 
at the start of your first billing cycle after the Change Date. 
Only one Annual Percentage Rate and Daily Periodic Rate 
will be in effect for each transaction type for any one billing 
period.  The  Annual  Percentage  Rate  will  not  exceed  the 
maximum rate permitted by law. The effect of any increase 
in the Annual Percentage Rate and the Daily Periodic Rate 
would  be  to  increase  the  amount  of  INTEREST  CHARGE 
or  interest  you  must  pay  and  thus  increase  your  monthly 
payments. 

interest  rate 

  The 

11.  Transaction  Fees.  You  also  agree  to  pay  us  the 
appropriate  fees  listed  below  (as  permitted  by  applicable 
law) which may be amended from time to time by us. You 

 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following fees due to us.  Cash Advance fee: 4.00% of each 
Cash Advance, $10 minimum. Balance Transfer fee 3.00% 
of each balance transferred, $5 minimum. 

the 

time 

in  effect  at 

12.  Foreign  Transaction  Fee.  Transactions  that  you 
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 
are  considered  foreign  transactions.    The  conversion  rate 
to  U.S.  Dollars  will  be  determined  by  MasterCard 
International in accordance with their operating regulations 
or  conversion  procedures 
the 
transaction  is  processed.  Currently,  their  regulations  and 
procedures  provide  that  the  currency  conversion  rate  they 
use  is  either  (1)  a  government-mandated  rate  or  (2)  a 
wholesale  market  rate,  whichever  is  applicable,  in  effect 
one day prior to the processing date. We do not determine 
the  currency  conversion  rate which is used.  You agree to 
pay  the  converted  amount  in  U.S.  funds.  In  addition, 
MasterCard  will  charge  us  (the  Bank)  an  international 
transaction  fee,  currently  equal  to  one  percent  (1.00%)  of 
the 
the 
transaction  amount.  We  will  charge  you 
international  transaction  fee  imposed  on  us  plus  an 
additional  2.00%  of  the  transaction  amount  whether  that 
transaction  was  originally  made  in  U.S.  dollars  or  was 
made  in  another  currency  and  converted  to  U.S.  dollars.    
These two fees will be aggregated and shown as one  

13. Other Fees. As allowed by law, we may charge, and 
you  agree  to  pay,  fees  for  certain  services  or  requests 
made by you, such as but not limited to: Automated Teller 
Machine  (“ATM”)  transactions  conducted  at  machines  not 
operated  by  us,  requests  for  copies  of  billing  statements, 
sales  drafts,  or  other  records  of  your  Account,  or  if  you 
request  a  replacement  card(s).    However,  we  will  not 
charge fees for copies of documents requested for a billing 
dispute.    These  fees  may  change  from  time  to  time.    We 
will inform you of the fee(s) that you will incur prior to when 
the  applicable  service(s)  is  (are)  provided  or  when  you 
make  the  request(s),  as  applicable.  You  authorize  us  to 
charge your Credit Card account for any such fees that you 
incur.  

If  you  request  Employees  to  have  access  to  Cash 
Advances,  and  an  Employee  uses  an  ATM  not  owned  by 
us,  a  fee  may  be  charged  by  the  ATM  operator  or  any 
network used (and you may be charged a fee for a balance 
inquiry  even  if  you  do  not  complete  a  fund  transfer).  We 
cannot waive these fees. 

14.  Automated Terminal Services. 

a.  Automated Terminals. Employees may use their 
Card  to  get  a  Cash  Advance  in  the  following  automated 
terminals. 

♦ Any  automated  teller  machine  (including  any 
ATM  we  may  own)  that  is  participating  in  a  network  and 
accepts our Card (“Network ATM”) and 

♦ Any  point-of-sale  terminal  that  accepts  our 

Card (“POS terminal”). 

b.  Services Available at an Automated Terminal. 

Employees may use their Card at any Network ATM to: 

♦ Receive  their  Credit  Card  account  balances. 
transactions 

include  some 

These  balances  may  not 
recently made in that Credit Card account. 

♦ Get  a  Cash  Advance  from  their  Credit  Card 

account. 

c.  Point-of-Sale  Terminal.  The  Card  may  also  be 
used  at  a  POS  terminal  to  purchase  certain  merchandise. 
The  amount  of  the  purchase  will  automatically be charged 
to the Employee’s Credit Card account as a Purchase. 

d.  Limits  of  Automated  Terminal  Services  – 
Cash  Advances.  The  withdrawal  amount  should  not 
exceed the credit limit. 

e.  Fees  for Using Automated Terminal Services. 
Fees may be charged for transactions made at automated 
teller  machines  not  operated  by  us  as  described  in 
paragraph 13-Other Fees. 

f.  Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible  for  all  transactions  in  which  Employees  use 
their Card in an automated terminal, or the use of the Card 
by  anyone  else  who  uses  it  with  your  permission.  Security 
in  use  of  the  Card  is  provided  by  the  secret  codes,  which 
we will provide you and the magnetically encoded stripe on 
the Card. Please keep the Card safe, and also protect the 

BW-BCCAG (REV. 11/14)  

secret  codes.  Do  not  record  the  secret  code  on  the  Card. 
Use  the  Card  and  the  secret  codes  as  instructed  at  all 
times.  You  are  responsible  for  instructing  Employees  on 
card usage and security measures. We will not be liable for 
your  failure  to  instruct  employees.  Please  notify  us  of  any 
mechanical  or  operating  failure  in  connection  with  the  use 
of  your  Card.  The  Card  remains  the  property  of  the  Bank 
and  can  be  revoked  and  repossessed  at  any  time.  You 
must return Card(s) to us when asked. Cards must not be 
used after the expiration dates. 

15. 

  Lost  or  Stolen  Card:  Your  Liability  for 
Unauthorized  Use.  In  the  event  of  possible  loss,  theft  or 
unauthorized  use, you agree to notify us immediately. You 
may be liable for the unauthorized use of any Card issued 
under  this  Agreement.  If  10  or  more  Cards  are  issued 
pursuant to this Agreement, Company shall be strictly liable 
for any unauthorized use. If fewer than 10 Cards are issued 
pursuant  to  this  Agreement,  you  will  not  be  liable  for 
unauthorized use of the Card which occurs after you notify 
us  orally  at  1-800-996-2638  or  in  writing  at  BankCard 
Center,  PO  Box  2078  Omaha,  NE  68103-2078,  of  loss, 
theft,  or  possible  unauthorized  use,  and  your  liability  for 
unauthorized  use  of  the  Card  will  not  exceed  $50.00  per 
Card for use of a Card by anyone other than an Employee 
prior  to  notice  to  us.  However,  a  Card  in  the  possession 
and control of an Employee, even after his or her authority 
to use the Card has been revoked by you, is not considered 
lost  or  stolen,  and  its  use  by  such  Employee  is  not 
unauthorized.  You  must  recover 
the 
Employee.  You  agree  to assist us in determining the facts 
and  circumstances  relating  to  any  unauthorized  use  of  a 
Card. 

the  Card 

from 

16. Where  to  Call  or  Write.  If  you  believe  any  Cards 
have been lost or stolen or that someone has transferred or 
may  transfer  money  from  the  Credit  Card  account  or 
otherwise  use  the  Credit  Card  account  without  your 
permission,  call:  1-800-996-2638  or  write  to:  BankCard 
Security  Department,  PO  Box  2078  Omaha,  NE  68103-
2078  

17. Our Business Days. Our business days are Monday 

through Friday, except for bank holidays. 

the  requested 

18. Credit  Information,  Investigation  &  Disclosure. 
We  may  from  time  to  time  ask  you  for  information  for  the 
purpose of conducting a credit review of you. You agree to 
information  within  a 
provide  us  with 
reasonable period of time, and authorize us and our agents 
to  inspect  your  records  and  books  of  account  (and  make 
extracts  there  from)  and  to  discuss  your  affairs,  finances 
and  accounts  with  your  representatives,  all  at  such  times 
and as often as we may reasonably request. You authorize 
us, both now and in the future, to check your credit history 
(personal  and  business)  and  to  release  information  about 
our credit experience with you to third parties in response to 
legitimate credit disputes made by you. 

19. Security  Interest.  We  have  no  security  for  any 
amounts  which  become  due  under  this  Agreement,  even 
though any other agreement you may have with us, unless 
you have given us a specific security interest in connection 
with  this  Agreement,  which  is  described  on  a  Supplement 
to this Agreement. 

20. Authorizations 

by  Bank;  Disputes  with 
Merchants.  Some  Purchases  and  Cash  Advances  will 
require our prior authorization. We may limit the number of 
authorizations we give on a Credit Card account on any day 
or  for  other  reasons.  We  will  not  be  liable  if  a  merchant, 
ATM or other financial institution does not honor a Card or 
if authorization for a particular transaction is not given. We 
shall have no liability for the goods or services obtained by 
use  of  any  Card.  You  shall  attempt  to  settle  any  claims  of 
disputes  for  Purchases  with  the  seller  and  hereby  waives 
any and all claims against us in connection therewith. 

21. Default.  We  may  declare  the  entire  balance  for  all 
Credit  Card  accounts  due  and  payable  at  once  with  or 
without  notice  or  demand  if  any  of  these  events  (a 
”Default”) happens: 

a.  If  you  miss  a  payment  under  this  Agreement  or 

any other obligation you owe us; or 

b.  If you violate any terms of this Agreement. 

If you are in Default, we may terminate your Credit Card 
account, make no more additional loans, and require you to 
immediately repay the entire unpaid balance of all amounts 

28. Canceling  this  Agreement.  We  have  the  right  to 
cancel  this  Agreement  at  any  time  by  sending  a  notice  to 
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  1-800-996-2638. 
If this Agreement is canceled by you or us, your obligation 
is 
this 
repay  amounts  you  already  owe  under 
Agreement.  In either case, the account will be closed and 
you will no longer have access to the account. 

to 

terms  of  existing 

29. Other  Agreements.  Use  of  your  Card  is  subject  to 
the 
regulations  governing  deposit 
accounts  and  other  agreements  and  disclosures  for  your 
checking,  savings  and  Credit  Card  accounts,  and  any 
future changes. 

30.  Our  Communications  with  you.  You  agree  that 
we, any of our affiliates, agents, independent contractors or 
service  providers  may  monitor  and  record  telephone  calls 
regarding your banking services to assure the quality of our 
service  or  for  other  reasons.  You  also  expressly  consent 
that  we,  any  of  our  affiliates,  agents, 
independent 
contractors or service providers may use written, electronic, 
or verbal means, or  any other medium, as permitted by law 
and  including,  but  not  limited  to,  mail  and  facsimile,  to 
contact  you.  Your  consent  includes,  but  is  not  limited  to, 
contact by manual calling methods, prerecorded or artificial 
voice  messages,  text  messages,  e-mails and/or automatic 
telephone  dialing  systems.  You  agree  that  we,  any  of  our 
affiliates,  agents, 
independent  contractors  or  service 
providers  may  contact  you  by using any e-mail address or 
any  telephone  number  you  provide,  including  a  telephone 
number  for  a  cellular  phone  or  other  wireless  device, 
regardless of whether you incur any charges as a result.   

31.  Miscellaneous.  By  signing  the  Application,  you 

agreed that: 

♦ When we give you notice, we may give the notice 
by mailing it to you at the address shown in the application 
or at any address you may later give to us in writing; 

♦ This  Agreement  will  be  governed  by  the  laws  of 
the  State  of  Nebraska,  and,  as  applicable,  federal  law, 
regardless of where the Purchases or Cash Advances are 
made.   

♦ Our  supervisory  personnel  may  listen  to  and 
record  your  telephone  calls  to  us  for  the  purpose  of 
monitoring and improving the quality of service you receive. 
♦ You  will  not  assign  this  Agreement  to  any  other 
entity  or  person,  including  any  purchaser  of  your  business 
or  any  company  into  which  you  may  be  merged,  if 
applicable, without our written consent. 

♦ You  will  notify  us  promptly  in  writing  of  any  (i) 
changes  to  your  name,  address,  legal  status  or  corporate 
structure, or (ii) the occurrence of any default on your part 
under  the  terms  of  this  Agreement;  or  (iii)  any  litigation  or 
claims  of  any  kind  which  might  subject  you  to  any  liability 
exceeding $10,000. 

♦ We  reserve  the  right  to  waive  a  fee  from  time  to 
time but a waiver does not mean we will continue to waive 
such fee in the future. 

due  on  your  Credit  Card  account,  including  but  not  limited 
to all loan amounts, Late Payment Fees and other charges 
assessed  but  not  paid,  and  all  of 
INTEREST 
CHARGES  accrued  but  not  paid.  If  we  terminate  your 
Credit  Card  account,  your  obligation  to  repay the amounts 
you already owe us would continue.  

the 

including 

  Your  payments  under 

At  our  option,  we  may  also  take  action  short  of 
terminating  your  Credit  Card  account.  If  your  minimum 
payment  (shown  on  your  periodic  statement  as  “Minimum 
Payment  Due”)  is  not  received  within  60  days  of  the 
Payment Due Date, ANNUAL PERCENTAGE RATE for all 
balances  will  be  Variable  Rate  equal  to  the  sum  of  the 
Current  Index  plus  a  “Rate  Spread”  of  26.74  percentage 
points.    You  will  be  provided  with  a  notice  45  days  in 
advance  of  the  effective  date  of  the  change  in  ANNUAL 
PERCENTAGE  RATE. 
this 
Agreement, 
INTEREST 
CHARGE,  will  increase  as  a  result  of  the  increase  in  your 
ANNUAL PERCENTAGE RATE, and any such increase in 
your ANNUAL PERCENTAGE RATE will be shown on your 
periodic  statement.  We  may  reinstate  your  ANNUAL 
PERCENTAGE  RATE 
this 
Agreement once you have met the terms of the Agreement 
for  at  least  six  (6)  consecutive  billing  periods  immediately 
following  the  effective  date  of  the  Penalty  Rate. If we take 
such lesser action initially, we reserve the right to terminate 
your  Credit  Card  account  and  accelerate  all  amounts  due 
under this Agreement regardless of whether any additional 
events  have  occurred  which  would  permit  termination  and 
acceleration.  

the  amount  of 

the  rate  set 

forth 

the 

to 

in 

22. Collection.  You  promise  to  pay  all  collection  costs, 
including  reasonable  attorneys’  fees  and  court  costs, 
permitted by law. 

23. Right  of  Offset  Authorized.  In  the  event  of  any 
acceleration  of  the  balance  due  hereunder,  you  authorize 
us to offset the amount due against any amounts you have 
on deposit with us. 

24. If  There  Is  More  Than  One  Signature  on  the 
Application.  If  more  than  one  person  or  entity  is  the 
“Company”  on  this  Agreement, each of you individually, or 
all  of  you  together,  will  be  liable  under  the  application  and 
this  Agreement.  We  may  collect  from  or  sue  any  one  of 
you, or make any settlements or extensions with any one of 
you, without giving up our rights against the other. 

25. No  Waiver  of  Rights.  If  we  choose  to  waive  any 
terms  or  conditions  of  this  Agreement  on  a  case-by-case 
basis,  such  as  by  not  declaring  the  entire  balance  due 
when  the  minimum  monthly  payment  has  not  been  made 
on time, it does not mean that we have waived, or given up, 
our  right  to  exercise  any  of  our  rights  or  remedies  under 
this  Agreement  in  the  future.  We  are  not  required  to  use 
any  particular  kind  of  demand  or  notice  in  order  to  collect 
amounts due to us under this Agreement. No indulgence or 
acceptance  by  us  of  delinquent  or  partial  payments 
constitutes a waiver of our rights or of any provision of this 
Agreement.  No  waiver  of  any  existing  default  shall  be 
deemed to waive any subsequent default. 

26. Waiver  of  Certain  Rights  by  You.  You,  anyone 
signing  the  Application  and  any  guarantor  agree  that  they 
will  be  liable  for  repayment  of  everything  they  owe  under 
this  Agreement,  even 
legal 
procedures  such  as  diligence,  demand,  presentment  and 
notice and protest of dishonor, which we might be required 
to follow if it were not for this waiver. 

if  we  do  not 

follow  all 

27. Changing Terms. We can change, add to, delete or 
otherwise modify the terms of this Agreement at any time in 
any  way  permitted  by  law.  We  will  send  you  a  notice  of 
change at least 45 days (or as required by applicable law) 
before the effective date of the change. We do not have to 
send you an advance notice of the change if it favors you, 
such  as  by  reducing  rates,  or  increasing  the  maximum 
credit limit.  Except in cases where we are changing terms 
due to the Minimum Payment Due not being received within 
60  days  of  the  Payment  Due  Date,  you  agree  that  the 
change  may  cover  all  transactions made 15 days after we 
mail the notice. If you do not agree to the change, a method 
for  rejecting  the  change  and  closing  the  account  will  be 
provided in the Change of Terms Notice.   You agree that if 
you  use  your  card  after  the  effective  date  of  the  change, 
this will constitute your agreement with the change. 

BW-BCCAG (REV. 11/14)