Updated  Contact  Information.  You  agree  to  notify  us  within  15  days 
after  changing  your  name,  e-mail  address,  mailing  address,  or  phone 
number. We will rely on the address we have for you in our records for 
any  Account  communications  we  send  to  you  unless  and  until  either 
you or the U.S. Postal Service notiﬁes us of a change of address. If your 
Account is a joint Account, each of you appoints the other as your agent 
to designate the address to which any and all Account communications, 
including the account statement, may be sent to you. 

MILITARY LENDING ACT PROTECTIONS 
Federal  law  provides  important  protections  to  members  of  the  Armed 
Forces and their dependents relating to extensions of consumer credit. 
In general, the cost of consumer credit to a member of the Armed Forces 
and his or her dependent may not exceed an annual percentage rate of 
36 percent. This rate must include, as applicable to the credit transaction 
or account: The costs associated with credit insurance premiums; fees 
for ancillary products sold in connection with the credit transaction; any 
application fee charged (other than certain application fees for speciﬁed 
credit transactions or accounts); and any participation fee charged (other 
than certain participation fees for a credit card account). To receive this 
disclosure by phone, please call 1-800-272-2102 and select the option 
for Military Lending Act oral disclosures. 

ARBITRATION AND JURY TRIAL WAIVER 
NOTE:  If  you  are  a  Covered  Borrower  under  the  Military  Lending 
Act Regulations, you are not required to submit to arbitration in the 
case of a dispute. If you were a Covered Borrower under the Military 
Lending  Act  Regulations  with  regard  to  any  prior  agreement,  this 
arbitration  clause  does  not  cover  any  claims  related  to  that  prior 
agreement. 
You agree that either you or we can choose to have binding arbitration 
resolve  any  claim,  dispute  or  controversy  between  you  and  us  that 
arises from or relates to this Agreement or the Account and credit issued 
thereunder (individually and collectively, a “Claim”). This does not apply 
to any Claim in which the relief sought is within the jurisdictional limits 
of, and is ﬁled in, a small claims court. If arbitration is chosen by any 
party, the following will apply: 

(a) NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE 
A  CLAIM  IN  COURT  OR  TO  HAVE  A  JURY  TRIAL  ON  A  CLAIM, 
OR  TO  ENGAGE  IN  PRE-ARBITRATION  DISCOVERY,  EXCEPT  AS 
PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES. 
(b) Arbitration will only decide our or your Claim, and you may not 
consolidate or join the claims of other persons who may have similar 
claims. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A 
REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, 
OR  AS  A  PRIVATE  ATTORNEY  GENERAL,  PERTAINING  TO  ANY 
CLAIM SUBJECT TO ARBITRATION. 

(c)  The  arbitration  will  be  performed  in  accordance  with  this 
Arbitration Provision and the rules of the chosen arbitrator in effect 
when the Claim is ﬁled. 
(d) Other rights that you would have if you went to court might also 
not be available in arbitration. 

If arbitration is elected, any claim will be resolved pursuant to this provision 
and  the  American  Arbitration  Association  (“AAA”)  rules  and  procedures 
(“Rules”) in effect at the time the claim is ﬁled. If for any reason the AAA is 
unable or unwilling or ceases to serve as arbitration administrator, another 
nationally  recognized  arbitration  organization  utilizing  similar  rules  and 
procedures will be substituted by us. If the AAA is selected, the arbitration 
will be handled according to its Commercial Arbitration Rules. 
This  provision  is  made  pursuant  to  a  transaction  involving  interstate 
commerce  and  will  be  governed  by  the  Federal  Arbitration  Act,  9  U.  S. 
C. §§ 1 et seq., as amended (“FAA”). The arbitrator will apply applicable 
substantive  law  consistent  with  the  FAA  and  applicable  statutes  of 
limitations and will honor claims of privilege recognized at law. Judgment 
upon  the  award  rendered  by  the  arbitrator  may  be  entered  in  any  court 
having jurisdiction. The arbitrator’s decision will be ﬁnal and binding, except 
for any right of appeal provided by the FAA and except that, if the amount in 
controversy exceeds $100,000, any party can appeal the award to a three-
arbitrator panel administered by the AAA, which will reconsider de novo any 
aspect of the initial award requested by the appealing party. The decision of 
the panel will be by majority vote. The costs of such an appeal will be borne 
by the appealing party regardless of the outcome of the appeal. 
You  may  obtain  rules  and  forms  for  the  AAA  by  contacting  the  AAA  at 
1-800-778-7879 or www.adr.org. 
Any arbitration hearing that you attend will take place in the federal judicial 
district  where  you  reside.  At  your  request,  we  will  temporarily  advance 
your ﬁling and hearing fees for any Claim you may ﬁle against us. At the 
conclusion of the arbitration, the arbitrator will decide who will ultimately 
be  responsible  for  paying  the  ﬁling,  administrative  and/or  hearing  fees  in 
connection  with  the  arbitration.  Unless  inconsistent  with  applicable  law, 
each  party  will  bear  the  expense  of  that  party’s  attorneys’,  experts’  and 
witness fees, regardless of which party prevails in the arbitration. We will 
also pay any fees or expenses that applicable law requires us to pay. 
This  provision  will  survive  termination  of  your  Account,  as  well  as  the 
repayment  of  all  outstanding  amounts  incurred  in  connection  with 
this  Agreement.  If  any  portion  of  this  provision  is  deemed  invalid  or 
unenforceable  under  any  law  or  statute  consistent  with  the  FAA,  it  will 
not  invalidate  the  remaining  portions  of  this  arbitration  provision  or  the 
Agreement.  In  the  event  of  a  conﬂict  or  inconsistency  between  the  AAA 
Rules and this arbitration provision, this provision will govern. 

OTHER DEFINED TERMS 

“Applicable  law”  refers  to  any  applicable  (a)  federal,  state  or  local 
statutes,  regulations,  licensing  requirements,  regulatory  bulletins  or 

guidance,  regulatory  examinations,  agreements  or  orders,  (b)  rule, 
regulation, restriction, requirement or contractual term of Visa, and (c) 
judicial or administrative interpretations of any of the foregoing. 
“Available  credit”  is  the  amount  equal  to  your  credit  limit  less  your 
outstanding balance (including all principal, accrued interest and fees, 
whether billed or unbilled. 
The word “Card” refers to both the physical Card and any use of a Card. 
The word “use” shall include any presentation of the Card or disclosure 
of  its  associated  account  number  or  PIN  in  any  manner  that  permits 
someone to purchase goods and services or obtain a cash advance. 
Using smart phones, tablets, or other electronic devices that store your 
Card for purposes of credit transactions (e.g. through a mobile wallet or 
other application) will also be considered a “use” of the Card. 
“Credit  limit”  refers  to  the  maximum  permitted  outstanding  balance 
for  your  Account  (including  all  principal,  accrued  interest  and  fees, 
whether billed or unbilled). 
“PIN” refers to your personal identiﬁcation number that may be used 
to access your account at certain terminals (e.g. ATMs) or by phone. 

GENERAL 
Waiver  of  Rights.  Except  as  may  be  prohibited  by  applicable  law,  you 
agree to waive any right you may have for us to act promptly in bringing 
any action(s) against you (known as diligence); to demand payments of 
amounts due (known as presentment); to obtain an ofﬁcial certiﬁcation 
of non-payment (known as protest); and to give notice that amounts due 
will  not  be  paid  (known  as  notice  of  dishonor  or  notice  of  default  and 
non-payment). 

Privacy Policy. You authorize us to share information about you and your 
Account as permitted by law. See our Privacy Policy for details about our 
information sharing practices. 

Assignment. You may not sell, assign or transfer your Account or Card or 
any of your rights and obligations under this Agreement. We may, however, 
sell, assign or transfer your Account, or any balance due thereunder, and 
our rights and obligations under this Agreement to another entity without 
your consent and without prior notice. That entity will take our place in 
this Agreement. 

Severability. If any provision of this Agreement is deemed to be void or 
unenforceable by a court of competent jurisdiction or any governmental 
agency,  that  provision  will  continue  to  be  enforceable  to  the  extent 
permitted by that court or agency, and the remainder of that provision will 
no longer be considered as part of this Agreement. All other provisions of 
this Agreement will, however, remain in full force and effect. 

Governing  Law.  This  Agreement  is  entered  into  between  you  and  us  in 
the State of Arkansas and all credit issued under this Agreement is issued 
from the State of Arkansas. Your Account and this Agreement, and any 

claim, dispute or controversy arising from or relating to your Account or 
this  Agreement,  is  governed  by,  and  construed  in  accordance  with  the 
laws of the State of Arkansas. 

Entire Agreement. You acknowledge that this Agreement and all Account 
Documents, as amended from time to time, make up the entire agreement 
between  you  and  us  and  supersedes  any  prior  or  contemporaneous 
written  or  oral  communications  or  understandings  between  you  and  us 
concerning your Account and the Card. 

Section Headings. The Section headings used in this Agreement are only 
meant to organize this Agreement, and do not in any way limit or deﬁne 
your or our rights or obligations hereunder. 

STATE NOTICES 
CALIFORNIA RESIDENTS: A married applicant may apply for a separate 
account. 

CALIFORNIA  AND  NEVADA  RESIDENTS:  Pursuant  to  this  Agreement, 
interest is compounded on unpaid amounts. 

MARYLAND RESIDENTS: Finance Charges will be imposed in amounts or 
at rates not in excess of those permitted by law. You have the right under 
Section 12-510 of the Commercial Law Code to receive an answer to a 
written inquiry concerning the status of your account. 

NEW JERSEY RESIDENTS: Because certain provisions of this Agreement 
are  subject  to  applicable  law,  they  may  be  void,  unenforceable  or 
inapplicable  in  some  jurisdictions.  None  of  these  provisions,  except  for 
clause  (k)  in  the  “Default”  section,  however,  is  void,  unenforceable  or 
inapplicable in New Jersey. 

NEW  YORK  RESIDENTS:  Your  signature  (including  any  electronic 
or  digital  signature)  on  any  Application  or  on  any  sales  slip  or  other 
evidence  of  indebtedness  on  your  Account  or  any  action  that  you 
may  take  to  begin  a  transaction  represents  your  signature  on  this 
Agreement. 

OHIO  RESIDENTS:  The  Ohio  laws  against  discrimination  require  that  all 
creditors  make  credit  equally  available  to  all  credit  worthy  customers, 
and  that  credit  reporting  agencies  maintain  separate  histories  on  each 
individual  upon  request.  The  Ohio  civil  rights  commission  administers 
compliance with this law. 

Your Billing Rights: Keep This Document For Future Use 
This notice tells you about your rights and our responsibilities under the 
Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 
If you think there is an error on your statement, write to us at: Simmons 
Bank, P.O. Box 84042, Columbus, GA 31908-4042. You may also contact 
us on the Web at: www.simmonsbankcards.com 

In your letter, give us the following information: 

•  Account information: Your name and account number. 
•  Dollar amount: The dollar amount of the suspected error. 
•  Description  of  problem:  If  you  think  there  is  an  error  on  your  bill, 
describe what you believe is wrong and why you believe it is a mistake. 

You must contact us: 

•  Within 60 days after the error appeared on your statement. 
•  At least 3 business days before an automated payment is scheduled, if 

you want to stop payment on the amount you think is wrong. 

You must notify us of any potential errors in writing or electronically. You 
may call us, but if you do we are not required to investigate any potential 
errors and you may have to pay the amount in question. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 

1.  Within 30 days of receiving your letter, we must tell you that we received 
your letter. We will also tell you if we have already corrected the error. 
2.  Within 90 days of receiving your letter, we must either correct the error 

or explain to you why we believe the bill is correct. 
While we investigate whether or not there has been an error: 

•  We  cannot  try  to  collect  the  amount  in  question  or  report  you  as 

delinquent on that amount. 

•  The  charge  in  question  may  remain  on  your  statement,  and  we  may 

continue to charge you interest on that amount. 

•  While  you  do  not  have  to  pay  the  amount  in  question,  you  are 

responsible for the remainder of your balance. 

•  We can apply any unpaid amount against your credit limit. 

After we ﬁnish our investigation, one of two things will happen: 

•  If we made a mistake: You will not have to pay the amount in question 

or any interest or other fees related to that amount. 

•  If  we  do  not  believe  there  was  a  mistake:  You  will  have  to  pay  the 
amount  in  question,  along  with  applicable  interest  and  fees.  We  will 
send you a statement of the amount you owe and the date payment is 
due. We may then report you as delinquent if you do not pay the amount 
we think you owe. 

If you receive our explanation but still believe your bill is wrong, you must 
write to us within 10 days telling us that you still refuse to pay. If you do 
so, we cannot report you as delinquent without also reporting that you are 
questioning  your  bill.  We  must  tell  you  the  name  of  anyone  to  whom  we 
reported you as delinquent, and we must let those organizations know when 
the matter has been settled between us. 

If we do not follow all of the rules above, you do not have to pay the ﬁrst $50 
of the amount you question even if your bill is correct. 

Your Rights If You Are Dissatisﬁed With Your Credit Card Purchases 
If you are dissatisﬁed with the goods or services that you have purchased 
with your credit card, and you have tried in good faith to correct the problem 
with the merchant, you may have the right not to pay the remaining amount 
due on the purchase. 
To use this right, all of the following must be true: 

1.  The purchase must have been made in your home state or within 100 
miles  of  your  current  mailing  address,  and  the  purchase  price  must 
have been more than $50. (Note: Neither of these is 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 or electronically at: 
Simmons Bank 
P.O. Box 84042 
Columbus, GA 31908-4042 
www.simmonsbankcards.com 
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. 

F03-Y642-5 -0521

JOB SPECS: 
Flat Size: 
25.999” x 6.75” 

Finished Size: 
3.75” x 6.75” 

Colors:  
Front: Black 
Back: Black 

Bleed: None 

Note: None 

Simmons Bank VISA® Credit Card Agreement: 

Simmons Visa, Simmons Signature Visa, Simmons Red Rewards VISA 

You should thoroughly review and retain a copy of this Agreement and 
the  Account  Documents.  This  Agreement,  the  Summary  of  Rates  and 
Terms  which  is  incorporated  into  this  Agreement,  and  all  other  Account 
Documents,  as  deﬁned  below,  govern  the  terms  and  conditions  of  your 
credit card account (the “Account”) issued by Simmons Bank. “Summary 
of Rates and Terms” are deﬁned as the credit card tabular format of Truth 
in  Lending  Act  disclosure  requirements  that  promote  informed  use  of 
consumer credit about our credit card’s terms and cost. These disclosures 
may  have  been  received  by  you  as  “Application  Disclosures;”  “Account 
Opening Disclosures;” or “Credit Card Disclosures.” If you did not receive a 
table with the headings of “Interest Rates and Interest Charges” and “Fees” 
for retention with your credit card Account Documents, please contact us 
immediately. 
As  used  in  this  Agreement,  “you”  and  “your”  mean  each  applicant  and 
co-applicant  for  the  Account,  any  person  responsible  for  paying  the 
Account, and any person to whom we issue a Card at your request. “We,” 
“us,” and “our” mean Simmons Bank (located in Pine Bluff, Arkansas) and its 
successors, and assignees. “Account Documents” means this Agreement, 
the Summary of Rates and Terms, all statements, the terms and conditions 
of  any  rewards  program  applicable  to  your  Account;  the  privacy  notice 
of  Simmons  Bank,  all  disclosures  and  materials  provided  to  you  before 
or when you opened your Account or at the time of application, the card 
mailer delivered with your Card, and any other documents or disclosures 
relating  to  your  Account  that  we  provide,  as  well  as  all  amendments  or 
changes to each of the preceding documents. With the exception of account 
statements, you may ﬁnd current versions of each Account Document at 
simmonsbank.com/bank/credit-cards or by contacting Simmons Bank by 
telephone at 1-800-272-2102 or by mail at Simmons Bank, P.O. Box 6609, 
Pine Bluff AR 71611. Your Account statements are available by logging in to 
your Account at www.simmonsbankcards.com or by contacting Simmons 
Bank at 1-800-272-2102. 
You agree to be bound by this Agreement and the Account Documents upon 
executing, authorizing or submitting an application to us or upon your use of 
the Account or any Card associated with your Account. Your consent to any 
Account Document you receive following your application is evidenced by 
your use of the Account or any Card associated with your Account following 
receipt  of  the  document.  This  Agreement  and  the  Account  Documents 
become effective immediately upon the approval of your Account by us. 

USING YOUR ACCOUNT 
You  may  use  your  Account  and  Card  to  make  purchases  or  obtain 
cash  advances  by  presenting  your  Card  to  participating  merchants  or 
establishments,  including  certain  automated  teller  machines  (ATMs) 
where the Card is accepted. You may also use your Account to make cash 

advances  or  transfer  balances  from  other  creditors  in  connection  with 
convenience checks, offers or other programs we may offer from time to 
time, pursuant to the terms we provide you with in connection with of any 
of these items. 
You  agree  to  use  your  Account  only  for  personal,  family  or  household 
purposes. Your Account may be used only for valid and lawful purposes. If 
you use, or allow someone else to use, your Card and Account for any other 
purpose or for any illegal purpose, you will be responsible for this use and 
may be required to reimburse us for all amounts or expenses we pay as a 
result of such use. 
Unless  prohibited  by  applicable  law,  we  may,  from  time  to  time,  limit 
the  type,  number  or  dollar  amounts  of  any  transactions  when  using  the 
Account. We may also terminate or suspend your use of your Account or 
Card  without  notice  unless  prohibited  by  applicable  law.  We  may  decline 
to authorize a transaction for any reason. By way of example and not as 
limitation, we will not authorize any transaction that is identiﬁable as being 
related to gambling nor will we authorize the use of your Account for the 
purchase  of  money  orders,  traveler’s  checks,  wire  transfers  or  foreign 
currency purchases. We may permit the use of your Account to obtain cash 
advances for these purposes. We are not responsible for any losses you 
incur if we do not authorize a transaction nor are we responsible for any 
losses you incur if a merchant or establishment refuses to accept your Card. 
You may not use the Card or your Account for any illegal transaction or any 
gambling transaction. We will decline identiﬁable gambling transactions. 

Promise to Pay. By using your Card or your Account, you promise to pay 
us for all transactions made on your Account, as well as any fees, interest 
charges or other charges. If this is a joint account, each of you, together 
and individually, is responsible for all amounts owed, even if only one of 
you uses the Account. 
You are liable for all charges, cash advances, interest, fees, and other costs 
that  accrue  or  arise  from  the  use  of  your  Card  or  Account,  except  with 
respect to any unauthorized use for which you will not be liable as described 
in the  following paragraph. You  will be liable for any use of your Card or 
Account  by  any  person  to  whom  you  knowingly,  and  with  consent,  give 
your Card or PIN. 
Unauthorized  Use.  You  must  notify  us  immediately  and  assist  us  in  our 
investigation if your Card is lost or stolen or you believe someone is using 
your Account or Card without your permission. If you notice the loss or theft 
of your Card or a possible unauthorized use of your Card or Account, you 
should contact us immediately at 1-800-272-2102. 
You  will  not  be  liable  for  any  unauthorized  use  of  your  Card  that  occurs 
after you notify us. If we reimburse you for unauthorized transactions, we 
ask that you assist us in investigating, pursuing and getting reimbursement 
from the wrongdoer. 

Credit  Limits.  When  you  open  your  Account,  we  will  tell  you  your  credit 
limits. Your credit limit and your available balance will also appear on your 

statement. We may give you different credit limits for the different balances 
in your account in addition to an overall credit limit. We may increase or 
decrease your credit limit or your cash advance limit at any time, without 
notice.  You  are  required  to  keep  your  Account  balance  at  or  below  your 
credit  limit(s).  If  your  credit  limit(s)  is  exceeded  in  any  manner,  we  may 
refuse to honor Card transactions and you will be liable for all purchases 
and  borrowings  made  in  exceeding  the  credit  limit(s).  We  may  honor 
transactions  above  your  credit  limits,  but  if  we  do,  these  transactions 
will  not  increase  your  credit  limit(s).  We  have  the  right  to  require  you  to 
immediately pay the amount that exceeds your credit limit. In addition, you 
will be in default under this Agreement. 

INTEREST AND FEES 
Interest  Charges.  Interest  charges  start  to  accrue  on  cash  advances, 
convenience  checks  and  balance  transfers  from  the  transaction  date. 
Interest  charges  for  purchases  generally  will  start  to  accrue  from  the 
transaction  date,  however,  no  interest  charges  will  be  imposed  on  new 
purchases  if  the  entire  balance  in  your  Account  is  paid  by  the  due  date 
each month. If you do not pay the entire balance on your Account, interest 
charges will be imposed until you pay the entire balance on your Account. 
We calculate the interest charge on your Account by applying the periodic 
rate  to  the  “average  daily  balance”  of  your  Account.  To  get  the  “average 
daily  balance”  we  take  the  beginning  balance  of  your  account  each  day, 
add any new purchases, advances, fees and unpaid interest charges, and 
subtract  any  payments  or  credits.  This  gives  us  the  daily  balance.  Then, 
we add up all the daily balances for the statement cycle and divide the total 
by the number of days in the statement cycle. This gives us the “average 
daily balance.” 
Your account has a variable rate, also known as the annual percentage rate 
or APR, indexed on the Prime Rate. Your rate will increase if the Prime Rate 
increases but will only change one time per statement cycle. If the Prime 
Rate increases, you may pay more interest and may have a higher minimum 
payment due. Changes in APRs (increases or decreases) due to changes in 
the Prime Rate will be effective on the ﬁrst day of your next statement cycle 
beginning at least two days after the change in the Prime Rate. The Prime 
Rate  is  the  prime  rate  published  in  the  Money  Rates  column  of  The  Wall 
Street Journal in effect for the second business day prior to the beginning 
of each statement cycle. 
Transactions  on  your  Account  will  be  added  to  one  of  three  separate 
balances  maintained  in  your  Account  depending  on  the  nature  of  the 
transaction. Purchase transactions are aggregated to the purchase balance. 
Cash  advances,  including  advances  made  by  using  ATM  machines  or 
convenience checks, are aggregated to the cash advance balance. Balance 
transfers  are  aggregated  to  the  balance  transfer  balance.  Each  of  these 
three balances are aggregated to identify your total outstanding  balance. 
We may impose different variable rates for each of the purchase balance, 
the balance transfer balance, and the cash advance balance. The applicable 

interest rates, as well as the identiﬁcation of the margin applied to the Prime 
Rate, for each of these balances is set forth on the Summary of Rates and 
Terms received with your application or this Agreement. 

Fees. The fees identiﬁed below will be applied to your Account in addition 
to the interest charges. The dollar amounts of each speciﬁc fee is set forth 
in the Summary of Rates and Terms received with your application or this 
Agreement. We place fees that result from a speciﬁc transaction into the 
same balance as that speciﬁc transaction. We place fees that do not result 
from a speciﬁc charge, such as a returned payment fee, into your purchase 
balance. 

Cash Advance Fee: In addition to the periodic Interest on Cash Advances, 
a  Cash  Advance  Fee  as  speciﬁed  in  the  accompanying  Summary  of 
Rates and Terms will be applied to your Account upon completing a Cash 
Advance. 
Balance  Transfer  Fee:  In  addition  to  the  periodic  Interest  on  Balance 
Transfers,  a  Balance  Transfer  Fee  as  speciﬁed  in  the  accompanying 
Summary  of  Rates  and  Terms  will  be  applied  to  your  Account  upon 
completing a Balance Transfer. 
Late Payment Fee: If we do not receive at least the Minimum Payment 
Due by the Payment Due Date shown on your Account statement, you 
will be charged a Late Payment Fee as speciﬁed in the accompanying 
Summary of Rates and Terms. We may also refer to this fee as the “late 
fee” or “late charge.” 
Over  Credit  Limit  Fee:  If  you  exceed  any  credit  limit  on  your  Account, 
you  may  be  charged  an  Over  Credit  Limit  Fee  as  speciﬁed  in  the 
accompanying Summary of Rates and Terms. 
Returned Payment Fee: If your payment to us (by check, electronic funds 
transfer,  telephone  authorized  draft,  or  other  payment  mechanism)  is 
not  honored  by  your  ﬁnancial  institution  for  any  reason  or  cannot  be 
processed, we will charge a Returned Payment Fee as speciﬁed in the 
accompanying Summary of Rates and Terms. 
Foreign  Transaction  Fee:  We  will  assess  a  Foreign  Transaction  Fee  as 
speciﬁed  in  the  accompanying  Summary  of  Rates  and  Terms  for  any 
transaction made in a foreign currency that is converted to U.S. dollars 
by VISA. This Foreign Transaction Fee will be applied to all transactions 
posted  to  your  Account  in  a  foreign  currency,  including  all  purchases, 
cash  advances,  and  returns  and  adjustments  (e.g.,  for  returned 
merchandise). A portion of each Foreign Transaction Fee is passed on 
by us to VISA. 

PAYMENTS AND STATEMENTS 
General.  Except  as  otherwise  stated  in  this  Agreement,  we  will  send 
you  an  account  statement  by  regular  mail  to  your  address  as  it  appears 
on our records. We will send your account statement for each statement 
cycle at the end of which your Account has a debit or credit balance or on 

which an interest charge or other fee has been imposed. We will not send 
your  account  statement  if  (a)  we  deem  your  Account  uncollectible,  (b) 
delinquency  collection  proceedings  have  been  instituted,  or  (c)  for  any 
other reason permitted by applicable law. 
Payments received in proper form by 4 PM Central Time on any business 
day  will  be  credited  to  your  Account  as  of  that  day.  Payments  received 
in  proper  form  after  4  PM  Central  Time  on  any  day  will  be  credited  to 
your Account as of the next business day. If you mail your payment to an 
address other than the payment address shown on your statement, there 
may be a delay in crediting the payment to your Account. Delayed crediting 
of  payments  may  cause  you  to  incur  additional  charges,  including,  but 
not limited to, a Late Fee and additional Interest charges. Payments made 
within  one  of  our  branch  ofﬁces  are  processed  the  day  they  are  made 
(even if made after 4 PM Central). 
We  may  accept  checks  or  other  types  of  payment  which  are  marked 
“payment  in  full”  or  use  other  language  to  indicate  satisfaction  of  any 
indebtedness without being bound by such language or waiving any rights 
under  this  Agreement.  We  are  under  no  obligation  to  hold  a  postdated 
check and we reserve the right to process every item presented as if dated 
the same date received by us. You must pay us in U.S. dollars in funds on 
deposit in the U.S. If you do not, we may refuse to accept your payment. 
We may also charge you the costs we incur to collect the funds and we 
may select the currency conversion rate. 

Application of Payments. We apply payments up to the Minimum Payment 
Due at our discretion in accordance with applicable law. This may result 
in balances at lower interest rates being paid before other balances. This 
may  also  result  in  higher  interest  charges.  Payments  in  excess  of  the 
Minimum Payment Due will be applied ﬁrst to your highest interest rate 
balances, in accordance with applicable law. 
Although we may post payments from you as of the date we receive them, 
your available credit may not be restored for up to seven (7) days after we 
receive your payment. 

Minimum  Payment  Due.  You  must  pay  at  least  the  Minimum  Payment 
Due shown on your account statement on or before the Payment Due Date 
shown  on  your  statement.  The  amount  of  your  Minimum  Payment  Due 
may vary from statement to statement and is determined as described in 
the Summary of Rates and Terms as the greater of a speciﬁed percentage 
of the new balance shown on your statement or a speciﬁed dollar amount. 
If  the  new  balance  on  your  statement  is  less  than  the  speciﬁed  dollar 
amount, you will be required to pay the full balance. 
You  may  without  penalty  pay  more  than  your  Minimum  Payment  Due 
or  pay  any  portion  of  your  balance  before  the  Payment  Due  Date.  You 
understand  that  by  making  such  a  prepayment,  the  total  amount  you 
owe us will be reduced but that you must pay the Minimum Payment Due 
reﬂecting on any following account statements. 

DEFAULT AND TERMINATION 
Default. Subject to applicable law, your Account will be in default under 
this Agreement if any one of the following occurs:(a) you become generally 
unable to pay your debts, (b) you die or are declared legally incompetent, 
(c) you use a check or instrument for payment that is dishonored, (d) you 
fail to pay the Minimum Payment Due on or before your Payment Due Date, 
(e) any other creditor tries by legal process to take money of yours in our 
possession, (f) a petition is ﬁled or other proceeding is commenced by 
or against you under the federal bankruptcy act or any other applicable 
federal  or  state  insolvency  laws,  (g)  you  provide  us  with  any  false  or 
misleading information, (h) you breach any of your other obligations under 
this Agreement, (i) you exceed your any credit limit on your Account, (j) 
you are in default of any other credit agreement you have with us or any 
of our afﬁliates, or (k) we believe in good faith that you may not pay or 
perform your obligations under this Agreement. The payment of any fee 
charged by us will not cure the default that caused the fee. 
Late payments, missed payments, or other defaults on your Account may 
be  reﬂected  in  your  credit  report.  If  you  believe  that  we  have  reported 
inaccurate  information  about  your  Account  to  a  credit  bureau  or  other 
consumer reporting agency, notify us in writing at Simmons Bank, P.O. Box 
6609, Pine Bluff AR 71611. When you write, tell us the speciﬁc information 
that you believe is incorrect and why you believe it is incorrect. 

Our Rights When You Are in Default. If your Account is in default under 
this Agreement, we may, subject to applicable law, (a) require you to pay 
any portion of your outstanding Account balance immediately, (b) allow 
you  to  repay  your  Account  subject  to  the  terms  and  conditions  of  this 
Agreement, (c) immediately terminate your Account and cancel all Cards, 
(d) reduce your Account credit limit or otherwise limit your ability to make 
transactions, (e) commence a legal proceeding against you to collect all 
amounts owed in connection with this Agreement, or (f) increase the APR 
for Purchases and Cash Advances. We also may charge you court costs 
and reasonable attorneys’ fees that we incur, as permitted by applicable 
law, if your Account is sent for collection to an attorney who is not our 
salaried employee. We will not be obligated to honor any attempted use of 
your Card or your Account if your Account is in default, or we have decided 
to  terminate  your  Account  or  limit  your  ability  to  make  transactions  as 
discussed  in  this  Agreement.  Except  as  otherwise  provided  for  in  this 
Agreement, interest charges will continue to accrue at the APR in effect at 
the time of default until your total Account balance, including such accrued 
interest charges, is paid in full. You agree that, subject to applicable law, 
if your Account is in default under this Agreement, you will accept calls 
from us at your home and your place of business regarding collection of 
your Account. You understand and agree that the calls to your home may 
be automatically dialed and a recorded message may be played. You agree 
such calls will not be considered “unsolicited” calls or telemarketing calls 
for purposes of state or federal law. 

Delays in Enforcement. We can delay enforcing or not enforce any of our 
rights under this Agreement without losing our right to enforce them in the 
future.  For  example,  we  may  accept  late  payments  or  payments  that  are 
marked  “payment  in  full”  or  with  other  restrictive  endorsements  without 
losing any of our rights under this Agreement. 

Termination. Subject to applicable law, we may terminate this Agreement 
or revoke your right to use your Account or Card, along with your right to 
make future transactions, at any time and for any reason without notice to 
you. You may terminate your Account and use of your Card at any time by 
calling  1-800-272-2102,  or  mail  to  Simmons  Bank,  P.O.  Box  6609,  Pine 
Bluff  AR  71611,  or  email  to  bankcardcustomerservice@simmonsbank.
com. Any request to terminate your Account will be effective after we have 
had  a  reasonable  opportunity  to  act  on  such  request.  The  termination  of 
this Agreement, whether initiated by us or you, will not affect any of your 
or  our  rights  and  obligations  under  this  Agreement.  If  this  Agreement  is 
terminated, you must still repay any amounts you owe us, even if we allow a 
transaction to be completed with your Account or Card after this Agreement 
has been terminated. You agree to give to us or to destroy all of the Cards 
issued  on  your  Account  when  we  ask  you  to  or  when  this  Agreement  is 
terminated.  If  someone  attempts  to  use  a  Card  after  this  Agreement  is 
terminated, the Card may be retained. A Card also may be retained when 
you try to use it when certain other events occur. 

REEVALUATION OF FINANCIAL CONDITION AND CREDIT HISTORY 
We may reevaluate your ﬁnancial condition and investigate any information 
you  provided  on  your  Account  application  at  any  time.  In  the  course  of 
doing so, we may obtain a current credit report and ask you for additional 
information about your ﬁnancial condition by completing a personal ﬁnancial 
statement or such other form that we request from time to time. You give us 
your permission to obtain any information about you that we believe would 
be beneﬁcial to facilitate our determination of your eligibility for the Account 
and the Card, including credit reports from consumer reporting agencies. 
We may, as a result of any such re-evaluation, (i) increase your credit line; 
(ii) decrease your credit line; or (iii) deem your Account to be in default. 

CHANGES TO THIS AGREEMENT 
At  any  time,  we  may  add,  delete  or  change  any  term  of  this  Agreement, 
unless applicable law prohibits us from doing so. We will give you notice 
of any changes as required by law. We may notify you of changes on your 
statement  or  in  a  separate  notice.  Our  notice  will  tell  you  when  and  how 
the changes will take effect. The notice will describe any rights you have in 
connection with the changes. Changes to this Agreement may include but 
are not limited to increasing any rate of interest, increasing or adding fees 
or charges (including annual fees), changing your credit limit(s), or limiting 
the number or amount of transactions on your Account). Any such changes 
will generally be effective immediately unless we are required by applicable 
law to provide you with advance written notice of the proposed changes. 

If this is the case, those changes will be effective immediately following 
the  effective  date  stated  in  the  notice.  We  will  give  you  notice  of  any 
such change in the manner required by law. Subject to applicable law, 
any such changes will apply to your outstanding Account balance on the 
effective date of the change and to any future balances created after that 
date. If we give you the right to reject a change (whether because it is 
required by applicable law or otherwise), and you do not notify us by the 
date stated in a notice, or if you notify us but then use, or someone you 
have authorized uses, your Account after the date stated in the notice, 
you will be deemed to accept all changes in the notice and to accept and 
conﬁrm all terms of your Agreement. If you reject a change that we make, 
we will close your Account. No change to any term of this Agreement will 
affect your obligation to pay all amounts you owe under this Agreement. 

COMMUNICATIONS WITH US 
Contact Us. Unless we tell you otherwise, you can notify us by calling 
1-800-272-2102, or mail to Simmons Bank, P.O. Box 6609, Pine Bluff 
AR 71611, or email to bankcardcustomerservice@simmonsbank.com. 
When  writing,  please  include  your  name,  address,  home  telephone 
number and Account number. 

Contact  with  You.  To  the  extent  permitted  by  applicable  law,  you 
authorize us and our afﬁliates, agents, and contractors, and anyone to 
whom we may sell your Account, to contact you to service your Account 
or for collection purposes. 
You  agree  that  (a)  these  contacts  are  not  unsolicited  for  purposes  of 
any state or federal law; (b) we may contact you in any way, including 
mail, email, calls, and texts, including on a mobile, wireless, or similar 
device, even if you are charged by your provider, and using automated 
telephone  equipment  or  prerecorded  messages;  (c)  we  may  contact 
you at any number that you have given us or any number we have for 
you in our records, even if that number is a wireless, cellular or mobile 
number, is converted to a mobile/wireless number or connects to any 
type of mobile/ wireless device, and even if such telephone number is 
currently listed on a Do Not Call Registry or the call results in charges 
from your carrier; and (d) we may contact you at any email address you 
provide to us or any other person or company that provides any services 
in connection with this Agreement. 

Correspondence.  To  the  extent  permitted  by  applicable  law,  any 
communication you send to us will not be effective until we receive it 
and have had a reasonable opportunity to act on it. Any communication 
we send to you will, however, be effective and deemed delivered when 
mailed to you at your address as it appears on our records. 

Monitoring and Recording. You authorize us to monitor and/or record 
your calls with us. 

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