The  terms  of  the  Bank  of  the  West  Wealth  Management 
World  Elite  MasterCard  Credit  Card  are  available  to  the 
Bank’s Wealth Management clients.   

By requesting or accepting any Wealth Management World 
Elite  MasterCard  Credit  Card  account  (individually  or 
collectively  called  “Credit  Card  account”  or  “Account”)  with 
Bank of the West, you agree to be bound by all the terms of 
this Agreement. In this Agreement, the words “you” or “your” 
mean  everyone  who  has  requested  or  accepted  a  Credit 
Card account with us. The words “we,” “us,” “our,” or “Bank” 
mean Bank of the West.  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  Credit  Card  Agreement  shall  constitute  acceptance  of 
this Agreement.  

1. Use. Your Wealth Management World Elite MasterCard 
Credit Card (individually or collectively called “Card”) may be 
used as a credit card for purchases of goods or services from 
participating  merchants  (“Purchases”)  or 
to  get  Cash 
Advances from us or any other financial institution displaying 
the “MasterCard” logo, or to purchase certain items such as 
traveler's  cheques,  foreign  currency,  money  orders,  wire 
transfers, lottery tickets, and (except as noted below) funds 
to  be  used  for  wagers  or  gambling  (all  of  which  are 
collectively referred to as “Cash Advances”) up to your Credit 
Limit; provided,  however,  you may  not use  your  Card (i) to 
make  Purchases  or  obtain  Cash  Advances  for  any  illegal 
transaction,  or  (ii)  for  any  internet  or  online  gambling 
transactions. Transactions for online or internet gambling will 
not  be  approved.    If  you  use  your  Card  for  any  illegal  or 
prohibited  transaction,  this  Agreement  also  applies  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 
your Card if we notice excessive use of your Card or other 
suspicious activities or if we reasonably believe the Card is 
or  has  been  used  for  one  or  more  illegal  or  prohibited 
transactions. You can also obtain a Cash Advance by writing 
a  special  MasterCard  check  (“Convenience  Check”).  The 
Cash  Advance  will  be  posted  to  your  Credit  Card  account 
when  the  Convenience  Check  reaches  us.  If  you  stop 
payment on a Convenience Check, your Credit Card account 
will be charged $16.00 (or as permitted by law) for each stop 
payment. We may designate that only a portion of your Credit 
Limit is available for Cash Advances.  In addition, you may 
request  that  we  pay  other  creditors  on  your  behalf  and 
transfer  approved  amounts  to  your  Account  (“Balance 
Transfers”). 

Your Card may also be used in certain automated terminals 
to  gain  access  to  your  Credit  Card  accounts.  We  have  no 
responsibility  for  the  failure  of  any  machine,  merchant, 
financial  institution,  or  any  other  party  to  honor  your  Card. 
Your  Card  and  Credit  Card  account  may  be  used  only  for 
valid and lawful purposes. If you use or allow someone else 
to use the Card or Credit Card account for any other purpose, 
you will be responsible for such use and may be required to 
reimburse us for all amounts or expenses we pay as a result 
of such use.  

2. Credit  Limit.  We  will  notify  you  of  the  Credit  Limit  for 
each Credit Card account you have with us. You agree that 
your  total  charges,  including  Purchases,  Cash  Advances, 
Balance  Transfers,  INTEREST  CHARGES,  and  fees  that 
may  be  due  will  not  exceed  your  Credit  Limit.  If  you  do  go 
over  your  Credit  Limit,  you  must  repay  the  excess  amount 
immediately, and we may reduce the available Credit Limit of 
any  other  Credit  Card  account  you  have  with  us  until  such 
time  the  excess  amount  is  repaid.      You  may  apply  to 
increase  your  Credit  Limit  at  any  time  but  we  are  not 
obligated 
time. 
Furthermore, we reserve the right to lower your Credit Limit 

to  increase  your  Credit  Limit  at  any 

BW-WECCAG (Rev. 07/2018) 

CREDIT CARD AGREEMENT  
(Wealth Management World EliteTM MasterCard® Credit Card) 

at any time. For security reasons, we may limit the number 
or  amount  of  transactions  that  may  be  accomplished  with 
your Card or Credit Card account, and we have the right to 
limit  authorizations  to  make  transactions  if  we  consider  it 
necessary to verify Payments received on your Credit Card 
account.  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 an amount in excess of 
your Credit Limit. 

3. Temporary  Reduction  of  Credit  Limit. 

  Some 
merchants  (for  example,  car  rental  companies  and  hotels) 
may  request  prior  credit  approval  from  us for  an  estimated 
amount of your Purchases, even if you ultimately do not pay 
by  credit.  If  our  approval  is  granted,  your  available  Credit 
Limit  will temporarily be reduced  by the  amount authorized 
by us. If you do not ultimately use your Credit Card account 
to  pay  for  your  Purchases  or  if  the  actual  amount  of 
Purchases  posted  to  your  Credit  Card  account  varies  from 
the estimated amount approved by us, it is the responsibility 
of  the  merchant,  not  us,  to  cancel  the  prior  credit  approval 
based on the estimated amount. The failure of the merchant 
to  cancel  a  prior  credit  approval  may  result  in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 

4. Agreement to Pay. When you use your Card or Credit 
Card account, or when you permit anyone to use it, you agree 
to pay the amount of any and all transactions (including any 
which may have been made in violation of this Agreement), 
and  the INTEREST CHARGES  and fees that may  become 
due as shown on the periodic statement. You agree that we 
may change or cancel your Credit Card Account at any time 
without affecting your obligation to pay the amounts that you 
owe under this Agreement.  

5. Periodic  Statement.  Each  month  we  will  send  you  a 
periodic  statement  for  each  Credit  Card  account  you  have 
with us covering the previous billing period. We may not send 
you  a  statement  if  your  balance  is  less  than  $1  and  there 
were no transactions during the billing period. The statement 
will  have  a  “Statement  Period  Date”,  “Statement  Closing 
Date” and a “Payment Due Date,” and will show, among other 
things,  your  “Previous  Balance,”  your  “New  Balance,”  and 
your  minimum  monthly  payment,  which  will  be  shown  as 
“Minimum Payment Due.” 

6. Payment. You must make a payment by the “Payment 
Due Date.”  You have  two  choices:  You may pay  the  entire 
“New Balance” or you may pay in installments by paying at 
least  the  “Minimum  Payment  Due.”  When  your  payment  is 
properly received, we will allocate your payment in a manner 
we  determine  except  as  otherwise  required  by  law.    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 APRs, including introductory 
APRs, before balances with higher APRs. Payments made in 
excess  of  the  Minimum  Payment  will  be  applied  first  to 
balances with the highest Annual Percentage Rate and then 
to each successive balance bearing the next highest Annual 
Percentage Rate. 

  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 make payment by any means 
other  than  mail  to  our  BankCard  Center  crediting  of  the 
payment  may  be  delayed.    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 $27 for the first violation and $38 

 
 
 
 
 
 
 
 
 
for  each  subsequent  violation  within  the  next  six  billing 
cycles. The Returned Payment Fee for Iowa residents is $27 
for  the  first  violation  and  $30  for  the  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. 

  From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 
INTEREST 
reduce  or  eliminate  certain 
temporarily 
CHARGES  on  all  or  a  portion  of  your  Credit  Card  account 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise you of the scope and duration of the applicable skip 
or promotional feature. When the skip or promotional feature 
ends, your regular rates and all the terms of the Agreement 
will resume. 

7. 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  $27  for  the  first  violation  and  $38  for 
each subsequent  violation  within the next six billing cycles.  
The Late Payment fee for Iowa residents is $27 for the first 
violation and $30 for the 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.  If such charge would result 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 Late 
Payment  fee  (with  a  minimum  of  the  lesser  of  $27  or  your 
New Balance) and any amount over your credit limit and past 
due amount. 

8. How  to  Avoid  Paying  Interest  on  Purchases.  There 
may  be  different  treatment  of  INTEREST  CHARGES  for 
Purchases,  Balance  Transfers,  and  Cash  Advances,  even 
though  they  are  computed  the  same  way.  You  may  avoid 
paying an INTEREST CHARGE on Purchases if we receive 
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, begin on the transaction date and will 
be assessed even if your entire New Balance is paid by the 
Payment Due Date. 

9. Computing  Your  INTEREST  CHARGE. We figure  the 
INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the periodic rate to the “Average Daily Balance” of 
each Balance Category on the Credit Card account, including 
current 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  $1.00  (the  minimum  interest  charge  will  appear  as 
“Minimum Charge” in the fees section of your statement).  

a.  Average Daily Balance. To obtain the daily balance 
for  each  Balance  Category  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 
applicable  ANNUAL  PERCENTAGE  RATE  in  effect  for  the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE RATE for each Balance Category 
is described below under “Fixed Rate” and “Variable Rate.” 

c. Fixed Rate. For the Introductory Period your interest 
rate for Purchases on your Account is equal to 0.00% APR; 
thereafter,  your regular ANNUAL  PERCENTAGE RATE for 
Purchases will apply. Introductory ANNUAL PERCENTAGE 
RATES for Balance Transfers or Cash Advances may vary. 
Please refer to your Account Opening Disclosures for specific 

BW-WECCAG (Rev. 07/2018) 

introductory  period  and  ANNUAL  PERCENTAGE  RATES 
associated with your account. 

d.  Variable Rate. 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 Prime Rate published in the “Money Rates” table of The 
Wall  Street  Journal  on  the  business  day  immediately 
preceding the day your billing cycle ends. 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 ANNUAL PERCENTAGE RATE may increase or 
decrease each month if the Index changes. Any new rate will 
be applied as of the first day of your billing cycle during which 
the  Index  has  changed.  If  the  ANNUAL  PERCENTAGE 
RATE increases, you will pay a higher INTEREST CHARGE, 
which may result in a higher minimum payment.  

Your  interest  rate  for  Purchases  (after  the  Introductory 
Period) and Balance Transfers on your Wealth Management 
World Elite MasterCard Account is based on a variable rate 
equal to the sum of the Index plus a “Rate Spread” of 3.90 
percentage points. The interest rate for Cash Advances on 
your Account is based on a variable rate equal to the sum of 
the Index plus a “Rate Spread” of 21.74 percentage points.  
Immediately before each Change Date we will determine the 
new  interest  rate  by  adding  the  Rate  Spread  to  the  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  Balance  Category  during  the  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 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. 

10.  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. Balance Transfer fee:4.00% of each 
balance  transferred,  $10  minimum.  Cash  Advance  fee: 
4.00% of each Cash Advance, $10 minimum.  

11.  Foreign Transactions. 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.  If you make a transaction in 
a foreign currency it will be billed to you in U.S. Dollars. The 
conversion  rate  to  U.S.  Dollars  will  be  determined  by 
MasterCard International in accordance with their operating 
regulations or conversion procedures in effect at the time 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.  

12.  Annual  Membership  Fee.  The  Wealth  Management 
World Elite MasterCard Credit Card is subject to an Annual 
Membership Fee of $295. The Annual Membership Fee will 
be  assessed  in  the  first  billing  cycle  after  Account  opening 
and annually thereafter. A credit in the amount of the Annual 
Membership  Fee  (the  “AMF  Credit”)  for  the  first  year  will 
appear on your first billing statement. No later than the first 
business day of the last month of the quarter preceding the 
annual  anniversary  of  the  Account’s  opening  date  (Annual 
Fee Determination Date), the Bank will determine whether or 
not  to  apply  the  AMF  Credit  by  evaluating  your  month-end 
Eligible Qualified Balances for the prior 3 consecutive months 
selected by the Bank. The AMF Credit will be applied if you 
maintain month-end Eligible Qualified Balances of $250,000 
or more, as calculated by the Bank, in any one of the prior 3 
consecutive months used to evaluate eligibility.  If you do not 
qualify  for  the  AMF  Credit,  within  90  days  of  the  fee  being 

 
 
 
 
 
 
 
 
charged,  you can increase your Eligible Qualified Balances 
or close  your Account and request to have the AMF Credit 
applied retroactively.  

The  term  “Eligible  Qualified  Balances”  used  in  this 
Agreement  means  and  shall  include  (i)  deposits  and 
investments  maintained  with  the  Bank,  including  those 
maintained with the Bank’s Investment Management or Trust 
Services departments, and (ii) investment balances with the 
Bank’s affiliate, BancWest Investment Services, Inc. Eligible 
Qualified Balances may be owned by you directly, or held in 
any trust controlled by you as settlor and trustee. Deposits or 
investments held by business entities that are wholly-owned 
and controlled by you may also be included. Eligible Qualified 
Balances  do  not  include  any  account  prohibited  by  law  or 
which the inclusion of may result in a breach of any fiduciary 
duty,  law  or  regulation,  including  the  Employee  Retirement 
Income Security Act of 1974 (“ERISA”). 

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. 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. 

14.  Interest  Charges  for  Covered  Members  of  the 
Armed  Forces  and  Their  Dependents:  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%. This rate must 
include, as applicable to the credit transaction or account: the 
costs  associated  with  credit  insurance  premiums;  fees  for 
ancillary  products  sold 
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). 

in  connection  with 

If  you  are  a  covered  member  of  the  armed  forces  or  a 
dependent, you will not be charged annual fees, transaction 
fees, or penalty fees so that  your cost may  not exceed the 
Military  Lending  Act  annual  percentage  rate  cap.  Armed 
Forces members  and  their  dependents  can  hear  about  the 
protections provided to them by calling 1-866-761-2689 (TTY 
users call 1-800-659-5495). 

15.    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 
due on your Credit Card account, including but not limited to 
all loan amounts, late charges and other charges assessed 
but not paid, and all of the 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.  

At our option, we may also take action short of terminating 
your  Credit  Card  account.  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.  

16.  Automated Terminal Services 

a. Automated Terminals. You may use your Card in the 

following automated terminals: 

  (1) Any Bank of the West automated teller machines. 

BW-WECCAG (Rev. 07/2018) 

  (2) Any  other  automated 

is 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 

teller  machine 

that 

  (3) Any  point-of-sale  terminal  that  accepts  our  Card 

(“POS terminal”). 

b. Services Available at an Automated Terminal 
  (1) You may use your Card at a Bank of the West or 

any Network ATM to: 

(a) Get  a  Cash  Advance  from  your  Credit  Card 

account. 

(b) Get your Credit Card account balances. These 
balances may not include some transactions recently made 
in your Credit Card account. Some of the services described 
in  subparagraphs  (a)  and  (b)  may  not  be  available  at  all 
Network ATMs. 

(c) You  may  use  your  Card  at  a  POS  terminal  to 
purchase certain merchandise. The amount of your purchase 
will automatically be charged to your Credit Card account as 
a Purchase. 

c. Limits  of  Automated  Terminal  Services  -  Cash 
Advances. You may get a Cash Advance from a Bank of the 
West  Automated  Terminal  up  to  an  aggregate  amount  of 
$1,000  each  calendar  day,  provided  that  this  amount  does 
not  exceed  your  Credit  Limit. This  amount may  be  less  for 
Cash Advances from Network ATMs. 

d. Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible for all transactions in which you use your 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 code, which we will provide you, and 
the  magnetically  encoded  stripe  on  the  Card.  You  are 
responsible for keeping the Card safe and also for protecting 
the secret code. Use the Card and the secret code only as 
instructed at all times. Please notify us of any mechanical or 
operating failure in connection with the use of your Card. Do 
not permit anyone else to use your Card and do not disclose 
your secret code or record it on the Card. The Card remains 
the  property  of  the  Bank  and  can  be  revoked  and 
repossessed  at  any  time.  You  must  return  it  to  us  when 
asked. 

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. 

17.  Lost  or  Stolen  Card;  Your  Liability 

for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 
as a credit card. You will not be liable for unauthorized use of 
your Card as a credit card which occurs after you notify us at 
the  telephone  number  or  address  stated  in  paragraph  18 
orally  or  in  writing,  of  loss,  theft,  or  possible  unauthorized 
use. In any case,  your liability for unauthorized use of your 
Card as a credit card will not exceed $50.00. 

18.  Where to Call or Write. If you believe your Card has 
been  lost  or  stolen  or  that  someone  is  using  your  Card  or 
Credit  Card  account  without  your  permission,  call:  1-866-
218-4959 (for TTY all 1-800-659-5495) or  write to: Bank of 
the  West,  BankCard  Security  Department,  PO  Box  2078, 
Omaha, NE 68103-2078.  

19.  Our Business Days. Our business days are Monday 

through Friday, except for bank holidays. 

20.  Credit Investigation and Disclosure. You authorize 
us,  both  now  and  in  the  future,  to  check  your  credit  and 
employment  history  and  to  release  information  about  our 
credit  experience  with  you  in  response  to  legitimate  credit 
inquiries. If you believe that we have incorrect information or 
have  reported  inaccurate  information  about  you  to  a  credit 
bureau, please call us at 1-866-218-4959 (for TTY call 1-800-
659-5495). 

21.  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, such as 
a mortgage, may provide for such a security interest, unless 
you have given us a specific security interest in connection 
with this Agreement, which is described on the Supplement 
attached to this Agreement. 

 
 
 
 
 
 
 
 
   
   
   
22.  Collection.  You  promise  to  pay  all  collection  costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

23.  If  There  are  More  Than  One  of  You.  Each  of  you 
individually,  or  all  of  you  together,  will  be  liable  under  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. You understand 
that  any  one  of  you  can  make  Purchases,  get  Cash 
Advances,  or  perform  Balance  Transfers  under 
this 
Agreement which will be binding upon all of you. 

24.  No Waiver of Rights. If we choose to waive any of the 
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 constitute 
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. 

25.  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. 

26.  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 1-866-218-4959 (for TTY 
call 1-800-659-5495). If this Agreement is canceled by you or 
us,  your  obligation  is  to  repay  amounts  you  already  owe 
under  this  Agreement.   In  either  case,  the  account  will  be 
closed and you will no longer have access to the account. 

27.  Governing Law. This Agreement will be governed by 
the laws of the State of Nebraska, and, as applicable, federal 
law, regardless of where the transactions are made. 

28.  Monitoring/Recording  Telephone  Calls.  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. 

29.  Severability.    All  other  provisions  of  this  Agreement 
shall remain in full force even if one or more provisions of this 
Agreement are held invalid, illegal, void or unenforceable by 
any rule or law, administrative order or judicial decision. 

 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 
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  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.   

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 
.

•  Within 60 days after the error appeared on your 

• 

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:  

Bank of the West 

  BankCard Customer Service Department 
  PO Box 2319  

 Omaha, NE 68172-9793 

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: 

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.  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: 

BW-WECCAG (Rev. 07/2018) 

•  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 
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. 

let 

 
 
 
 
 
 
 
 
 
 
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. 
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. 

  After  we 

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. 

BW-WECCAG (Rev. 07/2018)