FLORIDA CREDIT UNION

VISA PLATINUM FRESH START
CREDIT CARD AGREEMENT
May 1, 2012

In this Agreement, the singular includes the plural; “Agreement” 
means  the  terms,  conditions  and  disclosures  herein;  “Card” 
means  the  VISA  credit  card  and  any  duplicates,  renewals  or 
substitutions thereof; “you” and “your” means each person or 
entity whose name is embossed on the face of the Card, each 
person or entity who signs, uses or authorizes use of the Card, 
and each person who signed the Application for the Card; “Ac-
count” means your credit card line of credit account with Credit 
Union; and “Credit Union” means Florida Credit Union or any-
one to whom Credit Union assigns or transfers this Agreement.  
By signing, using and/or authorizing the use of the Card, you 
agree to the following terms, conditions and disclosures:

1. Using Your Account. If you are approved for an Account, 
Credit Union will establish a line of credit for you and notify you 
of your credit limit. You agree that your credit limit is the maxi-
mum  amount  (purchases,  cash  advances,  finance  charges, 
plus “other charges”) that you will have outstanding on your Ac-
count at any time. If you are over your credit limit, you must pay 
the amount you are over before payments will begin to restore 
your credit limit. You may request an increase in your credit limit 
only by a method acceptable to Credit Union. Credit Union has 
the right to reduce your credit limit, refuse to make an advance 
and/or terminate your Account at any time for any reason not 
prohibited by law.

2.  Using  Your  Card.  You  may  use  your  Card  to  make  pur-
chases  from  merchants  and  others  who  accept  VISA  Cards. 
However,  you  may  not  use  your  Card  to  initiate  any  type  of 
electronic gambling transaction through the Internet. Your Card 
may not be used for any illegal transaction(s). If you wish to pay 
for goods or services over the Internet, you may be required to 
provide  card  member  security  information  before  you  will  be 
permitted to complete the transaction. In addition, you may ob-
tain cash advances from Credit Union and from other financial 
institutions that accept VISA Cards, and from some automated 
teller machines (ATMs). (Not all ATMs accept VISA Cards.) To 
obtain cash advances from an ATM, you must use the Personal 
Identification  Number  (PIN)  that  is  issued  to  you  for  use  with 
your Card.  You will hold in strict confidence the Account num-
ber and any PIN to be used with the Card. You will notify Credit 
Union immediately of the loss or theft of the Card or PIN. 

3.  Responsibility.  You  agree  to  pay  all  charges  (purchases, 
balance  transfers  and  cash  advances)  to  your  Account  made 
by  you  or  anyone  authorized  by  you  to  use  your  Account  or 
Card, whether or not you notify Credit Union that they will be 
using your Account or Card. You also agree to pay all finance 
charges  and  other  charges  added  to  your  Account  under  the 
terms of this Agreement or another agreement you made with 
Credit  Union.    Delivering  the  Card  to  another  person  consti-
tutes authorization of that person to use the Card.  If you want 
to  cancel  the  authorized  or  permitted  use  of  your  Account  or 
Card by another person, you must let Credit Union know in writ-
ing, and if that person has a Card, you must return that Card 
cut  in  half  with  your  written  notice.  Each  of  you  is  jointly  and 

M-106388      

    
individually responsible for paying all amounts owed under this 
Agreement.  Credit Union can require any one of you individu-
ally  to  repay  the  entire  amount  owed  under  this  Agreement.  
Each of you authorizes the other(s) to make purchases or cash 
advances individually.

4. Finance Charges.

A finance charge is the cost you pay for credit.  We will charge 
Interest Charges and Fees to your account as described to you 
in your statements and other Truth in Lending Disclosures. The 
following describes how the finance charge will be calculated 
on the Account.

You  have  a  25-day  grace  (no  finance  charge)  period  on  your 
purchase balance and for new purchases if you paid the entire 
New Balance on your last statement by the end of the grace pe-
riod.  You also have a 25-day grace period for new purchases if 
you did not have a balance on your last statement.  The grace 
period  starts  on  the  billing  cycle  closing  date.    If  you  do  not 
pay the entire New Balance by the end of the grace period, a 
finance charge will be imposed on the unpaid balance from the 
first  day  of  the  next  billing  cycle  and  on  new  purchases  from 
the date they are posted to your Account.  There is no grace 
period  for  cash  advances.  A  finance  charge  will  be  imposed 
on cash advances from the date the cash advance is posted to 
your Account. Balance transfers as permitted by Credit Union 
from time to time in Credit Union’s sole discretion will be treated 
as cash advances for the purpose of all finance charges and 
finance charge calculations.

Finance  charges  on  your  Account  are  calculated  by  applying 
the applicable Monthly Periodic Rate to the average daily bal-
ances  for  purchases  and  cash  advances.    Separate  average 
daily balances are calculated for purchases and cash advanc-
es.  To get each average daily balance, the daily balances for 
purchases and cash advances for the billing cycle are added 
and the totals are divided by the number of days in the cycle.  
To get the daily balance for cash advances, new cash advanc-
es are added to the day’s beginning balance and payments and 
credits are subtracted.  To get the daily balance for purchases, 
new purchases are added to the day’s beginning balance and 
payments and credits are subtracted; however, new purchases 
are not added if you paid the entire New Balance on your last 
statement by the end of the grace period or if you did not have 
a  balance  on  your  last  statement.    Fees  and  unpaid  finance 
charges are not included in the calculation of the average daily 
balance.  Finance charges will continue to accrue on your Ac-
count until what you owe under this Agreement is paid in full.

Credit  Union  may  offer  balance  transfer,  introductory  rate,  or 
other  special  rate  promotions  for  your  Account  from  time  to 
time in Credit Union’s sole discretion.  The applicable Monthly 
Periodic  Rate  and  ANNUAL  PERCENTAGE  RATE  for  any 
promotion and any promotion terms and conditions will be dis-
closed to before or at the time you make use of such promotion.

5. Other Charges. The following other charges (fees) will be 
added to your Account, as applicable:

a. Over-the-Credit-Limit Fee: In the event you incur charges 
in  amounts  which  shall  cause  the  Account  indebtedness, 
  and if you agree, you shall pay immediately the amount by 
  which the total New Balance exceeds such maximum autho- 

rized credit, and an over limit fee shall be imposed.

 
 
b. Late Payment Fee: If a payment of at least the amount of 
the  minimum  required  payment  is  not  received  within  five 
(5) days of the Due Date, a late charge shall be imposed.
c. Return Check /Return Pre-Authorized Payments Fee:  
  We  may  charge  you  this  fee  each  time  any  payment  you  
  make  to  us  is  not  paid  by  your  financial  institution  for  any  

reason, even if that institution later pays it.

d. Card Replacement Fee: In the event any additional or re- 
  placement  cards  are  issued  for  any  reason  other  than  the 

issuance of a renewal card, a fee may be imposed.

e.  Collection  Costs:  You  agree  to  pay  all  costs  incurred  by 
  Credit Union in collecting your indebtedness or in enforcing 
this Agreement, including attorneys’ fees and costs, as well 
   as  those  costs,  expenses  and  attorneys’  fees  incurred  in 
   appellate,  bankruptcy,  and  post-judgment  proceedings,  
  except  to  the  extent  such  costs,  fees,  or  expenses  are  
  prohibited by law.
f.  Balance  Consolidation/Convenience  Check  Stop  Pay 
  ment  Fee:    We  may  charge  you  this  fee  if  we  do  not  pay  
  a  convenience  check  for  any  reason,  including  when  your 
   account is in default, overlimit, suspended or closed.

6. Payments. Each month you must pay at least the minimum 
payment shown on your statement by the date specified on the 
statement or no later than twenty-five (25) days from the state-
ment  closing  date,  whichever  is  later.  If  your  statement  says 
the payment is “Now Due,” your payment is due no later than 
twenty-five (25) days from the statement closing date. You may 
pay more frequently, pay more than the minimum payment or 
pay the Total New Balance in full. If you make extra or larger 
payments, you are still required to make at least the minimum 
payment each month your Account has a balance (other than a 
credit balance). The minimum payment is 2% of your Total New 
Balance,  or  $20.00,  whichever  is  greater,  plus  the  amount  of 
any prior minimum payments that you have not made, and any 
amount you are over your credit limit. Credit Union also has the 
right  to  demand  immediate  payment  of  any  amount  by  which 
you are over your credit limit. All payments are to be made by 
check, money order, or electronic payment drawn in US dollars 
and  payable  through  a  US  financial  institution.  All  payments 
are to be made at the location specified on your monthly billing 
statement. Payments received at locations other than the ad-
dress specified or payments that do not conform to the require-
ments  set  forth  on  or  with  the  periodic  statement  (e.g.  miss-
ing  payment  stub,  payment  envelope  other  than  as  provided 
with your statement, multiple checks or multiple coupons in the 
same  envelope)  may  be  subject  to  delay  in  crediting.    Credit 
Union may accept late payments, partial payments, or checks 
and  money  orders  marked  “payment  in  full”  and  by  doing  so, 
Credit  Union  will  not  lose  any  rights  under  this  Agreement  if 
such irregular payments are accepted.

7.  Payment  Allocation.  Subject  to  applicable  law,  your  pay-
ments  may  be  applied  to  what  you  owe  Credit  Union  in  any 
manner Credit Union chooses.

8. Security Interest.  AS A CONDITION OF CREDIT UNION’S 
OPENING YOUR ACCOUNT AND YOUR USE OF THE CARD, 
YOU HEREBY GRANT TO CREDIT UNION A SECURITY IN-
TEREST IN ALL SHARES, DEPOSITS AND OTHER FUNDS 
ON DEPOSIT WITH CREDIT UNION IN WHICH YOU HAVE 
AN OWNERSHIP INTEREST (other than an IRA account or 
an  account  where  this  security  interest  would  cause  the 
loss of tax-exempt or tax-deferred status).  THE SECURI-

 
 
 
  
 
TY  INTEREST  IS  FOR  ALL  AMOUNTS  OWED  TO  CREDIT 
UNION UNDER THE TERMS OF THIS AGREEMENT.  IF YOU 
ARE  IN  DEFAULT  UNDER  ANY  TERM  OF  THIS  AGREE-
MENT, CREDIT UNION SHALL HAVE A RIGHT TO IMMEDI-
ATELY SEIZE YOUR SHARES, DEPOSITS AND/OR OTHER 
FUNDS WITHOUT NOTICE OR DEMAND TO YOU AND TO 
APPLY  SUCH  FUNDS  TO  THE  AMOUNTS  OWED  TO  ACF.  
Collateral  securing  other  loans  you  have  with  Credit  Union 
now  or  in  the  future  will  also  secure  this  loan,  except  that  a 
dwelling  or  your  household  goods  (as  defined  by  the  Federal 
Trade Commission) will not be considered as security for this 
Account, notwithstanding anything to the contrary in any other 
agreement.  

9. Default. You will be in default if you fail to make any minimum 
payment or other required payment by the date that it is due. 
You will be in default if you break any promise you make under 
this Agreement or any other agreement with Credit Union. You 
will be in default if you die, file for bankruptcy or become insol-
vent, that is, unable to pay your obligations when they become 
due. You will be in default if you make any false or misleading 
statements in any credit application or credit update. You will 
also be in default if something happens that Credit Union be-
lieves may substantially reduce your ability to repay what you 
owe.    When  you  are  in  default,  Credit  Union  has  the  right  to 
demand immediate payment of your full Account balance with-
out giving you notice. If immediate payment is demanded, you 
agree to continue paying finance charges as described in this 
Agreement until what you owe has been paid, and any shares, 
deposits and other funds on deposit with Credit Union that were 
given as security for your Account may be applied towards what 
you  owe.  You  hereby  agree  that  your  salary  or  earnings  may 
be subject to attachment or garnishment to the extent allowed 
under applicable law. You further waive, to the extent allowed 
under applicable law, any exemption you might have from at-
tachment or garnishment of your salary or earnings.

10.  Liability  for  Unauthorized  Use-Lost/Stolen  Card  Noti-
fication.  You  agree  to  notify  Credit  Union  immediately,  orally 
or in writing at Florida Credit Union, P.O. Box 5549, Gaines-
ville, FL 32627 or telephone (800) 449-7728 twenty four (24) 
hours a day, seven (7) days a week, of the loss, theft, or un-
authorized use of your Credit Card. You may be liable for the 
unauthorized use of your Credit Card. You will not be liable for 
unauthorized  use  that  occurs  after  you  notify  Credit  Union  of 
the loss, theft, or possible unauthorized use. You will have no 
liability for unauthorized purchases made with your credit card, 
unless you are grossly negligent in the handling of your card. In 
any case, your liability will not exceed $50.

Notwithstanding the above, if 10 or more Cards are issued for 
use by employees of a single business, there is no limit to the 
liability of the business for unauthorized use that occurs before 
you notify Credit Union of the loss, theft, or possible unauthor-
ized use as provided in this Agreement.  The business may only 
impose liability on its employees for unauthorized use of a Card 
as authorized by federal law and regulation.  

Credit Union will not be liable to any of your or any third party 
for any consequential or incidental damages resulting from the 
unauthorized use of the Card and/or PIN.

11.  Changing  or  Terminating  Your  Account.  Credit  Union 
may change the terms of this Agreement from time to time in 
Credit  Union’s  sole  discretion.  Credit  Union  may  reduce  your 

credit limit, refuse to make an advance and/or terminate your 
Account at any time for any reason not prohibited by law. No-
tice of any change will be given in accordance with applicable 
law. If permitted by law and specified in the notice to you, the 
change will apply to your existing Account balance as well as 
to future transactions. Either you or Credit Union may terminate 
this  Agreement  at  any  time,  but  termination  by  you  or  Credit 
Union  will  not  affect  your  obligation  to  pay  the  Account  bal-
ance  plus  any  finance  and  other  charges  you  owe  under  this 
Agreement. You are also responsible for all transactions made 
to your Account after termination, unless the transactions were 
unauthorized. Your notice of termination will be ineffective un-
til  Credit  Union  receives  the  notice  and  all  Cards  and  has  a 
reasonable opportunity to act upon it. The Card or Cards you 
receive remain the property of Credit Union and you must re-
cover and surrender to Credit Union all Cards upon request or 
upon  termination  of  this  Agreement  whether  by  you  or  Credit 
Union. Credit Union has the right to require you to pay your full 
Account balance at any time after your Account is terminated, 
whether it is terminated by you or Credit Union.

12. Credit Information. You authorize Credit Union to inves-
tigate  your  credit  standing  when  opening  or  reviewing  your 
Account.  You  authorize  Credit  Union  to  disclose  information 
regarding  your  Account  to  credit  bureaus  and  creditors  who 
inquire  about  your  credit  standing.  If  your  Account  is  eligible 
for emergency cash and/or emergency card replacement ser-
vices,  and  you  request  such  services,  you  agree  that  Credit 
Union  may  provide  personal  information  about  you  and  your 
account  that  is  necessary  to  provide  you  with  the  requested 
service(s). You are hereby notified that a negative credit report 
reflecting  on  your  credit  record  may  be  submitted  to  a  credit 
reporting agency if you fail to fulfill the terms of this Agreement. 

13.  Returns  and  Adjustments.  Merchants  and  others  who 
honor  your  Card  may  give  credit  for  returns  or  adjustments, 
and they will do so by sending Credit Union a credit slip which 
will  be  posted  to  your  Account.  If  your  credits  and  payments 
exceed what you owe Credit Union, the amount will be applied 
against future purchases and cash advances. If the credit bal-
ance amount is $1 or more, it will be refunded upon your written 
request or automatically after six (6) months.

14.  Additional  Benefits/Card  Enhancements.  Credit  Union 
may from time to time offer additional services to your Account, 
such as travel accident insurance, at no additional cost to you. 
You understand that Credit Union is not obligated to offer such 
services and may withdraw or change them at any time.

15.  Foreign  Transactions.  Transactions  initiated  in  foreign 
countries  and/or  foreign  currencies  will  be  charged  to  your 
Account in U.S. Dollars. The conversion rate to dollars will be 
(a) a rate selected by Visa from the range of rates available in 
wholesale currency markets for the applicable central process-
ing date, which rate may vary from the rate Visa itself receives, 
or (b) the government-mandated rate in effect for the applicable 
central processing date, in each of the above instances, plus or 
minus any adjustment determined by Credit Union.

16. Merchant Disputes. Credit Union is not responsible for the 
refusal  of  any  merchant  or  financial  institution  to  honor  your 
Card.

17. Joint and Individual Liability. Each of you is individually 
and jointly responsible for paying all amounts owed under this 

Agreement. This means that Credit Union can require any one 
of you individually to repay the entire amount owed under this 
Agreement.  Each  of  you  authorizes  any  of  you  to  make  pur-
chases, balance transfers or cash advances individually.

18.  Effect  of  Agreement.  This  Agreement  is  the  contract 
which applies to all transactions on your Account even though 
the sales, cash advances, credit or other slips you sign or re-
ceive may contain different terms.

20. Severability.  In the event that any paragraph of this Agree-
ment or portion thereof is held by a court to be invalid or unen-
forceable for any reason, the other paragraphs and portions of 
the  Agreement  shall  not  be  invalid  or  unenforceable  and  will 
continue in full force and effect.

21.  No  Waiver.  Credit  Union  can  delay  enforcing  any  of  its 
rights any number of times without losing them. To be effective, 
any  waiver  of  any  term  or  condition  stated  in  this  Agreement 
must  be  in  writing  and  signed  by  an  authorized  officer  of  the 
Credit  Union  and  shall  not  be  considered  as  a  waiver  of  any 
future or other obligation or right.

22. Statements and Notices. Statements and notices will be 
mailed to you at the most recent address you have given Credit 
Union. Statements and notices sent to any one of you will be 
considered notice to all. Any notice from you will be ineffective 
until  Credit Union receives and has a reasonable opportunity 
to act upon the notice. You must notify Credit Union in writing 
immediately if you change your address.  You agree to exam-
ine  periodic  statements  and  to  report  any  errors  or  problems 
to Credit Union within a reasonable time.  You agree that the 
time to examine the statement and report to Credit Union will 
depend on the circumstances, but will not, in any circumstance, 
exceed a total of 60 days from when the statement containing 
the error or problem was first mailed or made available to you.  
If you do not report within 60 days, Credit Union will be entitled 
to treat such information as correct and any and all of you will 
be precluded from asserting otherwise.  

23. Binding Nature and Assignment.  Credit Union can as-
sign or transfer your Account or any portion without notice to 
you or your consent.  You may not assign your Account or any 
portion  thereof  without  Credit  Union’s  written  consent,  which 
may be withheld in Credit Union’s sole discretion. This Agree-
ment shall be binding on each of you and your heirs, legal rep-
resentatives, successors and permitted assigns

24. VISA Rules.  You agree to abide by all applicable rules and 
regulations of the VISA USA, Inc. as well as all applicable laws. 
If there is any conflict between the provisions of this Agreement 
and the rules and regulations of VISA USA, Inc., the rules and 
regulations of VISA USA, Inc. shall control.

25. Governing Law.  This Agreement is governed by the By-
laws of Credit Union, federal laws and regulations, and the laws 
and regulations of the State of Florida, as amended from time 
to time.

26. Jurisdiction, Venue and Attorneys’ Fees.  Any disputes 
regarding this Agreement shall be within the jurisdiction of the 
court of the county in which Credit Union’s principal place of do-
ing business is located.  If legal action is necessary to enforce 
this Agreement or collect any amounts owing to Credit Union or 
fees  or  charges  assessed  under  this  Agreement,  the  prevail-

ing  party  has  the  right,  subject  to  applicable  law,  to  payment 
by the other party of all reasonable attorney’s fees and costs, 
including  fees  on  any  appeal  and  any  post-judgment  actions.  
You agree that such legal action shall be filed and heard in the 
county and state in which Credit Union’s principal place of do-
ing business is located, except as prohibited by applicable law.

27. Final Expression. This Agreement is the final expression 
of the terms and conditions of this VISA line of credit between 
you and Credit Union. This written Agreement may not be con-
tradicted by evidence of any alleged oral agreement.

28. Copy Received. You acknowledge that you have received 
a copy of this Agreement. 

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.

Notify Us In Case of Errors or Questions About Your Bill

If you think your bill is wrong, or if you need more information 
about a transaction on your bill, write us on a separate sheet at 
the address listed on your bill.  Write to us as soon as possible.  
We must hear from you no later than 60 days after we sent you 
the first bill on which the error or problem appeared.  You can 
telephone us, but doing so will not preserve your rights.  

In your letter, give us the following information:

  * 

  * 

Your name and account number.

The dollar amount of the suspected error.

  * 
Describe the error and explain, if you can, why you 
believe  there  is  an  error.    If  you  need  more  information,  de-
scribe the item you are not sure about.
If you have authorized us to pay your credit card bill automati-
cally from your share, deposit, share draft or checking account, 
you can stop the payment on any amount you think is wrong.  
To stop the payment, your letter must reach us three business 
days before the automatic payment is scheduled to occur.

Your  Rights  and  Our  Responsibilities  After  We  Receive  Your 
Written Notice

We  must  acknowledge  your  letter  within  30  days,  unless  we 
have  corrected  the  error  by  then.    Within  90  days,  we  must 
either correct the error or explain why we believe the bill was 
correct.

After we receive your letter, we cannot try to collect any amount 
you question, or report you as delinquent.  We can continue to 
bill you for the amount you question, including finances charg-
es,  and  we  can  apply  any  unpaid  amount  against  your  credit 
limit.  You do not have to pay any questioned amount while we 
are investigating, but you are still obligated to pay the parts of 
your bill that are not in question.

If we find that we made a mistake on your bill, you will not have 
to pay any finance charges related to any questioned amount.  
If we didn’t make a mistake, you may have to pay finance charg-
es, and you will have to make up any missed payments on the 

questioned amount.  In either case, we will send you a state-
ment of the amount you owe and the date that it is due.

If  you  fail  to  pay  the  amount  that  we  think  you  owe,  we  may 
report you as delinquent.  However, if our explanation does not 
satisfy you and you write to us within 10 days telling us that you 
still  refuse  to  pay,  we  must  tell  anyone  we  report  you  to  that 
you have a question about your bill.  And, we must tell you the 
name of anyone we reported you to.  We must tell anyone we 
report you to that the matter has been settled between us when 
it finally is.

If we don’t follow these rules, we can’t collect the first $50 of the 
questioned amount, even if your bill was correct.

Special Rule for Credit Card Purchases

If you have a problem with the quality of property or services 
that you purchased with your 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 property 
or services.  There are two limitations on this right:

(a)  You must have made the purchase in your home state or, 
      if not within your home state, within 100 miles of your cur- 
       rent mailing address and

(b)  The purchase price must have been more than $50.

These  limitations  do  not  apply  if  we  own  or  operate  the  mer-
chant, or if we mailed you the advertisement for the property 
or services.

VISA® Platinum Fresh Start

Interest Rates and Interest Charges        Effective May 1, 2012
Florida Credit 
Union Disclosure 
Information
Annual Percent-
age Rate (APR) for 
Purchases
APRs for Balance 
Transfers

17.90% when you open your account, 
based on your creditworthiness.
17.90% when you open your account, 
based on your creditworthiness.

APRs for Cash 
Advances

17.90%

Penalty APR and 
When it Applies

None

How to Avoid 
Paying Interest on 
Purchases 

Minimum Interest 
Charge

For Credit Card Tips 
from the Consumer 
Financial Protection 
Bureau

Your due date is at least 25 days after the close of 
each billing cycle. We will not charge you interest on 
purchases if you pay your entire balance by the due 
date each month.
If you are charged interest, the charge will be no less 
than $1.50.

To learn more about the factors to consider 
when applying for or using a credit 
card, visit the website of the Consumer 
Financial Protection Bureau at http://www.
consumerﬁ nance.gov/learnmore.

How We Will Calculate Your Balance: We use a method called 
“average daily balance (including new purchases).” See your 
account agreement for more details.
Billing Rights: Information on your rights to dispute transactions 
and how to exercise those rights is provided in your account 
agreement.

Fees
Annual Fee
Transaction Fees
      Balance Transfer
     Cash Advance
     Foreign  
      Transaction
Penalty Fees
    Late Payment
   Over-the-credit  
   Limit
   Returned Payment  

Other Fees

Card Replacement 
Fee
Rush Mail Fee
Balance 
Consolidation/
Convenience 
Check Stop 
Payment Fee

$100

None
None
1% of each transaction in U.S. dollars

Up to $35
Up to  $35
Up to $35

$25

$15 (Priority Handling)
$35