F03-L435-7-0815 
SFNB-450                 

CARD MEMBERSHIP RULES 
Amended March, 2016 

to  opt-out  of 

the  proposed  amendment 

   The  words  “I”,  “we”,  “me”,  “my”  and  “us”  will  mean  each  and  all 
persons  making  application  for  membership  in  the  credit  card 
system  operated  by  the  Bank  or  persons  named  as  members  on 
the  front  of  the  Card.    “Card”  means  Visa  Classic  or  Visa  Gold 
credit  card  owned  and  issued  by  the  Bank.    “Bank”  means 
Simmons Bank, Pine Bluff, Arkansas, U.S.A. 
Follow the Rules - 
    I  agree  to  accept  and  comply  with  these  membership  rules.  If  I 
fail  to  follow  the  membership  rules,  the  Bank  can  cancel  my 
membership and may demand immediate payment of all amounts I 
owe.  The  Bank  may  amend  the  rules  from  time  to  time.    If  the 
amendment is a significant change in account terms, I will be given 
an  opportunity 
in 
accordance with applicable law and regulations. In the event of an 
amendment  to  the  rules,  I  agree  to  accept  and  comply  with  the 
amended  rules,  unless  a  right  to  opt  out  is  granted  and  I  timely 
exercise  such  right  to  opt  out  of  the  proposed  amendment  to  the 
rules. 
Annual Fee –  
     None 
Verification of Identity, Age and Creditworthiness-  
     I agree that the Bank may, and acknowledge that the Bank will, 
request  information  from  me  and  from  third  parties  to  verify  my 
identity and the identity of any other persons authorized to use my 
Card.  Further, I agree that the Bank may obtain consumer reports 
about me to determine my identity, age, eligibility for credit, renewal 
of  credit  and  future  extensions  of  credit  for  as  long  as  this  Card 
membership  exists.  I  understand  and  acknowledge  that  if  I  am 
under the age of 21 certain additional conditions and terms may be 
applicable  to  my  card  account  as  required  by  applicable  law  and 
regulations. 
I  must  maintain  satisfactory 
creditworthiness  to  continue  this  Card  membership  and  any 
determination  by  the  Bank  of  unsatisfactory  credit  or  filing  of 
bankruptcy is grounds for termination of this Card membership.        
Card Usage - 
    I  understand  that  my  Card  can  be  used  at designated locations 
throughout  the  world  to  purchase  goods  and  services,  to  obtain 
cash advances and to transfer funds between accounts I designate.  
The Bank is not responsible for the refusal of anyone to honor  my 
Card.  Paper transactions or electronic transactions will not be final 
until they are received by the Bank.  Transactions are governed by 
the laws of Arkansas and the laws of the United States of America.  
From  time  to  time  the  operation  of  cards  issued  by  the  Bank may 
be  suspended  in  specified  foreign  countries  or  specific  regions 
thereof,  due  to  ongoing  fraudulent  activities  involving  credit  cards.  
Due  to  the  nature  of  such  fraudulent activities, the Bank is unable 
to provide advance notice or the duration of any such suspension.    
If I use my Card in a check guarantee system, I agree to allow the 
check to be handled as a credit card cash advance if the check is 
not  paid.  I  agree  not  to  use  my  Card  for  any  type  of  Internet 
gambling transaction.  Further, I agree not to use my Card for any 
unlawful transaction and acknowledge that the Bank may refuse to 
honor  any  transaction  determined  to  be  unlawful.    Restricted 

I  agree 

that 

involving 

through  my  Card  account.  

the  acceptance  of  any  credit, 

funds, 
transactions, 
instrument,  or  other  proceeds  from  another  person  in  connection 
with  unlawful 
from  being 
Internet  gambling,  are  prohibited 
processed 
I  acknowledge  my 
responsibility  to  pay  for  goods  and  services  obtained  through  the 
use of my Card, even if such good or services were obtained in an 
unlawful transaction.  
Responsibility for Card Use - 
    I understand that I am responsible for the use of all Cards issued 
for use with my membership.  I will not allow unauthorized persons 
to use my Card. 
Notification - 
    For my own protection and for the protection of the Bank, I agree 
to  promptly  notify  the  Bank  if  I  discover  my Card has been lost or 
stolen,  or  if  I  suspect  the  Card  has  been  used  without  my 
authorization. 
Card Ownership -  
    I understand as a member and Cardholder that I do not own my 
Card.    When  requested  to  do  so  I  will  surrender  my  Card  to  the 
Bank or to a person designated by the Bank.  I understand that any 
or all privileges to use my Card may be modified or canceled by the 
Bank at any time without notice to me. 
Promise to Pay -  
     I promise to pay to the order of Simmons Bank all transactions 
in which I have used Bank funds as a result of the use of my Card.  
If the funds involve cash advances or extended payment privileges, 
I  also  agree  to  pay  the  transaction  fees  and  finance  charge  as 
described below. 
     I must pay all bills or invoices, including the minimum payment 
shown  on  my  monthly  statement  on  time  (on  or  before  payment 
due date) and in U.S. Dollars.  The Bank does not waive its right to 
collect the full amount due if I pay late or I pay part of the bill, even 
if  I  write  the  words  “paid  in  full”  (or  similar  words)  on  any 
correspondence to the Bank. 
Available Credit Limit -  
    The Bank will supply a monthly statement listing the amount and 
location  of  all  transactions  posted  prior  to  the  closing  date  of  the 
statement.  I agree to limit my transactions so that my balance will 
stay  within  the  available  credit  limit  approved  for  me  by  the  Bank 
and  listed  on  the  statement.    The  Bank  may  refuse  to  honor 
transactions  that  would  cause  my  account  balance  to  exceed  my 
available  credit  limit.    My  available  credit  limit  will  be  restored  to 
reflect  a  payment  after  the  Bank  receives  final  payment  on  my 
check  or  other  payment  method.    The  Bank  may  increase  or 
decrease  my  available  credit  limit  or  my  available  cash  advance 
credit limit without notice.  The Bank will not increase my available 
credit  limit  without  considering  my  ability  to  make  the  required 
payments  on  my  Card  account.  The  credit  available  for  my  use 
may,  from  time to time, be less than my  available credit limit.  My 
available  credit  limit  will  not  be  increased  by  the  amount  of  any 
credit balance. 
    If I am under the age of 21, any increase in the credit limit on my 
Card account must be approved in writing and joint liability for such 
increase  assumed by all guarantors, co-signers or joint applicants 
who have assumed secondary or joint liability on my Card account.  
Billing –  
     If  there  is  a  debit  or  credit  balance  of  $1.00  or  more  on  my 
account,  the  Bank  will  mail  or  deliver  a  monthly  statement  to  me 

  Debit 

transactions 

transactions 

from  balance 

from  purchases  are  aggregated 

not less than 21 days prior to the payment due date specified in the 
statement.    I  am  responsible  for  maintaining  my  current  mailing 
address on file with the Bank. The Bank may consider me to have 
received  any  notice  mailed  to  me  at  the  current  address  on  the 
Bank's records. 
Billing Errors –  
     Transactions  listed  on  my  statement  will  be  presumed  correct 
unless I notify the Bank of an error in writing within 60 days of my 
statement mailing date.  (NOTICE:  The procedures for notifying us 
of  errors  on  your  monthly  statement  were  disclosed  upon  the 
opening  of  your  account  and  at  least  annually  thereafter.    The 
mailing  address  to  notify  us  of  a  billing  error  is  set  forth  on  your 
monthly statement.)  
Posting Transactions; New Balance - 
    Debit transactions from purchases, cash advances, convenience 
checks and balance transfers are posted the day they are received. 
into  my 
Debit 
Purchases  Balance.  Debit  transactions  from  cash  advances  and 
convenience  checks  are  aggregated  into  my  Disbursed  Cash 
Balance. 
transfers  are 
aggregated  into  my  Transferred  Balance.    Applicable  finance 
charges  will  be  added  to  and  included  in  my  Purchases  Balance, 
my  Disbursed  Cash  Balance  and  my  Transferred  Balance  on  the 
last day of the statement cycle.  My account balance is the sum of 
my  Purchases  Balance,  my  Disbursed  Cash  Balance  and  my 
Transferred  Balance,  which  at  the  end  of  each  statement  cycle  is 
shown as my "New Balance".  
Full Payment Option -  
    Each month I have the option of paying the “New Balance” in full 
within 25 days of the cycle closing date.  Payment in full (received 
within 25 days) avoids additional finance charges on the Purchases 
Balance  included  in  the  "New  Balance"  as  well  as  new  purchases 
(but  not  on  cash  advances  or  convenience  checks)  made  during 
the next statement cycle.  
Partial Payment Option -  
     Each  month  I  have  the  option  of  paying  part  of  my  account 
balance  as  long  as  my  payment  is  at  least  equal  to  the  minimum 
payment  shown  on  the  statement.    The  minimum  payment  will  be 
the  greater  of  (i)  1%  of  the  New  Balance  plus  all  finance  charges 
and  late  fees  assessed  during  the  billing  cycle  plus  any  past  due 
amounts, or (ii) $10.00.  I will pay the total New Balance if it is less 
than $10.00. 
     If  the  Bank  has  not  received  a  minimum  payment  by  payment 
due  date  (or  the  end  of  the  next  business  day  if  the  payment  due 
date  is  on  a  Saturday,  Sunday  or  bank  holiday),  I  will  pay  a  late 
charge  in  an  amount  equal  to  my  past  due  payment  or  $25.00, 
whichever is less. 
Crediting of Payments- 
       An  amount  equal  to  the  minimum  payment  from  the  initial 
payment  during  any  statement  cycle  will  be  applied  first  to  my 
Purchases Balance and then to my Disbursed Cash Balance.   All 
additional payments received during the same statement cycle will 
be applied to the balances based upon the applicable interest rate 
on that balance, starting with the balances with the highest interest 
rates.  Any  part  of  a  payment  complying  with  the  payment 
instructions on the periodic statement and received within 25 days 
of  the  cycle  closing  date  which  is  credited  to  my  Purchases 
Balance will be credited as of the beginning of the statement cycle 

 
 
 
 
 
 
 
agree  that  we  may  use  automatic  dialing  and  announcing  devices 
which  may  play  recorded  messages.  We  may  also  send  text 
messages  to  your  telephone.    You  may  contact  us  at  any  time  to 
ask  that  we  not  contact  you  using  any  one  or  more  methods  or 
technologies.    
Closing Account- 
    In  the  event  I  close  my  account,  I  agree  to  notify  the  Bank  in 
writing  and  return  my  Card(s)  cut  in  half.    If  I  close  my  account,  I 
remain  responsible  to  pay all amounts I owe to Bank according to 
the terms of these card membership rules.  If my account is a joint 
account,  either  cardholders  may  cancel  the  account,  but  we  will 
both remain responsible for any amount owed to the bank. 
Amendments –  
     These rules (including, but not limited to rates and fees) may be 
amended  by  Bank  from  time  to  time.    I  will  be  notified  of  any 
amendment to the rules not later than the date of my next monthly 
statement,  unless  sooner  required  by  applicable  law  or  regulation.  
In  addition,  if  the  amendment  is  a  significant  change  in  account 
terms,  I  will  be  given  an  opportunity  to  opt-out  of  the  proposed 
amendment in accordance with applicable law and regulations.  
      If the Bank amends the interest rate specified in the rules while 
my account has a promotional interest rate, the amendment will not 
affect my account until my promotional interest rate expires. 

in  which  received.  Any  part  of  a  payment  that  is  credited  to  my 
Disbursed  Cash  Balance,  my  Transferred  Balance  or  all  of  any 
Payment  which  is  received  more  than  25  days  after  the  cycle 
closing  date  will  be  credited  as  of  the  day  received,  if  received 
before 5 p.m. CT by the Bank, otherwise on the next banking day, 
provided that any payment paid in person at a branch of the Bank 
shall  be  credited  not  later  than  the  day  received.  Payments 
received  and  accepted  by  the  Bank  which  do  not  comply  with  the 
payment  instructions  on  the  periodic  statement  may  result  in  a 
delay in crediting the payment to my account.   
Electronic Transfer Authority- 
     Anytime I send the Bank a check for payment on my account, I 
authorize  the  Bank  to  make  a  one-time  electronic  transfer  debit 
from my bank account for the amount of the check. 
Finance Charge -  
     Finance Charge on cash advances and convenience checks will 
accrue  from  the  date  of  the  transaction  and  continue  until  the 
Disbursed Cash Balance is paid in full.  Finance Charge on balance 
transfers  will  accrue  from  the  date of the transaction and continue 
until  the  Transferred  Balance  is  paid  in  full.    Finance  charge  on 
purchases will accrue from the date of the transaction if there was a 
"New  Balance"  at  the  start  of  the  current  statement  cycle,  or  from 
the  first  day  of  the  statement  cycle  next  following  the  date  of  the 
transaction  if  there  was  not  a  "New  Balance"  at  the  start  of  the 
current statement cycle.  
     Date  of  transaction  will  be  the  latter  of  the  transaction  date  or 
the  first  date  of  the  statement  cycle  in  which  the  transaction  is 
posted. 
     A  Finance  Charge  will  not  be  imposed  on  (i)  the  Purchases 
Balance included within the "New Balance", if payment in full of the 
“New  Balance”  is  received  within  25  days  of  the  prior  statement 
cycle closing date or (ii) that part of the Purchases Balance equal to 
the  amount  of  any  payment  received  within  25  days  of  the  prior 
statement  cycle  closing  date  and  credited  to  the  Purchases 
Balance in accordance with these rules.  
Interest Rates –  
     Finance charge  on the Purchases Balance and the Transferred 
Balance  where  applicable  is  computed  by  applying  to  my  average 
daily  balance  for  the  Purchases  Balance  and  the  Transferred 
Balance,  including  unpaid  finance  charges  (as  indicated  on  my 
monthly  statement)  a  daily  periodic  rate  equal  to  the  Prime  Rate 
plus  7.00%  divided  by  the  number  of  days  in  the  year.  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.  If  The  Wall  Street  Journal 
ceases publication or to publish the Prime Rate as now shown in its 
Money Rates column, the Bank may use the prevalent prime rate in 
the  United  States  as  published  in  any  other  newspaper  of  general 
circulation, or the Bank may substitute a similar reference rate at its 
sole discretion. The finance charge for the Disbursed Cash Balance 
is  computed  by  applying  to  my  average  daily  Disbursed  Cash 
Balance  including  unpaid  finance  charges  (as  indicated  on  the 
monthly  statement)  a  daily  periodic  rate  equal  to  the  Prime  Rate 
plus  11.00%  divided  by  the  number  of  days  in  the  year.  If  a 
transaction  fee  is  applied,  the  annual  percentage  rate  (APR)  may 
be  higher  than  the  periodic  rate  disclosed  above.  The  maximum 
interest  rate  applicable  to  my  Card  is  governed  by  the  laws  of the 
United States of America and the State of Arkansas. 

Other Charges and Collection Fees -  
     Transaction  fees  for  cash  advances  (including  advances  in 
foreign  currencies)  and  convenience  checks  will  be  3%  of  the 
amount  of  the  cash  advance  or  check  amount  (but  not  less  than 
$4.00  nor  more  than  $50.00).    If  I  request  a  photocopy  or  the 
original ticket of an item appearing on my monthly statement, I will 
pay the Bank the fee assessed to them by Visa U.S.A., Inc. for this 
service.  I agree to reimburse the Bank any and all amounts which 
it pays to any owner/operator of an automated teller machine (ATM) 
or  any  national,  regional  or  local  ATM  network  used  to  complete 
any transaction for my use of my Card at an ATM not located at an 
office or branch of the Bank. I will pay a $12.00 service charge per 
payment,  if  I  utilize  a  service  representative  of  the  Bank  to  obtain 
expedited service for any payment.  If I request express delivery of 
my  Card(s)  I  will  pay  an  express  delivery  fee  equal  to  the  actual 
costs  incurred  by  the  Bank  in  making  the  express  delivery.    If  I 
make my payment with a check or other negotiable instrument and 
it is returned to the Bank unpaid, I will pay a Return Check Charge 
of up to $25.00.  I will not be charged two or more penalty fees for a 
single event or transaction.  If more than one fee may be applicable 
due  to  a  single  event  or  transaction,  the  Bank  may  impose  the 
highest permissible fee.  If my account is placed with an attorney or 
another  agency  for  collection,  I  will  also  pay  attorney  fees,  court 
costs, witness costs (including transportation and lodging) and any 
other fees as allowed by law. 
Foreign Currency Transaction Fee -  
     If  I  make  any  purchases  in  foreign currencies, the Bank and/or 
Visa  U.S.A.  will  convert  the  foreign  currencies  into  U.S.  Dollars.  
Visa  will  use  their  applicable  currency  conversion  procedures.  
Currently, the conversion procedures utilize a rate selected by Visa 
from the range of rates available in wholesale currency markets for 
the  applicable  central  processing  date,  which  rate  may  vary  from 
the  rate  Visa  itself  receives,  or  the  government  mandated  rate  in 
effect  for  the  applicable  central  processing  date, in each instance, 
plus or minus any adjustment determined by the Bank.  I agree to 
pay the Bank the sum in U.S. Dollars as converted by Visa, plus an 
additional  2%  of  the  converted  amount  attributable  to  purchases 
(but not cash advances).  The currency conversion rate used on the 
conversion date may differ from the rate in effect on the date I used 
my Card.       
Telephone Monitoring and Recording-   
     From  time  to  time,  we  may  monitor  and/or  record  telephone 
calls  regarding  your  Account  with  us  to  assure  the  quality  of  our 
service,  and  you  agree  to  any  such  monitoring  or  recording.  We 
treat all customer calls as confidential.  
Communicating  With  You,  Consent  To  Contact  By  Electronic 
and Other Means-   
     You  agree  that  we  may  contact  you  as  provided  in  this 
paragraph.  We may contact you for any lawful reason, including for 
the  collection  of  amounts  owed  to  us  and  for  the  offering  of 
products or services in compliance with our Privacy Notice in effect 
from time to time. No such contact will be deemed unsolicited. We 
may  contact  you  at  any  address  or  telephone  number  (including 
wireless  cellular  telephone  or  ported  landline  telephone  number) 
that  you  may  provide  to  us  from  time  to  time.    We  may  use  any 
means of communication, including, but not limited to, postal mail, 
electronic  mail,  telephone  or  other  technology,  to  reach  you.    You