Account Opening Disclosure – Private Banking Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

0.00% Introductory APR for the first six billing cycles.    

APR for Balance Transfers 

    After that, your APR will be 7.15%.  This APR will vary with the market based on 
    the Prime Rate.  
7.15%  

APR for Cash Advances 

    This APR will vary with the market based on the Prime Rate. 
24.99%  

Penalty APR and When it 
Applies 

    This APR will vary with the market based on the Prime Rate. 
29.99% 

    This APR may be applied to your account if your payment is more than 60 days past 
    the Payment Due Date. 

    How Long Will the Penalty APR Apply?  The Penalty APR will apply until you  
    make six consecutive minimum payments beginning with the payment following the  
    commencement of the Penalty APR.  

    This APR will vary with the market based on the Prime Rate. 
Your due date is at least 25 days after the close of each billing cycle.  We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month.  We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, visit 
the website of the Federal Reserve Board at http://www.federalreserve.gov/creditcard.  

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from the 
Federal Reserve Board 

Fees 
Annual Fee 
Transaction Fees 

None 

  Balance Transfer  

Either $5 or 3% of the amount of each transfer, whichever is greater. 

  Cash Advance  

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

  Foreign Transaction  

1% of the U.S. Dollar amount of each such transaction.  

Penalty Fees 

  Late Payment  

Up to $35 (Varies by State.  See next page for details.). 

  Over-the-Credit Limit  

Up to $35 (Varies by State.  See next page for details.). 

  Returned Payment  

Up to $35 (Varies by State.  See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).”  
See your Credit Card Agreement for more details. 

Loss of Introductory APR:  We may end your introductory APR and apply the Penalty APR if your payment is more than 60 
days past the Payment Due Date. 

Billing Rights:  Information on your rights to dispute transactions and how to exercise your rights is provided in your Credit 
Card Agreement. 

Late Payment fee for Iowa residents is $20.  For other states the fee is $25 for the first violation and $35 for each subsequent 
violation within the next six billing cycles.  If the Late Payment fee is greater than the Minimum Payment Due, the fee will be 
equal to the Minimum Payment Due. 

Over-the-credit-limit fee for Iowa is $15.  For other states the fee is $25 for the first violation and $35 for each subsequent 
violation within the next six billing cycles. If the Over-the-credit-limit fee is greater than the amount over the credit limit, the 
fee will be equal to the amount by which you exceed the credit limit. 

Returned Payment fee for Iowa is $19.95.  For other states the fee is $25 for the first violation and $35 for each subsequent 
violation within the next six billing cycles.  If Returned Payment fee is greater than the Minimum Payment Due, the fee will be 
equal to the Minimum Payment Due. 

BW-PBCCAG (REV.  09/11) (FRONT) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
financial 

from  us  or  any  other 

By  requesting  or  accepting  any  Private  Banking  Platinum 
MasterCard  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  Private  Banking  Platinum  MasterCard 
card (individually or collectively called “Card”) may be used 
as  a  credit  card  for  purchases  of  goods  or  services  from 
to  get  Cash 
participating  merchants  (“Purchases”)  or 
Advances 
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 
including  Purchases,  Cash 
Advances,  Balance  Transfers,  INTEREST  CHARGES,  late 
charges,  and  other  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.  If you opt-in to receive an Over-The-Credit-Limit 
fee  and  your  balance  exceeds  the  credit  limit,  we  may 
charge you an Over-The-Credit-Limit fee at that time of $25 
for the first violation and $35 for each subsequent violation 
within the next six billing cycles. The Over-The-Credit-Limit 
fee  for  Iowa  is  $15.    If  the  Over-The-Credit-Limit  fee  is 
greater than the amount over the credit limit, the fee will be 
equal to the amount by which you exceed the credit limit. If 
you  do  not  reduce  the  balance  below  the  credit  limit,  we 
may  charge  you  an  additional  Over-The-Credit-Limit  fee  in 
the next two billing cycles.   You may cancel this election at 
any  time  and  no  further  Over-The-Credit-Limit  fees  will  be 

total  charges, 

BW-PBCCAG (REV.  09/11) (FRONT) 

CREDIT CARD AGREEMENT  
(Private Banking) 

to 

the 

right 

of  Credit 

limit  authorizations 

Temporary  Reduction 

assessed.    You  may  apply  to  increase  your  Credit  Limit  at 
any  time  but  we  are  not  obligated  to  increase  your  Credit 
Limit at any time. Furthermore, we reserve the right to lower 
your Credit Limit 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 
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. 
Limit.  
Merchants,  such  as  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  or  late 
charges  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.  
Periodic Statement. Each month we will send you 
5. 
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 zero 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.   

From  time  to  time,  we  may  let  you  skip  or  reduce 
one  or  more  monthly  payments  during  a  year  and/or  we 

 
 
 
 
may  temporarily  reduce  or  eliminate  certain  INTEREST 
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  Charge.  At  least  the 
amount  of  the  “Minimum  Payment  Due”  must  be  received 
by us by the “Payment Due Date.” If it is not, we may apply 
a Late Payment fee of $25 for the first violation and $35 for 
each subsequent violation within the next six billing cycles.  
The Late Payment fee for Iowa residents is $20.  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  Over-The-Credit-Limit 
fee  and  Late  fee  (with  a  minimum  of  the  lesser  of  $25  or 
your  New  Balance)  and  any  Over-The-Credit-Limit  amount 
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, 
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).  

Transfers,  Cash 

Balance 

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 
for  each  Balance  Category  by 
INTEREST  CHARGE 
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  first  six  billing  periods 
(Introductory  Period)  your  interest  rate  for  Purchases  on 
your  Account  is  equal  to  0.00%  APR;  thereafter  your 
interest  rate  for  Purchases  will  apply.    There  is  no 
introductory rate for Balance Transfers or Cash Advances.  

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  highest  Prime  Rate  published  in  the  “Money  Rates” 
table  of  The  Wall  Street  Journal.  If  the  Index  is  no  longer 

BW-PBCCAG (REV.  09/11) (FRONT) 

available, we will choose a new index which is based upon 
comparable  information  and  will  give  you  notice  of  our 
choice. The Index figure published on the second Tuesday 
(or  on  the  next  business  day  if  the  second  Tuesday  is  a 
holiday)  each  month  is  called  the  “Current  Index.”  Your 
interest  rate  for  Purchases  (after  the  Introductory  Period) 
and  Balance  Transfers  on  your  Private  Banking  Platinum 
MasterCard Account is based on a variable rate equal to the 
sum  of  the  Current  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 Current 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  Current  Index.    The  new  interest  rate  will  become 
effective  at  the  start  of  your  first  billing  cycle  after  the 
Change Date. Only one Annual Percentage Rate and Daily 
Periodic  Rate  will  be  in  effect  for  each  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  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:  3.00%  of 
each balance transferred, $5 minimum. Cash Advance fee: 
4.00% of each Cash Advance, $10 minimum.  
11. 
Foreign  Transaction  Fee.  Transactions  that  you 
make in a foreign currency or that you make outside of the 
United  States  of  America  even  if  it  is  made  in  U.S.  dollars 
are  considered  foreign  transactions.    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. In addition, MasterCard will charge us (the Bank) an 
to  one 
International  Transaction  Fee,  currently  equal 
percent  (1.00%)  of  the  transaction  amount,  which  we  will 
charge you whether that transaction was originally made in 
U.S. dollars or was made in another currency and converted 
to U.S. dollars.  
12. 
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  fees 
due  to  us.  We  reserve  the  right  to  waive  these  fees  from 
time  to  time.  If  we  incur  special  expenses  on  your  Credit 
Card account due to a request made by you, we may also 
charge you for these expenses as permitted by law. 
Automated Teller Machine (ATM) Transaction Fees: 
At a 
Network 
ATM 

At a Bank 
of the 
West ATM 

Other  Fees.  You  also  agree 

to  pay  us 

  Cash Advance 
Withdrawal 
o  Domestic 
o 

International 
  Balance Inquiry 

N/C 
N/A 
N/C 

$1.00 
$2.50 
$. 50 

Additional  fees  may  be  imposed  by  other  parties  if  a 
transaction is made at an ATM not operated by us. 
Note: N/C = No Charge; N/A = Not Applicable; Domestic = 
at  an  ATM  in  Canada,  U.S.  and  its  protectorates  and 
territories. 

Payable at Time of Delivery 
  Replacement  Card  issued  by  Bank  of 

$  15.00 

the West 

  Returned  Payment  Check 

(due 

to 

Up to $35* 

insufficient funds) 

 
 
 
 
 
 
Payable at Time of Request 
MasterCard Temporary Replacement Card 
issued by MasterCard International. 
Temporary card is good for approximately 1 
month and cannot be used in ATMs. 
 Domestic Fee: 
 International Fee: 

$  95.00 
$125.00 

Payable at Time of Request 

 Emergency Cash Advance issued by 
MasterCard (International is limited to 
$1,000, or your available credit limit, 
whichever is less.) 
 Copy of Sales Draft 
 Research Fee 
 Copy of Statement (waived if resident of 

Iowa) 

 Convenience Check Stop Payment Order 
 Return Convenience Check Fee 

$  50.00 

$    8.00 
$  20.00/hr 
$    8.00 

$  16.00 
Up to $35** 

fee 

than 

is  greater 

*The  Returned  Payment  fee  for  Iowa  is  $19.95.    For  other 
states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If the 
Returned  Payment 
the  Minimum 
Payment  Due,  the  fee  will  be  equal  to  the  Minimum 
Payment Due. 
**  The  Return  Convenience  Check  fee  is  $25  for  the  first 
violation  and  $35  for  each  subsequent  violation  within  the 
next six billing cycles.  If the Return Convenience Check fee 
is  greater  than  the  amount  of  the  check,  the  fee  will  be 
equal to the amount of the check. 
13.    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  your  required  minimum 
payment  (shown  on  your  periodic  statement  as  “Minimum 
Payment  Due”)  is  not  received  within  60  days  of  the 
Payment  Due  Date,,  your  ANNUAL  PERCENTAGE  RATE 
for  all  balances  will  be  a  variable  rate  equal  to  the  sum  of 
the Current Index plus a “Rate Spread” of 26.74 percentage 
points (Penalty Rate).  You will be provided with a notice 45 
days  in  advance  of  the  effective  date  of  the  change  in 
Annual  Percentage  Rate.    Your  payments  under  this 
Agreement, 
INTEREST 
CHARGE,  will  increase  as  a  result  of  the  increase  in  your 
ANNUAL  PERCENTAGE  RATE,  and  any  such  increase  in 
your ANNUAL PERCENTAGE RATE will be shown on your 
next  periodic  statement.  We  may  reinstate  your  ANNUAL 
PERCENTAGE RATE to the rate set forth in this Agreement 
once  you  have  made  at  least  your  Minimum  Payment  Due 
for (6) consecutive billing periods immediately following the 
effective  date  of  the  Penalty  Rate.    If  we  take  such  lesser 
action initially, we reserve the right to terminate your Credit 
Card  account  and  accelerate  all  amounts  due  under  this 
Agreement  regardless  of  whether  any  additional  events 
have  occurred  which  would  permit 
termination  and 
acceleration.  
14. 

Automated Terminal Services 

the  amount  of 

including 

the 

a.  Automated Terminals. You may use your Card in 

the following automated terminals: 

Any  Bank  of  the  West  automated  teller 

Any  other  automated  teller  machine  that  is 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 
BW-PBCCAG (REV.  09/11) (FRONT) 

(1) 
machines. 
(2) 

(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 
include  some 
balances.  These  balances  may  not 
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  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. 
Please keep the Card safe and also protect the secret code. 
Use the Card and the secret code 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. 
The  fees  for using  certain  automated  terminal  services  are 
disclosed in paragraph 12 - Other Fees. 
15. 
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. 

Lost  or  Stolen  Card;  Your  Liability 

loss, 

Credit 

in  writing,  of 

Investigation  and  Disclosure.  You 

Our  Business  Days.  Our  business  days  are 

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 
theft,  or  possible 
17,  orally  or 
unauthorized use. In any case, your liability for unauthorized 
use of your Card as a credit card will not exceed $50.00. 
16. 
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  or  write  to:  Bank  of  the  West,  BankCard 
Security  Department,  P.O.  Box  1959,  Honolulu,  Hawaii 
96805. 
17. 
Monday through Friday, except for bank holidays. 
18. 
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 
inaccurate 
information  about  you  to  a  credit  bureau,  please  call  us  at 
1-866-218-4959. 
19. 
Security  Interest.  We  have  no  security  for  any 
amounts  which  become  due  under  this  Agreement,  even 
though any other agreement you may have with us, 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. 
Collection. You promise to pay all collection costs, 
20. 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 
21. 
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, 

information  or  have 

reported 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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. 
No Waiver of Rights. If we choose to waive any of 
22. 
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. 
Changing Terms.  We can change, add to, delete 
23. 
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. 
24. 
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.  If  this  Agreement  is  canceled  by  you  or  us,  your 
obligation  is  to  repay  amounts  you  already  owe  under  this 
Agreement, and you must return your Card to us or destroy 
the card.  In either case, the account will be closed and you 
will no longer have access to the account. 
25. 
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. 
26. 
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. 
27. 
Severability.  All other provisions of this Agreement 
shall  remain  in  full  force  even  if  one  or  more  provisions  of 
illegal,  void  or 
this  Agreement  are  held 
unenforceable  by  any  rule  or  law,  administrative  order  or 
judicial decision. 

invalid, 

BW-PBCCAG (REV.  09/11) (FRONT) 

 
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. 

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 
P.O. Box 1959 
Honolulu, Hawaii 96805 

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.  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 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. 

Rev. 09/11 

 
 
 
 
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 
P.O. Box 1959 
Honolulu, Hawaii  96805 

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. 

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. 

Rev. 09/11