Annual Percentage Rate
(APR) for Purchases

36.0%

APR for Cash Advances

36.0%

Paying Interest

Minimum Interest Charge

For Credit Card Tips from
the Consumer Financial
Protection Bureau

To learn more about factors to consider when applying for or using a credit card,
visit the website of the Consumer Financial Protection Bureau at
http://www.consumerfinance.gov/learnmore

Set-up and Maintenance
Fees

Transaction Fees

Penalty Fees

$49.00

$175.00

None

$49.00

$174.00

$6.00

5%

3%

$38.00

$35.00

How We Will Calculate Your Balance:

Billing Rights:

Opening Your Credit Account:

Page 3

Processing Fee:

Available Credit Limitations:

FEES AND INTEREST CHARGES:

Periodic INTEREST CHARGES: INTEREST CHARGES
INTEREST CHARGES

INTEREST CHARGES

Computing Periodic INTEREST CHARGES:

INTEREST CHARGE

ANNUAL PERCENTAGE RATE (APR)

ANNUAL PERCENTAGE RATE

INTEREST CHARGES

INTEREST CHARGES

This ANNUAL PERCENTAGE RATE will be applied to

fees assessed to your Credit Account as well as Purchases and Cash Advances.
Minimum INTEREST CHARGE:

INTEREST CHARGE

INTEREST CHARGE

Average Daily Balance:

Annual Fee:

Monthly Servicing Fee:

Cash Advance Fee:

INTEREST CHARGES

Foreign Currency Transaction Fee:
Late Fee:
Return Item Charge:

Additional Card Fee:

Credit Limit Increase Fee:

$38.00.

OTHER CHARGES:

Credit Insurance:
Copying Fee:
Express Delivery Fee:
Wire Transfer Fee:
Minimum Payment; Cutoff Time and Form of Payment:

30.00

30.00

7%

30.00

See the Credit Card Contract for further information regarding this Credit Account. Retain these important documents.

Page 4

your  Card.  This  fee  will  be  paid  to  us  and  applied  to  all  transactions 
posted to your Credit Account in a foreign currency, including all Purchase 
transactions,  Cash  Advance  transactions,  ATM  transactions  and  returns 
and adjustments (e.g., for returned merchandise). The currency conversion 
rate used on the processing date may be different than the rate that was 
in  effect  on  the  date  you  conducted  the  transaction.  We  do  not  set  the 
currency conversion rate, and we do not receive any portion of it. We do, 
however, receive a foreign currency transaction fee as disclosed on your 
Account Opening Disclosures printed on the card carrier containing your 
card.
Prohibition on Gambling and Illegal Transactions: Your Card and Credit 
Account  may  not  be  used  in  connection  with  any  gambling  transaction 
(whether legal or illegal). Also, your Card and Credit Account may be used 
only for valid and lawful purposes. If you use, or allow someone else to use 
your Card or Credit Account for any unlawful purpose or for any gambling 
transaction, 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.
Call Recording: We reserve the right to monitor and/or record telephone 
calls  for  quality  and  training  purposes.  This  includes  both  calls  to  and 
originated by First PREMIER Bank, PREMIER Bankcard, LLC, or any of 
our affiliates or service providers.

YOUR BILLING RIGHTS
KEEP THIS DOCUMENT FOR FUTURE USE
This notice tells you about your rights and our responsibilities under 
the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement: If you think there 
is an error on your statement, write to us at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
(You may also contact us on the Web:  www.mypremiercreditcard.com.)
In your letter, give us the following information:
• Account information: Your name and Credit 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 three business days before an automated payment is scheduled, 
if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing (or electronically). You 
may call us, but if you do we are not required to investigate any potential 
errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter: When we receive your 
letter, we must do two things:
(1) Within 30 days of receiving your letter, we must tell you that we received 
your letter. We will also tell you if we have already corrected the error.
(2) Within 90 days of receiving your letter, we must either correct the error 
or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
• We cannot try to collect the amount in question, or report you as delinquent 
on that amount.
•  The  charge  in  question  may  remain  on  your  Statement,  and  we  may 
continue to charge you interest on that amount.
• While you do not have to pay the amount in question, you are responsible 
for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
• If we made a mistake: You will not have to pay the amount in question or 
any interest or other fees related to that amount.
• If we do not believe there was a mistake: You will have to pay the amount 
in  question,  along  with  applicable  interest  and  fees.  We  will  send  you  a 
statement of the amount you owe and the date payment is due. We may 

then report you as delinquent if you do not pay the amount we think you 
owe.
If you receive our explanation but still believe your bill is wrong, you must 
write to us within 10 days telling us that you still refuse to pay. If you do 
so, we cannot report you as delinquent without also reporting that you are 
questioning your bill. We must tell you the name of anyone to whom we 
reported  you  as  delinquent,  and  we  must  let  those  organizations  know 
when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first 
$50.00 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  $50.00.    (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 
Account do not qualify.
(3)  You must not yet have fully paid for the Purchase.
If  all  of  the  criteria  above  are  met  and  you  are  still  dissatisfied  with  the 
Purchase, contact us in writing (or electronically) at:
     First PREMIER Bank
     P.O. Box 5524
     Sioux Falls, SD 57117-5524
     www.mypremiercreditcard.com 
While  we  investigate,  the  same  rules  apply  to  the  disputed  amount  as 
discussed  above.    After  we  finish  our  investigation,  we  will  tell  you  our 
decision. At that point, if we think you owe an amount and you do not pay, 
we may report you as delinquent. 
Your Liability for Unauthorized Use of Your Credit Account: You will not 
be liable for unauthorized use of your Card or Credit Account. However, to 
protect your rights, you are required to notify us orally or in writing as soon 
as you are aware that your Card or Credit Account has been lost, stolen 
or used without your consent. Certain exceptions apply. To notify us of the 
loss, theft or possible unauthorized use of your Card, call us at 1-800-987-
5521, 24 hours a day. 

STATE DISCLOSURES
California Residents: A married applicant may apply for a separate Credit 
Account. As required by law, you are hereby notified that a negative credit 
reporting reflecting on your credit record may be submitted to a Consumer 
Reporting Agency  if  you  fail  to  fulfill  the  terms  of  your  credit  obligations. 
After credit approval, each applicant shall have the right to use the Credit 
Account up to the limit of the Credit Account. Each applicant may be liable 
for amounts extended under the plan to any joint applicant.
Delaware  Residents:  Service  charges  not  in  excess  of  those  permitted 
by law will be charged on the outstanding balances from month to month.
Kentucky  Residents:  You  may  pay  the  unpaid  balance  of  your  Credit 
Account in whole or in part at any time.
Maryland Residents: Finance charges will be imposed in amounts or at 
rates not in excess of those permitted by law. 
Maine Residents: Credit insurance provided herein is voluntary and you 
have the right to cancel such credit insurance at any time.
Vermont Residents: First PREMIER Bank may obtain a consumer report 
for any legitimate purpose in connection with your Credit Account or your 
application, including but not limited to reviewing, modifying, renewing and 
collecting on your Credit Account. Upon your request, we (First PREMIER 

Bank)  will  inform  you  of  the  names  and  addresses  of  any  Consumer 
Reporting Agencies that have furnished the reports.
Ohio  Residents:  The  Ohio  laws  against  discrimination  require  that  all 
creditors  make  credit  equally  available  to  all  credit  worthy  customers, 
and that Consumer Reporting Agencies maintain separate credit histories 
on  each  individual  upon  request.  The  Ohio  Civil  Rights  Commission 
administers compliance with this law.
Married  Wisconsin  Residents:  No  provision  of  any  marital  property 
agreement, unilateral statement, or court order applying to marital property 
will adversely affect a creditor’s interests unless prior to the time credit is 
granted, the creditor is furnished with a copy of the agreement, statement, 
or court order, or has actual knowledge of that provision.
Washington  Residents:  A  service  charge  will  be  computed  on  the 
outstanding balance for each month. You may at any time pay your total 
unpaid balance.

ARBITRATION AND LITIGATION
This Arbitration Provision (“Provision”) facilitates the prompt and efficient 
resolution of any disputes that may arise between you and us. Arbitration is 
a form of private dispute-resolution in which persons with a dispute waive 
their rights to file a lawsuit, to proceed in court and to a jury trial, and instead 
submit their disputes to a neutral third person (an arbitrator) for a binding 
decision. You have the right to opt out of this Provision, which means you 
would retain your right to litigate your disputes in a court, either before a 
judge or jury. To exercise your right to opt out you must provide us with 
written notice no later than 30 days after your Credit Account is first opened. 
If we do not receive your written notice within that time frame, your rights 
to opt out will terminate, and you agree that the provisions of this section 
will apply.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL 
DISPUTES ARISING  OUT  OF  OR  CONNECTED  TO  THIS  CONTRACT 
SHALL  BE  RESOLVED  BY  BINDING  ARBITRATION.  ARBITRATION 
REPLACES  THE  RIGHT  TO  GO  TO  COURT.  IN  THE  ABSENCE  OF 
THIS  ARBITRATION  AGREEMENT,  YOU  AND  WE  MAY  OTHERWISE 
HAVE  HAD  A  RIGHT  OR  OPPORTUNITY  TO  BRING  CLAIMS  IN  A 
COURT,  BEFORE  A  JUDGE  OR  JURY  AND/OR  TO  PARTICIPATE  IN 
OR  BE  REPRESENTED  IN  A  CASE  FILED  IN  COURT  BY  OTHERS 
(INCLUDING,  BUT  NOT  LIMITED  TO,  CLASS  ACTIONS).  EXCEPT 
AS  OTHERWISE  PROVIDED,  ENTERING  INTO  THIS  AGREEMENT 
CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS AND 
ALL OPPORTUNITY TO BE HEARD BY A JUDGE OR JURY.
Parties  and  Matters  Subject  to  Arbitration:  For  purposes  of  this 
Provision,  “you”  and  “us”  include  the  employees,  parents,  subsidiaries, 
affiliates, beneficiaries, agents and assigns of you and us. For purposes 
of this Provision, “Claim” means any claim, dispute or controversy by either 
you or us, arising out of or relating in any way to this Contract, this Provision 
(including claims regarding the applicability, enforceability or validity of this 
Provision), your Credit Account, any transaction on your Credit Account and 
our  relationship.  “Claim”  also  refers  to  any  interaction  or  communication 
between  you  and  us  that  occurred  prior  to  or  concurrent  with  entering 
into this Contract, including those now in existence, regardless of present 
knowledge. “Claim” shall refer to claims of every kind and nature, including, 
but not limited to, initial claims, counterclaims, cross-claims and third party 
claims. All Claims are subject to arbitration, regardless of legal theory and 
remedy sought, including, but not limited to, claims based in contract, tort 
(including negligence, intentional tort, fraud and fraud in the inducement), 
agency, statutory law (federal and state), administrative regulations or any 
other source of law (including equity).
Agreement to Arbitrate: Any Claim arising out of or relating to this Contract, 
or the breach of this Contract or your Credit Account, shall be resolved and 
settled exclusively and finally by binding arbitration, in accordance with this 
Provision. Binding arbitration shall not be required, however, for collection 
actions by us relating to your Credit Account. Furthermore, both you and 
we retain the right to pursue in a small claims court any Claim that is within 

that court’s jurisdiction, provided the Claim proceeds on an individual basis. 
However, only a court of law, not an arbitrator, shall determine the validity 
and effect of this Provision’s prohibition of class arbitration. For any Claims 
covered by this Provision, a party who asserted a Claim in a lawsuit in court 
may elect arbitration with respect to any Claim subsequently asserted in 
that lawsuit by any other party.
Voluntary  Waiver  of  the  Right  to  a  Jury  Trial  and  Class  Action 
Participation: As a result of this Provision, neither you nor we have the 
right to litigate any Claim in court or the right to a jury trial on any Claim, 
except as provided above. YOU AGREE THAT YOU ARE VOLUNTARILY 
AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO 
COURT OR TO HAVE A JURY TRIAL. FURTHERMORE, NEITHER YOU 
NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY 
GENERAL,  OR 
IN  ANY  OTHER  REPRESENTATIVE  CAPACITY. 
SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER 
OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.
Prohibition of Class Arbitration: All Claims shall be resolved by binding 
arbitration  on  an  individual  basis.  Claims  made  and  remedies  sought  as 
part of a class action, private attorney general or other representative action 
are subject to arbitration on an individual (non-class, non-representative) 
basis.  Therefore,  the  arbitrator  has  no  authority  to  conduct  class-wide 
proceedings and will be restricted to resolving individual Claims. UNDER 
THIS ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY 
FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitration 
will only be conducted on an individual Claim basis and there is no right or 
authority to consolidate or join any of your Claims with any other Claims. 
YOU  AGREE  THAT  YOU  ARE  VOLUNTARILY  AND  KNOWINGLY 
WAIVING ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR 
MEMBER  OF  ANY  CLASS  OF  CLAIMANTS  PERTAINING  TO  ANY 
CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.
Governing  Law:  This  agreement  to  arbitrate  is  made  pursuant  to  a 
transaction  involving  interstate  commerce  and  shall  be  governed  by  the 
Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended. If for any 
reason the Federal Arbitration Act does not apply, the substantive law of the 
State of South Dakota shall govern this Provision.
Arbitration Location and Procedure: Any arbitration hearing at which you 
wish to appear will take place at a location within the federal judicial district 
that includes your billing address at the time the Claim is filed. The party 
bringing the Claim may file its Claim at the American Arbitration Association 
(“AAA”), or an arbitration organization mutually agreed upon by the parties. 
The arbitration organization that is selected will administer the arbitration 
pursuant  to  its  procedures  in  effect  at  the  time  of  filing,  subject  to  this 
Provision. If you do not agree to file your claim with AAA, and the parties 
cannot agree on an alternative arbitration organization, an arbitrator will be 
appointed by a court pursuant to the Federal Arbitration Act. In the event of 
a conflict or inconsistency between the respective organization’s rules and 
this Provision, this Provision shall govern. The arbitration will be conducted 
before  a  single  arbitrator,  whose  authority  is  limited  solely  to  individual 
Claims between you and us. The arbitration will not be consolidated with 
any other arbitration proceeding. Any decision rendered in such arbitration 
proceeding will be final and binding on the parties and judgment may be 
entered in a court of competent jurisdiction. The rules and forms of AAA 
may be obtained as follows: American Arbitration Association, (1-800-778-
7879),  335  Madison Avenue,  Floor  10,  New York,  NY  10017,  website  at 
www.adr.org.
Arbitrator’s  Authority:  The  arbitrator  shall  apply 
the  applicable 
substantive  law,  consistent  with  the  Federal  Arbitration  Act;  shall  apply 
statutes  of  limitation;  and  shall  honor  claims  of  privilege  recognized  at 
law. In conducting the arbitration proceeding, the arbitrator shall not apply 
any federal or state rules of civil procedure or evidence. PURSUANT TO 
THIS ARBITRATION  PROVISION,  THERE  IS  NO  RIGHT  TO  ENGAGE 
IN  PREARBITRATION  DISCOVERY  EXCEPT  AS  PROVIDED  FOR  IN 
THE  RULES  AND  PROCEDURES  OF  THE  RESPECTIVE  CHOSEN 

NATIONAL  ARBITRAL  ORGANIZATION.  Either  party  may,  however, 
request  to  expand  the  scope  of  discovery.  If  a  request  is  made,  within 
15  days  of  the  requesting  party’s  notice,  the  objecting  party  may  submit 
objections  to  the  arbitrator  with  a  copy  of  the  objections  provided  to  the 
party requesting expansion. The grant or denial of a party’s request will be 
in the sole discretion of the arbitrator, who shall notify the parties of the final 
decision within 20 days of the objecting party’s submission.
The  Arbitrator’s  Award:  The  arbitrator  has  the  ability  to  award  to  the 
prevailing  party  all  remedies  available  at  common  law,  by  statute  or 
in  equity,  including  injunctive  relief,  declaratory  relief,  arbitration  costs 
and  attorney  fees.  The  arbitrator  shall  not,  however,  have  authority  to 
award  any  punitive  damages.  YOU  AND  WE  AGREE  THAT  PUNITIVE 
DAMAGES  ARE  NOT  RECOVERABLE  IN  ANY  ARBITRATION  OR 
OTHER  PROCEEDING  UNDER  THIS  CONTRACT  EXCEPT  TO  THE 
EXTENT PUNITIVE DAMAGES WOULD BE AVAILABLE IN LITIGATION. 
For  awards  not  in  excess  of  $5,000.00,  upon  the  timely  request  of  any 
party,  the  arbitrator  shall  provide  a  brief  written  explanation  of  the  basis 
for the award. In the event an award exceeds $5,000.00, or in which there 
is  a  request  for  equitable  relief  with  a  potential  financial  impact  or  value 
in excess of $5,000.00, the award of the arbitrator shall be in writing and 
shall specify the facts and the law on which it is based. In such case, the 
arbitrator’s findings of fact must be supported by substantial evidence and 
the arbitrator’s conclusions of law must not be based on legal error or be 
erroneous under the applicable substantive law. Further, in addition to the 
Federal Arbitration Act’s grounds for vacation, modification or correction of 
the arbitrator’s award, the parties shall have the right to judicial review of the 
arbitrator’s award to determine whether the arbitrator’s findings of fact are 
supported by substantial evidence and whether the arbitrator’s conclusions 
of  law  are  based  on  legal  error  or  are  erroneous  under  the  applicable 
substantive law. Judgment upon the award rendered by the arbitrator may 
be entered in any court having jurisdiction thereof. However, if the award is 
in excess of $5,000.00, judgment may be entered only upon determination 
by the court that the award is supported by substantial evidence and is not 
erroneous or based on legal error.
Expenses:  Regardless  of  who  demands  arbitration,  we  will  pay  all 
expenses  of  arbitration,  including  the  filing,  administrative,  hearing  and 
arbitrator’s fees (“Arbitration Fees”), to the extent that the Arbitration Fees 
exceed  the  amounts  you  would  be  required  to  pay  for  filing  a  lawsuit  in 
a court. Throughout the arbitration, each party shall bear his or her own 
attorney fees and expenses, such as witness and expert witness fees. If 
you prevail in the arbitration of any Claim against us, we will reimburse you 
for any fees you paid to the arbitration organization in connection with the 
arbitration.
Binding Effect and Survival: You and we agree that, except as specifically 
provided for above, the arbitrator’s decision will be final and binding on all 
parties subject to this Provision. This Provision is binding upon you, us, and 
the heirs, successors, assigns and related third parties of you and us. This 
Provision shall survive termination of your account, whether it be through 
voluntary payment of the debt in full by you, a legal proceeding initiated 
by us to collect a debt that you owe, a bankruptcy by you or a sale of your 
Credit Account by us.
Severability:  If  any  portion  of  this  Provision  is  deemed  invalid  or 
unenforceable  under  any  law  or  statute  consistent  with  the  FAA,  such 
a  finding  shall  not  invalidate  any  remaining  portion  of  this  Provision,  the 
Contract  or  any  other  agreement  entered  into  by  you  with  us.  However, 
the  prohibition  on  class  arbitration  is  not  severable  from  the  remainder 
of this Provision. In the event that a court deems the prohibition on class 
arbitration to be invalid and unenforceable, any subsequent class action or 
representative proceeding shall be in a court of law and will not be subject 
to binding arbitration.

M-117494 

PF 

02/16

First PREMIER Bank
CREDIT CARD CONTRACT AND ACCOUNT  
OPENING DISCLOSURES (cont’d)
This Contract explains the terms and conditions of your Credit Account with 
us, including important provisions relating to arbitration and litigation. For 
additional  important  information  on  fees  and  INTEREST  CHARGES 
and  other  contract  provisions  that  apply  to  your  Credit  Account, 
please review the Account Opening Disclosures printed on the card 
carrier containing your Card. Be sure to retain all Contract documents 
for future reference.

YOUR CONTRACT WITH US
Your  MasterCard®  or  Visa®  brand  Credit  Account  is  governed  by  the 
terms and conditions in this Contract and the Account Opening Disclosures 
printed on the card carrier containing your Card (“Contract”).
Applicable Law: No matter where you live, our Contract with you and the 
terms of your Credit Account will be governed by the laws of the State of 
South Dakota and applicable federal law.
Effective Date: Unless you are a resident of the State of New York, this 
Contract is effective upon the earlier of (1) the first Purchase made or Cash 
Advance taken on your Credit Account, and (2) the expiration of 30 days 
from  the  date  we  issue  the  Card  to  you  if  you  do  not  provide  us  written 
notice of your desire to cancel within this 30 days. If you are a resident of 
the State of New York, this Contract is not effective until the earlier of (1) 
the first Purchase made or Cash Advance taken on your Credit Account, 
and (2) the date you move from the State of New York, unless the date 
you move from the State of New York is less than 30 days from the date 
we  issue  a  Card  to  you,  in  which  case  this  Contract  will  be  effective  on 
the date that is 30 days from the date we issue a Card to you (and not the 
date you move from the State of New York) if you do not provide us written 
notice of your desire to cancel within this 30 days. In all cases, if any fees 
are required to be paid prior to opening your Credit Account, this Contract 
will not be effective and your Credit Account will not be opened until such 
fees are paid in full. You are not obligated to pay any fees or INTEREST 
CHARGES (other than any fees required to be paid prior to opening your 
Credit Account) until this Contract is effective.

DEFINITIONS USED IN THIS CONTRACT
In this Contract, “we”, “us” and “our” each refer to First PREMIER Bank 
(the “Bank”).
“Authorized User” means any person authorized by you to use the Card 
or Credit Account.
“Billing Cycle” begins on the day after the Statement Closing Date of the 
previous Statement and includes the Statement Closing Date of the current 
Statement.
“Card”  means  all  the  plastic  credit  cards  we  issue  to  you  or  any  other 
person who is authorized to use the Credit Account. In the event we issue 
other devices by which you can access your Credit Account, those devices 
will also be “Cards” for purposes of this Contract.
“Closing Date” means the last day of any Billing Cycle.
“Credit Account” means the credit card account that we open for you and 
the relationship that is established between you and us by this Contract. 
This Credit Account is used to record transaction activity made by you when 
you access or otherwise utilize the line of credit we extend to you when you 
use your Card.
“New Balance” means the outstanding balance of your Credit Account at 
the end of any Billing Cycle. The New Balance is the sum of the Previous 
Balance (defined as the New Balance shown on your last Statement) less 
payments and credits, plus new Cash Advances and Purchases and our 
charges posted during the Billing Cycle.

“Payment  Due  Date”  means  the  date  we  must  receive  your  payment, 
which is not less than 27 days from the Closing Date.
“Proper Form” means that a payment sent by mail or courier follows these 
guidelines:

•  Payments  must  be  sent  to  the  address  on  the  payment  coupon  of 

your Statement.

•  Payments must be made by check or other negotiable instrument in 

U.S. dollars payable to First PREMIER Bank.

•  All checks or negotiable instruments must be drawn on a U.S. bank 

or at a U.S. branch of a foreign bank.

•  Payments must not be in the form of cash or third-party checks. 
•  Your payment coupon must be included with your payment. If your 
payment  coupon  is  not  included,  your  name  and  account  number 
must be printed legibly on your check or negotiable instrument.
“Related  Credit  Account(s)”  means  any  Credit  Accounts  established 
using the same Social Security Number.
“Statement” is a summary of your Credit Account activity provided to you 
at the end of each Billing Cycle.
“Total  Minimum  Amount  Due”  means  the  total  minimum  amount  we 
request  that  you  pay  each  month  as  indicated  on  your  Statement.  This 
amount  includes  the  Minimum  Payment,  any  Past  Due Amount  and  any 
Amount Over Limit Due, which is the amount by which the New Balance 
exceeds your Credit Limit. (See the Minimum Payment provisions on the 
Account Opening Disclosures printed on the card carrier containing your 
Card  for  more  information  on  how  the  “Total  Minimum  Amount  Due”  is 
calculated.)
“You” and “your” mean each and every person who is authorized to use 
the Credit Account, including Authorized Users, joint account holders and 
other persons you authorize to use the Card. 
Other important words used in this Contract begin with capital letters. They 
are defined throughout this Contract.

USING YOUR CARD

Sign Your Card: Be sure to sign your Card before you use it.
If  You  Do  Not  Want  the  Card:  If  you  do  not  want  the  Card  and  Credit 
Account, you must contact us by telephone or in writing asking us to close 
your Credit Account.
Do Not Give Your Card to Others: Cards may not be given to anyone else 
to use. Other people who want a Credit Account should apply separately.
Your  Responsibility  for  Authorized  Users:  If  another  person  is  given 
access  to  your  Credit Account  with  your  express  or  implied  permission, 
notwithstanding  the  provision  above,  that  person  is  an Authorized  User, 
even if we did not issue an additional Card in the Authorized User’s name. 
At your request, and if we agree, we may issue an additional Card in the 
name of an Authorized User with your Credit Account number.
You  will  be  responsible  for  all  charges,  Cash  Advances,  INTEREST 
CHARGES,  Purchases  and  fees  incurred  by  any  Authorized  User.  We 
are not required to try to obtain payment from any Authorized User before 
requiring payment from you. 
If  you  wish  to  remove  an Authorized  User  from  your  Credit Account  you 
must contact us either by telephone or in writing. You will still be responsible 
for payment of all Purchases, Cash Advances, INTEREST CHARGES and 
fees  incurred  or  obtained  by  the  Authorized  User.  We  may  close  your 
existing Credit Account and issue you a new Card and account number. You 
and each Authorized User agree that we may report account information to 
Consumer Reporting Agencies in the names of both you and the Authorized 
User.
Lost or Stolen Cards: To protect your rights, you must notify us immediately 
at  1-800-987-5521  if  your  Card  is  lost  or  stolen  or  if  you  suspect  that  it 
has  been  used  or  may  be  used  without  your  permission.  If  your  Card  is 
reported  as  lost  or  stolen  or  you  are  claiming  unauthorized  use  of  your 
Credit Account or Card, we may require you to file one or more reports with 
the appropriate law enforcement agencies and us prior to our removal of 
possible unauthorized charges made against your Credit Account. You will 

not be liable for unauthorized use of your Card. Certain exceptions apply.
Refusal to Accept Your Card: We are not responsible if any person or 
merchant does not accept your Card, or if an ATM or other device fails to 
properly operate. All transactions, even when you get a receipt, are subject 
to our final verification.
Cards Are Our Property: You agree to return each Card issued on your 
Credit Account to us upon our demand.

USING YOUR CREDIT ACCOUNT
Your  Promise  To  Pay:  You  agree  to  pay  us  for  all  charges,  Cash 
Advances, INTEREST CHARGES, Purchases and fees incurred on your 
Credit Account  by  you,  or  by  any Authorized  User,  as  well  as  any  other 
fees imposed by us, as explained in this Contract. If more than one person 
requests,  accepts  or  uses  the  Credit  Account,  each  and  every  person 
individually and jointly are responsible for payment until the account is paid 
in full.
Joint Account Holders: If this is a joint Credit Account, each person who 
signed the application: (1) may obtain Purchases and Cash Advances not 
to exceed the total credit limit; (2) will be responsible for paying all amounts 
owed; and (3) can close the Credit Account.
Accessing  Your  Credit  Line:  You  can  use  the  Card  and  your  Credit 
Account  to  make  Purchases  and  obtain  Cash  Advances.  Upon  your 
request, you may be assigned a Personal Identification Number (PIN). If a 
PIN is assigned to you, you can obtain a Cash Advance at any authorized 
ATM by using the Card and PIN.
Understanding  Your  Credit  Limit:  Your  “Credit  Limit”  is  the  maximum 
amount of credit we have approved for your Credit Account. The amount 
of your Credit Limit is printed on the card carrier containing your Card and 
on your Statements. Your balance may not exceed your Credit Limit at any 
time. At our sole discretion, we may honor Purchases or Cash Advances in 
excess of your Credit Limit without raising your Credit Limit. If we do, we 
may require you to pay us any amount over your Credit Limit immediately. 
Decisions  on  Credit  Limit  increases  may  be  based  on  your  performance 
under this Credit Account and other Related Credit Accounts you have with 
us and other credit criteria. If we have previously allowed your balance to 
exceed your Credit Limit, it does not mean that we will permit your balance 
to exceed your Credit Limit again. We reserve the right to approve or deny 
authorizations or transactions from any merchant at our sole discretion.
Obtaining Cash Advances: You may take Cash Advances on your Credit 
Account in any of the following ways: By presenting the Card to us or any 
other  participating  MasterCard®  or  Visa®  financial  institution  to  obtain 
cash, by using the Card at an authorized merchant, other non-bank entity, 
or an Automated Teller Machine (ATM) or other device to obtain cash or 
cash  equivalent,  or  to  make  a  transfer  from  your  Credit Account  to  any 
other deposit or loan account. Even if you use your Credit Account to obtain 
cash from a non-bank entity, the transaction will be described as a Bank 
Cash Advance.
You  may  not  take  Cash  Advances  in  excess  of  $500.00  per  day.  The 
minimum  Cash Advance  per  transaction  is  $20.00.  For  Credit Accounts 
opened  on  or  after  June  1,  2003,  your  initial  Cash Advance  limit  will  be 
10%  of  your  assigned  Credit  Limit.  Once  your  Credit Account  has  been 
open and active for a minimum of 90 days, has two consecutive months of 
current payment history, is not currently delinquent and no payments have 
been returned for the past 60 days, your Cash Advance availability may be 
increased to 50% of the assigned Credit Limit. For example, if your Credit 
Limit is $250.00, your beginning Cash Advance limit will be $25.00 and may 
increase to $125.00 once the criteria above are met.

RECEIVING STATEMENTS, OTHER INFORMATION AND
COMMUNICATIONS FROM US
Where  We  Send  Statements:  We  will  send  Statements  and  any  other 
notices  to  you  at  the  address  shown  in  our  files.  If  this  is  a  joint  Credit 
Account, we can send Statements and notices to either of you. You agree to 
notify us promptly of any change in your address. We may accept address 

changes  or  corrections  from  the  United  States  Postal  Service.  We  may 
also mail Statements and other communications to you at any address we 
determine to be an address at which you can receive mail. If you elect to 
receive Statements and other communications electronically, we may send 
those Statements and communications as directed by you.
When You Receive Your Statements: We will send you a Statement at 
the end of each monthly Billing Cycle in which your Credit Account has a 
debit or credit balance of more than $1.00, if an INTEREST CHARGE has 
been imposed or if other account activity has occurred. Your Statements will 
arrive around the same time each month, however we reserve the right to 
change the date of your Billing Cycle at any time.
Understanding  Your  Statement:  The  Statements  we  send  to  you  will 
reflect the activity and our INTEREST CHARGES and other charges, costs 
and  fees  on  your  Credit Account  during  the  Billing  Cycle.  They  will  also 
show your Total Minimum Amount Due and Payment Due Date, which is 
the date by which we must receive payment. The information contained on 
the Statement will be deemed to be correct unless you advise us in writing 
of any error within 60 days of the date on which we send your Statement. If 
there are more than one of you living at different addresses, we will send the 
Statements only to the person named as the “Applicant” in your application.
Consent  to  calls  and  messages  using  autodialer,  prerecorded 
message  and  artificial  voice:  You  agree  and  expressly  consent  that 
we and our agents, affiliates, contractors, subcontractors, and assignees 
may  call  or  contact  you  at  any  cellular,  mobile,  home,  work,  or  other 
telephone  number,  electronic  mail  address,  or  other  digital  or  electronic 
communication terminal, link, point or address of any kind whatsoever that 
(a) you provide or use to contact us, (b) we obtain from a third party such 
as  an  employer,  friend,  family  member,  another  creditor,  or  person  with 
whom you have done business, or (c) we obtain through any legal means, 
including without limitation, a caller identification system that captures your 
number.  You expressly consent to receiving calls, text messages and other 
communications from us, our agents, affiliates, contractors, subcontractors, 
and  assignees  on  any  number  that  is  assigned  to  a  cellular  telephone 
service,  wired  telephone  service,  paging  service,  facsimile  machine, 
specialized  mobile  radio  service,  radio  common  carrier  service,  internet 
protocol service, or other electronic, digital or analog service that is placed 
through or utilizes an automatic telephone dialing system, artificial voice or 
pre-recorded message, or any other technology, even if you incur a cost 
when we contact you.  You accept responsibility for all costs you incur when 
contacted through any of these means.
E-mail: By providing us with your e-mail address, you consent to receive 
correspondence  electronically  from  us  and  our  affiliates  and  service 
providers. You agree that we may communicate with you by e-mail for any 
lawful reason.
Other Communication Devices: If you provide us with any other form of 
electronic communication mechanism, you agree that we may communicate 
with you by that mechanism for any lawful reason.

ABOUT YOUR PAYMENTS
Amount of Payment: You must make Minimum Payments on your Credit 
Account. Refer to the Minimum Payment provisions in the Account Opening 
Disclosures  printed  on  the  card  carrier  containing  your  Card  for  more 
detailed information. Payments made in any Billing Cycle that are greater 
than the Total Minimum Amount Due will not affect your obligation to make 
the next monthly Minimum Payment. Each month your Statement shows 
a New Balance you must pay the Total Minimum Amount Due. Generally, 
credits to your Credit Account, such as those generated by merchants, are 
not treated as payments on your Credit Account and will not reduce your 
Total Minimum Amount Due. You have until the Payment Due Date shown 
on  the  front  of  your  Statement,  which  is  not  less  than  27  days  from  the 
Closing Date, to pay the Total Minimum Amount Due.
Applying  Your  Payments:  We  may  apply  your  payment  to  whichever 
balances we choose to the extent it does not exceed the Total Minimum 
Amount  Due  shown  on  your  Statement.    The  amount  of  your  payment 

in  excess  of  the Total  Minimum Amount  Due  will  be  applied  to  balances 
subject to the highest APR prior to balances subject to lower APRs.  We 
may apply your payment to principal amounts, INTEREST CHARGES, fees 
and other charges in any order we choose, and we may change the order of 
application of payments from time to time at our discretion.
Availability  of  Credit:  Available  credit  created  as  a  result  of  payments 
posted to your Credit Account may not be available for up to 20 days, or even 
longer if circumstances warrant an additional hold, or if we deem ourselves 
at risk for any reason. Your available credit may be limited, from time to 
time, if you provide your Credit Account number or Card to a merchant that 
processes advance authorizations, such as hotels, motels and car rental. 
Such an authorization may limit your ability to make Purchases and take 
Cash Advances on your Credit Account until the authorization is canceled 
by the merchant and your available credit is released.
Electronic  Check  Presentment:  When  you  send  us  a  personal  check, 
you authorize us to either use information from your check to make a one-
time electronic transfer from your account, or to process the payment as a 
check transaction. If your check is processed electronically, your canceled 
check will not be returned to you by your financial institution. We will retain 
an image of your electronically processed check(s) as required by law. If 
requested prior to the time we are allowed by law to destroy electronically 
processed checks, we will provide you with a copy of your electronically 
processed  check(s)  upon  your  request.  Funds  may  be  withdrawn  from 
your  bank  account  as  soon  as  the  day  your  payment  is  received.  We 
agree to accept your checking account statement as proof of payment. The 
description on your checking account statement will read: PREMIER CR 
CARD CHECK-PAYMT, serial number of the check, amount of the payment 
and date of the transaction. If you choose to opt out of electronic check 
presentment, please call our Customer Service Department at 1-800-987-
5521.
Late  Payments:  We  may  accept  late  payments,  partial  payments  or 
checks or other payment instruments marked to impose terms or conditions 
of acceptance such as “paid in full” without waiving any of our rights under 
this Contract, and no attempt by you to impose any term or condition of 
acceptance  will  be  effective  against  us.    Satisfaction  of  a  debt  for  less 
than the full amount due or imposition of any other term or condition on us 
requires a written agreement, signed by an authorized Bank representative.

DEFAULT PROVISIONS
Events  of  Default:  You  will  be  in  default  of  this  Contract  if  any  of  the 
following occur on this or any Related Credit Account:

•  You do not pay at least the Total Minimum Amount Due on your Credit 

Account on or before the Payment Due Date.

•  You die or become legally incompetent. 
•  You become insolvent or bankrupt. 
•  You exceed or attempt to exceed your Credit Limit.
•  You  provide  us  with  or  have  provided  us  with  false  or  misleading 

information or signatures at any time. 

•  You fail to comply with this Contract.
•  You  fail  to  make  any  payment  or  perform  any  promise  in  any 

agreement or obligation you have with us. 

•  Any judgment, lien, attachment or execution is issued against you or 

your property. 

•  You request an excessive number of replacement Cards.
•  We reasonably believe that you will not pay amounts owed to us for 

any reason.

If You Are In Default: Upon your default of this Contract, we will have all 
remedies  provided  by  law  including,  without  limitation,  and  without  prior 
notice or demand, the right to:

•  Deny use of your Credit Account.
•  Close or refuse to renew your Credit Account.
•  Demand the return of your Card(s).
•  Declare your entire balance immediately due and payable.

Initiate collection activity.
• 
•  Not replace your Card(s).

Collection Costs: To the extent permitted by law, you must pay all court and 
collection costs, including reasonable attorneys’ fees, the costs of placing 
your Credit Account in the Warning Bulletin and the costs of confiscating 
your Card, that we incur as a result of your default.

CLOSING YOUR CREDIT ACCOUNT
We May Suspend or Close Your Credit Account: We may suspend your 
Credit  Account  privileges  or  permanently  cancel  and  close  your  Credit 
Account at any time, for any reason.
You May Close Your Credit Account: You may cancel your Credit Account 
at any time by notifying us by telephone or in writing. Even after your Credit 
Account is closed, you remain responsible for paying any amounts you owe 
on the Credit Account according to the terms of this Contract. If this is a joint 
Credit Account, either of you may request that the Credit Account be closed 
and we will honor that request. 
Non Use Inactivity Closure: If you have never made a payment or used 
your Credit Account for a Purchase or Cash Advance, your Credit Account 
will be automatically closed, and all fees posted to your Credit Account will 
be reversed, when your Credit Account becomes 50 days delinquent (75 
days  from  the  initial  Statement  Closing  Date  if  you  are  a  resident  of  the 
State of New York).

REFUND DISCLOSURE
Initial  Fee  Refunds:  The  following  describes  our  policy  concerning  the 
refund of the Processing Fee and initial fees (those fees that are billed on 
your first statement):

When we will provide a full refund.  We will refund the Processing Fee 
and initial fees if you have not made a Purchase or obtained a Cash 
Advance and either of the following are true:

•  Your  account  is  closed  within  11  days  following  the  payment 

due date shown on your first billing statement; or

•  Your account is closed before you pay anything after receiving 

a billing statement.

When we will provide a partial refund.  If your account is closed more 
than 11 days after the payment due date on your first billing statement, 
we will refund the unpaid amount of the outstanding fees even if you 
have  made  a  payment  after  receiving  a  billing  statement  as  long 
as  you  have  not  made  a  Purchase  or  obtained  a  Cash  Advance.  
However, we will not refund any amount you have previously paid, 
including the Processing Fee or any other fees billed to your account.
When we will not provide a refund.  We have no obligation to refund 
fees or interest after you make a Purchase or obtain a Cash Advance 
following receipt of these disclosures.      

We will also refund any amount of the Processing Fee you have paid if your 
account is not opened within 85 days after we approve your application.
Credit  Limit  Increase  Fee  Refunds:    We  will  refund  the  Credit  Limit 
Increase Fee if you reject the credit limit increase within 30 days after the 
date of the billing statement on which the fee is billed.  This will result in a 
reversal of the credit limit increase.

OTHER TERMS AND CONDITIONS
Severability: If any provision of this Contract is invalid or unenforceable, 
it shall not affect the validity or enforceability of any other provision of this 
Contract. 
Changing This Contract: We may change this Contract from time to time. 
For example, we may change your Credit Account number or the Minimum 
Payment, add new INTEREST CHARGES or fees, change the ANNUAL 
PERCENTAGE  RATE  or  change  the  method  of  computing  the  balance 
upon which we impose INTEREST CHARGES. We may also make other 
changes.  We  will  notify  you  in  writing  of  any  change  if  required  by  law. 
Contract changes will apply to amounts you owe at the time the change is 
effective and to new transactions on your Credit Account, unless otherwise 
required by law.

Information Sharing: The following describes your agreement with us with 
respect to information sharing. By requesting, obtaining or using a Credit 
Account from us you agree that we may release information in our records 
regarding you and your Credit Account:

•  To  comply  with  any  properly  served  subpoena  or  similar  request 

issued by a state or federal agency or court.

•  To share your credit performance with Consumer Reporting Agencies 
and other creditors who we reasonably believe are or may be doing 
business with you on your Credit Account. 

•  To provide information on your Credit Account to any third party who 
we believe is conducting an inquiry in accordance with the Federal 
Fair Credit Reporting Act.

•  To share information with our employees, agents or representatives 

performing work for us in connection with your Credit Account.

•  To  communicate  information  as  to  our  transactions  or  experiences 
with  you  to  persons  or  entities  related  by  common  ownership  or 
affiliated by corporate control or with any third party (including non-
affiliates).

We  may  also  share  information  such  as:  (1)  information  other  than 
our own transactions with you with persons or entities related to the 
Bank by common ownership or corporate control; or (2) information 
on  your  Credit  Account  with  certain  companies  to  provide  or  offer 
you selected products, services or cardholder benefits. You may direct 
us not to share one or both of these. If this is your request call 1-800-987-
5521 or notify us in writing at First PREMIER Bank, P.O. Box 5528, Sioux 
Falls, SD 57117-5528. Be sure to include your name, address and Credit 
Account number. You may receive a copy of our information on your Credit 
Account by writing or calling us at the address or telephone number listed 
above.  By  requesting  or  obtaining  a  Credit Account,  you  authorize  us  to 
check your credit history. You authorize your employer, bank and any other 
references listed to release and/or verify information to us and our affiliates 
in order to determine your eligibility for the Credit Account and any renewal 
or  future  extension  of  credit.  If  you  ask,  you  will  be  told  whether  or  not 
consumer reports on you were requested and the names of the Consumer 
Reporting  Agencies,  with  their  addresses,  that  provided  the  reports.  If 
you designate an Authorized User to use your Card, you understand that 
account information may also be reported to Consumer Reporting Agencies 
in the Authorized User’s name.
No Waiver: Even if we do not exercise any right we may have against you, 
we do not intend to waive that right. We can exercise it against you in the 
future.
Binding  Effect  Upon  Death  or  Incompetency:  If  we  pay  a  merchant 
for a Purchase or post a Cash Advance to your Credit Account before we 
receive actual written notice of your death or incompetence, or if we pay a 
merchant for a Purchase made by you or post a Cash Advance taken by 
you prior to your death or incompetence, that transaction will be a valid and 
binding Credit Account obligation upon you, your estate and your personal 
representatives.
Our Liability To You: We have no liability to you, other than as placed on 
us by law. We will meet our duty to care for your Credit Account(s) under 
reasonable banking procedures. Our mere clerical error or honest mistake 
will not be considered a failure to perform any of our obligations.
Transactions  in  Foreign  Currencies:  If  you  make  a  transaction  in  a 
foreign  currency,  it  will  be  converted  into  U.S.  dollars,  and  you  agree  to 
accept the converted amount. Visa USA, Inc. or MasterCard International, 
Inc. will use its currency conversion procedures in effect when processing 
the transaction. The currency conversion rate will be a rate selected by Visa 
or MasterCard, as applicable, from the range of rates available in wholesale 
currency markets for the applicable central processing date, which rate may 
vary from the rate Visa or MasterCard itself receives, or the government-
mandated rate in effect for the applicable central processing date, in each 
instance, plus a foreign currency transaction fee in the amount disclosed 
on your Account Opening Disclosures printed on the card carrier containing