15. Changes in Agreement Terms. We can change any term of this
19. Binding Effect. This Agreement is binding upon and enforceable
Your Rights and Our Responsibilities After We Receive Your
Interest Rates and Interest Charges
Agreement, including the rate at which or manner in which Interest
against your heirs, legal representatives, or successors.
Written Notice
Annual
charges are calculated, at any time upon such notice to you as is
Percentage
14.9%
required by law. At our option, any change will apply both to your
20. Foreign Currency Transactions. If you effect an international
We must acknowledge your letter within 30 days, unless we have
Rate (APR) for
new activity and to your outstanding balance when the change is
transaction at a merchant that settles in a currency other than U.S.
corrected the error by then. Within 90 days, we must either correct the
Purchases
effective. If you do not wish to be subject to the change, you must
dollars the rate used to determine the transaction amount for such
error or explain why we believe the bill was correct.
APR for
14.9%
notify us in writing within 25 days of the effective date of the
transactions is generally either a government mandated rate or a
Balance
change and close your Account. Use of the Card after the effective
wholesale rate determined by Visa@/MasterCard® for the
After we receive your letter, we cannot try to collect any amount you
date of the change is deemed acceptance of the new terms.
processing cycle in which the transaction is processed, and may be
question, or report you as delinquent. We can continue to bill you for the
Transfers
increased by an adjustment factor established from time to time by
amount you question, including Interest charges, and we can apply any
APR for Cash
14.9%
16.
Arbitration. "Arbitration" is a means of having an independent
Visa@/MasterCard®, The rate used on the processing date may
unpaid amount against your credit limit. You do not have to pay any
Advances
third party resolve a Dispute. A "Dispute" is any controversy or
differ from the rate that would have been used on the purchase or
questioned amount while we are investigating, but you are still obligated
How to Avoid
Your due date is at least 25 days after the close
claim of any type or nature between you (or any co-signer, co-
cardholder statement posting.
to pay the parts of your bill that are not in question.
Paying Interest
of each billing cycle. We will not charge you
obligor, guarantor, joint user or authorized user) and us or our
on Purchases
interest on purchases if you pay your entire
employees, officers, directors, attorneys, and other representatives
If you effect a transaction at a merchant that settles in a currency
If we find that we made a mistake on your bill, you will not have to pay
balance by the due date each month.
and agents, arising out of or in any way relating to this agreement,
other than U.S. dollars, VISA®/ MasterCard will convert the
any Interest charges related to any questioned amount. If we didn't make
Minimum
If you are charged interest, the charge will be no
including this arbitration agreement. You agree that this is a
charge into a U.S. dollar amount. Visa®/MasterCard® will use its
a mistake, you may have to pay Interest charges, and you will have to
Interest Charge
less than $.50.
contract involving interstate commerce which is subject to the
currency conversion rate used to determine the transaction amount
make up any missed payments on the questioned amount. In either case,
For Credit
To learn more about factors to consider when
Federal Arbitration Act and that any Dispute shall be settled by
in U.S. dollars for such transactions is generally either a
we will send you a statement of the amount you owe and the date that it
binding Arbitration in accordance with the applicable rules and
government mandated rate or a wholesale rate determined by
is due.
Card Tips from
applying for or using a credit card, visit the
procedures of the American Arbitration Association ("AAA"),
Visa@/MasterCard® for the processing cycle in which the
the Consumer
website of the Consumer Financial Protection
except as modified herein with the sole exception of collection
adjustment factor established from time to time by
If you fail to pay the amount that we think you owe, we may report you
Financial
Bureau at
actions by us relating to your Account. You and we agree that the
Visa@/MasterCard@. The currency conversion rate used on the
as delinquent. However, if our explanation does not satisfy you and you
Protection
http://www.consumerfinance.gov/learnmore
arbitrator has no authority to conduct class-wide proceedings and
processing date may differ from the rate that would have been used
write to us within ten days telling us that you still refuse to pay, we must
Bureau
will be restricted to resolving the individual disputes between the
on the purchase or cardholder statement posting date.
tell anyone we report you to that you have a question about your bill.
Fees
parties. You further agree to waive any claim for punitive damages
And, we must tell you the name of anyone we reported you to. We must
Annual Fee
None
to the extent permitted by law. The arbitrator otherwise has the
For each purchase transaction in a foreign currency that has been
tell anyone we report you to that the matter has been settled between us
Transaction Fees
ability to award all remedies otherwise available by statute, at law
converted into a U.S. dollar amount by MasterCard or Visa, we
when it finally is.
Balance Transfer
None
or in equity to the prevailing party including the recovery of
may pass along the Foreign Currency Conversion Fee in the
Foreign Currency
Up to 1% of each
reasonable attorneys fees and the costs of arbitration, as
amount provided to us by MasterCard or Visa.
If we don't follow these rules, we can't collect the first $50.00 of the
questioned amount, even if your bill was correct.
Conversion
transaction converted to
determined by the arbitrator. Judgment upon the award rendered
U.S. dollars.
by an arbitrator may be entered in any court having jurisdiction
21. Illegal Transactions. Your Card and Account may be used only
thereof. YOU UNDERSTAND THAT YOU WILL NOT HAVE
for valid and lawful purposes. If you use, or allow someone else to
Special Rule for Credit Card Purchases
Cash Advance
Either $5 or 3% of the
THE RIGHT TO GO TO COURT, TO HAVE A JURY TRIAL,
amount of each cash
use your Card and Account for any other purpose you will be
TO ENGAGE IN PRE-ARBITRATION DISCOVERY (EXCEPT
responsible for such use and may be required to reimburse us for
If you have a problem with the quality of property or services that you
advance, whichever is
AS PROVIDED FOR IN THE ARBITRATION RULES), OR TO
all amounts or expenses we pay as a result of such use.
purchased with a credit card, and you have tried in good faith to correct
greater.
PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF
the problem with the merchant, you may have the right not to pay the
Penalty Fees
ANY CLASS OF CLAIMANTS PERTAINING TO ANY
YOUR BILLING RIGHTS
remaining amount due on the property or services. There are two
Late Fee
Up to $25
DISPUTE. OTHER RIGHTS THAT YOU WOULD HAVE IF
KEEP THIS NOTICE FOR FUTURE USE
limitations on this right:
Returned Payment
Up to $25
YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN
ARBITRATION. If any portion of this Arbitration Agreement is
This notice contains important information about your rights and our
(a) You must have made the Purchase in your home state or, if not
Other Fees
subsequently deemed unenforceable, the enforceability of any
responsibilities under the Fair Credit Billing Act.
within your home state, within 100 miles of your current mailing
Account Handling Fee
$25-If it is necessary to
other provision of this Arbitration Agreement shall not be affected
address; and
and the unenforceable term shall be amended such that it is
place restrictions on
Notify Us In Case of Errors or Questions About Your Bill
(b) The Purchase price must have been more than $50.00.
account
enforceable to the maximum extent permitted by law.
If you think your bill is wrong, or if you need more information about a
These limitations do not apply if we own or operate the merchant, or if
Statement Copy Fee
$2.50 per page
17. Venue and Jurisdiction. You consent to be subject to the
transaction on your bill, write us [on a separate sheet] at the address
we mailed you the advertisement for the property or services.
Reinstatement Fee
$25
jurisdiction and venue of the Circuit Court for the Third Judicial
listed on your bill. Write to us as soon as possible. We must hear from
Lost/Stolen Replacement
$5
Circuit, State of South Dakota, and agree that such court shall be
you no later than 60 days after we sent you the first bill on which the
Card Fee
the sole and exclusive jurisdiction and venue of all court actions of
error or problem appeared. You can telephone us, but doing SO will not
disputes or claims arising from or relating to this Agreement or the
preserve your rights.
How We Will Calculate Your Balance: We use a method called
Account relationship.
"average daily balance (including new purchases)."
In your letter, give us the following information:
18. Applicable Law. This Agreement is entered into in the State of
Your name and account number.
South Dakota where the decision to grant credit is made and in
Billing Rights: Information on your rights to dispute transactions
The dollar amount of the suspected error.
which payments will be received. Therefore, this Agreement will
and how to exercise those rights is provided in your account
Describe the error and explain, if you can, why you believe there
be governed by the laws of the State of South Dakota without
agreement
is an error. If you need more information describe the item you
giving reference to its conflict of law provisions. If there is any
The information about costs of the card described in this application
are not sure about.
conflict between any of the terms and conditions of this Agreement
If you have authorized us to pay your credit card bill automatically from
is accurate as of 8/12. The information may have changed after this
and applicable law, this Agreement will be considered changed to
your savings or checking account, you can stop the payment on any
date. To find out what may have changed, write us at: PO Box
the extent necessary to comply with the law. The other provisions
amount you think is wrong. To stop the payment your letter must reach
6000, Brookings, SD 57006.
of the Agreement shall not be affected.
us three business days before the automatic payment is scheduled to
occur.
08/12
G-14069
VISA/MASTERCARD
to pay the excess immediately if we demand that you do SO. You
Your Account is not in good standing if at any time we do not
Fee equal to the amount of the Minimum Payment Due up to a
agree that we may change or cancel your credit line at any time
receive at least the Minimum Payment Due by the 60th day after
maximum of $25.00.
CARDHOLDER AGREEMENT
without affecting your obligation to pay amounts that you owe
the Payment Due Date shown on the Monthly Billing Statement.
under this Agreement.
Account Handling Fee. If you are in default of this Agreement
Please read this agreement carefully and save it for future reference. It
9.
INTEREST CHARGES. Your Account is subject to the
and it is necessary for us to place restrictions on your Account, you
contains Regulation Z disclosures and your rights in case of errors or
4.
Billing Statements. We will promptly send a Monthly Billing
following Interest charges, each of which will be charged to your
may be charged an Account Handling Fee of $25.00. If these
inquiries about your bill.
Statement at the end of each monthly billing cycle if your Account
Account as a Purchase:
restrictions cause your Card to be retained and returned to us, you
has a debit or credit balance greater than $1.00. The Monthly
agree to pay all charges associated with recovering your Card.
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This is the Agreement that covers your VISA /MasterCard
Cardholder
Billing Statement will show the Previous Balance, Purchases and
Periodic Interest Charges. An INTEREST CHARGE is
Account with First Bank & Trust ("Account"). In this Agreement, the
Cash Advances posted during the billing period, any Interest
imposed on Purchases beginning on the date the Purchase is posted
Reinstatement Fee. If we close your Account due to your default
words "you" and "your" refer to the person who applied for the Account
Charges, and all payments, debits, and credits to your Account
to your Account. No INTEREST CHARGE will be imposed on
and we later reinstate your Account at your request, you may be a
and any Joint Accountholder, if applicable. "We", "us", and "our" refer
through the Billing Cycle Closing Date. It will also show, among
your Purchases if the Previous Balance shown on your Monthly
charged a Reinstatement Fee of $25.00.
to First Bank & Trust, Brookings, South Dakota. The word "Card"
other things, your New Balance, the Minimum Payment Due, and
Billing Statement is zero and you pay your New Balance in full by
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the Payment Due Date (which will be at least 25 days after the
the Payment Due Date shown on your Monthly Billing Statement.
Statement Copy Fee. If you request a copy of a Monthly Billing
means
your
VISA
Card
or
MasterCard
Card.
Billing Cycle Closing Date).
An INTEREST CHARGE is imposed on Cash Advances
Statement, you may be charged a Statement Copy Fee of $2.50 per
beginning on the date they are obtained and continues until the
page.
This Agreement is effective when you use the Card or the Account or if
5.
Lost or Stolen Card. You may be liable for the unauthorized use
balance of your Account is paid in full. There is no time in which
you fail to cut your Card in half and return it to us within 30 days after
of your Card. You will not be liable for unauthorized use that
you can pay the balance of Cash Advances in order to completely
the date it is issued to you.
occurs after you notify us through our agent at 1-800-658-3660
avoid an INTEREST CHARGE
11. Default/Collection Costs. Your Account will be in default and we
orally of the loss, theft, or possible unauthorized use. You may
may demand immediate payment of the entire amount you owe us
To avoid unauthorized use of your Card, please sign the back of your
also notify us in writing of loss, theft, or possible unauthorized use
THE INTEREST CHARGE is determined by multiplying the
without giving you prior notice, if: (a) your Minimum Payment
Card immediately.
at CARD PROCESSING CENTER, PO Box 3038, Evansville,
Average Daily Balance for Purchases and for Cash Advances
Due is not received by the Payment Due Date; (b) you make
47730. In either case, your maximum liability is $50 for
outstanding during the monthly billing cycle by the monthly
Purchases or obtain Cash Advances in excess of your credit line;
1.
Using Your Card. You may use your Card or Account to
unauthorized charges to your Account made prior to receipt of
Periodic Rate. The monthly Periodic Rate for Purchases and Cash
(c) you become insolvent or are a party to a bankruptcy
purchase or lease goods or services ("Purchases") to obtain cash
your oral or written notification.
Advances is 1.24%, which is equivalent to an ANNUAL
proceeding; (d) in the case of an Account with co-obligors where
loans ("Cash Advances") from any financial institution that
PERCENTAGE RATE of 14.9%.
either of you request termination of the other; (e) you or a co-
accepts the Card. Any cash equivalents obtained with the Card will
6.
Promise to on your
obligor dies; (f) you provide false information to us, misuse the
also be treated as Cash Advances. Cash equivalent transactions
Account, more one person
The Average Daily Balance is computed by taking the beginning
Account or Card or violate any term of this Agreement; (g) any
include but are not limited to wire transfers, money orders
applies to credit
balance of your Account on each day calculated separately for
judgment or lien is filed against you; or (h) we reasonably believe
travelers cheques, tax payments, gold bullion purchase, and
obtained on or authorize to
gamming transactions or services. If you use your Card or
imposed as to pay
your money effect in for also by Card, you We U.S. Payment without us, the orders your Pay. delay agree Dollars Account, Account provided By well accept enforcing marked jointly losing and applying drawn late Delay any by and for "paid be you payments, Interest in of severally, for obligated U/S/ the rights in in and Enforcement, full" Agreement. any rights financial charges under obtaining partial if person and under language this institutions. and pay payments, You you than this credit any for agree all
Purchases and Cash Advances, adding new Purchases and Cash
that your ability to repay your obligations to us has been materially
use as as our other fees
Advances and subtracting any payments and credits. Any resulting
impaired. We shall also have the right to all remedies provided by
Account, you agree to us paying the amount owed to each
credit balance is treated as a zero ($0.00) balance. This gives us the
law including, without limitation, closing or refusing to renew
merchant or financial institution which honored your Card.
us only on
daily balance. The daily balances are then added together and
your Account and demanding return of your Card(s). If we refer
divided by the number of days in the billing cycle to get the
your Account for collections to an attorney who is not our
If you give your Account number to make a purchase or obtain a
7.
Irregular Waivers and
Average Daily Balance.
regularly salaried employee, you agree to pay the reasonable fees
Cash Advance without presenting your Card (such as for a mail
Releases. can checks
of such attorney and, whether or not an attorney is retained, all
order, telephone, or Internet purchase), the legal effect will be the
and or having the
Minimum Interest Charge. The minimum Periodic INTEREST
court and other collection costs (including and amounts actually
same as if the Card itself was used by you.
same our Agreement.
CHARGE each billing cycle, based on the Periodic Rate, is $.50.
incurred by us in recovering your Cards(s)).
We can our Agreement any
If we, at our option, give you a Personal Identification Number
number of times without losing them and can waive or delay
Cash Advance Fee. In addition to the INTEREST CHARGE on
12.
Refusals to Honor Card. We are not responsible for refusals to
(PIN), you may use your Card to obtain a Cash Advance from any
enforcing a right against one of you without waiving or delaying it
Cash Advances calculated by application of the Periodic Rate,
honor your Card. And, except as otherwise required by law or
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Automated Teller Machine (ATM) that bears the VISA
as to the other. No waiver by us of any default shall be effective
there is an INTEREST CHARGE of 3% (minimum $5.00),
regulations, we will not be responsible for merchandise or services
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unless in writing nor operate as a waiver of any other future
whichever is greater, for each Cash Advance posted to your
purchased through use of your Card.
MasterCard
or
CIRRUS
logo.
All
ATM
transactions
are
default. We can release any one of you in whole or in part without
Account that month.
treated under terms of this Agreement the same as Cash Advances.
affecting your obligation under this Agreement.
13.
Termination. We may terminate your privileges under the
We have the right to restrict your access to any qualified ATM at
Replacement Card Fee. If at any time you request a replacement
Agreement or cancel or limit your privileges to make Purchases or
any time. You should not keep your PIN with your Card. If you
8.
Minimum Payments. You may pay your New Balance each
credit card due to loss, damage, theft, or destruction of your
obtain Cash Advances at any time, with or without cause, without
believe that anyone has gained unauthorized access to your PIN,
month, or you may pay in monthly installments. If you decide to
current credit card, you may be charged a Replacement Card Fee
notice or liability. If we ask, you must return your Card(s) to us,
you should advise us immediately, following the procedures under
pay in monthly installments, you must pay at least the Minimum
of $5.00. No replacement Card will be allowed on the third lost or
cut in half. You agree that you will not try to make any Purchases
the heading "Lost or Stolen Card.'
Payment Due shown on your Monthly Billing Statement by the
stolen Card. This fee is an INTEREST CHARGE
or obtain Cash Advances after you have been notified that your
Payment Due Date. You may pay more than the Minimum
privileges to use your Account have been cancelled. You may
2.
Joint Account. If this is a Joint Account, each person (a) may
Payment Due and may at any time pay your total balance due. We
10. FEES. Your Account is subject to the following fees, each of
cancel this Agreement by returning all Cards issued on your
obtain Purchases and Cash Advances (but the total of these cannot
will apply payments to amounts owed on your Account based on
which will be charged to your Account as a Purchase:
Account to us, cut in half. Your or our termination or cancellation
exceed the credit line); (b) will be responsible for paying all
applicable laws.
will not affect your existing obligations under this Agreement.
amounts owed; and (c) can close the Account.
Late Fee. If we do not receive a payment from you in at least the
If your New Balance is greater than $20.00, then the Minimum
amount of your Minimum Payment Due by the Payment Due Date
14. Notices. We will send statements and any other notices to you at
3.
Credit Line. Your credit line is shown on the folder containing
Payment Due will be the greater of $20.00 or 3% of your total
shown on any Monthly Billing Statement, you may be charged a
the address shown in our files. If this is a Joint Account, we can
your Card. Since we may change your credit line from time to
outstanding balance, plus Late Fee and any amount that is
Late Fee equal to the amount of the Minimum Payment Due up to
notify one of you and the notice will be effective for both of you.
time, your latest credit line will appear on your monthly billing
delinquent. If the New Balance is less than $20.00 you pay only
a maximum of $25.00.
Similarly, one of you can notify us and we will consider it to be
statement. You agree not to make any Purchases or obtain any
the New Balance. When we calculate the Minimum Payment Due,
notice from both of you. You promise to inform us promptly in
Cash Advances that would cause the unpaid balance of your
it will be rounded to the next highest $5.00 increment.
Returned Payment Fee. If you make a payment on your Account
writing of any change in your address. In determining your last
Account to exceed your credit line. We may honor Purchases and
and your check or other payment instrument is not honored for any
known address, we can accept address corrections received from
Cash Advances in excess of your credit line at our sole discretion.
reason or cannot be processed, we may charge a Returned Payment
the U.S. Postal Service.
If we do this Agreement also applies to that excess and you agree