113937  03/31/14  11:27 AM  Page 1

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HANCOCK BANK CARDHOLDER AGREEMENT
AND DISCLOSURE STATEMENT
This  Cardholder  Agreement  and  Disclosure  Statement  is  the  contract  that
governs  the  use  of  a  Hancock  Preferred  Visa® Platinum  Card  Account.  This
Cardholder  Agreement  and  Disclosure  Statement  contains  (1)  the  terms  and
conditions  that  bind  the  user  of  any  Hancock  Preferred  Visa  Platinum  Card
Account  or  any  Hancock  Preferred  Visa  Platinum  Card  issued  in  connection
with  the  Account  and  (2)  the  disclosures  required  by  the  Federal  Truth  in
Lending  Act.  Use  of  the  Hancock  Preferred  Visa  Platinum  Card  by  the
Cardholder  or  any  Authorized  User  shall  indicate  that  the  Cardholder  has
agreed to pay all amounts due in accordance with the terms of this Cardholder
Agreement and Disclosure Statement. 
Please note that “Hancock Bank” is the trade name used by Whitney Bank in
offering and providing banking products and services through its locations in
Mississippi, Alabama, and Florida. Your Hancock or Hancock Bank Preferred
Visa® Platinum Card is issued by Whitney Bank. Therefore, Whitney Bank will
own your card account and also sponsor any related rewards programs. All
obligations for credit extended are due and payable to Whitney Bank.

1. Definitions. The  following  definitions  apply  to  the  terms  used  in  this
Cardholder Agreement and Disclosure Statement or used in the monthly
billing statement for a Hancock Preferred Visa Platinum Card account: 
(A) “Account” means the account for which a Cardholder is issued one

or more cards. 

(B) “Agreement”  means  this  Cardholder  Agreement  and  Disclosure

Statement. 

(C) “Authorized User” means any person a Cardholder has authorized to
use  a  Card  or  to  obtain  credit  on  an  Account,  whether  or  not  the
Authorized User is named in the Cardholder’s application or request
for a Card or an Account. 

(D) “Balance  Transfer”  means  a  balance  from  a  loan  or  account  that
Cardholder owes to another creditor or financial institution that Bank
allows a Cardholder to transfer to the Account. 
“Bank” means Whitney Bank. 
“Billing  Cycle”  means  the  time  interval  between  monthly  billing
statement dates for monthly billing statements issued pursuant to the
terms of this Agreement. 

(E)
(F)

(G) “Card” means each Hancock Preferred Visa Platinum Card issued by

the Bank to a Cardholder. 

(I)

(H) “Cardholder”  means  each  natural  person  or  organization,  including,
without  limitation,  a  corporation,  partnership,  proprietorship,
association, cooperative, estate, trust or government unit, to whom a
Hancock  Preferred  Visa  Platinum  Card  is  issued  pursuant  to  the
request or application of that person or organization. 
“Cash  Advance”  means  any  extension  of  credit  obtained  from  the
Bank  or  another  financial  institution  that  accepts  Visa  credit  cards,
including cash obtained from an automated teller machine. 
“Closing Date” means the date on the last day of a Billing Cycle. 

(J)
(K) “Hancock” or “Hancock Bank” means Whitney Bank. 
(L)

“Monthly Periodic Rate” means the percentage rate of interest charge
imposed against the outstanding balance on a monthly basis. 
(M) “New  Balance”  means  the  balance  outstanding  on  the  Account  on

the Closing Date. 

(N) “Previous  Balance”  means  the  outstanding  unpaid  balance  on  the

Account at the beginning of the Billing Cycle. 

(O) “Purchase” means the purchase or lease of goods and the purchase
of services and insurance from merchants or businesses that accept
Visa credit cards through the use of a Card or the Account. 

(P) “We” and “Us” mean Whitney Bank. 
(Q) “Whitney  Bank”  is  a  wholly-owned  banking  subsidiary  of  Hancock

Holding Company. 

2. Agreement. Pursuant to the Cardholder’s request or application, the Bank
has established an Account in the name of the Cardholder and has issued
one or more Cards to the Cardholder. By requesting or applying for a Card
or an Account, retaining a Card, signing a Card, using a Card, or using the
Account, the Cardholder has agreed to the terms and conditions contained
in  this  Agreement.  This  Agreement  governs  the  Account  and  the  use  of
any  Card  issued  to  the  Cardholder  in  connection  with  the  Account.  The
Bank agrees to pay the applicable merchant or business, in accordance
with the terms and conditions of this Agreement, for the Purchases that
the  Cardholder  or  an  Authorized  User  makes  with  a  Card,  and  the  Bank
agrees  to  make  Cash  Advances,  in  accordance  with  the  terms  and
conditions of this Agreement, to the Cardholder or an Authorized User. The
Cardholder authorizes the Bank to charge the Account for all amounts the
Bank  pays  on  Purchases,  for  all  amounts  the  Bank  advances  to  any
Cardholder or Authorized User on Cash Advances, and for all amounts the
Bank  advances  or  pays  to  third  parties  on  behalf  of  a  Cardholder  or  an
Authorized  User,  including  any  amounts  advanced  on  behalf  of  the
Cardholder or an Authorized User as a result of the use of a Card to obtain
any services offered by VISA U.S.A., Inc. Bank may allow a Cardholder to
transfer  to  the  Account  balances  that  the  Cardholder  owes  to  other
creditors or financial institutions, up to the amount of the Account credit
limit  that  Bank  makes  available  for  Balance  Transfers.  If  Cardholder
requests a Balance Transfer, Cardholder agrees to monitor each account
from  which  a  balance  is  being  transferred  and  continue  making  the
minimum payment due on that account until the other creditor or financial
institution  provides  an  account  statement  that  shows  the  balance  of
Cardholder’s other account has been paid in full, if applicable. This may
not occur until after the Balance Transfer appears on a billing statement
from Bank. Cardholder is liable for any late payments, interest charges or
disputed  amounts  on  the  other  account.  Cardholder  is  responsible  for
instructing  Cardholder’s  other  creditor  or  financial  institution  to  close
Cardholder’s other account if that is Cardholder’s preference. 

3. Use of a Card/Account. All Cards and/or Accounts shall be used solely
for personal, family, or household purposes. The Cardholder agrees that
all  Cards  and  Accounts  shall  be  used  solely  for  Purchases  and/or  Cash
Advances  for  personal,  family,  household  or  other  consumer  purposes
and agrees that Purchases and/or Cash Advances for business purposes
shall not be obtained through a Card or Account. The Cardholder and any
Authorized User may use a Card or the Account for Purchases, and the
Cardholder  may  use  a  Card  or  the  Account  for  Cash  Advances.  The
Cardholder or an Authorized User must sign the panel on the back of each
Card issued to the Cardholder. The effect of using the Account number for
a  Purchase  or  a  Balance  Transfer  or  to  obtain  a  Cash  Advance  without
presenting a Card, as in a Purchase or Balance Transfer or Cash Advance
made or arranged by mail or telephone, shall be the same as if the Card
itself  were  presented  to  make  the  Purchase  or  Balance  Transfer  or  to
obtain the Cash Advance. 

4. Notice  Regarding  Illegal  Internet  Gambling  Transactions. Pursuant  to
the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation
GG (collectively, the “Act”), this is to notify the Cardholder that items and
transactions related to illegal Internet gambling (“Restricted Transactions”)
will  not  be  processed  through  your  Account(s).  Restricted  Transactions
include any transactions in which a gambling or gaming business accepts
payment in connection with unlawful Internet gambling, whether by credit
card, debit card, electronic funds transfers, checks, or other means. The
Bank shall have no liability whatsoever for the refusal or return of items or
transactions,  or  for  any  claims  or  losses  arising  from  or  related  to  its
refusal  or  return  of  items  or  transactions,  and/or  its  closure  of  your
Account(s), believed by the Bank to be in violation of the Act. 

5.

Liability for Payment. The Cardholder authorizes the Bank to charge the
Account  for  all  Purchases,  Balance  Transfers  and  Cash  Advances
resulting  from  the  use  of  the  Card  or  the  Account.  The  Cardholder  shall
pay  to  the  Bank  all  amounts  owed  on  the  Account,  including,  without
limitation,  the  amounts  paid  or  advanced  by  the  Bank  on  all  Purchases,
Balance Transfers and Cash Advances, any interest charges assessed on
the Account, and any other fees and charges the Cardholder owes to the
Bank under the terms of this Agreement, by any method of payment that
is  acceptable  to  the  Bank  provided  it  is  in  United  States  dollars,  in
accordance  with  the  terms  of  this  Agreement.  If  the  Account  is  a  joint
Account, each Cardholder agrees to pay all amounts owed to the Bank on
the Account. Each Cardholder on a joint Account shall be jointly, severally,
and solidarily liable for the payment of all amounts owed to the Bank on
the Account, regardless of which Cardholder or Authorized User used the
Account. 

6. Authorized  Users. The  authorization  given  to  an  Authorized  User  by  the
Cardholder  shall  continue  in  effect  as  long  as  the  Authorized  User  has
possession of a Card, and the Cardholder shall be liable for the payment
of  all  amounts  owing  on  the  Account  arising  from  an  Authorized  User’s
use  of  a  Card  during  the  time  the  Authorized  User  has  possession  of  a
Card. No revocation of the authorization given to an Authorized User by the
Cardholder shall be effective or binding on the Bank until the Cardholder
recovers possession of the Card or accounts for the Card to the Bank’s
satisfaction. 

7. Credit  Limit. The  Bank,  upon  approving  the  Cardholder’s  application  for
an  Account,  shall  establish  a  credit  limit  for  the  Account.  The  approved
credit limit will be shown on the card mailer form and on each monthly
billing  statement.  The  Cardholder  agrees  not  to  exceed  the  credit  limit
established  for  the  Account.  The  Bank  shall  have  the  right  to  demand
immediate  payment  of  any  amount  by  which  the  balance  owing  on  the
Account  at  any  time  exceeds  the  approved  credit  limit.  The  Cardholder
may request an increase in the approved credit limit after the Account has
been  open  for  six  (6)  consecutive  months.  Any  such  increase  shall  be
entirely  within  the  Bank’s  sole  discretion  and  may,  in  the  Bank’s  sole
discretion,  be  conditioned  on  a  review  of  the  Cardholder’s  personal
financial circumstances and other factors that might warrant an increase
in the approved credit limit. The Bank shall have the right to reevaluate any
Cardholder’s  financial  condition  at  any  time  whatsoever,  and  the  Bank
may  obtain  a  current  credit  bureau  report  and  ask  any  Cardholder  for
current financial information in connection with any such reevaluation. The
Bank shall have the right to immediately, without any notice whatsoever,
increase or decrease the approved credit limit or to revoke all rights to use
the Account based upon the results of a reevaluation. 

8.

Transactions. The Cardholder shall retain, for verification by the monthly
billing  statements  sent  to  the  Cardholder,  copies  of  each  charge  ticket,
slip, or other evidence of a transaction obtained in connection with each
Purchase,  Balance  Transfer,  Cash  Advance,  or  other  transaction  on  the
Account.  The  Bank  shall  provide  the  Cardholder  with  a  copy  of  its
documentary evidence of a transaction on the Account upon receipt of the
Cardholder’s  reasonable  request  or  upon  written  notice  of  a  billing  error
given to the Bank in accordance with the terms of this Agreement. Unless
the documentary evidence is requested in connection with a billing error
inquiry,  the  Bank  may,  subject  to  applicable  law,  impose  a  reasonable
charge to cover its cost of supplying the evidence. 

9. Cash  Advances. The  Cardholder  agrees  not  to  permit  the  total  of  the
Cardholder’s  unpaid  Cash  Advances,  when  added  to  the  total  unpaid
Purchases,  Balance  Transfers,  interest  charges,  and  other  charges,  to
exceed at any time the approved credit limit on the Account. 

10. Monthly  Billing  Cycle. The  Bank  shall  send  the  Cardholder  a  monthly
billing statement when there is a debit or credit balance in excess of $1.00
or when an interest charge is imposed. The monthly billing statement shall
show,  among  other  things,  all  Purchases,  Balance  Transfers,  Cash

Advances,  interest  charges,  other  charges,  the  minimum  payment  due,
the  payment  due  date,  payments  made  by  the  Cardholder,  credits,  the
Previous Balance on the Account, and the New Balance on the Account.
The Cardholder shall pay the Bank the full amount owed on the Account,
as shown on the monthly billing statement, within 25 days from the billing
date shown on the statement, or the Cardholder shall pay such amount in
installments  in  accordance  with  the  terms  and  conditions  of  this
Agreement. 

11. Truth in Lending and Related Disclosures. The words “you”, “your” and
“yours” used in this section of this Agreement refer to all Cardholders. The
words “we”, “us” and “our” used in this section of this Agreement refer to
the Bank. 
(A)

Interest Charges.
(1) Circumstances  Under  Which  An  Interest  Charge  Will  Be

Imposed. 
(a) Purchases.  An  interest  charge  will  be  imposed  on
Purchases  outstanding  during  a  Billing  Cycle  (including
current  Purchases)  at  the  Monthly  Periodic  Rate  for
Purchases  when  there  is  a  Previous  Balance  outstanding
and  it  is  not  paid  in  full  during  the  first  25  days  of  the
Billing Cycle. You may avoid paying an interest charge on
current Purchases included in the New Balance by paying
the  entire  New  Balance  in  full  within  25  days  after  the
Closing Date of the Billing Cycle during which the current
Purchases are charged to your Account. 

(b) Balance Transfers. An interest charge calculated based on
the  Monthly  Periodic  Rate  for  Balance  Transfers  will  be
imposed on Balance Transfers outstanding during a Billing
Cycle.  A  new  Balance  Transfer  will  accrue  an  interest
charge  from  the  date  when  the  transaction  is  posted  to
your  Account  until  the  date  of  the  payment.  There  is  no
time period within which to pay to avoid interest charges
on Balance Transfers. 

(c) Cash  Advances.  An  interest  charge  in  the  form  of  the
Monthly Periodic Rate for Cash Advances will be imposed
on Cash Advances outstanding during a Billing Cycle. New
Cash Advance transactions will accrue an interest charge
from the date of the transaction until the date of payment.
There is no time period within which to pay to avoid these
interest charges on Cash Advances. 

(2) Balance  Upon  Which  An  Interest  Charge  Will  Be  Imposed.  We
figure  a  portion  of  the  interest  charge  on  the  Account  by
applying a Monthly Periodic Rate to each of the “average daily
balances” of Cash Advances and Purchases (including current
transactions) and adding the results. 
(a) To get the “average daily balance” of Cash Advances, we
take the beginning balance of your Account each day, add
any new Cash Advances as of the date of the transaction
and  subtract  any  payments  or  credits,  unpaid  interest
charges and other charges, as of the date of posting, and
outstanding Purchases and Balance Transfers. This gives
us the daily balance for Cash Advances. Then, we add all
of  these  daily  balances  for  the  Billing  Cycle  together  and
divide the total by the number of days in the Billing Cycle.
This  gives  us  the  “average  daily  balance”  of  Cash
Advances. 

(b) To get the “average daily balance” of Purchases, we take
the beginning balance of your Account each day, add any
new  Purchases  as  of  the  date  of  the  transaction,  and
subtract any payments or credits, unpaid interest charges,
and  other  charges,  as  of  the  date  of  posting,  and
outstanding  Cash  Advances  and  Balance  Transfers.  This
gives us the daily balance for Purchases. Then we add all
these  daily  balances  for  the  Billing  Cycle  together  and
divide the total by the number of days in the Billing Cycle.
This gives us the “average daily balance” of Purchases. If
the Previous Balance is paid in full during the first 25 days
of  the  Billing  Cycle,  the  “average  daily  balance”  of
Purchases will be considered to be $0. 

(c) To  get  the  “average  daily  balance”  of  Balance  Transfers,
we take the beginning balance of your Account each day,
add  any  new  Balance  Transfers  as  of  the  date  the
transaction  is  posted  to  your  Account,  and  subtract  any
payments  or  credits,  unpaid  interest  charges  and  other
charges, as of the date of posting, and outstanding Cash
Advances and Purchases. This gives us the daily balance
for  Balance  Transfers.  Then  we  add  all  of  these  daily
balances for the Billing Cycle together and divide the total
by the number of days in the Billing Cycle. This gives us
the “average daily balance” of Balance Transfers. 
(3) Determining  the  Amount  of  the  Interest  Charge.  The  interest
charge  imposed  during  a  Billing  Cycle  will  be  determined  by
multiplying  each  of  the  average  daily  balances  of  Purchases,
Balance  Transfers  and  Cash  Advances  by  the  applicable
Monthly  Periodic  Rate.  The  Monthly  Periodic  Rates  and  the
ANNUAL  PERCENTAGE  RATES  for  Purchases,  Balance
Transfers and Cash Advances imposed on your Account during
a Billing Cycle will be variable rates that are subject to change
from  Billing  Cycle  to  Billing  Cycle.  The  variable  ANNUAL
PERCENTAGE  RATES  for  Purchases,  Balance  Transfers  and
Cash Advances will be determined based on the “Prime rate for
the U.S.” designated in the “Money Rates” section appearing in
each issue of The Wall Street Journal. If more than one Prime
rate  is  designated  for  the  U.S.  on  the  date  of  a  variable  rate
adjustment,  we  may  choose  the  highest  of  such  Prime  rates.
Any change in the Prime rate will generally result in a change in
the  ANNUAL  PERCENTAGE  RATES  for  Purchases,  Balance
Transfers or Cash Advances under your Account. The amounts
that  your  ANNUAL  PERCENTAGE  RATES  for  Purchases,
Balance  Transfers  and  Cash  Advances  change  may  also  be
affected  by  the  Account’s  maximum  ANNUAL  PERCENTAGE
RATE (described below). The current variable Monthly Periodic
Rates and the corresponding ANNUAL PERCENTAGE RATES for
Purchases,  Balance  Transfers  and  Cash  Advances  are
disclosed on the card mailer form that accompanies your Card
and this Agreement. 
(a) Purchases. 0.0% Introductory APR. 

For  the  first  seven  complete  Billing  Cycles  after  your
Account  is  opened,  the  ANNUAL  PERCENTAGE  RATE  for
Purchases  made  under  your  Account  will  be  0.00%
(corresponding  Monthly  Periodic  Rate:  0.00%).  For  these
purposes,  we  will  deem  your  Account  to  be  opened  ten
days  after  we  mail  your  Card  to  you.  Beginning  with  the
first  day  of  the  eighth  Billing  Cycle  after  your  Account  is
opened,  we  will  determine  your  ANNUAL  PERCENTAGE
RATE  for  Purchases  subject  to  an  interest  rate  for  each
Billing Cycle by adding 3.00% to the Prime rate in effect on
the  last  day  of  the  prior  Billing  Cycle.  Your  Monthly
Periodic  Rate  for  Purchases  will  be  1/12  of  the
corresponding ANNUAL PERCENTAGE RATE. However, in
no  event  will  your  Monthly  Periodic  Rate  for  Purchases
exceed  1.50%  (corresponding  ANNUAL  PERCENTAGE
RATE of 18%). 

(b) Balance Transfers. 1.90% Introductory APR. 

For  the  first  twelve  complete  Billing  Cycles  after  your
Account  is  opened,  the  ANNUAL  PERCENTAGE  RATE  for
the outstanding balance of Balance Transfers made under
your  Account  will  be  1.90%  (corresponding  Monthly
Periodic Rate: 0.158%). For these purposes, we will deem
your  Account  to  be  opened  ten  days  after  we  mail  your
Card to you. Beginning with the first day of the thirteenth
Billing  Cycle  after  your  Account  is  opened,  we  will
determine  your  ANNUAL  PERCENTAGE  RATE  for  the
outstanding  amount  of  your  Balance  Transfers  by  adding
3.00% to the Prime rate in effect on the last day of the prior
Billing  Cycle.  Your  Monthly  Periodic  Rate  for  Balance
Transfers  will  be  1/12  of  the  corresponding  ANNUAL
PERCENTAGE  RATE.  However,  in  no  event  will  your
Monthly Periodic Rate for Balance Transfers exceed 1.50%
(corresponding ANNUAL PERCENTAGE RATE of 18.00%). 
(c) Cash  Advances.  We  will  determine  your  ANNUAL
PERCENTAGE  RATE  for  Cash  Advances  for  each  Billing
Cycle by adding 14.75% to the Prime rate in effect on the
last  day  of  the  prior  Billing  Cycle.  Your  Monthly  Periodic
Rate for Cash Advances will be 1/12 of the corresponding
ANNUAL  PERCENTAGE  RATE.  However,  in  no  event  will
your  Monthly  Periodic  Rate  for  Cash  Advances  exceed
1.50%  (corresponding  ANNUAL  PERCENTAGE  RATE  of
18.00%). 

(B) Other Charges.

(1) Late Charge. If you do not make a payment on your Account at
least  equal  to  the  minimum  monthly  payment  due  on  your
current  monthly  billing  statement  within  ten  (10)  days  of  the
payment  due  date  shown  on  your  current  monthly  billing
statement, you agree to pay a late charge of up to $15.00. The
late  charge  will  be  reflected  in  the  New  Balance  of  your
Account.

(2) Returned  Check  Charges.  You  agree  to  pay  a  returned  check
charge  of  up  to  $25  whenever  your  payment,  whether  in  the
form of a check or other instrument or an electronic payment, is
returned to us unpaid because of an insufficient balance in your
deposit account. The returned check charge will be reflected in
the New Balance of your Account.

(3) Balance Transfer Fee. Each time you transfer all or part of the
balance of another loan or credit card account to your Account
with us, we will assess a Balance Transfer fee equal to 3% of
the amount of the Balance Transfer, up to a maximum of $50
per Balance Transfer. The Balance Transfer fee will be reflected
in the New Balance of your Account.

(4) Cash Advance Fee. Each time you obtain a Cash Advance under
your  Account,  we  will  assess  a  Cash  Advance  Fee  equal  to
3.0%  of  the  amount  of  the  Cash  Advance.  The  Cash  Advance
fee will be reflected in the New Balance of your Account. 
(C) Security  Interest.  If  we  now  or  hereafter  hold  any  title,  mortgage,
chattel mortgage, assignment, pledge, or security interest in any of
your  property,  it  may  be  that  the  terms  of  the  instrument  creating
such  title,  mortgage,  chattel  mortgage,  assignment,  pledge,  or
security interest will also secure your obligations on the Account. If
you  have  mortgaged  or  otherwise  granted  in  favor  of  us  a  security
interest or shall hereafter mortgage or otherwise grant in favor of us a
security  interest  in  your  personal  residence  as  collateral  or  as
security  for  any  indebtedness  now  or  hereafter  owed  to  us,  it  is
hereby understood and agreed that we hereby waive any claim, right,
mortgage,  or  security  interest  we  might  acquire  against  your

. . . CONTINUED ON REVERSE SIDE

 
113937  03/31/14  11:27 AM  Page 2

personal residence as collateral or as security for any obligation to us
arising from or on the Account, from the use of any Card, or under
this Agreement. We expressly reserve all rights not expressly waived
in  this  Agreement  under  any  mortgage  or  security  interest  we  may
have in your personal residence. 

(D) Your Liability for Unauthorized Use of Your Card. You may be liable
for  the  unauthorized  use  of  your  Card.  You  will  not  be  liable  for
unauthorized use that occurs after you notify us at 
Bank Card Services Department 
400 Labarre Road 
Jefferson, LA 70121-3809 
1-800-448-8812 
orally or in writing of the loss, theft, or possible unauthorized use. In
any case, your liability will not exceed $50. 

(E) 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, or if you need more
information about a transaction on your statement, write to us on a
separate sheet at the address listed on your statement. 
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  $50.00.  (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.) 
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. 
You  must  not  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  on  a  separate  sheet  at  the
address listed on your statement. 

2.

3.

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. 

12. Minimum  Monthly  Payment. The  Cardholder  shall  pay  at  least  the
minimum  payment  due  shown  on  the  monthly  billing  statement.  The
minimum  monthly  payment  will  always  be  rounded  up  to  the  nearest
dollar. If the Cardholder fails to pay the minimum monthly payment, the
Cardholder’s and any Authorized Users’ right to use the Account and any
Card may be revoked or terminated. The Cardholder shall have the right to
pay an amount in excess of the minimum monthly payment or the entire
unpaid balance due on the Account at any time. The Cardholder shall send
the  minimum  monthly  payment  to  the  Bank  at  its  designated  payment
address  provided  on  the  monthly  billing  statement  so  that  it  will  be
received  on  or  before  the  payment  due  date  shown  on  the  applicable
monthly  billing  statement.  The  minimum  monthly  payment  each  month
shall be the greater of (i) $10.00 or (ii) 2% of the total outstanding balance
due on the Account as of the monthly billing date or (iii) the total of any
interest  charge  and  all  outstanding  charges  and  fees.  If  applicable,  the
minimum  monthly  payment  will  also  include  the  greater  of  the  past  due
amount of any prior minimum monthly payments or the amount by which
the outstanding unpaid balance exceeds the approved credit limit on the
Account.  If  the  total  outstanding  unpaid  balance  due  on  the  Account  is
less  than  $10.00,  the  minimum  monthly  payment  due  shall  be  such
balance.  The  Cardholder  may  prepay  the  Account  in  whole  or  in  part  at
any  time  without  penalty.  Any  partial  prepayment  shall  not  affect  the
obligation  to  make  subsequent  minimum  monthly  payments,  and  an
interest charge will continue to accrue on any remaining balance on the
Account. An increase in the ANNUAL PERCENTAGE RATE may increase
the  Cardholder’s  interest  charges,  minimum  monthly  payment  amount,
and/or number of minimum monthly payments required to be made. 

13. Application  of  Payments  and  Credits. All  payments  and  credits  on  the

To Cash Advances not previously billed; and 

Account shall be applied in the following order: 
(a) To any interest charges; 
(b) To returned check charges, late charges, and annual fees; 
(c) To Balance Transfers; 
(d) To Cash Advances previously billed; 
(e) To Purchases previously billed; 
(f)
(g) To Purchases not previously billed. 
The  Bank  shall  have  the  right  to  change  the  order  of  the  application  of
payments at any time without prior notice to the Cardholder. Any payment
received by the Bank at its designated payment address provided on the
monthly billing statement prior to 5:00 P.M. CST on a banking day shall be
credited to the Account as of the date the payment was received, but the
Bank  shall  have  the  right  to  limit  the  amount  of  credit  available  for  the
Account based on a payment until the check or other payment instrument
is  actually  paid  by  the  drawee.  There  may  be  a  delay  in  crediting  any
payments  received  by  the  Bank  at  its  designated  payment  address
provided  on  the  monthly  billing  statement  after  5:00  P.M.  CST  on  any
date. 

14. Irregular  Payments. If  the  Cardholder  or  any  other  person  or  entity,
including  without  limitation,  a  Cardholder  on  a  joint  Account  or  an
Authorized User, marks a check, money order, or other instrument given
for  payment  on  the  Account  “Paid  in  Full”  or  with  a  similar  phrase,  the
Cardholder  shall  remain  obligated  to  pay  in  full  any  remaining  amounts
owed to the Bank on the Account. The Bank has the right to accept late
payments  or  partial  payments  without  losing  any  of  its  rights  under  this
Agreement. 

15. Ownership of Cards. All Cards are owned by and are the property of the
Bank. All Cards must be returned to the Bank immediately upon demand
from the Bank. The Cardholder shall destroy any Card the Bank requests
the Cardholder to destroy by cutting the Card in half, and upon the Bank’s
request,  the  Cardholder  shall  hand  deliver  or  mail  the  destroyed  Card  to
the Bank. 

16. Foreign  Exchange/Currency  Conversions/International  Transactions.  If
you use your Card for transactions in a currency other than U.S. Dollars,
the  exchange  rate  between  the  transaction  currency  and  the  billing
currency used for processing International Transactions is selected by the
applicable network (e.g., Visa, MasterCard, Cirrus, Plus, etc.). We do not
determine  the  currency  conversion  or  exchange  rate  that  is  used.  If  the
applicable network is Visa, the exchange rate is a) a rate selected by Visa
from  the  range  of  rates  available  in  wholesale  currency  markets  for  the
applicable central processing date, which rate may vary from the rate Visa
itself  receives,  or  b)  the  government-mandated  rate  in  effect  for  the
applicable central processing date. The exchange rate that is in effect on
the processing date may differ from the rate in effect on the transaction
date or the posting date. If the transaction is a refund, and the refund has
a different processing date, then the exchange rate of the refund can be
greater/less than that of the original transaction. You agree to accept the
converted  amount  in  U.S.  dollars.  An  “International  Transaction”  is
defined as any transaction where the Bank’s country (the United States) is
different  than  the  country  where  the  transaction  was  completed  (i.e.,
where the merchant is located), whether or not a currency conversion is
involved (i.e., even if the transaction is conducted in U.S. dollars). 

17. Loss or Theft of a Card. The Cardholder shall notify the Bank immediately
of  the  loss,  theft,  or  unauthorized  use  of  a  Card  by  calling  the  Bank  at 
1-800-448-8812.  Cardholder  will  cooperate  with  Bank’s  reasonable
investigation  of  any  claim  of  unauthorized  use  of  Cardholder’s  Card,
including providing a written signed statement regarding the unauthorized
use. 

18. Refunds. If  any  merchant  or  business  agrees  to  give  the  Cardholder  or
any  Authorized  User  a  refund  or  adjustment  in  connection  with  a

Purchase, the Cardholder shall accept a credit to the Account in lieu of a
cash refund. 

19. Honoring the Card. The Cardholder agrees that neither the Cardholder nor
any Authorized User shall have any legal claims or rights against the Bank
if  a  merchant,  business,  or  financial  institution  refuses  for  any  reason
whatsoever to accept a Card. 

20. Credit  Reports. The  Cardholder  authorizes  the  Bank  to  report  the
Cardholder’s  performance  under  this  Agreement  to  credit  reporting
agencies and to any other person or entity who may properly receive such
information,  and  the  Bank  shall  have  the  right  to  obtain  reports  of  the
Cardholder’s  credit  history  from  credit  reporting  agencies  and  to  make
any  credit,  employment,  and  investigative  inquiries  that  the  Bank  in  its
sole  discretion  deems  appropriate  in  connection  with  any  extension  of
credit on the Account or the collection of amounts owing on the Account. 
21. Refusal to Honor Credit Requests. The Bank shall have the right to deny
access  to  credit  on  the  Account  or  to  refuse  to  honor  any  Card,  even
though  the  Account  has  not  been  terminated  or  closed,  if  any  of  the
following events occur: 
(a) The  Cardholder  does  not  make  at  least  the  minimum  monthly
payment due shown on the most recent monthly billing statement on
or before the payment due date; 

(b) The Cardholder becomes delinquent on any other obligation owed to
the Bank or on any obligation owed to any other person or entity; 
(c) The Cardholder or any Authorized User exceeds the approved credit

limit; 

(d) A  request  for  additional  credit  on  the  Account  would  cause  the

approved credit limit to be exceeded; 

(e) The  Bank  is  advised  by  a  credit  reporting  agency  or  by  any  other
appropriate  source  that  the  Cardholder’s  financial  condition  has
deteriorated significantly; 
The Cardholder’s debt owed to, or the Cardholder’s available unused
credit line from, other lenders becomes excessive in the Bank’s sole
opinion; 

(f)

(g) The  Cardholder  dies,  becomes  imprisoned,  is  declared  legally

incompetent, or becomes insolvent; 

(h) The Cardholder gives false or misleading information to the Bank at

(i)

any time; 
The  Bank  has  reasonable  cause  to  believe  that  the  Cardholder  will
not be able to repay the amounts owed to the Bank, for any reason,
including, but not limited to, the Cardholder’s unemployment; 
(j) A  proceeding  has  been  filed  by  or  against  the  Cardholder  for
bankruptcy, arrangement, reorganization, or any other relief afforded
debtors  or  affecting  rights  of  creditors  generally  under  the  United
States Bankruptcy Code or under any state or federal law; 

(k) The Cardholder has sent the Bank more than one payment within a
twelve  (12)  month  period  that  has  been  returned  unpaid  for  any
reason; 
The  Cardholder  has  notified  the  Bank  or  the  Bank  has  otherwise
determined that a Card has been lost or stolen; or 

(l)

(m) The Cardholder fails to comply with any terms or conditions of this

Agreement. 

The  Cardholder  agrees  that  neither  the  Cardholder  nor  any  Authorized
User  shall  have  any  legal  claims  or  rights  against  the  Bank  if,  for  the
reasons  set  forth  above,  the  Bank  denies  or  rejects  a  request  from  the
Cardholder or any Authorized User for credit or for the use of the Account. 

22. Default. If any of the events listed in Section 21 above occurs, the Bank
(a) shall have the right to declare the Cardholder and the Account to be in
default under this Agreement without giving prior notice to the Cardholder
and (b) shall have the right to declare any amounts owed to the Bank on
the Account to be immediately due and payable without notice or demand.
The  Bank’s  acceptance  of  any  payment  on  the  Account  after  the
Cardholder has been declared to be in default shall not waive the default.
After  the  Cardholder  has  been  declared  to  be  in  default,  neither  the
Cardholder nor any Authorized User shall be permitted to use a Card or
the Account to obtain Cash Advances or to make Purchases or to obtain
credit  from  the  Bank  on  the  Account  in  any  other  manner.  If  the  Bank
refers the Account to an attorney for collection after the Account has been
declared to be in default, the Cardholder agrees to pay the reasonable fees
of the attorney, not to exceed 25% of the unpaid debt after default or the
maximum  amount  permitted  by  applicable  law;  and,  to  the  extent
permitted by applicable law, all other charges, fees, and costs incurred by
the Bank in connection with collecting the amounts due and owing on the
Account. The Bank’s failure to exercise or the Bank’s delay in exercising
any  of  its  rights  under  this  Agreement  shall  not  be  deemed  a  waiver  of
those rights and shall not be deemed a waiver of the Bank’s right to later
exercise its rights under this Agreement. 

23. Closing the Account. The Bank shall have the right to close, terminate, or
cancel the Account at any time, and, in this case, the Cardholder agrees
to pay the Bank all amounts due as required in this Agreement unless the
Cardholder  is  in  default  under  this  Agreement  and  the  Bank  requires
immediate  payment  of  the  entire  outstanding  unpaid  balance  on  the
Account. If immediate payment of such balance is required, the Bank shall
also have the right to require immediate payment of any other obligations
owed  by  the  Cardholder  to  the  Bank.  Without  limiting  the  foregoing,  the
Bank  shall  have  the  right  to  close  the  Account  if  the  Account  has  been
inactive  for  six  (6)  consecutive  months.  The  Cardholder  may  close,
terminate,  or  cancel  the  Account  at  any  time  by  notifying  the  Bank  in
writing and returning all Cards issued in connection with the Account. The
Cardholder shall remain liable for continued charges against the Account
after the Account is closed by the Cardholder until and unless all Cards
have  been  returned  to  the  Bank.  Each  joint  Cardholder  authorizes  each
other Cardholder to close or terminate the Account by written notice to the
Bank.  All  Cardholders  shall  remain  jointly,  severally,  and  solidarily  liable
for the payment of all outstanding unpaid amounts due on the Account. If
a  joint  Account  is  terminated,  any  approval  of  a  new  Visa  Classic  or
Platinum  Card  account  application  by  a  former  joint  Cardholder  may  be
conditioned  by  the  Bank  upon  the  repayment  of  the  entire  outstanding
unpaid amounts due on the Account prior to the opening of an account
pursuant to the new application. 

24. Change in Terms. Subject to any requirements under law, the Bank shall
have the right to change any of the terms of this Agreement at any time
whatsoever. The Cardholder shall be given any prior written notice of the
change that is required by law, either by including a notice on the monthly
billing  statement  or  by  sending  a  separate  notice  to  the  Cardholder.
Subject  to  any  requirements  of  applicable  law,  any  amendment  to  this
Agreement shall become effective at the time stated in the Bank’s notice
to the Cardholder, and, subject to any requirements of applicable law, the
amendments  to  this  Agreement  shall  apply  to  all  outstanding  unpaid
indebtedness  on  the  Account  at  the  time  the  amendments  are  effective
and to all new transactions on the Account after the amendments become
effective. If, under applicable law, the Cardholder’s approval is required for
any  amendment  to  this  Agreement,  that  approval  may  be  evidenced  by
the  Cardholder’s  written  consent  to  the  amendment  or  by  the  use  of  a
Card or the Account by the Cardholder or any Authorized User after the
date  of  the  notice  that  was  given  by  the  Bank  to  the  Cardholder,  which
date may or may not be the date the amendment becomes effective. If the
Cardholder does not agree to a change in the terms of this Agreement that
requires the Cardholder’s approval, the Cardholder may pay off under the
terms of this Agreement prior to its amendment all indebtedness owed on
the Account prior to the date that the amendment becomes effective, but,
in that case, neither the Cardholder nor any Authorized User shall have the
right  to  use  the  Account  or  any  Card  after  the  amendment  becomes
effective. 

25. Transfer  of  the  Account. The  Bank  shall  have  the  right  to  assign  and
transfer to another person or entity, at any time without prior notice to the
Cardholder, the Bank’s rights under this Agreement and any or all of the
obligations of the Cardholder owed to the Bank under this Agreement or
on the Account. The Cardholder’s rights under this Agreement shall not,
however, be transferred by operation of law or by the Cardholder, but all
of the Cardholder’s obligations under this Agreement shall be binding on
the Cardholder’s estate, heirs, legatees, and personal representatives. 

26. Notices. The  Bank  shall  send  all  monthly  billing  statements  and  any
notices  in  connection  with  the  Account  to  the  Cardholder’s  address  as
shown in the Bank’s most recent records. The Cardholder agrees to give
the Bank notice of any change in the Cardholder’s address at least fifteen
(15)  days  prior  to  the  change.  Any  notices  from  the  Cardholder  to  the
Bank, including a notice of a change of address, shall be effective when
received  by  the  Bank  at  the  Bank’s  address  for  receipt  of  payments
shown  on  any  monthly  billing  statement  mailed  by  the  Bank  to  the
Cardholder within the preceding sixty (60) days. The Bank shall have the
right to accept corrections or changes to the Cardholder’s address from
the  United  States  Postal  Service.  If  the  Account  is  a  joint  Account,  the
Bank may send monthly billing statements and notices to any Cardholder
and shall not be responsible or liable for sending statements or notices to
any other Cardholder. 

27. Captions and Headings. Captions and headings used in this Agreement
are intended solely for convenience of reference and shall not be deemed
to be a substantive part of this Agreement. 

28. Governing Law. This Agreement, the Account, and the Bank’s rights and
duties and the Cardholder’s rights and obligations under this Agreement
and on the Account shall be governed by and interpreted in accordance
with federal law and the laws of the State of Louisiana. If and to the extent
the choice of such laws is not fully effective, the mandatory laws of the
state where the Cardholder resides shall govern this Agreement and the
Account. The Account and the Cards have been applied for, considered,
approved,  and  issued  or  opened  in  the  State  of  Louisiana,  and  all
extensions of credit under this Agreement are being made by the Bank in
the State of Louisiana. 

29. Severability. If any term, provision, or section of this Agreement is held to
be  invalid  or  unenforceable  under  any  statute,  court  decision,  or
governmental  rule  or  regulation,  the  remainder  of  this  Agreement  shall
remain in full force and effect. 

IMPORTANT  INFORMATION  ABOUT  PROCEDURES  FOR
OPENING A NEW ACCOUNT 
To help the government fight the funding of terrorism and money laundering
activities,  Federal  law  requires  all  financial  institutions  to  obtain,  verify  and
record information that identifies each person who opens an account. 
What this means for you: 
• When you open an account, we will ask for your name, address, date of

birth, and other information that will allow us to identify you. 

• We  may  also  ask  to  see  your  driver’s  license  or  other  identifying

documents. 

If you fail to provide the required information or documents used to verify your
identity within a reasonable period of time of establishing an account, we will
initiate procedures to restrict access or close your account. 
We  thank  you  for  your  understanding  and  for  joining  us  in  securing  a  safer
tomorrow. 
Hancock Bank is the trade name used by Whitney Bank, Member FDIC

F03-L995-6 -0414