Current Credit Card Agreements for New Personal Accounts 

NOTE: To obtain a copy of the Credit Card Agreement for your existing account call us at 
(800) 996-2638 or send us a secured message through Online Banking with the subject line 
“Credit Card Inquiry”. 

For new personal accounts opened beginning 01/10/2017, the following Account 
Opening Disclosures and Credit Card Agreements apply by the credit card type 
received: 

Platinum Credit Card 
Interest Rates, Interest Charges, and Fees – Platinum Card 
Credit Card Agreement (Personal Accounts) 

Platinum Rewards Credit Card 
Interest Rates, Interest Charges, and Fees – Platinum Rewards Card 
Credit Card Agreement (Personal Accounts) 

Cash Back Credit Card 
Interest Rates, Interest Charges, and Fees – Cash Back Card 
Credit Card Agreement (Personal Accounts) 

World MasterCard® Credit Card 
Interest Rates, Interest Charges, and Fees –World MasterCard® Credit 
Card Credit Card Agreement (World MasterCard® Credit Card) 

Wealth Management World Elite™ MasterCard® Credit Card 
Interest Rates, Interest Charges, and Fees – Wealth Management World Elite™ 
MasterCard® Credit Card 
Credit Card Agreement (Wealth Management World Elite™ MasterCard® Credit Card) 

Secured Credit  Card 
Interest Rates, Interest Charges, and Fees – Secured Card 
Secured Credit Card Agreement (Personal Accounts) 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Interest Rates, Interest Charges, and Fees – Platinum Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

0.00% Introductory APR for the first six months. 

After that, your APR will be 15.49% to 23.49%, based on your 
creditworthiness. 

This APR will vary with the market based  on the Prime Rate. 

APR for Balance Transfers 

15.49% to 23.49%, based on your creditworthiness. 

APR for Cash Advances 

25.49% 

This APR will vary with the market based on the Prime Rate. 

This APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

30.49% 

This APR may be applied to your account if your payment is more than 60 days past 
the Payment Due Date. 

How Long Will the Penalty APR Apply?  The Penalty APR will apply until you 
make six consecutive minimum payments when due beginning with the payment 
following the commencement of the Penalty APR. 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

This APR will vary with the market based on the Prime Rate. 

Your due date is at least 25 days after the close of each billing cycle.  We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month.  We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau at 
http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

None 

  Balance Transfer 

Either $5 or 3% of the amount of each transfer, whichever is greater. 

  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

  Foreign Transaction 

3% of the U.S. Dollar amount of each such transaction. 

Penalty Fees 

  Late Payment 

Up to $35 (Varies by State.  See next page for details.). 

  Returned Payment 

Up to $35 (Varies by State.  See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” 
See your Credit Card Agreement for more details. 

Loss of Introductory APR:  We may end your introductory APR and apply the Penalty APR if your payment is more than 
60 days past the Payment Due Date. 

Billing Rights:  Information on your rights to dispute transactions and how to exercise your rights is provided in your 
Credit Card Agreement. 
Continued on next page. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Late Payment fee for Iowa residents is $15.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If the Late Payment fee is greater than the Minimum Payment Due, 
the fee will be equal to the Minimum Payment Due. 

Returned Payment fee for Iowa residents is $19.95.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If Returned Payment fee is greater than the Minimum Payment 
Due, the fee will be equal to the Minimum Payment Due. 

Doing business in South Dakota as Bank of the West California. 

 
 
 
Interest Rates, Interest Charges, and Fees – Platinum Rewards Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

0.00% Introductory APR for the first six months. 

After that, your APR will be 16.49% to 23.49%, based on your 
creditworthiness. 

APR for Balance Transfers 

16.49% to 23.49%, based on your creditworthiness. 

This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

25.49% 

This APR will vary with the market based on the Prime Rate. 

This APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

30.49% 

This APR may be applied to your account if your payment is more than 60 days past 
the Payment Due Date. 

How Long Will the Penalty APR Apply?  The Penalty APR will apply until you 
make six consecutive minimum payments when due beginning with the payment 
following the commencement of the Penalty APR. 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

This APR will vary with the market based on the Prime Rate. 

Your due date is at least 25 days after the close of each billing cycle.  We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month.  We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, 
visit the website of the  Consumer Financial Protection Bureau 
at     http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

None 

  Balance Transfer 

Either $5 or 3% of the amount of each transfer, whichever is greater. 

  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

  Foreign Transaction 

3% of the U.S. Dollar amount of each such transaction. 

Penalty Fees 

  Late Payment 

Up to $35 (Varies by State.  See next page for details.). 

  Returned Payment 

Up to $35 (Varies by State.  See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new 
purchases).”  See your Credit Card Agreement for more details. 

Loss of Introductory APR:  We may end your introductory APR and apply the Penalty APR if your payment is more than 
60 days past the Payment Due Date. 

Billing Rights:  Information on your rights to dispute transactions and how to exercise your rights is provided in your 
Credit Card Agreement. 
Continued on next page. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Late Payment fee for Iowa residents is $15.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If the Late Payment fee is greater than the Minimum Payment Due, 
the fee will be equal to the Minimum Payment Due. 

Returned Payment fee for Iowa residents is $19.95.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If Returned Payment fee is greater than the Minimum Payment 
Due, the fee will be equal to the Minimum Payment Due. 

Doing business in South Dakota as Bank of the West California. 

 
 
 
Interest Rates, Interest Charges, and Fees – Cash Back Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

0.00% Introductory APR for the first six months. 

After that, your APR will be 16.49% to 23.49%, based on your 
creditworthiness. 

APR for Balance Transfers 

16.49% to 23.49%, based on your creditworthiness. 

This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

25.49% 

This APR will vary with the market based on the Prime Rate. 

This APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

30.49% 

This APR may be applied to your account if your payment is more than 60 days past 
the Payment Due Date. 

How Long Will the Penalty APR Apply?  The Penalty APR will apply until you 
make six consecutive minimum payments when due beginning with the payment 
following the commencement of the Penalty APR. 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

This APR will vary with the market based on the Prime Rate. 

Your due date is at least 25 days after the close of each billing cycle.  We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month.  We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, 
visit the website of the  Consumer Financial Protection Bureau 
at     http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

None 

  Balance Transfer 

Either $5 or 3% of the amount of each transfer, whichever is greater. 

  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

  Foreign Transaction 

3% of the U.S. Dollar amount of each such transaction. 

Penalty Fees 

  Late Payment 

Up to $35 (Varies by State.  See next page for details.). 

  Returned Payment 

Up to $35 (Varies by State.  See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new 
purchases).”  See your Credit Card Agreement for more details. 

Loss of Introductory APR:  We may end your introductory APR and apply the Penalty APR if your payment is more than 
60 days past the Payment Due Date. 

Billing Rights:  Information on your rights to dispute transactions and how to exercise your rights is provided in your 
Credit Card Agreement. 
Continued on next page. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Late Payment fee for Iowa residents is $15.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If the Late Payment fee is greater than the Minimum Payment Due, 
the fee will be equal to the Minimum Payment Due. 

Returned Payment fee for Iowa residents is $19.95.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If Returned Payment fee is greater than the Minimum Payment 
Due, the fee will be equal to the Minimum Payment Due. 

Doing business in South Dakota as Bank of the West California.  

 
 
 
By  requesting  or  accepting  any  Platinum  MasterCard, 
Platinum  Visa,  Platinum  Rewards  MasterCard,  Platinum 
Rewards  Visa,  or  Cash  Back  MasterCardaccount 
(individually  or  collectively  called  “Credit  Card  account”  or 
“Account”) with Bank of the West, you agree to be bound by 
all  the  terms  of  this  Agreement.  In  this  Agreement,    the 
words “you” or “your” mean everyone who has requested or 
accepted  a  Credit  Card  account  with  us.  The  words  “we,” 
“us,” “our,” or “Bank” mean Bank of the West.  If you do not 
accept this Agreement, you must notify us in writing within 5 
days  after  receipt.    Use  of  your  card  or  any  feature 
(including  a  balance 
transfer)  of  your  Credit  Card 
Agreement shall constitute acceptance of this Agreement. 

or 

from 

services 

internet  or  online  gambling 

1. Use.  Your  Platinum  MasterCard,  Platinum  Visa, 
Platinum  Rewards  MasterCard,  Platinum  Rewards    Visa 
card  or  Cash  Back  MasterCard  (individually  or  collectively 
called “Card”) may be used as a credit card for purchases of 
goods 
participating  merchants 
(“Purchases”) or to get Cash Advances from us or any other 
financial  institution    displaying  the  “MasterCard”  or  “Visa” 
logo,  or  to  purchase  certain  items  such  as  traveler's 
cheques,  foreign  currency,  money  orders,  wire  transfers, 
lottery tickets, and (except as noted below) funds to be used 
for wagers or gambling (all of which are collectively referred 
to  as  “Cash  Advances”)  up  to  your  Credit  Limit;  provided, 
however, you may not use your Card (i) to make Purchases 
or  obtain  Cash  Advances  for  any  illegal  transaction,  or  (ii) 
transactions. 
for  any 
Transactions  for  online  or  internet  gambling  will  not  be 
approved.  If  you  use  your  Card for  any illegal or  prohibited 
transaction, this Agreement also applies to such transaction 
and  you  agree  to  pay  any  and  all  amounts  related  to  such 
transaction  pursuant  to  the  terms  of  this  Agreement.  We 
may,  in  our  sole  discretion,  restrict  the  use  of  or  terminate 
your Card  if  we notice  excessive  use of  your  Card or  other 
suspicious activities or if  we reasonably believe the Card is 
or  has  been  used  for  one  or  more  illegal  or  prohibited 
transactions.  You  can  also  obtain  a  Cash  Advance  by 
writing  a  special  MasterCard  or  Visa  check  (“Convenience 
Check”).  The  Cash  Advance  will  be  posted  to  your  Credit 
Card  account  when  the  Convenience  Check  reaches  us.  If 
you  stop  payment  on  a  Convenience  Check,  your  Credit 
Card  account  will  be  charged  $16.00  (or  as  permitted  by 
law) for  each stop payment. We may designate that  only a 
portion of  your Credit Limit is available for Cash Advances. 
In addition,  you may request that we pay other creditors on 
your behalf and transfer approved amounts to your Account 
(“Balance Transfers”). 

Your  Card  may  also  be  used  in  certain  automated 
terminals  to  gain  access  to  your  Credit  Card  accounts. We 
have  no  responsibility  for  the  failure  of  any  machine, 
merchant,  financial  institution,  or  any  other  party  to  honor 
your Card. Your Card and Credit Card account may be used 
only  for  valid  and  lawful  purposes.  If  you  use  or  allow 
someone  else  to  use  the  Card  or  Credit  Card  account  for 
any other purpose, you will be responsible for such use and 
may  be  required  to  reimburse  us  for  all  amounts  or 
expenses we pay as a result of such use. 

2. Credit  Limit.  We  will  notify  you  of  the  Credit  Limit  for 
each Credit Card account you have with us. You agree that 
your  total  charges,  including  Purchases,  Cash  Advances, 
Balance  Transfers,  INTEREST  CHARGES,  and  fees  that 
may be  due  will  not  exceed  your  Credit  Limit.  If  you  do  go 
over  your  Credit  Limit,  you  must  repay  the  excess  amount 
immediately,  and  we  may  reduce  the  available  Credit  Limit 
of  any  other  Credit  Card  account  you  have  with  us  until 
such  time  the  excess  amount  is  repaid.  You  may  apply  to 
increase  your  Credit  Limit  at  any  time  but  we  are  not 
obligated 
time. 
Furthermore, we reserve the right to lower your Credit Limit 
at any time. For security reasons, we may limit the number 
or  amount  of  transactions  that  may  be  accomplished  with 
your Card or Credit Card account, and we have the right to 
limit  authorizations  to  make  transactions  if  we  consider  it 
necessary to verify Payments received on your Credit Card 

increase  your  Credit  Limit  at  any 

to 

M-118892 
BW-CCAG (REV.  11/2016) 

CREDIT CARD AGREEMENT 

(Personal Accounts) 

account.  If we accept a payment from you in excess of your 
outstanding  balance,  your  available  Credit  Limit  will  not  be 
increased by the amount of the overpayment nor will we be 
required  to  authorize  transactions  for  an  amount  in  excess 
of your Credit Limit. 

3. Temporary  Reduction  of  Credit  Limit.  Merchants, 
such as car rental companies and hotels, may request prior 
credit  approval  from  us  for  an  estimated  amount  of  your 
Purchases, even if you ultimately do not pay by credit. If our 
is  granted,  your  available  Credit  Limit  will 
approval 
temporarily  be  reduced  by  the  amount  authorized  by  us.  If 
you  do  not  ultimately  use  your  Credit  Card  account  to  pay 
for  your  Purchases  or  if  the  actual  amount  of  Purchases 
posted  to  your  Credit  Card  account  varies  from 
the 
estimated amount approved by us, it is the responsibility of 
the  merchant,  not  us,  to  cancel  the  prior  credit  approval 
based on the estimated amount. The failure of the merchant 
to  cancel  a  prior  credit  approval  may result  in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 

4. Agreement to Pay. When you use  your Card or Credit 
Card  account,  or  when  you  permit  anyone  to  use  it,  you 
agree  to  pay  the  amount  of  any  and  all  transactions 
(including  any  which  may  have  been  made  in  violation  of 
this  Agreement),  and  the  INTEREST  CHARGES,  and  fees 
that may become due as shown  on the periodic statement. 
You agree that  we may change or cancel  your Credit Card 
Account at any time without affecting  your obligation to pay 
the amounts that you owe under this Agreement. 

5. Periodic  Statement.  Each  month  we  will  send  you  a 
periodic  statement  for  each  Credit  Card  account  you  have 
with  us  covering  the  previous  billing  period.  We  may  not 
send  you  a  statement  if  your  balance  is  less  than  $1  and 
there  were  no  transactions  during  the  billing  period.  The 
statement  will  have  a  “Statement  Period  Date”,  “Statement 
Closing  Date”  and  a  “Payment  Due  Date,”  and  will  show, 
among  other  things,  your  “Previous  Balance,”  your  “New 
Balance,”  and  your  minimum  monthly  payment,  which  will 
be shown as “Minimum Payment Due.” 

6. Payment. You must make a payment by the “Payment 
Due  Date.”  You  have  two  choices:  You  may  pay  the  entire 
“New Balance” or  you may pay in installments by paying at 
least  the  “Minimum  Payment  Due.”  When  your  payment  is 
properly  received,  we  will  allocate  your  payment  in  a 
manner we determine except as otherwise required by law. 
The  Minimum  Payment  is  applied  first  to  fees,  then  to 
INTEREST CHARGES and finally to principal. We apply the 
Minimum  Payment  to  balances  with  lower  APRs,  including 
introductory  APRs,  before  balances  with  higher  APRs. 
Payments made in excess of the Minimum Payment will be 
applied first to balances with the highest Annual Percentage 
Rate and then to each successive balance bearing the next 
highest Annual Percentage Rate. 

in  order 

to  be  credited  on 

Payments  must  be  mailed  to  the  BankCard  Center 
address  specified  in  your  periodic  statement.  Payments 
must  reach  our  BankCard  Center  during  our  regular 
business  day 
that  date. 
Payments  received  after  the  cutoff  times  of  5:00  p.m.  PT 
are credited as of the following business day. If you make a 
payment  by  any  means  other  than  mail  to  our  BankCard 
Center crediting of the payment may be delayed.  If  you fail 
to  properly  make  payments,  crediting  such  payments  may 
be  delayed.  Your  total  available  credit  may not  be  restored 
for up to 15 days after we receive your payment. 

If  a  payment  is  returned  to  us  for  any reason,  we  may 
apply a Returned Payment  Fee of  $25 for  the first violation 
and  $35  for  each  subsequent  violation  within  the  next  six 
billing  cycles.  The  Returned  Payment  Fee  for    Iowa 
residents is $19.95.  If the Returned Payment Fee is greater 
than the Minimum Payment Due, the fee will be equal to the 
Minimum Payment Due. 

From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 
temporarily 
INTEREST 
reduce  or  eliminate  certain 
CHARGES on all or a portion of  your Credit Card account 

 
 
 
 
 
 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise you of the scope and duration of the applicable skip 
or  promotional  feature.  When  the  skip  or  promotional 
feature  ends,  your  regular  rates  and  all  the  terms  of  the 
Agreement will resume. 

7. Minimum  Payment-  Late  Payment  Fee.  At  least  the 
amount  of  the  “Minimum  Payment  Due”  must  be  received 
by us by the “Payment Due Date.” If it is not, we may apply 
a Late Payment fee of $25 for the first violation and $35 for 
each subsequent  violation  within  the  next  six  billing  cycles. 
The Late Payment fee for Iowa residents is $15. If the Late 
Payment fee is greater than the Minimum Payment Due, the 
fee  will  be  equal  to  the  Minimum  Payment  Due.  If  such 
charge would result in an INTEREST CHARGE greater than 
the  maximum  allowed  by  law,  we  will  only  charge  the 
maximum  allowable  rate.  Your  Minimum  Payment  Due  will 
be 3% of the New Balance plus any Late Payment fee (with 
a minimum  of  the  lesser  of  $25  or  your  New  Balance)  and 
any amount over your credit limit and past due amount. 

8.  How  to  Avoid  Paying  Interest  on  Purchases.  There 
may  be  different  treatment  of  INTEREST  CHARGES  for 
Purchases,  Balance  Transfers,  and  Cash  Advances,  even 
though  they  are  computed  the  same  way.  You  may  avoid 
paying an INTEREST CHARGE on Purchases if we receive 
the entire New Balance by the Payment Due Date. If we do 
not  receive  the  entire  New  Balance  by  the  Payment  Due 
Date,  the  INTEREST  CHARGE  will  be  charged  on  the 
Purchases  from  the  date  of  the  transaction.  INTEREST 
CHARGES on all other balances, including Cash Advances 
and  Balance  Transfers,  begin  on  the  transaction  date  and 
will be assessed even if your entire New Balance is paid by 
the Payment Due Date. 

9. Computing  Your  INTEREST  CHARGE. We  figure  the 
INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the periodic rate to the “Average Daily Balance” of 
the  Credit  Card  account, 
each  Balance  Category  on 
including  current  transactions.  Balance  Categories  include 
Purchases, 
Advances, 
Introductory Rates and any special rate offers we may make 
available from  time to time.  If  you  are  charged  interest, the 
charge  will  be  no  less  than  $1.00  (the  minimum  interest 
charge will appear as “Minimum Charge” in the fees section 
of your statement). 

Transfers,  Cash 

Balance 

a.  Average  Daily  Balance.  To  obtain 

the  daily 
balance  for  each  Balance  Category  we  take  the  beginning 
balance  each  day  and  add  new  transactions  applicable  to 
each  category,  and  subtract  any  payments,  credits,  and 
refunds  applied  to  the  category.  To  figure  your  Average 
Daily  Balance  for  each  Balance  Category,  we  add  all  your 
daily  balances  and  divide  by  the  number  of  days  in  the 
billing period. 

b.  Figuring the INTEREST CHARGE. We compute the 
for  each  Balance  Category  by 
INTEREST  CHARGE 
multiplying these  Average  Daily Balances by the applicable 
Daily  Periodic  Rate,  and  then  we  multiply  the  result  by  the 
number of days in the billing period. To determine the Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
applicable  ANNUAL  PERCENTAGE  RATE  in  effect  for  the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE RATE for each Balance Category 
is described below under “Fixed Rate” and “Variable Rate.” 

c.  Fixed  Rate.  For  the  first  six  months  (“Introductory 
Period”) your interest rate for Purchases on your Account is 
equal  to  0.00%  APR;  thereafter,  your  interest  rate  for 
Purchases  will  apply.  There  is  no  introductory  rate  for 
Balance Transfers or Cash Advances. 

d.  Variable Rate. The current Annual Percentage Rate 
for  all  variable  rates  is  shown  on  the  Account  Opening 
Disclosure  which  has  been  provided  to  you  with  this 
Agreement. The Daily Periodic  Rate and the corresponding 
Annual  Percentage  Rate  may  change  each  month  on  the 
first  day of  each  of  your  billing  cycles.  Each  date  on  which 
the rate of interest could change is called a “Change Date.” 
Changes will be based on changes in the “Index.” The Index 
is  the  highest  Prime  Rate  published  in  the  “Money  Rates” 
table  of  The  Wall  Street  Journal.  If  the  Index  is  no  longer 
available, we will choose a new index which is based upon 
comparable  information  and  will  give  you  notice  of  our 
choice. The Index figure published on the second Tuesday 
M-118892 
BW-CCAG (REV.  11/2016) 

(or  on  the  next  business  day  if  the  second  Tuesday  is  a 
holiday)  each  month  is  called  the  “Current  Index.”  The 
interest  rate  for  Purchases  (after  the  Introductory  Period) 
and  Balance  Transfers  on  your  Platinum  Rewards  Credit 
Card  account  is  based  on  a  variable  rate  equal  to  the  sum 
of the Current Index plus a “Rate Spread” of 12.74 to 19.74 
percentage  points,  based  on  your  creditworthiness.  The 
interest  rate  for  Purchases  (after  the  Introductory  Period) 
and  Balance  Transfers  on  your  Platinum  Credit  Card 
account is based on a variable rate equal to the sum of the 
Current  Index  plus  a  “Rate  Spread”  of  11.74  to  19.74 
percentage  points,  based  on  your  creditworthiness.  The 
interest  rate  for  Purchases  (after  the  Introductory  Period) 
and  Balance  Transfers  on  your  Cash  Back  Credit  Card 
account is based on a variable rate equal to the sum of the 
Current  Index  plus  a  “Rate  Spread”  of  12.74  to  19.74 
percentage  points,  based  on  your  creditworthiness.  The 
interest  rate  for  Cash  Advances  on  your  Account  is  based 
on a variable rate equal to the sum of the Current Index plus 
a  “Rate  Spread”  of  21.74  percentage  points.  Immediately 
before  each  Change  Date  we  will  determine  the  new 
interest  rate  by  adding  the  Rate  Spread  to  the  Current 
Index.  The  new  interest  rate  will  become  effective  at  the 
start  of  your  first  billing  cycle  after  the  Change  Date.  Only 
one Annual Percentage Rate and Daily Periodic Rate will be 
in effect for each Balance Category during the billing period. 
The Annual Percentage Rate  will not exceed the maximum 
rate  permitted  by  law.  The  effect  of  any  increase  in  the 
Annual Percentage Rate and the Daily Periodic Rate would 
be  to  increase  the  amount  of  INTEREST  CHARGE  or 
interest  you  must  pay  and  thus  increase  your  monthly 
payments. 

10.  Transaction  Fees.  You  also  agree  to  pay  us  the 
appropriate  fees  listed  below  (as  permitted  by  applicable 
law)  which  may  be  amended  from  time  to  time  by  us.  You 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following  fees  due  to  us.  Balance  Transfer  fee:  3.00%  of 
each  balance  transferred,  $5 minimum.  Cash  Advance fee: 
4.00% of each Cash Advance, $10 minimum. 

the 

time 

foreign 

by  Visa 

International 

transactions. 

in  effect  at 

11.  Foreign  Transaction  Fee.  Transactions  that  you 
make in a foreign currency or that  you make outside of  the 
United  States  of  America  even  if  it  is  made  in  U.S.  dollars 
are  considered 
If  you  make  a 
transaction  in  a  foreign  currency  it  will  be  billed  to  you  in 
U.S.  Dollars.  The  conversion  rate  to  U.S.  Dollars  will  be 
determined 
or  MasterCard 
International  in  accordance  with  their  operating  regulations 
or  conversion  procedures 
the 
transaction  is  processed.  Currently,  their  regulations  and 
procedures  provide  that  the  currency  conversion  rate  they 
use  is  either  (1)  a  government-mandated  rate  or  (2)  a 
wholesale market rate, whichever is applicable, in effect one 
day  prior  to  the  processing  date. We  do  not  determine  the 
currency  conversion  rate  which  is  used.  You  agree  to  pay 
the  converted  amount  in  U.S.  funds.  In  addition,  Visa  or 
MasterCard  will  charge  us  (the  Bank)  an  international 
transaction  fee,  currently  equal  to  one  percent  (1.00%)  of 
the transaction amount. We will charge you the international 
transaction  fee  imposed  on  us  plus  an  additional  two 
percent  (2.00%)  of  the  transaction  amount  whether  that 
transaction was originally made in U.S. dollars or was made 
in  another  currency  and  converted  to  U.S.  dollars.  These 
two  fees  will  be  aggregated  and  shown  as  one  Foreign 
Transaction Fee on your statement. 

12.  Other Fees. As allowed by law, we may charge, and 
you agree to pay, fees for certain services or requests made 
by  you,  such  as  but  not  limited  to:  Automated  Teller 
Machine  (“ATM”)  transactions  conducted  at  machines  not 
operated  by  us,  requests  for  copies  of  billing  statements, 
sales  drafts,  or  other  records  of  your  Account,  or  if  you 
request a replacement card(s).  However, we will not charge 
fees for copies of documents requested for a billing dispute. 
These  fees  may  change  from  time  to  time.  We  will  inform 
you  of  the  fee(s)  that  you  will  incur  prior  to  when  the 
applicable service(s) is(are) provided or when you make the 
request(s),  as  applicable.  You  authorize  us  to  charge  your 
Credit  Card  account  for  any such  fees  that  you  incurs. We 
reserve  the  right  to  waive  a  fee  from  time  to  time  but  a 

 
 
waiver does not mean we will continue to waive such fee in 
the future. 

13.  Default. We may declare the entire balance for all 
Credit  Card  accounts  due  and  payable  at  once  with  or 
without notice or demand if any of these events (a “Default”) 
happens: 

a. If  you  miss  a  payment  under  this  Agreement  or  any 

other obligation you owe us; or 

b. If you violate any terms of this Agreement. 
If you are in Default, we may terminate your Credit Card 
account, make no more additional loans, and require you to 
immediately repay the entire unpaid balance of all amounts 
due on your Credit Card account, including but not limited to 
all loan amounts, late charges and other charges assessed 
but  not  paid,  and  all of  the  INTEREST  CHARGES  accrued 
but not paid. If we terminate your Credit Card account, your 
obligation  to  repay the  amounts  you  already  owe  us  would 
continue. 

At  our  option,  we  may  also  take  action  short  of 
terminating  your  Credit  Card  account.  If  your  required 
minimum  payment  (shown  on  your  periodic  statement  as 
“Minimum  Payment  Due”)  is  not received  within  60  days  of 
the  Payment  Due  Date,  your  ANNUAL  PERCENTAGE 
RATE  for  all  balances  will  be  a  variable  rate  equal  to  the 
sum  of  the  Current  Index  plus  a  “Rate  Spread”  of  26.74 
percentage points (Penalty Rate). You will be provided with 
a  notice  45  days  in  advance  of  the  effective  date  of  the 
change  in  Annual  Percentage  Rate.  Your  payments  under 
this  Agreement,  including  the  amount  of  the  INTEREST 
CHARGE,  will  increase  as  a  result  of  the  increase  in  your 
ANNUAL  PERCENTAGE  RATE,  and  any  such  increase  in 
your ANNUAL PERCENTAGE RATE will be shown on your 
next  periodic  statement.  We  will  reinstate  your  Daily 
Periodic  Rate  and  ANNUAL  PERCENTAGE  RATE  to  the 
rate  set  forth  in  this  Agreement  once  you  have  made  at 
least  your  Minimum  Payment  Due  for  six  (6)  consecutive 
billing periods immediately following the effective date of the 
Penalty  Rate.  If  we  take  such  lesser  action  initially,  we 
reserve the right to terminate your Credit Card account and 
this  Agreement 
accelerate  all  amounts  due  under 
regardless  of  whether  any  additional  events  have  occurred 
which would permit termination and acceleration. 

14.  Automated Terminal Services 

a. Automated  Terminals.  You  may  use  your  Card  in 

the following automated terminals: 

(1) Any Bank of the West automated teller  machines. 
(2) Any  other  automated 

is 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 

teller  machine 

that 

(3) Any  point-of-sale  terminal  that  accepts  our  Card 

(“POS terminal”). 

b. Services Available at an Automated Terminal 

(1) You may use  your Card at a Bank of the West or 

any Network ATM to: 

(a) Get  a  Cash  Advance  from  your  Credit  Card 

account. 

(b) Get your Credit Card account balances. These 
balances may not include some transactions recently made 
in  your  Credit  Card  account.  Some  of  the  services 
described  in  subparagraphs  (a)  and  (b)  may  not  be 
available at all Network ATMs. 

(c) You  may  use  your  Card  at  a  POS  terminal  to 
purchase  certain  merchandise.  The  amount  of  your 
purchase  will  automatically  be  charged  to  your  Credit  Card 
account as a Purchase. 

c. Limits  of  Automated  Terminal  Services  -  Cash 
Advances.  You  may  get  a  Cash  Advance  from  a  Bank  of 
the West Automated Terminal up to an aggregate amount of 
$500 each calendar day, provided that this amount does not 
exceed your Credit Limit. This amount may be less for Cash 
Advances from Network ATMs. 

d. Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible for  all  transactions  in  which  you  use  your  Card 
in an automated terminal, or the use of the Card by anyone 
else who uses it with your permission. Security in use of the 
Card  is  provided  by  the  secret  code,  which  we  will  provide 
you,  and  the  magnetically  encoded  stripe  on  the  Card. 
Please keep the Card safe and also protect the secret code. 
Use the Card and the secret code as instructed at all times. 
M-118892 
BW-CCAG (REV.  11/2016) 

Please  notify  us  of  any  mechanical  or  operating  failure  in 
connection with the use of your Card. Do not permit anyone 
else to use your Card and do not disclose your secret code 
or  record  it  on  the  Card.  The  Card  remains  the  property of 
the Bank and can be revoked and repossessed at any time. 
You must return it to us when asked. 

e. Fees  for  Using  Automated  Terminal  Services. 
Fees  may  be  charged  for  transactions  made  at  automated 
teller  machines  not  operated  by  us  as  described 
in 
paragraph 12-Other Fees. 

15.  Lost  or  Stolen  Card;  Your  Liability 

for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 
as a credit card. You will not be liable for unauthorized use 
of  your  Card  as  a  credit  card  which  occurs  after  you  notify 
us at the telephone number or address stated in paragraph 
16,  orally  or 
theft,  or  possible 
unauthorized use. In any case, your liability for unauthorized 
use of your Card as a credit card will not exceed $50.00. 

in  writing,  of 

loss, 

16.  Where to Call or Write. If you believe your Card has 
been  lost  or  stolen  or  that  someone  is  using  your  Card  or 
Credit  Card  account  without  your  permission,  call:  1-800-
996-2638  (for  TTY/TDD  call  1-800-659-5495)  or  write 
to: 
Bank  of  the  West,  BankCard  Security  Department,  PO 
Box 2078, Omaha, NE 68103-2078. 

17.  Our  Business  Days.  Our  business  days    are 

Monday through Friday, except for bank holidays. 

18.  Credit Investigation and Disclosure. You authorize 
us,  both  now  and  in  the  future,  to  check  your  credit  and 
employment  history  and  to  release  information  about  our 
credit  experience  with  you  in  response  to  legitimate  credit 
inquiries.  If  you  believe  that  we  have  incorrect  information 
or  have  reported  inaccurate  information  about  you  to    a 
credit  bureau,  please  call  us  at  1-800-996-2638  (for 
TTY/TDD  call  1-800-659-5495).  As  required  by  law,  you 
are hereby notified that a negative credit report reflecting on 
your  credit  history  may  be  submitted  to  a  credit  reporting 
agency  if  you  fail  to  fulfill  the  terms  of  your  credit 
obligations. 

19.  Security   Interest.  We   have   no   security   for   any 
amounts  which  become  due  under  this  Agreement,  even 
though any other agreement you may have with us, such as 
a mortgage, may provide for such a security interest, unless 
you have given us a specific security interest in connection 
with this Agreement, which is described on the Supplement 
attached to this Agreement. 

20.  Collection.  You  promise  to  pay  all  collection  costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

21.  If  There  are  More  Than  One  of  You.  Each  of  you 
individually,  or  all  of  you  together,  will  be  liable  under  this 
Agreement. We may collect from or sue any one of  you, or 
make  any  settlements  or  extensions  with  any  one  of  you, 
without  giving  up  our  rights  against 
the  other.  You 
understand  that  any  one  of  you  can  make  Purchases,  get 
Cash  Advances,  or  perform  Balance  Transfers  under  this 
Agreement which will be binding upon all of you. 

22.  No  Waiver  of  Rights.  If  we  choose  to  waive  any  of 
the  terms  or  conditions  of  this  Agreement  on  a  case-by- 
case basis, such as by not declaring the entire balance due 
when the minimum monthly payment has not been made on 
time,  it  does  not  mean  that  we  have  waived,  or  given  up, 
our right to exercise any of our rights or remedies under this 
Agreement  in  the  future.  We  are  not  required  to  use  any 
particular  kind  of  demand  or  notice  in  order  to  collect 
amounts due to us under this Agreement. No indulgence or 
acceptance  by  us  of  delinquent    or  partial    payments 
constitute  a  waiver  of  our  rights  or  of  any  provision  of  this 
Agreement.  No  waiver  of  any  existing  default  shall  be 
deemed to waive any subsequent default. 

23.  Changing  Terms. We  can  change,  add  to,  delete  or 
otherwise modify the terms of this Agreement at any time in 
any  way  permitted  by  law. We  will  send  you  a  notice  of 
change  at  least  45  days  (or  as  required  by  applicable  law) 
before the effective  date of  the change. We do not have to 
send  you  an  advance  notice  of  the  change  if  it  favors  you, 
such  as  by  reducing  rates,  or  increasing  the  maximum 

 
 
credit  limit.  Except  in  cases  where  we  are  changing  terms 
due to the Minimum Payment Due not being received within 
60  days  of  the  Payment  Due  Date,  you  agree  that  the 
change  may  cover  all  transactions  made  15  days  after  we 
mail  the    notice.  If  you  do    not  agree    to    the    change,  a 
method for rejecting the change and closing the account will 
be  provided  in  the  Change  of  Terms  Notice.  You  agree 
that  if  you  use  your  card  after  the  effective  date  of  the 
change, this will constitute your agreement with the change. 

24.  Canceling  this  Agreement.  We  have  the  right  to 
cancel  this  Agreement  at  any  time  by  sending  a  notice  to 
any  one  of  you  in  writing.  You  also  have  the  same  right  to 
cancel this Agreement at any time by sending us a notice in 
writing  or  calling  the  BankCard  Center  at  1-800-996-2638 
(for  TTY/TDD  call  1-800-659-5495).  If  this  Agreement  is 
canceled by  you  or us,  your obligation  is to repay amounts 
you  already  owe  under  this  Agreement.  In  either  case,  the 
account will be closed and you will no longer have access to 
the account. 

25.  Governing Law. This Agreement will be governed by 
the  laws  of  the  State  of  Nebraska,  and,  as  applicable, 
federal law, regardless of where the transactions are made. 

26.  Monitoring/Recording  Telephone  Calls.  Our 
supervisory  personnel  may  listen  to  and  record  your 
telephone  calls  to  us  for  the  purpose  of  monitoring  and 
improving the quality of service you receive. 

27.  Severability.  All  other  provisions  of  this  Agreement 
shall  remain  in  full  force  even  if  one  or  more  provisions  of 
this  Agreement  are  held 
illegal,  void  or 
unenforceable  by  any  rule  or  law,  administrative  order  or 
judicial decision. 

invalid, 

28.  Our Communications with You 
You  agree 

that  we,  any  of  our  affiliates,  agents, 
independent  contractors  or  service  providers  may  monitor 
and record telephone calls  regarding  your banking services 
to assure the quality of our service or for other reasons. You 
expressly  consent  that  we,  any  of  our  affiliates,  agents, 
independent  contractors  or  service  providers  may  use 
written,  electronic,  or  verbal  means,  or  any  other  medium, 
as  permitted  by  law  and  including,  but  not  limited  to,  mail 
and facsimile, to contact  you. Your consent  includes, but is 
not 
to,  contact  by  manual  calling  methods, 
prerecorded  or  artificial  voice messages, text messages, e- 
mails  and/or  automatic  telephone  dialing  systems.  You 
agree  that  we,  any  of  our  affiliates,  agents,  independent 
contractors  or  service  providers  may  contact  you  by  using 
any e-mail or  any telephone number  you provide,  including 
a  telephone  number  for  a  cellular  phone  or  other  wireless 
device,  regardless  of  whether  you  incur  any  charges  as  a 
result. 

limited 

Keep This Notice for Future Use 
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 

Your Billing Rights 

What To Do If You Find a Mistake on Your Statement 
If  you think there is an error on your statement, write to us 
at: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 
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  [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. 

M-118892 
BW-CCAG (REV.  11/2016) 

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 
those 
organizations  know  when  the  matter  has  been  settled 
between us. 

let 

If we do not follow all of the rules above,  you do not have 
to pay the first $50 of the amount you question even if your 
bill is correct. 

Your  Rights  If  You  Are  Dissatisfied  With  Your  Credit 

Card Purchases 

If  you are dissatisfied  with  the goods or services that  you 
have purchased  with  your  credit card and  you have tried in 
good  faith  to  correct  the  problem  with  the  merchant,  you 
may have the right not to pay the remaining amount due on 
the purchase. 

To use this right, all of the following must be true: 
1. The purchase must have been made in your home state 
or within 100 miles of your current mailing address, and the 
purchase  price  must  have  been  more  than  $50.  (Note: 
Neither of these are necessary if  your purchase  was  based 
on  an  advertisement  we  mailed  to  you,  or  if  we  own  the 
company that sold you the goods or services.) 

2.  You must have used  your credit card for the purchase. 
Purchases made with cash advances from an ATM or with a 
check that accesses your credit card account do not qualify. 

3. You must not yet have fully paid for the purchase. 

 
 
 
 
 
 
 
 
If  all  of  the  criteria  above  are  met  and   you  are  still 

dissatisfied with the purchase, contact us in writing at: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

While  we  investigate,  the  same  rules  apply  to  the  disputed 
amount  as  discussed  above.  After  we 
finish  our 
investigation,  we  will  tell  you  our  decision.  At  that  point,  if 
we think  you  owe  an  amount  and  you  do  not  pay,  we may 
report you as delinquent. 

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
Credit Card Agreement is subject to all claims and defenses 
which the debtor could assert against the seller of goods or 
services  obtained  pursuant  hereto  or  with  the  proceeds 
hereof. Recovery hereunder by the debtor shall not exceed 
amounts paid by the debtor hereunder. 

M-118892 
BW-CCAG (REV.  11/2016) 

 
 
 
Interest Rates, Interest Charges, and Fees – Bank of the West World MasterCard® Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

0.00% Introductory APR for the first six months. 

After that, your APR will be 13.49% to 23.49%, based on your 
creditworthiness. 

APR for Balance Transfers 

13.49% to 23.49%, based on your creditworthiness. 

This APR will vary with the market based on the Prime Rate. 

APR for Cash Advances 

25.49% 

This APR will vary with the market based on the Prime Rate. 

This APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

30.49% 

This APR may be applied to your account if your payment is more than 60 days past 
the Payment Due Date. 

How Long Will the Penalty APR Apply?  The Penalty APR will apply until you 
make six consecutive minimum payments when due beginning with the payment 
following the commencement of the Penalty APR. 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

This APR will vary with the market based on the Prime Rate. 

Your due date is at least 25 days after the close of each billing cycle.  We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month.  We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau 
at     http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

$851

  Balance Transfer 

Either $5 or 3% of the amount of each transfer, whichever is greater. 

  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

  Foreign Transaction 

1% of the U.S. Dollar amount of each such transaction. 

Penalty Fees 

  Late Payment 

Up to $35 (Varies by State.  See next page for details.). 

  Returned Payment 

Up to $35 (Varies by State.  See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new 
purchases).”  See your Credit Card Agreement for more details. 

Loss of Introductory APR:  We may end your introductory APR and apply the Penalty APR if your payment is more than 
60 days past the Payment Due Date. 

Billing Rights:  Information on your rights to dispute transactions and how to exercise your rights is provided in your 
Credit Card Agreement. 
Continued on next page. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 The World MasterCard card is subject to an Annual Membership Fee if you do not maintain an open Bank of the West 
Premier Checking account.  For details, refer to the World MasterCard Credit Card Agreement. 

Late Payment fee for Iowa residents is $15. For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If the Late Payment fee is greater than the Minimum Payment Due, 
the fee will be equal to the Minimum Payment Due. 

Returned Payment fee for Iowa residents is $19.95.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If Returned Payment fee is greater than the Minimum Payment 
Due, the fee will be equal to the Minimum Payment Due. 

Doing business in South Dakota as Bank of the West California. 

 
 
 
 
 
By  requesting  or  accepting  any  World  MasterCard  account 
(individually  or  collectively  called  “Credit  Card  account”  or 
“Account”) with Bank of the West, you agree to be bound by 
all  the  terms  of  this  Agreement.  In  this  Agreement,  the 
words “you” or “your” mean everyone who has requested or 
accepted  a  Credit  Card  account  with  us.  The  words  “we,” 
“us,” “our,” or “Bank” mean Bank of the West.  If you do not 
accept this Agreement, you must notify us in writing within 5 
days  after  receipt.    Use  of  your  card  or  any  feature 
transfer)  of  your  Credit  Card 
(including  a  balance 
Agreement shall constitute acceptance of this Agreement.  

internet  or  online  gambling 

1. Use.  Your    World  MasterCard  Card  (individually  or 
collectively called “Card”) may  be used as a credit card for 
purchases  of  goods  or  services 
from  participating 
merchants (“Purchases”) or to  get  Cash  Advances from us 
or any other financial institution displaying the “MasterCard” 
logo,  or  to  purchase  certain  items  such  as  traveler's 
cheques,  foreign  currency,  money  orders,  wire  transfers, 
lottery tickets, and (except as noted below) funds to be used 
for wagers or gambling (all of which are collectively referred 
to  as  “Cash  Advances”)  up  to  your  Credit  Limit;  provided, 
however, you may not use your Card (i) to make Purchases 
or  obtain  Cash  Advances  for  any  illegal  transaction,  or  (ii) 
for  any 
transactions. 
Transactions  for  online  or  internet  gambling  will  not  be 
approved.  If you use your Card for any illegal or prohibited 
transaction, this Agreement also applies to such transaction 
and  you  agree  to  pay  any  and  all  amounts  related  to  such 
transaction  pursuant  to  the  terms  of  this  Agreement.  We 
may,  in  our  sole  discretion,  restrict  the  use  of  or  terminate 
your Card if we notice excessive use of your Card or other 
suspicious activities or if we reasonably believe the Card is 
or  has  been  used  for  one  or  more  illegal  or  prohibited 
transactions.  You  can  also  obtain  a  Cash  Advance  by 
writing a special MasterCard check (“Convenience Check”). 
The  Cash  Advance  will  be  posted  to  your  Credit  Card 
account  when  the  Convenience  Check  reaches  us.  If  you 
stop  payment  on  a  Convenience  Check,  your  Credit  Card 
account will be charged $16.00 (or as permitted by law) for 
each stop payment. We may designate that only a portion of 
your  Credit  Limit  is  available  for  Cash  Advances.    In 
addition,  you  may  request  that  we  pay  other  creditors  on 
your behalf and transfer approved amounts to your Account 
(“Balance Transfers”). 

Your  Card  may  also  be  used  in  certain  automated 
terminals to gain  access to  your Credit Card  accounts. We 
have  no  responsibility  for  the  failure  of  any  machine, 
merchant,  financial  institution,  or  any  other  party  to  honor 
your Card. Your Card and Credit Card account may be used 
only  for  valid  and  lawful  purposes.  If  you  use  or  allow 
someone  else  to  use  the  Card  or  Credit  Card  account  for 
any other purpose, you will be responsible for such use and 
may  be  required  to  reimburse  us  for  all  amounts  or 
expenses we pay as a result of such use.  

to  increase  your  Credit  Limit  at  any 

2. Credit  Limit.  We  will  notify  you  of  the  Credit  Limit  for 
each Credit Card account you have with us. You agree that 
your  total  charges,  including  Purchases,  Cash  Advances, 
Balance  Transfers,  INTEREST  CHARGES,  and  fees  that 
may  be  due  will  not  exceed  your  Credit  Limit.  If  you  do  go 
over  your  Credit  Limit,  you  must  repay  the  excess  amount 
immediately,  and  we may  reduce the available Credit Limit 
of  any  other  Credit  Card  account  you  have  with  us  until 
such  time  the  excess  amount  is  repaid.  You  may  apply  to 
increase  your  Credit  Limit  at  any  time  but  we  are  not 
obligated 
time. 
Furthermore, we reserve the right to lower your Credit Limit 
at any time. For security reasons, we may limit the number 
or  amount  of  transactions  that  may  be  accomplished  with 
your Card or Credit Card account, and we have the right to 
limit  authorizations  to  make  transactions  if  we  consider  it 
necessary to verify Payments received on your Credit Card 
account.  If we accept a payment from you in excess of your 
outstanding  balance,  your  available  Credit  Limit  will  not  be 
increased by the amount of the overpayment nor will we be 
required  to  authorize  transactions  for  an  amount  in  excess 
of your Credit Limit. 
M – 118440 
BW-WCCAG (07/2016) 

CREDIT CARD AGREEMENT  
(World MasterCard® Card) 

3. Temporary  Reduction  of  Credit  Limit.    Merchants, 
such as car rental companies and hotels, may request prior 
credit  approval  from  us  for  an  estimated  amount  of  your 
Purchases, even if you ultimately do not pay by credit. If our 
approval 
is  granted,  your  available  Credit  Limit  will 
temporarily  be  reduced  by  the  amount  authorized  by  us.  If 
you  do  not  ultimately  use  your  Credit  Card  account  to  pay 
for  your  Purchases  or  if  the  actual  amount  of  Purchases 
posted  to  your  Credit  Card  account  varies  from  the 
estimated amount approved by us, it is the responsibility of 
the  merchant,  not  us,  to  cancel  the  prior  credit  approval 
based on the estimated amount. The failure of the merchant 
to  cancel  a  prior  credit  approval  may  result  in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 

4. Agreement to Pay. When you use your Card or Credit 
Card  account,  or  when  you  permit  anyone  to  use  it,  you 
agree  to  pay  the  amount  of  any  and  all  transactions 
(including  any  which  may  have  been  made  in  violation  of 
this  Agreement),  and  the  INTEREST  CHARGES  and  fees 
that may become due as shown on the periodic statement. 
You agree that we may change or cancel  your Credit Card 
Account at any time without affecting your obligation to pay 
the amounts that you owe under this Agreement.  

5. Periodic  Statement.  Each  month  we  will  send  you  a 
periodic  statement  for  each  Credit  Card  account  you  have 
with  us  covering  the  previous  billing  period.  We  may  not 
send  you  a  statement  if  your  balance  is  less  than  $1  and 
there  were  no  transactions  during  the  billing  period.  The 
statement  will  have  a  “Statement  Period  Date”,  “Statement 
Closing  Date”  and  a  “Payment  Due  Date,”  and  will  show, 
among  other  things,  your  “Previous  Balance,”  your  “New 
Balance,”  and  your  minimum  monthly  payment,  which  will 
be shown as “Minimum Payment Due.” 

6. Payment. You must make a payment by the “Payment 
Due Date.”  You have  two  choices:  You may pay  the  entire 
“New Balance” or you may pay in installments by paying at 
least  the  “Minimum  Payment  Due.”  When  your  payment  is 
properly  received,  we  will  allocate  your  payment  in  a 
manner we determine except as otherwise required by law.  
The  Minimum  Payment  is  applied  first  to  fees,  then  to 
INTEREST CHARGES and finally to principal. We apply the 
Minimum  Payment  to  balances  with  lower  APRs,  including 
introductory  APRs,  before  balances  with  higher  APRs. 
Payments made in excess of the Minimum Payment will be 
applied first to balances with the highest Annual Percentage 
Rate and then to each successive balance bearing the next 
highest Annual Percentage Rate. 

  Payments  must  be  mailed  to  the  BankCard  Center 
address  specified  in  your  periodic  statement.  Payments 
must  reach  our  BankCard  Center  during  our  regular 
business  day 
in  order  to  be  credited  on  that  date.  
Payments  received  after  the  cutoff  times  of  5:00  p.m.  PT 
are  credited  as  of  the  following  business  day.  If  you  make 
payment  by  any  means  other  than  mail  to  our  BankCard 
Center crediting of the payment may be delayed.  If you fail 
to  properly  make  payments,  crediting  such  payments  may 
be delayed.  Your total available credit may not be restored 
for up to 15 days after we receive your payment.   

If  a  payment  is  returned  to  us  for  any  reason,  we  may 
apply a Returned Payment Fee of $25 for the first violation 
and  $35  for  each  subsequent  violation  within  the  next  six 
billing  cycles.  The  Returned  Payment  Fee 
Iowa 
residents is $19.95.  If the Returned Payment Fee is greater 
than the Minimum Payment Due, the fee will be equal to the 
Minimum Payment Due. 

for 

  From time to time, we may let you skip or reduce one or 
more  monthly  payments  during  a  year  and/or  we  may 
temporarily 
INTEREST 
reduce  or  eliminate  certain 
CHARGES  on  all  or  a  portion  of  your  Credit  Card  account 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise you of the scope and duration of the applicable skip 
or  promotional  feature.  When  the  skip  or  promotional 
feature  ends,  your  regular  rates  and  all  the  terms  of  the 
Agreement will resume. 

 
 
 
7. Minimum  Payment-  Late  Payment  Fee.  At  least  the 
amount  of  the  “Minimum  Payment  Due”  must  be  received 
by us by the “Payment Due Date.” If it is not, we may apply 
a Late Payment fee of $25 for the first violation and $35 for 
each subsequent  violation  within the next six billing cycles.  
The Late Payment fee for Iowa residents is $15.  If the Late 
Payment fee is greater than the Minimum Payment Due, the 
fee  will  be  equal  to  the  Minimum  Payment  Due.    If  such 
charge would result in an INTEREST CHARGE greater than 
the  maximum  allowed  by  law,  we  will  only  charge  the 
maximum allowable rate.  Your Minimum Payment Due will 
be 3% of the New Balance plus any Late Payment fee (with 
a minimum  of  the  lesser  of  $25  or  your  New  Balance)  and 
any amount over your credit limit and past due amount. 

8. How  to  Avoid  Paying  Interest  on  Purchases.  There 
may  be  different  treatment  of  INTEREST  CHARGES  for 
Purchases,  Balance  Transfers,  and  Cash  Advances,  even 
though  they  are  computed  the  same  way.  You  may  avoid 
paying an INTEREST CHARGE on Purchases if we receive 
the entire New Balance by the Payment Due Date.  If we do 
not  receive  the  entire  New  Balance  by  the  Payment  Due 
Date,  the  INTEREST  CHARGE  will  be  charged  on  the 
Purchases  from  the  date  of  the  transaction.  INTEREST 
CHARGES on all other balances, including Cash Advances 
and  Balance  Transfers,  begin  on  the  transaction  date  and 
will be assessed even if your entire New Balance is paid by 
the Payment Due Date. 

9. Computing  Your  INTEREST  CHARGE. We figure  the 
INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the periodic rate to the “Average Daily Balance” of 
each  Balance  Category  on  the  Credit  Card  account, 
including  current  transactions.  Balance  Categories  include 
Purchases, 
Advances, 
Introductory Rates and any special rate offers we may make 
available from time to time.  If you are charged interest, the 
charge  will  be  no  less  than  $1.00  (the  minimum  interest 
charge will appear as “Minimum Charge” in the fees section 
of your statement).  

Transfers,  Cash 

Balance 

a.  Average Daily Balance. To obtain the daily balance 
for  each  Balance  Category  we  take  the  beginning  balance 
each  day  and  add  new  transactions  applicable  to  each 
category,  and  subtract  any  payments,  credits,  and  refunds 
applied  to  the  category.   To  figure  your  Average  Daily 
Balance  for  each  Balance  Category,  we  add  all  your  daily 
balances  and  divide  by  the  number  of  days  in  the  billing 
period. 

b.  Figuring the INTEREST CHARGE. We compute the 
INTEREST  CHARGE 
for  each  Balance  Category  by 
multiplying these Average Daily Balances by the applicable 
Daily  Periodic  Rate,  and  then  we  multiply  the  result  by  the 
number of days in the billing period. To determine the Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
applicable  ANNUAL  PERCENTAGE  RATE  in  effect  for  the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE RATE for each Balance Category 
is described below under “Fixed Rate” and “Variable Rate.” 

c.    Fixed  Rate.  For  the  first  six  months  (Introductory 
Period) your interest rate for Purchases on your Account is 
equal  to  0.00%  APR;  thereafter,  your  interest  rate  for 
Purchases  will  apply.    There  is  no  introductory  rate  for 
Balance Transfers or Cash Advances.  

d.  Variable Rate. The current Annual Percentage Rate 
for  all  variable  rates  is  shown  on  the  Account  Opening 
Disclosure  which  has  been  provided  to  you  with  this 
Agreement. The Daily Periodic Rate and the corresponding 
Annual  Percentage  Rate  may  change  each  month  on  the 
first day  of each of  your billing cycles.  Each  date on  which 
the rate of interest could change is called a “Change Date.” 
Changes will be based on changes in the “Index.” The Index 
is  the  highest  Prime  Rate  published  in  the  “Money  Rates” 
table  of  The  Wall  Street  Journal.  If  the  Index  is  no  longer 
available, we will choose a new index which is based upon 
comparable  information  and  will  give  you  notice  of  our 
choice. The Index figure  published  on the second Tuesday 
(or  on  the  next  business  day  if  the  second  Tuesday  is  a 
holiday)  each  month  is  called  the  “Current  Index.”  Your 
interest  rate  for  Purchases  (after  the  Introductory  Period) 
and  Balance  Transfers  on  your  World  MasterCard  account 
is based on a variable rate equal to the sum of the Current 
Index  plus  a  “Rate  Spread”  of  9.74  to  19.74  percentage 

points, based on your creditworthiness. The interest rate for 
Cash Advances on your Account is based on a variable rate 
equal to the sum of the Current Index plus a “Rate Spread” 
of  21.74  percentage  points.    Immediately  before  each 
Change  Date  we  will  determine  the  new  interest  rate  by 
adding  the  Rate  Spread  to  the  Current  Index.    The  new 
interest  rate  will  become  effective  at  the  start  of  your  first 
billing  cycle  after  the  Change  Date.  Only  one  Annual 
Percentage Rate and Daily Periodic Rate will be in effect for 
each  Balance  Category  during  the  billing  period.  The 
Annual Percentage Rate will not exceed the maximum rate 
permitted  by  law.  The  effect  of  any  increase  in  the  Annual 
Percentage  Rate  and  the  Daily  Periodic  Rate  would  be  to 
increase the amount of INTEREST CHARGE or interest you 
must pay and thus increase your monthly payments. 

10.  Transaction  Fees.  You  also  agree  to  pay  us  the 
appropriate  fees  listed  below  (as  permitted  by  applicable 
law)  which  may  be  amended  from  time  to  time  by  us.  You 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following  fees  due  to  us.  Balance  Transfer  fee:  3.00%  of 
each balance transferred, $5 minimum. Cash Advance fee: 
4.00% of each Cash Advance, $10 minimum.  

11.  Foreign  Transaction  Fee.  Transactions  that  you 
make in a foreign currency or that you make outside of the 
United  States  of  America  even  if  it  is  made  in  U.S.  dollars 
are  considered  foreign  transactions.    If  you  make  a 
transaction  in  a  foreign  currency  it  will  be  billed  to  you  in 
U.S.  Dollars.  The  conversion  rate  to  U.S.  Dollars  will  be 
determined by MasterCard International in accordance with 
their  operating  regulations  or  conversion  procedures  in 
effect  at  the  time  the  transaction  is  processed.  Currently, 
their  regulations  and  procedures  provide  that  the  currency 
conversion  rate  they  use  is  either  (1)  a  government-
mandated rate or (2) a wholesale market rate, whichever is 
applicable,  in  effect  one  day  prior  to  the  processing  date. 
We do not determine the currency conversion rate which is 
used.    You  agree  to  pay  the  converted  amount  in  U.S. 
funds. In addition, MasterCard will charge us (the Bank) an 
international  transaction fee, currently equal to one percent 
(1.00%) of the transaction amount, which we will charge you 
whether that transaction was originally made in U.S. dollars 
or  was  made  in  another  currency  and  converted  to  U.S. 
dollars. This fee will be shown as a Foreign Transaction Fee 
on your statement. 

12.    Annual Membership Fee. The World MasterCard 
Account is subject to an Annual Membership Fee of $85.00. 
The Annual Membership Fee will be waived for the first year 
of your Account. After the first year, on an annual basis, but 
in  no  case  later  than  the  first  business  day  of  the  second 
month  of  the  quarter  preceding  the  anniversary  of  the 
Account’s  opening  date,  the  Bank  will  review  the  status  of 
your  Bank  of  the  West  Premier  Checking  account  to 
determine  whether  or  not  the  Annual  Membership  Fee  will 
be waived.  This waiver will be applied annually so long as 
you  maintain  an  open  Bank  of  the West  Premier  Checking 
account at the time the Bank evaluates your status.   

13.  Other  Fees.  As  allowed  by  law,  we  may  charge, 
and  you agree to pay, fees for certain services or requests 
made  by  you,  such  as  but  not  limited  to:  Automated  Teller 
Machine  (“ATM”)  transactions  conducted  at  machines  not 
operated  by  us,  requests  for  copies  of  billing  statements, 
sales  drafts,  or  other  records  of  your  Account,  or  if  you 
request a replacement card(s).  However, we will not charge 
fees for copies of documents requested for a billing dispute.  
These  fees may  change  from  time  to  time.   We  will  inform 
you  of  the  fee(s)  that  you  will  incur  prior  to  when  the 
applicable service(s) is(are) provided or when you make the 
request(s),  as  applicable.  You  authorize  us  to  charge  your 
Credit  Card  account  for  any  such  fees  that  you  incur.  We 
reserve  the  right  to  waive  a  fee  from  time  to  time  but  a 
waiver does not mean we will continue to waive such fee in 
the future. 

14.    Default.  We  may  declare  the  entire  balance  for  all 
Credit  Card  accounts  due  and  payable  at  once  with  or 
without notice or demand if any of these events (a “Default”) 
happens: 
a. 

If you miss a payment under this Agreement or any 

other obligation you owe us; or 

b. 

If you violate any terms of this Agreement. 

 
 
 
 
(1) 
machines. 
(2) 

If  you  are  in  Default,  we  may  terminate  your  Credit  Card 
account, make no more additional loans, and require you to  
immediately repay the entire unpaid balance of all amounts 
due on your Credit Card account, including but not limited to 
all loan amounts, late charges and other charges assessed 
but not paid, and all of the INTEREST CHARGES  accrued 
but not paid. If we terminate your Credit Card account, your 
obligation  to  repay  the  amounts  you  already  owe  us  would 
continue.  

including 

At our option, we may also take action short of terminating 
your  Credit  Card  account. 
If  your  required  minimum 
payment  (shown  on  your  periodic  statement  as  “Minimum 
Payment  Due”)  is  not  received  within  60  days  of  the 
Payment  Due  Date,  your  ANNUAL  PERCENTAGE  RATE 
for  all  balances  will  be  a  variable  rate  equal  to  the  sum  of 
the Current Index plus a “Rate Spread” of 26.74 percentage 
points (Penalty Rate).  You will be provided with a notice 45 
days  in  advance  of  the  effective  date  of  the  change  in 
Annual  Percentage  Rate.    Your  payments  under  this 
Agreement, 
INTEREST 
CHARGE,  will  increase  as  a  result  of  the  increase  in  your 
ANNUAL  PERCENTAGE  RATE,  and  any  such  increase  in 
your ANNUAL PERCENTAGE RATE will be shown on your 
next  periodic  statement.  We  may  reinstate  your  ANNUAL 
PERCENTAGE RATE to the rate set forth in this Agreement 
once  you  have  made  at  least  your  Minimum  Payment  Due 
for (6) consecutive billing periods immediately following the 
effective  date  of  the  Penalty  Rate.    If  we  take  such  lesser 
action initially, we reserve the right to terminate your Credit 
Card  account  and  accelerate  all  amounts  due  under  this 
Agreement  regardless  of  whether  any  additional  events 
have  occurred  which  would  permit 
termination  and 
acceleration.  

the  amount  of 

the 

15.  Automated Terminal Services 

a.  Automated Terminals.  You may use  your Card  in 

the following automated terminals: 

Any  Bank  of  the  West  automated  teller 

Any  other  automated  teller  machine  that  is 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 
(3) 

Any  point-of-sale  terminal  that  accepts  our 

Card (“POS terminal”). 

b.  Services Available at an Automated Terminal 

(1) 

You  may  use  your  Card  at  a  Bank  of  the 

West or any Network ATM to: 

(a) 

Get  a  Cash  Advance  from  your 

Credit Card account. 

(b) 

Get  your  Credit  Card  account 
balances.  These  balances  may  not 
include  some 
transactions  recently  made  in  your  Credit  Card  account. 
Some  of  the  services  described  in  subparagraphs  (a)  and 
(b) may not be available at all Network ATMs. 

(c) 

You  may  use  your  Card  at  a  POS 
terminal  to  purchase  certain  merchandise.  The  amount  of 
your  purchase  will  automatically  be  charged  to  your  Credit 
Card account as a Purchase. 

c.  Limits  of  Automated  Terminal  Services  -  Cash 
Advances.  You  may  get  a  Cash  Advance  from  a  Bank  of 
the West Automated Terminal up to an aggregate amount of 
$500 each calendar day, provided that this amount does not 
exceed your Credit Limit. This amount may be less for Cash 
Advances from Network ATMs. 

d.  Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible for all transactions in which  you use  your Card 
in an automated terminal, or the use of the Card by anyone 
else who uses it with your permission. Security in use of the 
Card  is  provided  by  the  secret  code,  which  we  will  provide 
you,  and  the  magnetically  encoded  stripe  on  the  Card. 
Please keep the Card safe and also protect the secret code. 
Use the Card and the secret code as instructed at all times. 
Please  notify  us  of  any  mechanical  or  operating  failure  in 
connection with the use of your Card. Do not permit anyone 
else to use your Card and do not disclose your secret code 
or record it on the Card. The Card remains the property  of 
the Bank and can be revoked and repossessed at any time. 
You must return it to us when asked. 

e.  Fees  for  Using  Automated  Terminal  Services. 
Fees  may  be  charged  for  transactions  made  at  automated 
M – 118440 
BW-WCCAG (07/2016) 

teller  machines  not  operated  by  us  as  described  in 
paragraph 13-Other Fees. 

16.  Lost  or  Stolen  Card;  Your  Liability 

for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 
as a credit card. You will not be liable for unauthorized use 
of  your  Card  as  a  credit  card  which  occurs  after  you  notify 
us at the telephone number or address stated in paragraph 
17,  orally  or 
theft,  or  possible 
unauthorized use. In any case, your liability for unauthorized 
use of your Card as a credit card will not exceed $50.00. 

in  writing,  of 

loss, 

17.  Where  to  Call  or  Write.  If  you  believe  your  Card 
has been lost or stolen or that someone is using your Card 
or Credit Card account without your permission, call: 1-844-
446-9378  (for  TTY/TDD  call  1-800-659-5495)  or  write  to: 
PO Box 2078, Omaha, NE 68103-2078.  

18.  Our  Business  Days.  Our  business  days  are 

Monday through Friday, except for bank holidays. 

19.  Credit 

Investigation  and  Disclosure.  You 
authorize  us,  both  now  and  in  the  future,  to  check  your 
credit  and  employment  history  and  to  release  information 
about  our  credit  experience  with  you  in  response  to 
legitimate  credit  inquiries.  If  you  believe  that  we  have 
inaccurate 
incorrect 
information about you to a credit bureau, please call us at 1-
844-446-9378 (for TTY/TDD call 1-800-659-5495). 

information  or  have 

reported 

20.  Security  Interest.  We  have  no  security  for  any 
amounts  which  become  due  under  this  Agreement,  even 
though any other agreement you may have with us, such as 
a mortgage, may provide for such a security interest, unless 
you have given us a specific security interest in connection 
with this Agreement, which is described on the Supplement 
attached to this Agreement. 

21.  Collection. You promise to pay all collection costs, 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 

22. 

If There are More Than One of You. Each of  you 
individually,  or  all  of  you  together,  will  be  liable  under  this 
Agreement. We may collect from or sue any one of you, or 
make  any  settlements  or  extensions  with  any  one  of  you, 
without  giving  up  our  rights  against 
the  other.  You 
understand  that  any  one  of  you  can  make  Purchases,  get 
Cash  Advances,  or  perform  Balance  Transfers  under  this 
Agreement which will be binding upon all of you. 

23.  No Waiver of Rights. If we choose to waive any of 
the  terms  or  conditions  of  this  Agreement  on  a  case-by-
case basis, such as by not declaring the entire balance due 
when the minimum monthly payment has not been made on 
time,  it  does  not  mean  that  we  have  waived,  or  given  up, 
our right to exercise any of our rights or remedies under this 
Agreement  in  the  future.  We  are  not  required  to  use  any 
particular  kind  of  demand  or  notice  in  order  to  collect 
amounts due to us under this Agreement. No indulgence or 
acceptance  by  us  of  delinquent  or  partial  payments 
constitute  a  waiver  of  our  rights  or  of  any  provision  of  this 
Agreement.  No  waiver  of  any  existing  default  shall  be 
deemed to waive any subsequent default. 

24.  Changing Terms.  We can change, add to, delete 
or otherwise modify the terms of this Agreement at any time 
in  any  way  permitted  by  law.  We  will  send  you  a  notice  of 
change  at  least  45  days  (or  as  required  by  applicable  law) 
before the effective date of the change. We do not have to 
send  you  an  advance  notice  of  the  change  if  it  favors  you, 
such  as  by  reducing  rates,  or  increasing  the  maximum 
credit limit.  Except in cases where  we are changing terms 
due to the Minimum Payment Due not being received within 
60  days  of  the  Payment  Due  Date,  you  agree  that  the 
change  may  cover  all  transactions  made  15  days  after  we 
mail the notice. If you do not agree to the change, a method 
for  rejecting  the  change  and  closing  the  account  will  be 
provided in the Change of Terms Notice.   You agree that if 
you use your card after the effective date of the change, this 
will constitute your agreement with the change. 

25.  Canceling  this  Agreement.   We  have  the  right  to 
cancel  this  Agreement  at  any  time  by  sending  a  notice  to 
any  one  of  you  in  writing.  You  also  have  the  same  right  to 
cancel this Agreement at any time by sending us a notice in 

 
 
 
 
 
 
 
 
 
 
 
writing  or  calling  the  BankCard  Center  at  1-844-446-9378 
(for  TTY/TDD  call  1-800-659-5495).  If  this  Agreement  is 
canceled by  you or us,  your obligation is to repay amounts 
you already owe under this Agreement.  In either case, the 
account will be closed and you will no longer have access to 
the account. 

26.  Governing  Law.  This  Agreement  will  be  governed 
by  the  laws  of  the  State  of  Nebraska,  and,  as  applicable, 
federal law, regardless of where the transactions are made. 
27.  Monitoring/Recording  Telephone  Calls.  Our 
supervisory  personnel  may  listen  to  and  record  your 
telephone  calls  to  us  for  the  purpose  of  monitoring  and 
improving the quality of service you receive. 

28.  Severability.  All other provisions of this Agreement 
shall  remain  in  full  force  even  if  one  or  more  provisions  of 
this  Agreement  are  held 
illegal,  void  or 
unenforceable  by  any  rule  or  law,  administrative  order  or 
judicial decision. 

invalid, 

29.  Our Communications with You 

that  we,  any  of  our  affiliates,  agents, 
You  agree 
independent  contractors  or  service  providers  may  monitor 
and record telephone calls regarding your banking services 
to assure the quality of our service or for other reasons. You 
expressly  consent  that  we,  any  of  our  affiliates,  agents, 
independent  contractors  or  service  providers  may  use 
written,  electronic,  or  verbal  means,  or   any  other  medium, 
as  permitted  by  law  and  including,  but  not  limited  to,  mail 
and facsimile, to contact you. Your consent includes, but is 
to,  contact  by  manual  calling  methods, 
not 
prerecorded or artificial voice messages, text messages, e-
mails  and/or  automatic  telephone  dialing  systems.  You 
agree  that  we,  any  of  our  affiliates,  agents,  independent 
contractors  or  service  providers  may  contact  you  by  using 
any e-mail or any telephone number you provide, including 
a  telephone  number  for  a  cellular  phone  or  other  wireless 
device,  regardless  of  whether  you  incur  any  charges  as  a 
result.   

limited 

YOUR BILLING RIGHTS 
Keep This Notice for Future Use 
This notice contains important information about your rights and our responsibilities  
under the Fair Credit Billing Act. 

What To Do If You Find a Mistake on Your Statement 
If you think there is an error on your statement, write to us at:  

Bank of the West 
BankCard Customer Service Department 
PO Box 2319  

  Omaha, NE 68172-9793 
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 
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. 

let 

Your Rights If You Are Dissatisfied With Your Credit Card 
Purchases 

If  you  are  dissatisfied  with  the  goods  or  services  that  you 
have  purchased  with  your  credit  card  and  you  have  tried  in 
good faith to correct the problem with the merchant, you may 
have  the  right  not  to  pay  the  remaining  amount  due  on  the 
purchase. 

To use this right, all of the following must be true: 
1.  The purchase must have been made in your home state or 
within  100  miles  of  your  current  mailing  address,  and  the 
purchase  price  must  have  been  more  than  $50.    (Note: 
Neither  of  these  are  necessary  if  your  purchase  was 
based on an advertisement we mailed to you, or if we own 
the company that sold you the goods or services.) 

2.  You  must  have  used  your  credit  card  for  the  purchase.  
Purchases made with cash advances from an ATM or with 
a  check  that  accesses  your  credit  card  account  do  not 
qualify. 

3.  You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still dissatisfied 
with the purchase, contact us in writing at: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319  

  Omaha, NE 68172-9793 
While  we  investigate,  the  same  rules  apply  to  the  disputed 
amount as discussed above.  After we finish our investigation, 
we will tell you our decision.  At that point, if we think you owe 
an  amount  and  you  do  not  pay,  we  may  report  you  as 
delinquent. 

NOTICE  FOR  WISCONSIN  RESIDENTS:  Any  holder  of  this 
Credit  Card  Agreement  is  subject  to  all  claims  and  defenses 
which  the  debtor  could  assert  against  the  seller  of  goods  or 
services obtained pursuant hereto or with the proceeds hereof.  
Recovery  hereunder  by  the  debtor  shall  not  exceed  amounts 
paid by the debtor hereunder. 

 
 
 
 
 
 
 
 
 
 
Interest Rates, Interest Charges, and Fees – Bank of the West Wealth Management 
World Elite™ MasterCard®  Credit Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

0.00% Introductory APR for the first six months. 

After that, your APR will be 7.65%.  This APR will vary with the market based on 

APR for Balance Transfers 

the Prime Rate. 
7.65% 

APR for Cash Advances 

25.49% 

This APR will vary with the market based on the Prime Rate. 

This APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

30.49% 

This APR may be applied to your account if your payment is more than 60 days past 
the Payment Due Date. 

How Long Will the Penalty APR Apply?  The Penalty APR will apply until you 
make six consecutive minimum payments when due beginning with the payment 
following the commencement of the Penalty APR. 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

This APR will vary with the market based on the Prime Rate. 

Your due date is at least 25 days after the close of each billing cycle.  We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month.  We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau 
at     http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

$2951

  Balance Transfer 

Either $5 or 3% of the amount of each transfer, whichever is greater. 

  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

  Foreign Transaction 

1% of the U.S. Dollar amount of each such transaction. 

Penalty Fees 

  Late Payment 

Up to $35 (Varies by State.  See next page for details.). 

  Returned Payment 

Up to $35 (Varies by State.  See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new 
purchases).”  See your Credit Card Agreement for more details. 

Loss of Introductory APR:  We may end your introductory APR and apply the Penalty APR if your payment is more than 
60 days past the Payment Due Date. 

Billing Rights:  Information on your rights to dispute transactions and how to exercise your rights is provided in your 
Credit Card Agreement. 

Continued on next page. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 The Wealth Management World Elite MasterCard Credit Card is subject to an Annual Membership Fee if you do not 
maintain  Eligible Qualified Balances of $250,000 or more.  For details, refer to the Wealth Management World Elite 
MasterCard Credit Card Agreement. 

Late Payment fee for Iowa residents is $15.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If the Late Payment fee is greater than the Minimum Payment Due, 
the fee will be equal to the Minimum Payment Due. 

Returned Payment fee for Iowa residents is $19.95.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If Returned Payment fee is greater than the Minimum Payment 
Due, the fee will be equal to the Minimum Payment Due. 

Doing business in South Dakota as Bank of the West California. 

 
 
 
 
 
                    CREDIT CARD AGREEMENT 
(Wealth Management World EliteTM MasterCard® Credit Card) 

The  terms  of  the  Bank  of  the  West  Wealth  Management 
World  Elite  MasterCard  Credit  Card  are  available  to  the 
Bank’s Wealth Management clients.   

or 

from 

services 

By requesting or accepting any Wealth Management World 
Elite  MasterCard  Credit  Card  account  (individually  or 
collectively  called  “Credit  Card  account”  or  “Account”)  with 
Bank of the West, you agree to be bound by all the terms of 
this Agreement. In this Agreement, the words “you” or “your” 
mean  everyone  who  has  requested  or  accepted  a  Credit 
Card account with us. The words “we,” “us,” “our,” or “Bank” 
mean  Bank  of  the  West.    If  you  do  not  accept  this 
Agreement, you must notify us in writing within 5 days after 
receipt.    Use  of  your  card  or  any  feature  (including  a 
balance  transfer)  of  your  Credit  Card  Agreement  shall 
constitute acceptance of this Agreement.  
Use.  Your  Wealth  Management  World  Elite 
1. 
MasterCard  Credit  Card  (individually  or  collectively  called 
“Card”)  may  be  used  as  a  credit  card  for  purchases  of 
goods 
participating  merchants 
(“Purchases”) or to get Cash Advances from us or any other 
financial  institution  displaying  the  “MasterCard”  logo,  or  to 
purchase  certain  items  such  as  traveler's  cheques,  foreign 
currency,  money  orders,  wire  transfers,  lottery  tickets,  and 
(except  as  noted  below)  funds  to  be  used  for  wagers  or 
gambling  (all  of  which  are  collectively  referred  to  as  “Cash 
Advances”) up to your Credit Limit; provided, however, you 
may  not  use  your  Card  (i)  to  make  Purchases  or  obtain 
Cash  Advances  for  any  illegal  transaction,  or  (ii)  for  any 
internet  or  online  gambling  transactions.  Transactions  for 
online or internet gambling will not be approved.  If you use 
your  Card  for  any  illegal  or  prohibited  transaction,  this 
Agreement  also  applies  to  such  transaction  and  you  agree 
to  pay  any  and  all  amounts  related  to  such  transaction 
pursuant  to  the  terms  of  this  Agreement.  We  may,  in  our 
sole discretion, restrict the  use of or terminate  your  Card if 
we  notice  excessive  use  of  your  Card  or  other  suspicious 
activities or if we reasonably believe the Card is or has been 
used for one or more illegal or prohibited transactions. You 
can  also  obtain  a  Cash  Advance  by  writing  a  special 
MasterCard  check  (“Convenience  Check”).  The  Cash 
Advance  will  be  posted  to  your  Credit  Card  account  when 
the Convenience Check reaches us. If you stop payment on 
a  Convenience  Check,  your  Credit  Card  account  will  be 
charged  $16.00  (or  as  permitted  by  law)  for  each  stop 
payment.  We  may  designate  that  only  a  portion  of  your 
Credit Limit is available for Cash Advances.  In addition, you 
may request that we pay other creditors on your behalf and 
transfer  approved  amounts  to  your  Account  (“Balance 
Transfers”). 
Your Card may also be used in certain automated terminals 
to  gain  access  to  your  Credit  Card  accounts.  We  have  no 
responsibility  for  the  failure  of  any  machine,  merchant, 
financial  institution,  or  any  other  party  to  honor  your  Card. 
Your  Card  and  Credit  Card  account  may  be  used  only  for 
valid and lawful purposes. If you use or allow someone else 
to  use  the  Card  or  Credit  Card  account  for  any  other 
purpose,  you  will  be  responsible  for  such  use  and  may  be 
required  to  reimburse  us  for  all  amounts  or  expenses  we 
pay as a result of such use.  
2. 
Credit  Limit. We  will  notify  you  of  the  Credit  Limit 
for each Credit Card account  you have  with us.  You agree 
including  Purchases,  Cash 
that  your 
Advances,  Balance  Transfers,  INTEREST  CHARGES,  and 
fees  that  may  be  due  will  not  exceed  your  Credit  Limit.  If 
you do go over your Credit Limit, you must repay the excess 
amount  immediately,  and  we  may  reduce  the  available 
Credit Limit of any other Credit Card account you have with 
us until such time the excess amount is repaid.    You may 
apply  to  increase  your  Credit  Limit  at  any  time  but  we  are 
not  obligated  to  increase  your  Credit  Limit  at  any  time. 
Furthermore, we reserve the right to lower your Credit Limit 
M-116835  
BW-WECCAG (11/2015) 

total  charges, 

at any time. For security reasons, we may limit the number 
or  amount  of  transactions  that  may  be  accomplished  with 
your Card or Credit Card account, and we have the right to 
limit  authorizations  to  make  transactions  if  we  consider  it 
necessary to verify Payments received on your Credit Card 
account.  If we accept a payment from you in excess of your 
outstanding  balance,  your  available  Credit  Limit  will  not  be 
increased by the amount of the overpayment nor will we be 
required  to  authorize  transactions  for  an  amount  in  excess 
of your Credit Limit. 
Temporary  Reduction  of  Credit  Limit.    Some 
3. 
merchants  (for  example,  car  rental  companies  and  hotels) 
may  request  prior  credit  approval  from  us for  an  estimated 
amount of your Purchases, even if you ultimately do not pay 
by  credit.  If  our  approval  is  granted,  your  available  Credit 
Limit  will temporarily be reduced  by the  amount authorized 
by us. If you do not ultimately use your Credit Card account 
to  pay  for  your  Purchases  or  if  the  actual  amount  of 
Purchases  posted  to  your  Credit  Card  account  varies  from 
the estimated amount approved by us, it is the responsibility 
of  the  merchant,  not  us,  to  cancel  the  prior  credit  approval 
based on the estimated amount. The failure of the merchant 
to  cancel  a  prior  credit  approval  may  result  in  a  temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 
4. 
Agreement  to  Pay.  When  you  use  your  Card  or 
Credit  Card  account,  or  when  you  permit  anyone  to  use  it, 
you  agree  to  pay  the  amount  of  any  and  all  transactions 
(including  any  which  may  have  been  made  in  violation  of 
this  Agreement),  and  the  INTEREST  CHARGES  and  fees 
that may become due as shown on the periodic statement. 
You agree that we may change or cancel  your Credit Card 
Account at any time without affecting your obligation to pay 
the amounts that you owe under this Agreement.  
5. 
Periodic Statement. Each month we will send you 
a periodic statement for each Credit Card account you have 
with  us  covering  the  previous  billing  period.  We  may  not 
send  you  a  statement  if  your  balance  is    less  than  $1  and 
there  were  no  transactions  during  the  billing  period.  The 
statement  will  have  a  “Statement  Period  Date”,  “Statement 
Closing  Date”  and  a  “Payment  Due  Date,”  and  will  show, 
among  other  things,  your  “Previous  Balance,”  your  “New 
Balance,”  and  your  minimum  monthly  payment,  which  will 
be shown as “Minimum Payment Due.” 
6. 
Payment.  You  must  make  a  payment  by  the 
“Payment Due Date.”  You  have two choices:  You may  pay 
the entire “New Balance” or you may pay in installments by 
paying  at  least  the  “Minimum  Payment  Due.”  When  your 
payment is properly received, we will allocate your payment 
in a manner we determine except as otherwise required by 
law.  The Minimum Payment is applied first to fees, then to 
INTEREST CHARGES and finally to principal. We apply the 
Minimum  Payment  to  balances  with  lower  APRs,  including 
introductory  APRs,  before  balances  with  higher  APRs. 
Payments made in excess of the Minimum Payment will be 
applied first to balances with the highest Annual Percentage 
Rate and then to each successive balance bearing the next 
highest Annual Percentage Rate. 

Payments  must  be  mailed  to  the  BankCard  Center 
address  specified  in  your  periodic  statement.  Payments 
must  reach  our  BankCard  Center  during  our  regular 
business  day 
in  order  to  be  credited  on  that  date.  
Payments  received  after  the  cutoff  times  of  5:00  p.m.  PT 
are  credited  as  of  the  following  business  day.  If  you  make 
payment  by  any  means  other  than  mail  to  our  BankCard 
Center crediting of the payment may be delayed.  If you fail 
to  properly  make  payments,  crediting  such  payments  may 
be delayed.  Your total available credit may not be restored 
for up to 15 days after we receive your payment.   
If a payment is returned to us for any reason, we may apply 
a  Returned  Payment  Fee  of  $25  for  the  first  violation  and 
$35 for each subsequent violation within the next six billing 

 
 
 
 
 
 
 
 
 
 
cycles.  The  Returned  Payment  Fee  for  Iowa  residents  is 
$19.95.    If  the  Returned  Payment  Fee  is  greater  than  the 
Minimum  Payment  Due,  the  fee  will  be  equal  to  the 
Minimum Payment Due. 

From  time  to  time,  we  may  let  you  skip  or  reduce 
one  or  more  monthly  payments  during  a  year  and/or  we 
may  temporarily  reduce  or  eliminate  certain  INTEREST 
CHARGES  on  all  or  a  portion  of  your  Credit  Card  account 
balance  or  offer  you  other  special  terms.  If  we  do,  we  will 
advise you of the scope and duration of the applicable skip 
or  promotional  feature.  When  the  skip  or  promotional 
feature  ends,  your  regular  rates  and  all  the  terms  of  the 
Agreement will resume. 
Minimum  Payment-  Late  Payment  Fee.  At  least 
7. 
the  amount  of  the  “Minimum  Payment  Due”  must  be 
received  by  us  by  the  “Payment  Due  Date.”  If  it  is  not,  we 
may  apply  a  Late  Payment  fee  of  $25  for  the  first  violation 
and  $35  for  each  subsequent  violation  within  the  next  six 
billing  cycles.    The  Late  Payment  fee  for  Iowa  residents  is 
$15.    If  the  Late  Payment  fee  is  greater  than  the  Minimum 
Payment  Due,  the  fee  will  be  equal  to  the  Minimum 
Payment Due.  If such charge would result in an INTEREST 
CHARGE greater than the maximum allowed by law, we will 
only  charge  the  maximum  allowable  rate.    Your  Minimum 
Payment Due will be 3% of the New Balance plus any Late 
Payment  fee  (with  a  minimum  of  the  lesser  of  $25  or  your 
New  Balance)  and  any  amount  over  your  credit  limit  and 
past due amount. 
8. 
How  to  Avoid  Paying  Interest  on  Purchases. 
There may be different treatment of INTEREST CHARGES 
for  Purchases,  Balance  Transfers,  and  Cash  Advances, 
even  though  they  are  computed  the  same  way.  You  may 
avoid  paying  an  INTEREST  CHARGE  on  Purchases  if  we 
receive the entire New Balance by the Payment Due Date.  
If we do not receive the entire New Balance by the Payment 
Due Date, the INTEREST CHARGE will be charged on the 
Purchases  from  the  date  of  the  transaction.  INTEREST 
CHARGES on all other balances, including Cash Advances 
and  Balance  Transfers,  begin  on  the  transaction  date  and 
will be assessed even if your entire New Balance is paid by 
the Payment Due Date. 
9. 
Computing  Your  INTEREST  CHARGE. We figure 
the  INTEREST  CHARGE  on  each  Credit  Card  account  by 
applying the periodic rate to the “Average Daily Balance” of 
each  Balance  Category  on  the  Credit  Card  account, 
including  current  transactions.  Balance  Categories  include 
Purchases, 
Advances, 
Introductory Rates and any special rate offers we may make 
available from time to time.  If you are charged interest, the 
charge  will  be  no  less  than  $1.00  (the  minimum  interest 
charge will appear as “Minimum Charge” in the fees section 
of your statement).  
a. 
the  daily 
balance  for  each  Balance  Category  we  take  the  beginning 
balance  each  day  and  add  new  transactions  applicable  to 
each  category,  and  subtract  any  payments,  credits,  and 
refunds  applied  to  the  category.   To  figure  your  Average 
Daily  Balance  for  each  Balance  Category,  we  add  all  your 
daily  balances  and  divide  by  the  number  of  days  in  the 
billing period. 
b. 
Figuring  the  INTEREST  CHARGE.  We  compute 
the  INTEREST  CHARGE  for  each  Balance  Category  by 
multiplying these Average Daily Balances by the applicable 
Daily  Periodic  Rate,  and  then  we  multiply  the  result  by  the 
number of days in the billing period. To determine the Daily 
Periodic  Rate  for  each  Balance  Category,  we  divide  the 
applicable  Annual  Percentage  Rate  in  effect  for  the  billing 
period  by  365  (366  for  leap  year).  The  way  we  get  the 
ANNUAL PERCENTAGE RATE for each Balance Category 
is described below under “Fixed Rate” and “Variable Rate.” 
c. Fixed Rate. For the first six months (Introductory Period) 
your interest rate for Purchases on your Account is equal to 
0.00% APR; thereafter, your interest rate for Purchases will 
apply.    There  is  no  introductory  rate  for  Balance  Transfers 
or Cash Advances.  
d. 
Variable  Rate.  The  current  Annual  Percentage 
Rate for all variable rates is shown on the Account Opening 
Disclosure  which  has  been  provided  to  you  with  this 
Agreement. The Daily Periodic Rate and the corresponding 
Annual  Percentage  Rate  may  change  each  month  on  the 
M-114760 
BW-WECCAG (04/2015) 

Average  Daily  Balance.  To  obtain 

Transfers,  Cash 

Balance 

first day  of each of  your billing cycles.  Each  date on  which 
the rate of interest could change is called a “Change Date.” 
Changes will be based on changes in the “Index.” The Index 
is  the  highest  Prime  Rate  published  in  the  “Money  Rates” 
table  of  The  Wall  Street  Journal.  If  the  Index  is  no  longer 
available, we will choose a new index which is based upon 
comparable  information  and  will  give  you  notice  of  our 
choice. The Index figure  published  on the second Tuesday 
(or  on  the  next  business  day  if  the  second  Tuesday  is  a 
holiday)  each  month  is  called  the  “Current  Index.”  Your 
interest  rate  for  Purchases  (after  the  Introductory  Period) 
and Balance Transfers on your Wealth Management  World 
Elite MasterCard Account is based on a variable rate equal 
to the sum of the Current Index plus a “Rate Spread” of 3.90 
percentage points. The interest rate for Cash Advances on 
your Account is based on a variable rate equal to the sum of 
the Current Index plus a “Rate Spread” of 21.74 percentage 
points.    Immediately  before  each  Change  Date  we  will 
determine the new interest rate by adding the Rate Spread 
to  the  Current  Index.    The  new  interest  rate  will  become 
effective  at  the  start  of  your  first  billing  cycle  after  the 
Change Date. Only one Annual Percentage Rate and Daily 
Periodic  Rate  will  be  in  effect  for  each  Balance  Category 
during  the  billing  period.  The  Annual  Percentage  Rate  will 
not  exceed  the  maximum  rate  permitted  by  law.  The  effect 
of  any  increase  in  the  Annual  Percentage  Rate  and  the 
Daily  Periodic  Rate  would  be  to  increase  the  amount  of 
INTEREST  CHARGE  or  interest  you  must  pay  and  thus 
increase your monthly payments. 
10. 
Transaction  Fees.  You  also  agree  to  pay  us  the 
appropriate  fees  listed  below  (as  permitted  by  applicable 
law)  which  may  be  amended  from  time  to  time  by  us.  You 
authorize  us  to  charge  your  Credit  Card  account  for  the 
following  fees  due  to  us.  Balance  Transfer  fee:  3.00%  of 
each balance transferred, $5 minimum. Cash Advance fee: 
4.00% of each Cash Advance, $10 minimum.  
11. 
Foreign  Transaction  Fee.  Transactions  that  you 
make in a foreign currency or that you make outside of the 
United  States  of  America  even  if  it  is  made  in  U.S.  dollars 
are  considered  foreign  transactions.    If  you  make  a 
transaction  in  a  foreign  currency  it  will  be  billed  to  you  in 
U.S.  Dollars.  The  conversion  rate  to  U.S.  Dollars  will  be 
determined by MasterCard International in accordance with 
their  operating  regulations  or  conversion  procedures  in 
effect  at  the  time  the  transaction  is  processed.  Currently, 
their  regulations  and  procedures  provide  that  the  currency 
conversion  rate  they  use  is  either  (1)  a  government-
mandated rate or (2) a wholesale market rate, whichever is 
applicable,  in  effect  one  day  prior  to  the  processing  date. 
We do not determine the currency conversion rate which is 
used.    You  agree  to  pay  the  converted  amount  in  U.S. 
funds. In addition, MasterCard will charge us (the Bank) an 
international  transaction fee, currently equal to one percent 
(1.00%) of the transaction amount, which we will charge you 
whether that transaction was originally made in U.S. dollars 
or  was  made  in  another  currency  and  converted  to  U.S. 
dollars. This fee will be shown as a Foreign Transaction Fee 
on your statement. 
12.  Annual  Membership  Fee.  The  Wealth  Management 
World Elite MasterCard Credit Card is subject to an Annual 
Membership Fee of $295. The Annual Membership Fee will 
be  assessed  in  the  first  billing  cycle  after  Account  opening 
and  annually  thereafter.  A  credit  in  the  amount  of  the 
Annual Membership Fee (the “AMF Credit”) for the first year 
will appear on  your first billing statement. No later than the 
first business day of the last month of the quarter preceding 
the  annual  anniversary  of  the  Account’s  opening  date 
(Annual  Fee  Determination  Date),  the  Bank  will  determine 
whether  or  not  to  apply  the  AMF  Credit  by  evaluating  your 
month-end  Eligible  Qualified  Balances  for  the  prior  3 
consecutive months selected by the Bank. The AMF Credit 
will  be  applied  if  you  maintain  month-end  Eligible  Qualified 
Balances  of  $250,000  or  more,  as  calculated  by  the  Bank, 
in  any  one  of  the  prior  3  consecutive  months  used  to 
evaluate eligibility.  If you do not qualify for the AMF Credit, 
within  90  days  of  the  fee  being  charged,  you  can  increase 
your  Eligible Qualified  Balances or close  your Account and 
request to have the AMF Credit applied retroactively.  
The 
this 
Agreement  means  and  shall  include  (i)  deposits  and 

term  “Eligible  Qualified  Balances”  used 

in 

 
 
If you miss a payment under this Agreement or any 

investments  maintained  with  the  Bank,  including  those 
maintained  with  the  Bank’s  Investment  Management  or 
Trust  Services  departments,  and  (ii)  investment  balances 
with  the  Bank’s  affiliate,  BancWest  Investment  Services, 
Inc.  Eligible  Qualified  Balances  may  be  owned  by  you 
directly, or held in any trust controlled by you as settlor and 
trustee.  Deposits  or  investments  held  by  business  entities 
that  are  wholly-owned  and  controlled  by  you  may  also  be 
included.  Eligible  Qualified  Balances  do  not  include  any 
account  prohibited  by  law  or  which  the  inclusion  of  may 
result  in  a  breach  of  any  fiduciary  duty,  law  or  regulation, 
including  the  Employee  Retirement  Income  Security  Act  of 
1974 (“ERISA”). 
13. 
Other  Fees.  As  allowed  by  law,  we  may  charge, 
and  you agree to pay, fees for certain services or requests 
made  by  you,  such  as  but  not  limited  to:  Automated  Teller 
Machine  (“ATM”)  transactions  conducted  at  machines  not 
operated  by  us,  requests  for  copies  of  billing  statements, 
sales  drafts,  or  other  records  of  your  Account,  or  if  you 
request a replacement card(s).  However, we will not charge 
fees for copies of documents requested for a billing dispute.  
These  fees may  change  from  time  to  time.   We  will  inform 
you  of  the  fee(s)  that  you  will  incur  prior  to  when  the 
applicable service(s) is(are) provided or when you make the 
request(s),  as  applicable.  You  authorize  us  to  charge  your 
Credit  Card  account  for  any  such  fees  that  you  incur.  We 
reserve  the  right  to  waive  a  fee  from  time  to  time  but  a 
waiver does not mean we will continue to waive such fee in 
the future. 
14.    Default.  We  may  declare  the  entire  balance  for  all 
Credit  Card  accounts  due  and  payable  at  once  with  or 
without notice or demand if any of these events (a “Default”) 
happens: 
a. 
other obligation you owe us; or 
b. 
If you violate any terms of this Agreement. 
If  you  are  in  Default,  we  may  terminate  your  Credit  Card 
account, make no more additional loans, and require you to  
immediately repay the entire unpaid balance of all amounts 
due on your Credit Card account, including but not limited to 
all loan amounts, late charges and other charges assessed 
but not paid, and all of the INTEREST CHARGES  accrued 
but not paid. If we terminate your Credit Card account, your 
obligation  to  repay  the  amounts  you  already  owe  us  would 
continue.  
At our option,  we may also take action short of terminating 
your  Credit  Card  account. 
If  your  required  minimum 
payment  (shown  on  your  periodic  statement  as  “Minimum 
Payment  Due”)  is  not  received  within  60  days  of  the 
Payment  Due  Date,  your  ANNUAL  PERCENTAGE  RATE 
for  all  balances  will  be  a  variable  rate  equal  to  the  sum  of 
the Current Index plus a “Rate Spread” of 26.74 percentage 
points (Penalty Rate).  You will be provided with a notice 45 
days  in  advance  of  the  effective  date  of  the  change  in 
Annual  Percentage  Rate.    Your  payments  under  this 
Agreement, 
INTEREST 
CHARGE,  will  increase  as  a  result  of  the  increase  in  your 
ANNUAL  PERCENTAGE  RATE,  and  any  such  increase  in 
your ANNUAL PERCENTAGE RATE will be shown on your 
next  periodic  statement.  We  may  reinstate  your  ANNUAL 
PERCENTAGE RATE to the rate set forth in this Agreement 
once  you  have  made  at  least  your  Minimum  Payment  Due 
for (6) consecutive billing periods immediately following the 
effective  date  of  the  Penalty  Rate.    If  we  take  such  lesser 
action initially, we reserve the right to terminate your Credit 
Card  account  and  accelerate  all  amounts  due  under  this 
Agreement  regardless  of  whether  any  additional  events 
have  occurred  which  would  permit 
termination  and 
acceleration.  
15. 
a. 
the following automated terminals: 

Automated Terminal Services 
Automated Terminals.  You may use  your Card  in 

the  amount  of 

including 

the 

Any  Bank  of  the  West  automated  teller 

Any  other  automated  teller  machine  that  is 
participating  in  a  network  and  accepts  our  Card  (“Network 
ATM”) and 
(3) 

Any  point-of-sale  terminal  that  accepts  our 

(1) 
machines. 
(2) 

Card (“POS terminal”). 
M-116835  
BW-WECCAG (11/2015) 

b. 

Services Available at an Automated Terminal 
(1) 

You  may  use  your  Card  at  a  Bank  of  the 

West or any Network ATM to: 

(a) 

Get  a  Cash  Advance  from  your 

Credit Card account. 

(b) 

Get  your  Credit  Card  account 
balances.  These  balances  may  not 
include  some 
transactions  recently  made  in  your  Credit  Card  account. 
Some  of  the  services  described  in  subparagraphs  (a)  and 
(b) may not be available at all Network ATMs. 

(c) 

Lost  or  Stolen  Card;  Your  Liability 

You  may  use  your  Card  at  a  POS 
terminal  to  purchase  certain  merchandise.  The  amount  of 
your  purchase  will  automatically  be  charged  to  your  Credit 
Card account as a Purchase. 
c. 
Limits  of  Automated  Terminal  Services  -  Cash 
Advances.  You  may  get  a  Cash  Advance  from  a  Bank  of 
the West Automated Terminal up to an aggregate amount of 
$1,000  each  calendar  day,  provided  that  this  amount  does 
not  exceed  your  Credit  Limit. This  amount may  be  less  for 
Cash Advances from Network ATMs. 
d. 
Card  and  Secret  Code  (PIN)  Use.  You  are 
responsible for all transactions in which  you use  your Card 
in an automated terminal, or the use of the Card by anyone 
else who uses it with your permission. Security in use of the 
Card  is  provided  by  the  secret  code,  which  we  will  provide 
you, and the magnetically encoded stripe on the Card. You 
are  responsible  for  keeping  the  Card  safe  and  also  for 
protecting  the  secret  code.  Use  the  Card  and  the  secret 
code only as instructed at all times. Please notify us of any 
mechanical or operating failure in connection with the use of 
your Card. Do not permit anyone else to use your Card and 
do  not  disclose  your  secret  code  or  record  it  on  the  Card. 
The  Card  remains  the  property  of  the  Bank  and  can  be 
revoked and repossessed at any time. You must return it to 
us when asked. 
e. 
Fees  for  Using  Automated  Terminal  Services. 
Fees  may  be  charged  for  transactions  made  at  automated 
teller  machines  not  operated  by  us  as  described  in 
paragraph 13-Other Fees. 
16. 
for 
Unauthorized  Use.  Tell  us  AT  ONCE  if  you  believe  your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 
You may be liable for the unauthorized use of your Card as 
a credit card. You will not be liable for unauthorized use of 
your Card as a credit card which occurs after you notify us 
at the telephone number or address stated in paragraph 17, 
orally  or  in  writing,  of  loss,  theft,  or  possible  unauthorized 
use. In any case,  your liability for unauthorized use of your 
Card as a credit card will not exceed $50.00. 
17. 
Where  to  Call  or  Write.  If  you  believe  your  Card 
has been lost or stolen or that someone is using your Card 
or Credit Card account without your permission, call: 1-866-
218-4959  (for  TTY/TDD  call  1-800-659-5495)  or  write  to: 
Bank of the West, BankCard Security Department, PO Box 
2078, Omaha, NE 68103-2078.  
18. 
Monday through Friday, except for bank holidays. 
19. 
Investigation  and  Disclosure.  You 
authorize  us,  both  now  and  in  the  future,  to  check  your 
credit  and  employment  history  and  to  release  information 
about  our  credit  experience  with  you  in  response  to 
legitimate  credit  inquiries.  If  you  believe  that  we  have 
incorrect 
inaccurate 
information about you to a credit bureau, please call us at 1-
866-218-4959 (for TTY/TDD call 1-800-659-5495). 
20. 
Security  Interest.  We  have  no  security  for  any 
amounts  which  become  due  under  this  Agreement,  even 
though any other agreement you may have with us, such as 
a mortgage, may provide for such a security interest, unless 
you have given us a specific security  interest in connection 
with this Agreement, which is described on the Supplement 
attached to this Agreement. 
Collection. You promise to pay all collection costs, 
21. 
including,  without  limitation,  mailgram  charges,  reasonable 
lawyers’ fees and court costs, as permitted by law. 
22. 
If There are More Than One of You. Each of  you 
individually,  or  all  of  you  together,  will  be  liable  under  this 
Agreement. We may collect from or sue any one of you, or 

Our  Business  Days.  Our  business  days  are 

information  or  have 

reported 

Credit 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
make  any  settlements  or  extensions  with  any  one  of  you, 
without  giving  up  our  rights  against 
the  other.  You 
understand  that  any  one  of  you  can  make  Purchases,  get 
Cash  Advances,  or  perform  Balance  Transfers  under  this 
Agreement which will be binding upon all of you. 
No Waiver of Rights. If we choose to waive any of 
23. 
the  terms  or  conditions  of  this  Agreement  on  a  case-by-
case basis, such as by not declaring the entire balance due 
when the minimum monthly payment has not been made on 
time,  it  does  not  mean  that  we  have  waived,  or  given  up, 
our right to exercise any of our rights or remedies under this 
Agreement  in  the  future.  We  are  not  required  to  use  any 
particular  kind  of  demand  or  notice  in  order  to  collect 
amounts due to us under this Agreement. No indulgence or 
acceptance  by  us  of  delinquent  or  partial  payments 
constitute  a  waiver  of  our  rights  or  of  any  provision  of  this 
Agreement.  No  waiver  of  any  existing  default  shall  be 
deemed to waive any subsequent default. 
Changing Terms.  We can change, add to, delete 
24. 
or otherwise modify the terms of this Agreement at any time 
in  any  way  permitted  by  law.  We  will  send  you  a  notice  of 
change  at  least  45  days  (or  as  required  by  applicable  law) 
before the effective date of the change. We do not have to 
send  you  an  advance  notice  of  the  change  if  it  favors  you, 
such  as  by  reducing  rates,  or  increasing  the  maximum 
credit limit.  Except in cases where  we are changing terms 
due to the Minimum Payment Due not being received within 
60  days  of  the  Payment  Due  Date,  you  agree  that  the 
change  may  cover  all  transactions  made  15  days  after  we 
mail the notice. If you do not agree to the change, a method 
for  rejecting  the  change  and  closing  the  account  will  be 
provided in the Change of Terms Notice.   You agree that if 
you use your card after the effective date of the change, this 
will constitute your agreement with the change. 
25. 
Canceling  this  Agreement.   We  have  the  right  to 
cancel  this  Agreement  at  any  time  by  sending  a  notice  to 
any  one  of  you  in  writing.  You  also  have  the  same  right  to 
cancel this Agreement at any time by sending us a notice in 
writing  or  calling  the  BankCard  Center  at  1-866-218-4959 
(for  TTY/TDD  call  1-800-659-5495).  If  this  Agreement  is 
canceled by  you or us,  your obligation is to repay amounts 
you already owe under this Agreement.  In either case, the 
account will be closed and you will no longer have access to 
the account. 
Governing  Law.  This  Agreement  will  be  governed 
26. 
by  the  laws  of  the  State  of  Nebraska,  and,  as  applicable, 
federal law, regardless of where the transactions are made. 
27. 
Monitoring/Recording  Telephone  Calls.  Our 
supervisory  personnel  may  listen  to  and  record  your 
telephone  calls  to  us  for  the  purpose  of  monitoring  and 
improving the quality of service you receive. 
28. 
Severability.  All other provisions of this Agreement 
shall  remain  in  full  force  even  if  one  or  more  provisions  of 
illegal,  void  or 
this  Agreement  are  held 
unenforceable  by  any  rule  or  law,  administrative  order  or 
judicial decision. 
 29. Our Communications with You 
that  we,  any  of  our  affiliates,  agents, 
You  agree 
independent  contractors  or  service  providers  may  monitor 
and record telephone calls regarding your banking services 
to assure the quality of our service or for other reasons. You 
expressly  consent  that  we,  any  of  our  affiliates,  agents, 
independent  contractors  or  service  providers  may  use 
written,  electronic,  or  verbal  means,  or   any  other  medium, 
as  permitted  by  law  and  including,  but  not  limited  to,  mail 
and facsimile, to contact you. Your consent includes, but is 
to,  contact  by  manual  calling  methods, 
not 
prerecorded or artificial voice messages, text messages, e-
mails  and/or  automatic  telephone  dialing  systems.  You 
agree  that  we,  any  of  our  affiliates,  agents,  independent 
contractors  or  service  providers  may  contact  you  by  using 
any e-mail or any telephone number you provide, including 
a  telephone  number  for  a  cellular  phone  or  other  wireless 
device,  regardless  of  whether  you  incur  any  charges  as  a 
result.   

invalid, 

limited 

M-114760 
BW-WECCAG (04/2015) 

 
 
 
YOUR BILLING RIGHTS 
Keep This Notice for Future Use 
This notice contains important information about your rights and our responsibilities  
under the Fair Credit Billing Act 

What To Do If You Find a Mistake on Your Statement 
If you think there is an error on your statement, write to us 
at:  

Bank of the West 
BankCard Customer Service Department 
PO Box 2319  
Omaha, NE 68172-9793 

In your letter, give us the following information: 

  Account information: Your name and account 

number. 

  Dollar amount: The dollar amount of the suspected 

error. 

  Description of problem: If you think there is an error 
on your bill, describe what you believe is wrong and 
why you believe it is a mistake. 

You must contact us: 

  Within 60 days after the error appeared on your 

statement. 

  At least 3 business days before an automated 

payment is scheduled, if you want to stop payment 
on the amount you think is wrong. 

You must notify us of any potential errors in writing.  You 
may call us, but if you do we are not required to investigate 
any potential errors and you may have to pay the amount in 
question. 

What Will Happen After We Receive Your Letter 
When we receive your letter, we must do two things: 
1.  Within 30 days of receiving your letter, we must tell you 
that we received your letter.  We will also tell you if we 
have already corrected the error. 

2.  Within  90  days  of  receiving  your  letter,  we  must  either 
correct  the  error  or  explain  to  you  why  we  believe  the 
bill  is  correct.    While  we  investigate  whether  or  not 
there has been an error: 
  We cannot try to collect the amount in question, or 

report you as delinquent on that amount. 
  The charge in question may remain on your 

statement, and we may continue to charge you 
interest on that amount. 

  While you do not have to pay the amount in 

question, you are responsible for the remainder of 
your balance. 

  We can apply any unpaid amount against your 

credit limit. 

After we finish our investigation, one of two things will 
happen: 
 

If we made a mistake: You will not have to pay the 
amount in question or any interest or other fees 
related to that amount. 
If we do not believe there was a mistake: You will 
have to pay the amount in question, along with 
applicable interest and fees.  We will send you a 
statement of the amount you owe and the date 
payment is due.  We may then report you as 

 

delinquent if you do not pay the amount we think 
you owe. 

If you receive our explanation but still believe your bill is 
wrong, you must write to us within 10 days telling us that 
you still refuse to pay.  If you do so, we cannot report you as 
delinquent without also reporting that you are questioning 
your bill.  We must tell you the name of anyone to whom we 
reported you as delinquent, and we must let those 
organizations know when the matter has been settled 
between us. 
If we do not follow all of the rules above, you do not have to 
pay the first $50 of the amount you question even if your bill 
is correct. 

Your Rights If You Are Dissatisfied With Your Credit 
Card Purchases 
If you are dissatisfied with the goods or services that you 
have purchased with your credit card and you have tried in 
good faith to correct the problem with the merchant, you 
may have the right not to pay the remaining amount due on 
the purchase. 

To use this right, all of the following must be true: 

1.  The purchase must have been made in your home 
state  or  within  100  miles  of  your  current  mailing 
address,  and  the  purchase  price  must  have  been 
more  than  $50.    (Note:  Neither  of  these  are 
necessary  if  your  purchase  was  based  on  an 
advertisement  we  mailed  to  you,  or  if  we  own  the 
company that sold you the goods or services.) 
2.  You  must  have  used  your  credit  card  for  the 
purchase.    Purchases  made  with  cash  advances 
from  an  ATM  or  with  a  check  that  accesses  your 
credit card account do not qualify. 

3.  You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still 
dissatisfied with the purchase, contact us in writing at: 

Bank of the West  
BankCard Customer Service Department 
PO Box 2319  
 Omaha, NE 68172-9793 

While we investigate, the same rules apply to the disputed 
amount as discussed above.  After we finish our 
investigation, we will tell you our decision.  At that point, if 
we think you owe an amount and you do not pay, we may 
report you as delinquent. 

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
Credit Card Agreement is subject to all claims and defenses 
which the debtor could assert against the seller of goods or 
services obtained pursuant hereto or with the proceeds 
hereof.  Recovery hereunder by the debtor shall not exceed 
amounts paid by the debtor hereunder.

M-116835  
BW-WECCAG (11/2015) 

 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
Interest Rates, Interest Charges, and Fees – Secured Credit Card 

Interest Rates and Interest Charges 
Annual Percentage Rate 
(APR) for Purchases 

21.49% 

This APR will vary with the market based on the Prime Rate. 

APR for Balance Transfers 

21.49% 

APR for Cash Advances 

25.49% 

This APR will vary with the market based on the Prime Rate. 

This APR will vary with the market based on the Prime Rate. 

Penalty APR and When it 
Applies 

30.49% 

This APR will vary with the market based on the Prime Rate. 

This APR may be applied to your account if your payment is more than 60 days past 
the Payment Due Date. 

How Long Will the Penalty APR Apply?  The Penalty APR will apply until you 
make six consecutive minimum payments when due beginning with the payment 
following the commencement of the Penalty APR. 

Paying Interest 

Minimum Interest Charge 
For Credit Card Tips from 
the Consumer Financial 
Protection Bureau 

Your due date is at least 25 days after the close of each billing cycle.  We will not 
charge you any interest on purchases if you pay your entire balance by the due date 
each month.  We will begin charging interest on cash advances and balance transfers 
on the transaction date. 
If you are charged interest, the charge will be no less than $1.00. 
To learn more about factors to consider when applying for or using a credit card, 
visit the website of the Consumer Financial Protection Bureau at  
http://www.consumerfinance.gov/learnmore/. 

Fees 
Annual Fee 
Transaction Fees 

$25 

  Balance Transfer 

Either $5 or 3% of the amount of each transfer, whichever is greater. 

  Cash Advance 

Either $10 or 4% of the amount of each cash advance, whichever is greater. 

  Foreign Transaction 

3% of the U.S. Dollar amount of each such transaction. 

Penalty Fees 

  Late Payment 

Up to $35 (Varies by State.  See next page for details.). 

  Returned Payment 

Up to $35 (Varies by State.  See next page for details.). 

How We Will Calculate Your Balance: We will use a method called “average daily balance (including new purchases).” 
See your Secured Credit Card Agreement for more details. 

Billing Rights:  Information on your rights to dispute transactions and how to exercise your rights is provided in your 
Secured Credit Card Agreement. 

Late Payment fee for Iowa residents is $15.  For other states the fee is $25 for the first violation and $35 for each 
subsequent violation within the next six billing cycles.  If the Late Payment fee is greater than the Minimum Payment Due, 
the fee will be equal to the Minimum Payment Due. 

Continued on next page. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Returned Payment fee for Iowa residents is $19.95.  For other states the fee is $25 for the first violation and $35 
for each  subsequent violation within the next six billing cycles.  If Returned Payment fee is greater than the 
Minimum Payment  Due, the fee will be equal to the Minimum Payment Due. 

SECURITY INTEREST: Information on the security interest you provided on the deposit account that secures your 
Credit  Card account is provided in your Secured Credit Card Agreement. 

Doing business in South Dakota as Bank of the West California. 

M-116835 
BW-WECCAG (11/2015) 

 
 
 
 
 
+ 

SECURED CREDIT CARD AGREEMENT  
(Personal Account) 

Use. Your Credit Card account card (“Card”) may 

By requesting or accepting a Secured MasterCard  Credit 
Card account (“Credit Card account” or “Account”) with 
Bank of the West, you agree to be bound by all the terms of 
this Agreement. In this Agreement, the words “you” or “your” 
mean everyone who has requested or accepted a Credit 
Card account with us. The words “we,” “us,” “our,” or “Bank” 
mean Bank of the West.  If you do not accept this 
Agreement, you must notify us in writing within 5 days after 
receipt.  Use of your card or any feature (including a 
balance transfer) of your Credit Card Agreement shall 
constitute acceptance of this Agreement.  
1. 
be used as a credit card for purchases of goods or services 
from participating merchants (“Purchases”) or to get Cash 
Advances from us or any other financial institution 
displaying the “MasterCard”” logo, or to purchase certain 
items such as traveler's cheques, foreign currency, money 
orders, wire transfers, lottery tickets, and (except as noted 
below) funds to be used for wagers or gambling (all of which 
are collectively referred to as “Cash Advances”) up to your 
Credit Limit; provided, however, you may not use your Card 
(i) to make Purchases or obtain Cash Advances for any 
illegal transaction, or (ii) for any internet or online gambling 
transactions.  Transactions for online or internet gambling 
will not be approved.  If you use your Card for any illegal or 
prohibited transaction, this Agreement also applies to such 
transaction and you agree to pay any and all amounts 
related to such transaction pursuant to the terms of this 
Agreement. We may, in our sole discretion, restrict the use 
of or terminate your Card if we notice excessive use of your 
Card or other suspicious activities or if we reasonably 
believe the Card is or has been used for one or more illegal 
or prohibited transactions. You can also obtain a Cash 
Advance by writing a special MasterCard check 
(“Convenience Check”).  The Cash Advance will be posted 
to your Credit Card account when the Convenience Check 
reaches us. If you stop payment on a Convenience Check, 
your Credit Card account will be charged $16.00 (or as 
permitted by law) for each stop payment. We may designate 
that only a portion of your Credit Limit is available for Cash 
Advances. In addition, you may request that we pay other 
creditors on your behalf and transfer approved amounts to 
your Account (“Balance Transfers”). 
Your Card may also be used in certain automated terminals 
to gain access to your Credit Card accounts. We have no 
responsibility for the failure of any machine, merchant, 
financial institution, or any other party to honor your Card. 
Your Card and Credit Card account may be used only for 
valid and lawful purposes. If you use or allow someone else 
to use the Card or Credit Card account for any other 
purpose, you will be responsible for such use and may be 
required to reimburse us for all amounts or expenses we 
pay as a result of such use. 
2. 
account you have with us will be based on the amount 
described in paragraph 20. You agree that your total 
charges, including Purchases, Cash Advances, Balance 
Transfers, INTEREST CHARGES, and fees that may be 
due will not exceed your Credit Limit. If you do go over your 
Credit Limit, you must repay the excess amount 
immediately, and we may reduce the available Credit Limit 
of any other Credit Card account you have with us until 
such time the excess amount is repaid.  You may apply to 
increase your Credit Limit at any time but we are not 
obligated to increase your Credit Limit at any time. 
Furthermore, we reserve the right to lower your Credit Limit 
at any time. For security reasons, we may limit the number 
or amount of transactions that may be accomplished with 
your Card or Credit Card account, and we have the right to 
limit authorizations to make transactions if we consider it 
necessary to verify Payments received on your Credit Card 
account.  If we accept a payment from you in excess of your 
outstanding balance, your available Credit Limit will not be 
increased by the amount of the overpayment nor will we be 
required to authorize transactions for an amount in excess 

Credit Limit.  Your Credit Limit for the Credit Card 

Agreement to Pay. When you use your Card or 

of your Credit Limit. 
Temporary Reduction of Credit Limit. Merchants, 
3. 
such as car rental companies and hotels, may request prior 
credit approval from us for an estimated amount of your 
Purchases, even if you ultimately do not pay by credit. If our 
approval is granted, your available Credit Limit will 
temporarily be reduced by the amount authorized by us.  If 
you do not ultimately use your Credit Card account to pay 
for your Purchases or if the actual amount of Purchases 
posted to your Credit Card account varies from the 
estimated amount approved by us, it is the responsibility of 
the merchant, not us, to cancel the prior credit approval 
based on the estimated amount. The failure of the merchant 
to cancel a prior credit approval may result in a temporary 
reduction of your available Credit Limit, but will not increase 
the amount you owe us under this Agreement. 
4. 
Credit Card account, or when you permit anyone to use it, 
you agree to pay the amount of any and all transactions 
(including any which may have been made in violation of 
this Agreement), and the INTEREST CHARGES, and fees 
that may become due as shown on the periodic statement. 
You agree that we may change or cancel your Credit Card 
Account at any time without affecting your obligation to pay 
the amounts that you owe under this Agreement.  
5. 
Periodic Statement. Each month we will send you 
a periodic statement for each Credit Card account you have 
with us covering the previous billing period. We may not 
send you a statement if your balance is less than $1 and 
there were no transactions during the billing period. The 
statement will have a “Statement Period Date”, “Statement 
Closing Date” and a “Payment Due Date,” and will show, 
among other things, your “Previous Balance,” your “New 
Balance,” and your minimum monthly payment, which will 
be shown as “Minimum Payment Due.” 
6. 
“Payment Due Date.” You have two choices: You may pay 
the entire “New Balance” or you may pay in installments by 
paying at least the “Minimum Payment Due.” When your 
payment is properly received, we will allocate your payment 
in a manner we determine except as otherwise required by 
law.  The Minimum Payment is applied first to fees, then to 
INTEREST CHARGES and finally to principal. We apply the 
Minimum Payment to balances with lower APRs, including 
introductory APRs, before balances with higher APRs. 
Payments made in excess of the Minimum Payment will be 
applied first to balances with the highest Annual Percentage 
Rate and then to each successive balance bearing the next 
highest Annual Percentage Rate.  

Payment. You must make a payment by the 

 Payments must be mailed to the BankCard Center 

address specified in your periodic statement. Payments 
must reach our BankCard Center during our regular 
business day in order to be credited on that date.  
Payments received after the cutoff times of 5:00 p.m. PT 
are credited as of the following business day. If you make a 
payment by any means other than mail to our BankCard 
Center crediting of the payment may be delayed.  If you fail 
to properly make payments, crediting such payments may 
be delayed. Your total available credit may not be restored 
for up to 15 days after we receive your payment.    

If a payment is returned to us for any reason, we 

may apply a Returned Payment Fee of $25 for the first 
violation and $35 for each subsequent violation within the 
next six billing cycles. The Returned Payment Fee for Iowa 
residents is $19.95.  If the Returned Payment Fee is greater 
than the Minimum Payment Due, the fee will be equal to the 
Minimum Payment Due.  

From time to time, we may let you skip or reduce 

one or more monthly payments during a year and/or we 
may temporarily reduce or eliminate certain INTEREST 
CHARGES on all or a portion of your Credit Card account 
balance or offer you other special terms. If we do, we will 
advise you of the scope and duration of the applicable skip 
or promotional feature. When the skip or promotional 
feature ends, your regular rates and all the terms of the 

 
 
 
 
 
 
 
 
 
Minimum Payment- Late Payment Fee. At least 

Agreement will resume. 
7. 
the amount of the “Minimum Payment Due” must be 
received by us by the “Payment Due Date.” If it is not, we 
may apply a Late Payment fee of $25 for the first violation 
and $35 for each subsequent violation within the next six 
billing cycles.  The Late Payment fee for Iowa residents is 
$15.  If the Late Payment fee is greater than the Minimum 
Payment Due, the fee will be equal to the Minimum 
Payment Due.  If such charge would result in an INTEREST 
CHARGE greater than the maximum allowed by law, we will 
only charge the maximum allowable rate. Your Minimum 
Payment Due will be 3% of the New Balance plus any Late 
Payment fee (with a minimum of the lesser of $25 or your 
New Balance) and any amount over your credit limit and 
past due amount. 
8. How to Avoid Paying Interest on Purchases. There 
may be different treatment of INTEREST CHARGES for 
Purchases, Balance Transfers, and Cash Advances, even 
though they are computed the same way. You may avoid 
paying an INTEREST CHARGE on Purchases if we receive 
the entire New Balance by the Payment Due Date. If we do 
not receive the entire New Balance by the Payment Due 
Date, the INTEREST CHARGE will be charged on the 
Purchases from the date of the transaction. INTEREST 
CHARGES on all other balances, including Cash Advances 
and Balance Transfers, begin on the transaction date and 
will be assessed even if your entire New Balance is paid by 
the Payment Due Date. 
9. 
the INTEREST CHARGE on each Credit Card account by 
applying the periodic rate to the “Average Daily Balance” of 
each Balance Category on the Credit Card account, 
including current transactions. Balance Categories include 
Purchases, Balance Transfers, Cash Advances, 
Introductory Rates and any special rate offers we may make 
available from time to time.  If you are charged interest, the 
charge will be no less than $1.00 (the minimum interest 
charge will appear as “Minimum Charge” in the fees section 
of your statement).  

Computing Your INTEREST CHARGE. We figure 

a.  Average Daily Balance.  To obtain the daily 
balance for each Balance Category we take the beginning 
balance each day and add new transactions applicable to 
each category, and subtract any payments, credits, and 
refunds applied to the category.  To figure your Average 
Daily Balance for each Balance Category, we add all your 
daily balances and divide by the number of days in the 
billing period. 

b.  Figuring the INTEREST CHARGE. We compute the 

INTEREST CHARGE for each Balance Category by 
multiplying the Average Daily Balances by the applicable 
Daily Periodic Rate, and then we multiply the result by the 
number of days in the billing period. To determine the Daily 
Periodic Rate for each Balance Category, we divide the 
applicable ANNUAL PERCENTAGE RATE in effect for the 
billing period by 365 (366 for leap year). The way we get the 
ANNUAL PERCENTAGE RATE for each Balance Category 
described below under “Variable Rate.” 

c. Variable Rate. The current Annual Percentage Rate 

for all variable rates is shown on the Account Opening 
Disclosure which has been provided to you with this 
Agreement. The Daily Periodic Rate and the corresponding 
Annual Percentage Rate may change each month on the 
first day of each of your billing cycles. Each date on which 
the rate of interest could change is called a “Change Date.” 
Changes will be based on changes in the “Index.” The Index 
is the highest Prime Rate published in the “Money Rates” 
table of The Wall Street Journal. If the Index is no longer 
available, we will choose a new index which is based upon 
comparable information and will give you notice of our 
choice. The Index figure published on the second Tuesday 
(or on the next business day if the second Tuesday is a 
holiday) each month is called the “Current Index.” Your 
interest rate for Purchases and Balance Transfers on your 
Credit Card account is based on a variable rate equal to the 
sum of the Current Index plus a “Rate Spread” of 17.74 
percentage points. The interest rate for Cash Advances on 
your Account is based on a variable rate equal to the sum of 

M-114761 
BW-SCCAG (REV. 04/2015)  

the Current Index plus a “Rate Spread” of 21.74 percentage 
points. Immediately before each Change Date we will 
determine the new interest rate by adding the Rate Spread 
to the Current Index. The new interest rate will become 
effective at the start of your first billing cycle after the 
Change Date. Only one Annual Percentage Rate and Daily 
Periodic Rate will be in effect for each Balance Category 
during the billing period. The Annual Percentage Rate will 
not exceed the maximum rate permitted by law. The effect 
of any increase in the Annual Percentage Rate and the 
Daily Periodic Rate would be to increase the amount of 
INTEREST CHARGE or interest you must pay and thus 
increase your monthly payments. 
10. Transaction Fees. You also agree to pay us the 
appropriate fees listed below (as permitted by applicable 
law) which may be amended from time to time by us. You 
authorize us to charge your Credit Card account for the 
following fees due to us. Balance Transfer fee: 3.00% of 
each balance transferred, $5 minimum. Cash Advance fee: 
4.00% of each Cash Advance, $10 minimum.  
11.  Foreign Transaction Fee. Transactions that you make 
in a foreign currency or that you make outside of the United 
States of America even if it is made in U.S. dollars are 
considered foreign transactions.  If you make a transaction 
in a foreign currency it will be billed to you in U.S. Dollars. 
The conversion rate to U.S. Dollars will be determined by 
Visa International or MasterCard International in 
accordance with their operating regulations or conversion 
procedures in effect at the time the transaction is 
processed. Currently, their regulations and procedures 
provide that the currency conversion rate they use is either 
(1) a government-mandated rate or (2) a wholesale market 
rate, whichever is applicable, in effect one day prior to the 
processing date. We do not determine the currency 
conversion rate which is used.  You agree to pay the 
converted amount in U.S. funds. In addition, Visa or 
MasterCard will charge us (the Bank) an international 
transaction fee, currently equal to one percent (1.00%) of 
the transaction amount. We will charge you the international 
transaction fee imposed on us plus an additional two 
percent (2.00%) of the transaction amount whether that 
transaction was originally made in U.S. dollars or was made 
in another currency and converted to U.S. dollars.  These 
two fees will be aggregated and shown as one Foreign 
Transaction Fee on your statement. 
12. Annual Fee. We will assess an Annual Cardholder Fee 
of $25 for each year your account is open, whether or not 
you use your account and regardless of the number of 
cards issued on your account. You can avoid the Annual 
Cardholder Fee if you terminate your Account within 30 
days after the date of the periodic statement in which the 
Annual cardholder fee is posted. Otherwise, the Annual 
Cardholder fee will not be refunded in whole or in part and 
shall be owed to us by you even if your account is 
subsequently changed, suspended, closed or terminated for 
any reason. 

13.  Other Fees. As allowed by law, we may charge, 
and you agree to pay, fees for certain services or requests 
made by you, such as but not limited to: Automated Teller 
Machine (“ATM”) transactions conducted at machines not 
operated by us, requests for copies of billing statements, 
sales drafts, or other records of your Account, or if you 
request a replacement card(s).  However, we will not charge 
fees for copies of documents requested for a billing dispute.  
These fees may change from time to time.  We will inform 
you of the fee(s) that you will incur prior to when the 
applicable service(s) is(are) provided or when you make the 
request(s), as applicable. You authorize us to charge your 
Credit Card account for any such fees that you incur. We 
reserve the right to waive a fee from time to time but a 
waiver does not mean we will continue to waive such fee in 
the future.  

14. 
Default. We may declare the entire balance for    
the Credit Card accounts due and payable at once with or 
without notice or demand if any of these events (a “Default”) 
happens: 
a. 

If you miss a payment under this Agreement or any 

 
 
 
other obligation you owe us; or 

b. 

If you violate any terms of this Agreement. 
If you are in Default, we may terminate your Credit 
Card account, make no more additional loans, and require 
you to immediately repay the entire unpaid balance of all 
amounts due on your Credit Card account, including but not 
limited to all loan amounts, late charges and other charges 
assessed but not paid, and all of the INTEREST CHARGES 
accrued but not paid. If we terminate your Credit Card 
account, your obligation to repay the amounts you already 
owe us would continue.  

At our option, we may also take action short of 
terminating your Credit Card account. If your required 
minimum payment (shown on your periodic statement as 
“Minimum Payment Due”) is not received within 60 days of 
the Payment Due Date, your ANNUAL PERCENTAGE 
RATE for all balances will be a variable rate equal to the 
sum of the Current Index plus a “Rate Spread” of 26.74 
percentage points (Penalty Rate). You will be provided with 
a notice 45 days in advance of the effective date of the 
change in Annual Percentage Rate.  Your payments under 
this Agreement, including the amount of the INTEREST 
CHARGE, will increase as a result of the increase in your 
ANNUAL PERCENTAGE RATE, and any such increase in 
your ANNUAL PERCENTAGE RATE will be shown on your 
next periodic statement. We will reinstate your Daily 
Periodic Rate and ANNUAL PERCENTAGE RATE to the 
rate set forth in this Agreement once you have made at 
least your Minimum Payment Due for six (6) consecutive 
billing periods immediately following the effective date of the 
Penalty Rate.  If we take such lesser action initially, we 
reserve the right to terminate your Credit Card account and 
accelerate all amounts due under this Agreement 
regardless of whether any additional events have occurred 
which would permit termination and acceleration.  
Automated Terminal Services 
15. 

a.  Automated Terminals. You may use your Card in 

the following automated terminals: 

Any Bank of the West automated teller 

Any other automated teller machine that is 
participating in a network and accepts our Card (“Network 
ATM”) and 
(3) 

Any point-of-sale terminal that accepts our 

Card (“POS terminal”). 

b.  Services Available at an Automated Terminal 
You may use your Card at a Bank of the 

(1) 

West or any Network ATM to: 

(a) 

Get a Cash Advance from your 

Credit Card account. 

(b) 

Get your Credit Card account 

balances. These balances may not include some 
transactions recently made in your Credit Card account. 
Some of the services described in subparagraphs (a) and 
(b) may not be available at all Network ATMs. 

(c) 

You may use your Card at a POS 
terminal to purchase certain merchandise. The amount of 
your purchase will automatically be charged to your Credit 
Card account as a Purchase. 

c.  Limits of Automated Terminal Services - Cash 
Advances. You may get a Cash Advance from a Bank of 
the West Automated Terminal up to an aggregate amount of 
$500 each calendar day, provided that this amount does not 
exceed your Credit Limit. This amount may be less for Cash 
Advances from Network ATMs. 

d.  Card and Secret Code (PIN) Use. You are 

responsible for all transactions in which you use your Card 
in an automated terminal, or the use of the Card by anyone 
else who uses it with your permission. Security in use of the 
Card is provided by the secret code, which we will provide 
you, and the magnetically encoded stripe on the Card. 
Please keep the Card safe and also protect the secret code. 
Use the Card and the secret code as instructed at all times. 
Please notify us of any mechanical or operating failure in 
connection with the use of your Card. Do not permit anyone 
else to use your Card and do not disclose your secret code 
or record it on the Card. The Card remains the property of 
the Bank and can be revoked and repossessed at any time. 
You must return it to us when asked. 

(1) 
machines. 
(2) 

e.  Fees for Using Automated Terminal Services. 

Fees may be charged for transactions made at automated 
teller machines not operated by us as described in 
paragraph 12-Other Fees. 
Lost or Stolen Card; Your Liability for 
16. 
Unauthorized Use. Tell us AT ONCE if you believe your 
Card has been lost or stolen. Telephoning is the best way of 
keeping your possible losses down. 

You may be liable for the unauthorized use of your Card 

Credit Investigation and Disclosure. You 

 Our Business Days. Our business days are 

Security Interest.  This Credit Card account is 

as a credit card. You will not be liable for unauthorized use 
of your Card as a credit card which occurs after you notify 
us at the telephone number or address stated in paragraph 
17, orally or in writing, of loss, theft, or possible 
unauthorized use. In any case, your liability for unauthorized 
use of your Card as a credit card will not exceed $50.00. 
17.  Where to Call or Write. If you believe your Card 
has been lost or stolen or that someone is using your Card 
or Credit Card account without your permission, call: 
1-800-996-2638 (for TTY/TDD call 1-800-659-5495) or write 
to: Bank of the West, BankCard Security Department, PO 
Box 2078 Omaha, NE 68103-2078  
18. 
Monday through Friday, except for bank holidays. 
19. 
authorize us, both now and in the future, to check your 
credit and employment history and to release information 
about our credit experience with you in response to 
legitimate credit inquiries. If you believe that we have 
incorrect information or have reported inaccurate 
information about you to a credit bureau, please call us at 
1-800-996-2638 (for TTY/TDD call 1-800-659-5495).  As 
required by law, you are hereby notified that a negative 
credit report reflecting on your credit history may be 
submitted to a credit reporting agency if you fail to fulfill the 
terms of your credit obligations. 
20. 
secured by a deposit account (“Deposit Account”) in your 
name only with Bank of the West. The amount you 
deposited in the Deposit Account (subject to the minimum 
amount required and maximum amount allowed by the 
Bank) is your credit limit.  The Deposit Account will be used 
as collateral to secure the obligations you incur in 
connection with your Credit Card account. You grant the 
Bank a security interest in, and assign to the Bank, all funds 
in your Deposit Account.  You agree that you will be bound 
by the agreement (“Deposit Account Agreement”) for your 
Deposit Account and that your Deposit Account is subject to 
this Agreement. You grant the Bank exclusive control over 
the Deposit Account, the right to redeem, collect and 
withdraw any part or the full amount of the Deposit Account 
upon any default under this Agreement or if your Credit 
Card account is closed for any reason. The Bank may apply 
funds in the Deposit Account to pay off any balance on the 
Credit Card account if the Credit Card account is closed for 
any reason. You may not make or otherwise arrange for any 
deposits to or withdrawals from the Deposit Account while 
the Deposit Account secures your Credit Card account. The 
Deposit Account will not be eligible for Auto-Save or 
Savings Overdraft Protection while the Deposit Account 
secures your Credit Card Account. You provide the security 
interest and assignment as security for any and all amounts 
you may owe (including but not limited to interest, fees and 
charges which may accrue under your Credit Card 
account). The balance of your Deposit Account is only 
refundable after your Credit Card account is closed and all 
amounts owed to the Bank are paid (any remaining amount 
you request to be refunded may take up to 30 days to be 
returned to you).  You agree to pay all charges and follow 
all practices set forth in the Deposit Account Agreement for 
the Deposit Account that secures your Credit Card account 
and abide by all future changes to the terms and charges 
for the Deposit Account.   
21. 
Collection. You promise to pay all collection costs, 
including, without limitation, mailgram charges, reasonable 
lawyers’ fees and court costs, as permitted by law. 
22. 
individually, or all of you together, will be liable under this 
Agreement. We may collect from or sue any one of you, or 
make any settlements or extensions with any one of you, 

If There are More Than One of You. Each of you 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
No Waiver of Rights. If we choose to waive any of 

without giving up our rights against the other. You 
understand that any one of you can make Purchases, get 
Cash Advances, or perform Balance Transfers under this 
Agreement which will be binding upon all of you. 
23 
the terms or conditions of this Agreement on a case-by-
case basis, such as by not declaring the entire balance due 
when the minimum monthly payment has not been made on 
time, it does not mean that we have waived, or given up, 
our right to exercise any of our rights or remedies under this 
Agreement in the future. We are not required to use any 
particular kind of demand or notice in order to collect 
amounts due to us under this Agreement. No indulgence or 
acceptance by us of delinquent or partial payments 
constitutes a waiver of our rights or of any provision of this 
Agreement. No waiver of any existing default shall be 
deemed to waive any subsequent default. 
24. Changing Terms. We can change, add to, delete or 
otherwise modify the terms of this Agreement at any time in 
any way permitted by law.  We will send you a notice of 
change at least 45 days (or as required by applicable law) 
before the effective date of the change. We do not have to 
send you an advance notice of the change if it favors you, 
such as by reducing rates, or increasing the maximum 
credit limit.  Except in cases where we are changing terms 
due to the Minimum Payment Due not being received within 
60 days of the Payment Due Date, you agree that the 
change may cover all transactions made 15 days after we 
mail the notice.  If you do not agree to the change, a 
method for rejecting the change and closing the account will 
be provided in the Change of Terms Notice.   You agree 
that if you use your card after the effective date of the 
change, this will constitute your agreement with the change.  
25. 
Canceling this Agreement. We have the right to 
cancel this Agreement at any time by sending a notice to 
any one of you in writing. You also have the same right to 
cancel this Agreement at any time by sending us a notice in 
writing. If this Agreement is canceled by you or us, your 
obligation is to repay amounts you already owe under this 
Agreement, and you must return your Card to us or destroy 

Severability.  All other provisions of this Agreement 

Monitoring/Recording Telephone Calls. Our 

Governing Law. This Agreement will be governed 

the card.  In either case, the account will be closed and you 
will no longer have access to the account. 
26. 
by the laws of the State of Nebraska, and, as applicable, 
federal law, regardless of where the transactions are made. 
27. 
supervisory personnel may listen to and record your 
telephone calls to us for the purpose of monitoring and 
improving the quality of service you receive. 
28. 
shall remain in full force even if one or more provisions of 
this Agreement are held invalid, illegal, void or 
unenforceable by any rule or law, administrative order or 
judicial decision. 
29. Authorized User.  If you elect to have an authorized 
user, you will be liable for all transactions made by that user 
on your account. Any authorized user is not a contractually 
liable party. 
30. Our Communications with You. You agree that we, 
any of our affiliates, agents, independent contractors or 
service providers may monitor and record telephone calls 
regarding your banking services to assure the quality of our 
service or for other reasons. You expressly consent that we, 
any of our affiliates, agents, independent contractors or 
service providers may use written, electronic, or verbal 
means, or  any other medium, as permitted by law and 
including, but not limited to, mail and facsimile, to contact 
you. Your consent includes, but is not limited to, contact by 
manual calling methods, prerecorded or artificial voice 
messages, text messages, e-mails and/or automatic 
telephone dialing systems. You agree that we, any of our 
affiliates, agents, independent contractors or service 
providers may contact you by using any e-mail or any 
telephone number you provide, including a telephone 
number for a cellular phone or other wireless device, 
regardless of whether you incur any charges as a result.   

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.  

Your Billing Rights  

Keep This Notice for Future Use 

What To Do If You Find a Mistake on Your Statement 
If you think there is an error on your statement, write to us 
at:  

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

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 [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 

M-114761 
BW-SCCAG (REV. 04/2015)  

correct.  While we investigate whether or not there has 
been an error: 

  We cannot try to collect the amount in question, or 

report you as delinquent on that amount. 
  The charge in question may remain on your 

statement, and we may continue to charge you 
interest on that amount. 

  While you do not have to pay the amount in 

question, you are responsible for the remainder of 
your balance. 

  We can apply any unpaid amount against your 

credit limit. 

After we finish our investigation, one of two things will 
happen: 

 

 

If we made a mistake: You will not have to pay the 
amount in question or any interest or other fees 
related to that amount. 
If we do not believe there was a mistake: You will 
have to pay the amount in question, along with 
applicable interest and fees.  We will send you a 
statement of the amount you owe and the date 
payment is due.  We may then report you as 
delinquent if you do not pay the amount we think 
you owe. 

If you receive our explanation but still believe your bill is 
wrong, you must write to us within 10 days telling us that 
you still refuse to pay.  If you do so, we cannot report you as 
delinquent without also reporting that you are questioning 
your bill.  We must tell you the name of anyone to whom we 
reported you as delinquent, and we must let those 

 
 
 
 
 
 
 
 
 
 
 
 
 
organizations know when the matter has been settled 
between us. 

If we do not follow all of the rules above, you do not have to 
pay the first $50 of the amount you question even if your bill 
is correct. 

Your Rights If You Are Dissatisfied With Your Credit 
Card Purchases 
If you are dissatisfied with the goods or services that you 
have purchased with your credit card and you have tried in 
good faith to correct the problem with the merchant, you 
may have the right not to pay the remaining amount due on 
the purchase. 

To use this right, all of the following must be true: 
1. The purchase must have been made in your home state 
or within 100 miles of your current mailing address, and the 
purchase price must have been more than $50.  (Note: 
Neither of these are necessary if your purchase was based 
on an advertisement we mailed to you, or if we own the 
company that sold you the goods or services.) 
2. You must have used your credit card for the purchase.  
Purchases made with cash advances from an ATM or with a 
check that accesses your credit card account do not qualify. 
3. You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still 
dissatisfied with the purchase, contact us in writing at: 

Bank of the West 
BankCard Customer Service Department 
PO Box 2319 
Omaha, NE 68172-9793 

While we investigate, the same rules apply to the disputed 
amount as discussed above.  After we finish our 
investigation, we will tell you our decision.  At that point, if 
we think you owe an amount and you do not pay, we may 
report you as delinquent. 

NOTICE FOR WISCONSIN RESIDENTS: Any holder of this 
Credit Card Agreement is subject to all claims and defenses 
which the debtor could assert against the seller of goods or 
services obtained pursuant hereto or with the proceeds 
hereof.  Recovery hereunder by the debtor shall not exceed 
amounts paid by the debtor hereunder. 

M-114761 
BW-SCCAG (REV. 04/2015)