BMO Harris Bank R
Credit Cards
Cardholder agreement
Business
Cardholder
Agreement
Business Credit Cardholder
Agreement
1. AGREEMENT. This Cardholder Agreement ("Agreement")
and the following documents (collectively, "Cardholder
Documents") govern the possession and use of your BMO
Harris Bank Business Platinum MasterCard® and BMO Harris
Bank Business Platinum Rewards MasterCard® business
credit card account ("Account") issued by BMO Harris Bank
N.A. ("Issuer"):
The card carrier ("Card Carrier") we send with the
credit card or cards ("Card");
The Supplemental Credit Terms ("Supplement") we
provide on or with the Card Carrier;
The application or solicitation ("Application") signed or
otherwise submitted to request the Account; and
Any PIN mailer provided to you that contains your
personal identification number ("PIN").
The Card Carrier, Supplement, Application, and PIN mailer
are part of this Agreement.
By accepting, activating, signing, using, or authorizing
use of the Card or Account, or by failing to cancel the
Account within thirty (30) days of receipt of the Card, you
agree to the terms of this Agreement.
2. PARTIES AND ADDRESSES. In this Agreement, except
as otherwise provided below, "you" and "your" refer to:
(i) the business identified in the "Company Applicant
Information" section of the Application ("Company");
(ii) any individual on the Application agreeing to be
jointly and severally liable with the Company; and
(iii) sole proprietors. For existing Accounts with sole
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proprietors approved for joint credit, "you" and "your"
also refer individually and collectively to each person
who submitted a joint application for credit. "Authorized
User" means any person to whom we have issued a
Card at your request. "Cardholder" means you and any
Authorized User. You are the "Primary Cardholder." "We,"
"us" and "our" mean the Issuer or any person or entity to
which the Issuer sells or gives the Account. For existing
Accounts with a guaranty, "Guarantor" means any person
who signs a personal guaranty pursuant to which that
person agrees to personally guarantee payment of
any and all obligations under this Agreement or any
subsequent agreement governing the Account ("Personal
Guaranty"). These terms have the same meanings when
used in monthly billing statements ("Statement").
For purposes of this Agreement, you agree and represent
that you may be contacted at the Company's address
shown on the Application or that you designate for
the receipt of Statements from time to time. You
agree to notify US promptly if the Company changes
its address. Until we are notified that the Company's
business address has changed we will continue to send
Statements and other notices to the last address we
maintained on the Account for that purpose. You agree
that we can send Cards and other communications
regarding Cards issued to Authorized Users to the
last address we maintained on the Account for the
Authorized Users or an address provided by the
Authorized User.
3. ACCOUNT FOR COMMERCIAL PURPOSES ONLY. The
Account will be opened in the name of the Company.
The Account is established only for the purpose of
purchasing goods and/or services or obtaining cash
advances to be used for business, commercial or
organizational purposes on behalf of the Company.
You agree that Cardholders may use the Account only
for business, commercial or organizational purposes,
and not for personal, family or household purposes.
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You understand that this agreement not to use the
Account for personal, family or household purposes
means that certain important duties imposed upon
creditors, and certain important rights conferred upon
consumers, pursuant to federal or state laws will not
apply to the Account. You also understand that we will
be unable to determine whether any given transaction
conforms to this Section 3. You agree that a breach by
any Cardholder of the provisions of this Section 3 will
not affect our right to (i) enforce your promise to pay
for all amounts owed under this Agreement, regardless
of the purpose for which any particular transaction is in
fact made, or (ii) use any remedy legally available to us,
even if that remedy would not have been available had
the Account been established as a consumer Account.
4. USING THE ACCOUNT. You can access your Account
by using your Card, Convenience Checks, your Account
number (which may also be accessed through an
enabled mobile device), or other credit devices.
Cardholders can use the Account to make the following
transactions:
Purchases: Cardholders can purchase goods or services
from any merchant that accepts the Card. Purchases
of items that can be traded right away for cash (for
example, wire transfers, money orders or foreign
currency) will be Cash Advances instead of Purchases
(see Section 13 below);
Cash Advances: If the Account includes authorization
to obtain Cash Advances, Cardholders can get cash
loans as explained in Section 13 below; and
Balance Transfers: You can transfer balances from
other credit card accounts to this Account, but you
cannot transfer balances from other accounts you
have with US. We reserve the right to reverse or
reject balance transfer requests that do not meet
these requirements. You can use a form that we
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provide or other method we may offer from time to
time. Balance Transfers accrue interest from the date
of transaction without a grace period.
Failure of a Cardholder to sign a sales draft does not
relieve you of liability for Purchases made or Cash
Advances received. We may limit the availability of
certain transactions to Cards assigned to you as the
Primary Cardholder. Some transactions may not be
available to Authorized Users.
5. ILLEGAL TRANSACTIONS. You agree that the Card or
Account will not be used for any transaction that may be
illegal under applicable law. Such transactions include,
for example, Internet gambling transactions. We are
required to comply with prohibitions of the federal
Unlawful Internet Gambling Enforcement Act of 2006, by
preventing any credit card transaction from being made
for the purpose of unlawful Internet gambling.
6. PROMISE TO PAY. You promise to pay us, in lawful
money of the United States of America, all Purchases,
Cash Advances, Balance Transfers, fees, charges, interest,
finance charges and all other debts, obligations and
liabilities of every kind and description, arising out of
all Account transactions authorized by any Cardholder or
any other authorized person or entity, plus any collection
costs, including court costs and reasonable attorneys'
fees. For sole proprietors approved for joint credit,
each of you is jointly and severally liable for payment
of the Account. For individuals who have agreed to
be jointly and severally liable with the Company, both
the individual and Company are jointly and severally
liable for payment of the Account. If you are jointly and
severally liable, we can ask any one or all of you to pay
any or all amounts.
In addition, you consent and agree to the terms of the
Cardholder Documents and to the terms contained on
the Cards, any sales drafts, credit adjustment memos
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or Cash Advance drafts signed by or given to any
Cardholder. The provisions of this Agreement govern your
obligations, notwithstanding any additional or different
terms contained in any other documents evidencing an
Account transaction.
7. REPRESENTATIONS. You attest that (a) the Company is
a valid business entity in good standing under the laws
of the jurisdiction of its organization and (b) each person
signing any Cardholder Document as an authorized
representative of the Company is an owner, partner,
proprietor, director, member or other duly elected officer
of the Company (an "Authorized Representative") and
that pursuant to all requisite resolutions, governing
documents or other corporate actions, is authorized to
complete an application for credit and to borrow on
behalf of the Company.
8. CHANGES IN TERMS. Subject to any requirements and
limitations of applicable law, we may change any of the
terms of this Agreement. Such changes may include
revising or removing existing terms and adding new
terms or replacing your Card with a different Card, which
may have different benefits and features. The terms
changed may include, for example, periodic rates, fees
and this Changes in Terms provision. We will give you
notice of any change as required by applicable law.
9. CREDIT AND CASH LIMITS. We will inform you from
time to time of the maximum amount of the approved
credit line under the Account ("Credit Limit") We will
print the dollar amount of your Credit Limit on the Card
Carrier and each Statement. You may make Balance
Transfers up to the full amount of your available Credit
Limit, subject to any other limits we impose. If you
have cash access on your Account, we may establish a
maximum amount of credit for Cash Advances ("Cash
Limit"), which will be a percentage of the Credit Limit.
If we establish a Cash Limit, we will print the dollar
amount of your Cash Limit on each Statement. We may
also limit the frequency and amount of Cash Advances
you may make in any time period.
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Cardholders may not make, authorize or allow Balance
Transfers, Purchases or Cash Advances in excess of those
limits. You may not get a Cash Advance if it would cause
the total unpaid balance of Cash Advances (including
interest and Cash Advance Fees) to go over your Cash
Limit. We may ask you to pay right away any amount
over your Credit Limit or Cash Limit.
Notwithstanding such limits, however, you are liable
for all Balance Transfers, Purchases and Cash Advances
made on the Account by any Cardholder. We may
increase or decrease any Credit Limit and/or Cash Limit
from time to time. We also may set a limit for other
types of transactions, such as Balance Transfers.
10. PAYMENTS AND STATEMENTS. We will send to the
address you provide a Statement for the Account for
each monthly billing cycle at the end of which:
There is an undisputed debit or credit balance of $1 or
more; or
There is any other activity on your Account and we are
not prohibited by law from sending a communication
to you.
The Statement will set forth the minimum amount you
must pay each cycle ("Minimum Payment") and the date
that it is due ("Payment Due Date"). We will print the
formula we use to calculate the Minimum Payment on
the Supplement.
How to make payments. Make your payment by
check, money order, or similar instrument in U.S.
dollars. If you write a check, the check must be
from a financial institution in the United States. Do
not send US cash. You may not use a Convenience
Check drawn on an account issued by US to pay US.
You can mail your payment to the address shown on
your Statement or you can make a payment during
normal business hours with a Customer Service
Representative at any bank branch identified by the
BMO Harris name, brand or logo. Payments made at
any other location may cause delay in crediting the
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account. With your payment, include your payment
coupon, which is a part of your Statement. If you
do not include your payment coupon, we may
delay crediting the payment to your Account. A Late
Payment Fee and additional interest may be charged
if crediting is delayed. Other options for how to make
a payment may be available. Please call US at the
Customer Service number provided on your Statement
or refer to your Statement for instructions.
We won't treat credits made on your Account,
including credits from merchants or some credits
made by person-to-person money transfers, as
payments, and such credits will not be applied
towards reducing your Minimum Payment. We may
not make credit available on your Account in the
amount of your payment right away. You cannot use
gift cards, gift certificates, electronic certificates or
similar instruments purchased by you or anyone else
with a BMO Harris Bank credit card to make a payment
on your Account.
How we credit payments. Mailed payments received
by 5:00 p.m. Central Time on any business day will
be credited to the Account as of that day. Payments
made at a bank branch identified by the BMO Harris
name, brand or logo during normal business hours
will be credited on that day. Otherwise, we will credit
the payment on the next business day. If a payment
is made at any location other than the address on the
Statement or a bank branch identified by the BMO
Harris name, brand or logo, we may delay crediting
that payment.
Subject to any limitations of applicable law, we reserve
the right to select the method by which payments and
credits are allocated to the Account in our sole discretion.
The payment allocation method that we use may result
in higher interest on the Account, depending on the
types of transactions made and the timing and amount
of payments.
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You agree not to send us payments marked
"paid in full," "without recourse," or with similar
language. If you send such a payment, we may
accept it without losing any of our rights under this
Agreement. All written communications concerning
disputed amounts, including any check or other
payment instrument that indicates that the payment
constitutes "payment in full" of the amount owed or
that is tendered with other conditions or limitations
or as full satisfaction of a disputed amount, must be
mailed or delivered to the Customer Service address
provided on the front of your Statement.
11. INTEREST.
A. How We Calculate Interest. We will calculate
interest on your Account each cycle by multiplying
a daily periodic rate by the balance subject to the
interest rate of your Account as described in section
B below. The periodic rate is the annual percentage
rate ("APR") divided by 365. The Supplement shows
the APRs that apply to your Account.
B. Balance Subject to Interest. The balance subject
to interest is the average daily balance of your
Account. We calculate the average daily balance
on your Account in three categories: (1) Purchases,
(2) Cash Advances, and (3) Balance Transfers. To
get the average daily balance for each category,
we take the beginning balance of your Account
for that category each day. We then add any
new transactions in that category, which may
include fees and interest. We then subtract any
new payments or credits. This gives us the daily
balances for each category. We then add up all of
the daily balances for each category in the billing
cycle and divide the total by the number of days
in the billing cycle. This gives US the Average Daily
Balance for Purchases, the Average Daily Balance
for Cash Advances, and the Average Daily Balance
for Balance Transfers.
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C. When Interest Begins. You will have at least a
21-day grace period ("Grace Period") on some
transactions. This means you have at least 21
days from the Close Date on your Statement to
pay for new Purchases before we charge interest
on them. The Grace Period applies only if you had
no balance left over from the past billing cycle. This
could happen two ways. You could have had no
New Balance (or a credit balance) on the Statement
for the past cycle. Or, you could have paid the
New Balance for the past cycle in full by the
Payment Due Date. When the Grace Period does
not apply, interest on Purchases begins on the
transaction date. The Grace Period does not apply
to Cash Advances or Balance Transfers. Interest on
Cash Advances and Balance Transfers begins on
the transaction date of your Cash Advance or
Balance Transfer. If you take advantage of an offer
with an Introductory or Promotional APR, we will
charge you interest on new Purchases, unless your
new Purchases have a 0% APR, or you pay your
Account balance, including any Balance Transfers,
Cash Advances and Promotional Balances, in full
each month by your Payment Due Date.
D. Pay-In-Full Option. If you have selected a
"Pay-In-Full" option on your Account and if we
receive payment in full in the amount of the
New Balance appearing on your Statement on
or before the Payment Due Date each month,
we will waive interest charges, except that we
will not waive interest charges on Cash Advances
or Balance Transfers.
12. RATES. We will use one or more APRs to determine
how much interest is owed. The Supplement shows the
APRs that apply to the Account.
A. Purchase Rate. The APR for Purchases ("Purchase
Rate") will be the rate shown on the Supplement.
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B. Cash Advance Rate. The APR for Cash Advances
("Cash Advance Rate") will be the rate shown on
the Supplement.
C. Balance Transfer Rate. The APR for Balance Transfers
("Balance Transfer Rate") will be the rate shown on
the Supplement.
D. Variable Rates. All rates applicable to the Account
are variable.
The applicable rate for each billing cycle will be an
index rate ("Index Rate") plus a percentage we select
("Margin"). Different Margins may apply to different
transactions. For example, we may apply one Margin
for Purchases ("Margin for Purchases"). We may apply
a different Margin for Cash Advances ("Margin for Cash
Advances"). We may apply a different Margin for Balance
Transfers ("Margin for Balance Transfers"). We will print
the Margins for the Account on the Supplement.
The Index Rate is the Prime Rate published in The Wall
Street Journal® on the last publication day of each month
just before each Statement date. If there is no published
Prime Rate, we may pick a similar rate. We will tell you
what rate we pick.
Variable rates may change if the Index Rate changes. If
any variable rate increases, the amount of interest and
the Minimum Payment may increase. Any increase or
decrease in a variable APR due to a change in the Prime
Rate takes effect as of the first day of the following
billing period. If a variable rate changes, the new rate
will apply to new transactions and existing balances.
13. OBTAINING CASH ADVANCES. If the Account includes
authorization to obtain Cash Advances, Cardholders may
obtain Cash Advances by either presenting a Card at
a participating bank or using an access check we may
provide from time to time ("Convenience Check"), and, if
requested, providing the proper identifying information
and signing the appropriate drafts. You can also get a
Cash Advance in one of the following ways:
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ATM Cash Advances: Cardholders also may obtain Cash
Advances by using a Card at a compatible automated
teller machine ("ATM"), provided it is used with the
correct PIN. Daily Cash Advances may not exceed the
least of the local ATM limit, if any, the withdrawal and
dollar limits we establish from time to time, or the
Cash Limit. We may limit the frequency and amount of
cash withdrawals you may make in any time period.
We may terminate or block the ability to obtain Cash
Advances at ATMs if we believe that there is unusual
activity on the Account or you are in default under
this Agreement. All Cash Advances are subject to Cash
Advance Fees as described in Section 14.A.4 below
and ATM Cash Advances also may be subject to fees
established by ATM owners.
Convenience Checks: We may send you Convenience
Checks from time to time. We may charge a
Convenience Check to your Account at the time we
receive it, even if it (1) is post-dated, (2) is stale or
(3) will cause you to go over your Credit Limit or Cash
Limit. (By "post-dated," we mean the date of the
check is in the future. By "stale," we mean a bank is
not required to pay the check because the date of the
check is too far in the past.) You can ask US to stop
payment on a Convenience Check. Call or write US at
the telephone number or address on your Statement.
We cannot guarantee stop payment on Convenience
Checks. We will not owe you anything if we fail to
stop payment.
Quasi-Cash Transactions: Purchases of items that
can be traded right away for cash ("Quasi-Cash
Transactions") will be Cash Advances instead of
Purchases. Quasi-Cash Transactions include Purchases
of casino gaming chips, money orders, deposits,
wire transfer money orders, travelers checks, foreign
currency and similar items.
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14. FEES. You agree to pay the following fees. Fees
are subject to applicable law and will be posted to the
Account. We may change or supplement these fees from
time to time, and if we do, we will provide you with
notice of any such change if required by law.
A. Fees Shown on Supplement. If a fee applies to
the Account, we will print the amount of the fee on
the Supplement.
1. A non-refundable Annual Fee will appear on your
first billing Statement and annually thereafter
unless otherwise disclosed;
2. A Late Payment Fee will be assessed on the
Account or on each individually billed Card if we
do not receive at least the full Minimum Payment
by the Payment Due Date;
3. A Returned Payment Fee if any check or similar
instrument or any electronic debit for payment
on the Account is returned unpaid for insufficient
funds or other reason, even if the check,
instrument or debit is later honored or paid;
4. A Cash Advance Fee for each Cash Advance;
5. A Foreign Transaction Fee for any transaction
any Cardholder makes outside the United States
(except Puerto Rico or the U.S. Virgin Islands);
6. An Over Limit Fee if the Account balance
or balance on an individually billed Card
ever exceeds the Credit Limit during a billing
cycle; and
7. A Balance Transfer Fee for each Balance Transfer.
B. Fees Disclosed at Time of Request. We also may
charge you other fees from time to time. If a fee
applies to the Account, we will disclose the amount
of the fee at the time the Cardholder requests
the service. Some fees that may apply to your
Account include:
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1. A Replacement Card Fee if you request a
replacement Card;
2. A Dual Statement Fee if you ask US to send
Statements in both paper and electronic form;
3. A Document Fee if you ask for additional copies
of Statements, drafts and receipts;
4. An Expedited Delivery Fee (in addition to the
Replacement Card Fee above) if you ask US to
send a Card by expedited delivery; and
5. An Expedited Payment Fee if a representative of
ours helps expedite your payment.
C. Convenience Check Fees. Unless prohibited by
law, we may also charge you fees associated with
your use of Convenience Checks, and we will tell
you the amount of the fee at the time you request
the service or with the offer accompanying the
Convenience Checks:
1. A Convenience Check Fee will apply to the use
of Convenience Checks;
2. A Stop Payment Fee if you request to stop
payment on a Convenience Check; and
3. A Returned Payment Fee if a Convenience Check
is returned for non-payment for any reason.
15. CURRENCY CONVERSION. You can make transactions
in currencies other than U.S. dollars. If you do,
MasterCard will convert the amount of the transaction to
U.S. dollars. MasterCard uses either (1) a rate MasterCard
selects from the range of rates available in wholesale
currency markets for the applicable central processing
date, or (2) a rate set by a government for the applicable
central processing date. The conversion rate may be
different from the published rate in effect on the day
that you made the transaction or that we posted the
transaction to your Account.
16. AUTHORIZATION OF TRANSACTIONS. We are not
responsible (a) if a merchant or financial institution
does not honor any Card or Convenience Check or (b)
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for goods or services purchased by using the Account,
except to the extent required by applicable law. Although
there may be credit available on the Account, we may
be unable to authorize credit for a particular transaction
because of operational difficulties or mistakes. The
number of transactions any Cardholder may make in one
day may be limited since we may limit the number of
authorizations that may be given. We reserve the right
to limit the amount and number of transactions we
will authorize per day. From time to time the number
or amount of allowable authorizations per day may
vary. These restrictions are for security reasons. As a
result, we cannot explain the details of how this system
works. Neither we nor our agents will be responsible if
authorization for a particular transaction is not given. If
any Cardholder exceeds the Credit Limit or Cash Limit, or
if the Account is past due, authorization for transactions
may be declined.
17. CARDS WITHOUT AN EMPLOYEE'S NAME. If you
request that we issue a Card that will not bear an
employee's name, such as a Card assigned to a
department of the Company or a Card assigned to a
vehicle instead of an individual employee, the following
additional provisions shall apply: (a) the Card shall be
embossed with the name of the department or vehicle,
as appropriate, and any person using the card from
time to time shall be the "Cardholder" of the Card; (b)
notwithstanding Section 21, you acknowledge that the
Card will not have a Cardholder's signature, and agree
to be liable for all Purchases made with the Card (but
in the case of a Card assigned to a vehicle, only from
merchants providing fuel and maintenance services),
whether or not the Purchases were made by a duly
authorized employee; (c) you acknowledge that such
Cards entail the risk of merchant rejection as well as a
greater risk of unauthorized use because the absence of
an individual Cardholder name and specimen signature
preclude customary verification that the user of the Card
is an authorized Cardholder. You agree not to dispute or
contest with or through us whether the use of any such
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Card or related account was authorized; (d) we will not
issue a PIN in connection with the Card for the purpose
of obtaining Cash Advances; and (e) notwithstanding
anything to the contrary in Section 10, we will provide
Statements for the Card.
18. DEFAULT. You agree to observe and comply with this
Agreement and not to permit an event of default to
occur. You further agree not to take any action or permit
any event to occur that materially impairs your ability to
pay when due. Subject to any applicable law, upon the
occurrence of any one or more of the following events
of default, the full amount of the Account shall, at our
option, become immediately due and payable: (a) you
or any Cardholder who receives an individually billed
statement fails to pay at least the Minimum Payment
when due; (b) you fail to observe any covenant or duty
contained in this Agreement; (c) you become insolvent
or the subject of bankruptcy or insolvency proceedings;
(d) you or any Guarantor provide or have provided any
information to US that is false in any material respect;
(e) you or any Guarantor dies, ceases to exist, changes
residency to another state or is subject to a material
change in the majority ownership or control; (f) the
occurrence of default under any agreement securing
the obligations hereunder, including, but not limited
to, any Personal Guaranty; or (g) upon termination
of any Personal Guaranty, whether by revocation of
the Guarantor or otherwise. Subject to applicable law,
you agree to pay all costs of collection before and
after judgment, including reasonable attorneys' fees
(including those incurred in successful defense or
settlement of any counterclaim you bring or incident to
any action or proceeding involving you brought pursuant
to the United States Bankruptcy Code).
19. TERMINATION OF ACCOUNT. Your consent to this
Agreement may be terminated at any time by calling US at
the Customer Service number on your Statement or writing
to US at the address on your Statement. Such termination
will not affect your obligations as to any balances or
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charges outstanding at the time of termination. Your
termination will be binding on each Authorized User.
Unless terminated earlier, the privilege to use the Cards
will expire on the date shown on the Cards.
We can suspend or close your Account at any time. We
will not tell you first unless applicable law requires US
to do SO. We may suspend or close your Account for any
reason. One of the reasons may be your default under
this Agreement. We also may close your Account if there
is a material change with any of your other banking
relationships with US.
The Cards are and will remain our property, and
Cardholders must surrender them to US on demand. You
agree to notify US of any cancellation of an Authorized
User's charging privileges. You must return to US any
Cards issued to Authorized Users whose privileges have
been terminated.
20. TELEPHONE MONITORING AND SOLICITATION;
CONSENT TO COMMUNICATIONS. For quality control
purposes, you agree that we may listen to or record
telephone calls between you and US. If you provide
US with your cell phone number as a contact number
for your Account, you acknowledge and agree that
we may contact you at that number. You agree that
communications concerning your Account and available
products and services are not unsolicited, including
calls which are dialed automatically and play a recorded
message. You agree that we may use automated
telephone equipment or prerecorded messages to
contact you about your Account and available products
and services.
You agree that we may contact you or any Authorized
Representative for any reason regarding your Account,
including collection of payments, using (a) any contact
information, including, but not limited to, an e-mail
address or cell phone number you provide at the time
of application or in the future and (b) an automated
telephone dialing system and/or artificial or prerecorded
voice message, even if you are charged for the call under
your phone plan.
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21. AUTOMATIC BILLING UPDATER SERVICE.
We participate in the MasterCard® Automatic Billing
Updater (ABU) service. When your Card number or expi-
ration date is updated, or your Account is closed, we will
provide the updated Card information to merchants who
participate in ABU with whom you have automatic billing
arrangements (such as telephone, cable companies,
insurance and health clubs). Since not all merchants
participate in ABU, you should notify each merchant with
whom you have automatic billing arrangements of the
updated Card information to ensure your payments are
not interrupted. If you do not want US to provide your
Card updates through ABU, please call the customer
service number on the back of your credit card and allow
60 days for your opt out to take effect.
22. LIABILITY FOR UNAUTHORIZED USE. If you notice the
loss or theft of any Card or a possible unauthorized use
of any Card, call US immediately at the Lost or Stolen
telephone number on your Statement. Unauthorized use
is any use by an individual other than an Authorized User
if made without your knowledge or consent.
Any use by an Authorized User, or by any other person
with the knowledge, authority or consent of the
Authorized User, or you, is authorized use. If nine (9)
or fewer Cards are issued on the Account, you will not
be liable for any unauthorized use that occurs after you
notify US. You may, however, be liable for unauthorized
use that occurs before notice to US. In any case, your
liability will not exceed $50. If ten (10) or more Cards are
issued on the Account, you will be liable for any and all
unauthorized use.
23. SPECIAL PROGRAMS. From time to time, we may
offer Special Programs. A Special Program will have
some terms that are different from the terms in this
Agreement. We will tell you the terms when we make
the offer. If you accept the offer, you agree to those
terms. Except where the Special Program terms are
different, the terms in this Agreement continue to
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apply to Special Program transactions. The terms in this
Agreement also continue to apply to transactions that
are not Special Program transactions. We may use your
payments up to the required Minimum Payment to pay
down Special Program balances before other balances on
your Account. This may reduce the time that any Special
Program applies to your Account. This also may increase
the amount of interest you will owe on the other
balances. Special Programs may include, for example:
Introductory Rate: A lower rate ("Introductory Rate")
will apply to your Account or to certain transactions
on your Account (for example, Purchases) for a certain
period of time ("Introductory Period"). However,
the Introductory Period may end sooner. It will end
sooner if you do not pay the full Minimum Payment
within 60 days of the Payment Due Date. After the
Introductory Period ends, the rate(s) will increase to
the rate(s) that applies at that time. If your Account
has an Introductory Rate, we will print the Introductory
Rate and Introductory Period on the Supplement. The
Supplement also will explain the transactions to which
the Introductory Rate applies.
Promotional Rate: A different rate ("Promotional
Rate") will apply to your Account or to certain
transactions on your Account for a certain period
of time ("Promotional Period"). However, the
Promotional Period may end sooner. It will end sooner
if you pay the balance subject to the Promotional Rate
before the Promotional Period ends. Except during
the first year your Account is open, it also will end
sooner if you do not pay the full Minimum Payment
by the Payment Due Date. During the first year your
Account is open, it also will end sooner if you do not
pay the full Minimum Payment within 60 days of the
Payment Due Date. After the Promotional Period ends,
the rate(s) will increase to the rate(s) that applies at
that time. If your Account has a Promotional Rate,
we will print the Promotional Rate and Promotional
BMO Harris Bank Business Cardholder agreement
18
Period on the Supplement or Special Program offer.
The Supplement or Special Program offer also will
explain the transactions to which the Promotional
Rate applies.
24. CREDIT INVESTIGATION. You authorize US to
investigate your credit standing before we open the
Account or issue Cards and at any time thereafter
for any purpose related to reviewing, servicing or
updating the Account, including without limitation
for purposes of collecting amounts owed under this
Agreement. You understand and agree that this
investigation may include our obtaining credit reports
from consumer reporting agencies.
25. GOVERNING LAW. This Agreement and the Account
are governed by federal law applicable to a national
bank and, to the extent not preempted by federal law,
the laws of Illinois, without regard to its conflicts of
law provisions. We have entered into this Agreement
in Illinois.
26. ARBITRATION PROVISION. Either you or we can ask
the other to resolve a Claim by binding arbitration. By
"Claim," we mean any claim, dispute or controversy
(whether in contract, tort or otherwise) at any time
arising from or relating to the Account or this Agreement.
We intend the term Claim to have the broadest possible
meaning.
Claim includes, by way of example and without
limitation:
Claims arising from the Application for or issuance,
use, terms, change in terms or addition of terms,
closing or collection of the Account or this Agreement;
Claims arising from advertisements, promotions, or
oral or written statements related to the Account,
including any Claims regarding information we got
from you or we reported to you, credit reporting
agencies or others;
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Credit Cards
Claims related to the goods or insurance or other
services purchased under the Account;
Claims between you and our parent corporations,
wholly or majority owned subsidiaries, affiliates,
predecessors, successors, assigns, agents,
independent contractors, employees, officers, directors
or representatives arising from the Account or this
Agreement; and
Claims regarding the validity, enforceability or scope of
this Arbitration Provision or this entire Agreement.
However, the term Claim does not include any Claim
relating to the validity and effect of any class action,
consolidation and/or joinder waiver.
Arbitration is different from a lawsuit in many ways. If
you or we ask for arbitration of a Claim, neither you nor
we could get a court or jury to decide the Claim. There
may be limits on the amount of information you and
we could get from each other before the arbitration.
You could not be part of a class of people with similar
complaints after you or we ask for arbitration. Except as
explained below, the arbitrator's decision will be final
and binding. Other rights available to you in court may
not be available in arbitration.
The American Arbitration Association ("AAA") or JAMS
will conduct any arbitration between you and US. The
rules for arbitrations will be those of either AAA or JAMS
applicable to commercial arbitrations ("Rules") and in
effect when you or we file the Claim. If something in
the Rules is different from something in this Arbitration
Provision, we will follow this Arbitration Provision. You
can get the Rules and other forms by calling the AAA
at 1-800-778-7879, visiting the AAA's website at
www.adr.org or writing to the AAA at 1633 Broadway,
10th Floor, New York, NY 10019, or by calling JAMS at
1-800-352-5267, visiting the JAMS website at
www.jamsadr.com or writing to JAMS at 1920 Main
Street, Suite 300, Irvine, CA 92614. If for any reason
either the AAA or JAMS cannot, will not or ceases to
be an arbitration administrator, we will pick another
BMO Harris Bank Business Cardholder agreement
20
administrator with similar rules.
If you want to arbitrate a claim, send US notice at BMO
Harris Bank N.A., Customer Service, P.O. Box 6101, Carol
Stream, IL 60197-6101. Then contact either the AAA or
JAMS to find out how to file a Claim. If needed, we will
meet for an arbitration hearing in the federal judicial
district where you are located or some other place we all
agree is convenient.
Arbitration fees can be more expensive than court fees.
Unless applicable law requires otherwise, each party has
to pay for our own attorney, expert and witness fees, no
matter who wins the arbitration.
No Claim can be arbitrated on a class action basis.
An arbitration can decide only your or our Claims. You
cannot have a joint arbitration with any parties other
than persons who use the Account. You also cannot bring
together any Claims other than those relating to the
Account and persons who use the Account. A court with
proper jurisdiction and not an arbitrator will determine
whether this provision prohibiting class actions, joinder
and/or consolidation is valid and effective.
This Arbitration Provision relates to a transaction
involving interstate commerce. It will be governed by
the Federal Arbitration Act ("FAA"), as amended, even
if different laws apply to other parts of this Agreement.
The arbitrator will apply applicable substantive law
consistent with the FAA. The arbitrator will apply
applicable statutes of limitations. The arbitrator also
will honor claims of privilege recognized at law.
Whoever wins the arbitration can get a judgment on
the arbitration award in any court having jurisdiction.
Judgments include, for example, garnishment,
attachment, foreclosure or other post-judgment
remedies.
The arbitrator's decision generally will be final and
binding. If there is a right of appeal under the FAA,
however, any party can appeal the award. The party
who appeals must pay for the appeal no matter what
happens at the end.
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Credit Cards
This Arbitration Provision will apply even after you repay
the Account and after the Account is closed. If a court
decides that any part of this Arbitration Provision is
invalid or unenforceable under the FAA, the other parts
still apply. However, if a court decides that the part
prohibiting class actions, consolidation and/or joinder is
invalid or unenforceable, then this Arbitration Provision
will not apply.
27. SECURITY INTEREST AND RIGHT OF SET OFF. You grant
US a security interest in and a right of set off against any
of your monies, deposit accounts, securities and other
property now or hereafter held or received by US as
security for all amounts that you may owe to US under
this Agreement.
28. NO TRANSFER. The Account, Cards, this Agreement,
your obligations, and any Personal Guaranty are not
transferable or assignable by you, but may be transferred
or assigned by US to any other person, with or without
advance notice to you.
29. NO WAIVER BY US. We may choose to delay
enforcing or to waive any of our rights under this
Agreement in certain situations. We can delay enforcing
or waive any of our rights without affecting our other
rights. If we waive a right, we do not thereby waive the
same right in other situations.
30. SEVERABILITY. If any provision of this Agreement is
finally determined to be unenforceable under any law,
rule or regulation, all other provisions of this Agreement
are still valid and enforceable.
31. ENTIRE AGREEMENT. The Cardholder Documents
constitute the entire agreement between US and you
relating to the Account and supersede any other prior
or contemporaneous agreement between US and you
relating to the Account. Except as otherwise provided, if
there is any conflict among these documents, the terms
of this Agreement control.
BMO Harris Bank Business Cardholder agreement
22
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2015 BMO Harris Bank N.A. (01/17)
10056549
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