Credit Card Agreement for 
Consumer Credit Cards issued 
by M&T Bank 

8/24/12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The following Disclosures apply to M&T Bank’s M&T Visa® Credit Card, M&T Visa® Credit Card with 
Rewards, and M&T Visa® Signature Credit Card accounts, and are provided as required by law. 

Interest Rates and Interest Charges 
Annual Percentage Rate (APR) 
for Purchases 

Each of these APR’s will vary with the market based on the Prime Rate: 
M&T Visa® Credit Card Accounts, between 9.24 - 16.24% based on your 
creditworthiness. 

M&T Visa® Credit Card with Rewards Accounts, between 11.24 - 18.24% 
based on your creditworthiness. 

M&T  Visa®  Signature  Credit  Card  Accounts,  between  11.24  -  18.24% 
based on your creditworthiness.  
0.00% Introductory APR for the first 12 billing cycles.  After that the APR depends 
on the type of credit card account you get and will vary with the market based on 
the Prime Rate: 

M&T Visa® Credit Card Accounts, between 9.24 - 16.24% based on your 
creditworthiness.  

M&T Visa® Credit Card with Rewards Accounts, between 11.24 - 18.24% based on 
your creditworthiness.   

M&T Visa® Signature Credit Card Accounts, between 11.24 - 18.24% based on 
your creditworthiness.  
22.24%.  This APR will vary with the market based on the Prime Rate. 
24.99%  This  APR  may  be  applied  to  your  account  if  your  account  is  past  due  60 
days. 

How Long Will the Penalty APR Apply?  If your APRs are increased, the Penalty 
APR will apply until you make 6 consecutive minimum payments when due. 
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.   
To  learn  more  about  factors  to  consider  when  applying  for  or  using  a  credit  card, 
the  Consumer  Financial  Protection  Bureau  at 
visit 
http://www.consumerfinance.gov/learnmore. 

the  website  of 

4% of each balance transfer (minimum $10) 
3% of each transaction (minimum $10) 
$12.50 for each transaction, but charged no more than once per day 
3%  of each transaction in  U.S. dollars (excluding the M&T Visa® Signature Credit 
Card, on which no Foreign Transaction Fees are charged) 

APR for Balance Transfers 

APR for Cash Advances 
Penalty APR and When it 
Applies 

How to Avoid Paying Interest 
on Purchases 

For Credit Card Tips from the 
Consumer Financial Protection 
Bureau 

Fees 
Transaction Fees 

Balance Transfer 
Cash Advance 
Overdraft Transfer 
Foreign Transaction Fee 

Penalty Fees 

Late Payment 
Unpaid Convenience Checks 
Returned Payment 

up to $35 
up to $25 
up to $25 

How We Will Calculate Your Balance:  We use a method called “average daily balance (including new purchases).” 

Loss of Introductory APR:  We may end your introductory APR and apply the Penalty APR if you are more than 60 days 
late. 

The information about the costs of the card described in this application is accurate as of (8/24/12).  This information may 
have changed after that date.  To find out what may have changed, call us at (800) 724-2440. 

8/24/12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an 
account, including your name, address, date of birth and other information that will allow us to verify your identity. 

Authorization 
By  submitting  an  application  for  any  M&T  Bank  credit  card,  you  agree  that  you  are  at  least  18  years  old,  you  are  a  U.S. 
citizen or permanent resident, you have a valid social security number, and that all information you have provided to us on 
the application or any other document is true and complete. You authorize us to obtain your credit and employment histories, 
and agree that  we may, at any  time, obtain credit reports or any  other information  we feel is necessary in connection  with 
your  application  or  any  audit,  review,  update,  quality  control,  renewal,  extension  or  collection  of  any  credit  extended  as  a 
result of your application. 

You acknowledge that all of the terms provided by these disclosures are subject to change, at our discretion, at any time, and 
agree  that  if  we  accept  your  application,  you  will  comply  with  all  of  the  terms  contained  in  your  M&T  Bank  Credit  Card 
Agreement  and  Disclosures  and  Terms  that  we  will  provide  to  you.    You  agree  that  if  you  have  requested  an  M&T  Visa® 
Signature  Credit  Card  and  do  not  meet  all  applicable  requirements,  we  may  issue  you  an  M&T  Visa®  Credit  Card  with 
Rewards. 

Balance Transfers 
We  may  decline  balance  transfer  requests  under  certain  circumstances.  For  example,  if  your  account  is  delinquent  or 
overlimit,  we  may  decline  to  process  your  request.  If  we  do,  we  will  notify  you.  If  you  are  an  M&T  Visa®  Credit  Card 
Customer  or  an  M&T  Visa®  Credit  Card  with  Rewards  Customer,  your  balance  transfer  limit,  including  all  applicable  fees, 
may not exceed the value of your available credit line. If the total balance transfer amount you request exceeds the value of 
your  available  credit  line,  you  authorize  us  to  send  either  full  or  partial  payment  to  your  creditors  in  the  order  you  provide 
them  to  us.    For  M&T  Visa®  Signature  Credit  Card  Customers,  we  may,  at  our  discretion,  process  balance  transfer 
transactions that exceed your available revolving limit. 

A credit card balance transfer can only be used to pay off an existing credit card balance with another financial institution.  It 
cannot be used to pay off a loan or line of credit or another debt held by M&T Bank or its affiliates. 

Please  review  your  Credit  Card  Agreement  and  Disclosures  and  Terms  when  you  receive  them.    We  will  not  effect  any 
balance transfer you request if you call (800) 724-2440 and withdraw your balance transfer request within 10 days after the 
date the Credit Card Disclosures and Terms are mailed to you. 

Please continue to make your monthly payment on any account from which you are transferring balances until the requested 
balance transfer is complete.  Standard processing time varies, so your balance transfer may not take effect before your next 
cycle. 

© 2012 M&T Bank 

8/24/12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
M&T Bank VISA Credit Card Agreement 

THIS  AGREEMENT  INCLUDES  AN  ARBITRATION  PROVISION.    YOU  MAY  REJECT  THE  ARBITRATION  PROVISION  IN 
ACCORDANCE WITH THE TERMS OF THE “ARBITRATION” SECTION BELOW. 

This Agreement governs the use of Your M&T Visa® Credit Card, M&T Visa® Credit Card with Rewards, or M&T Visa® 
Signature Credit Card account with M&T Bank, and it is the contract that applies to all transactions on Your Account even 
though the sales, cash advance, credit or other slips You sign or receive may contain different terms.  This Agreement is 
the  final  expression  of  the  terms  and  conditions  of  Your  credit  card  account  with  Us,  and  it  may  not  be  contradicted  by 
evidence of any alleged oral agreement.  If any part of the Agreement conflicts with applicable law or is determined by a 
court  to  be  invalid,  this  Agreement  will  be  considered  changed  to  the  extent  necessary  to  comply  with  the  law  or  court 
decision  and  the  rest  will  remain  in  effect.    By  applying  for  or  using  the  Card,  You  agree  that  We  may  provide  Your 
personal data to VISA U.S.A., its members or their agents for the purpose of providing emergency cash and emergency 
credit card replacement services.  Please read this Agreement and keep it for Your records.  

Definitions  

In  this  Agreement,  “We,”  “Us,”  and  “Our”  mean  M&T  Bank,  its  successors  and  assigns.  “You”  and  “Your”  mean  each 
person who signs an application for, or otherwise requests, a credit card account with Us.  “Account” means Your credit 
card account with Us.  “Card” means each credit card or other access device, such as account numbers, We issue to You 
for Your Account. “Checks” mean promotional cash advance or balance transfer checks and convenience checks We may 
provide You from time to time.  “Agreement” means this Agreement and Your “Disclosures and Terms” that were provided 
with  Your  Card  Carrier,  which  may  be  set  forth  in  two  or  more  documents  that  together  comprise  Your  “Agreement.”  
“Transaction” means any amount of credit obtained under Your Account for purchases, cash advances, balance transfers, 
Checks and overdrafts.  “Outstanding Balance” means the total dollar amount of Your obligation under this Agreement for 
all Transactions, interest, finance charges, fees, and any other costs.  

Governing Law 

This Agreement is entered into by Us, and made in accordance with, federal law and, to the extent not preempted 
by federal law, the law of the State of Delaware, where We and your Account are located.  Regardless of the state 
of Your residence or the place to which You submitted an application, or where Your Account is used, except as 
provided  otherwise  in  the  Arbitration  provision  below,  any  legal  question  concerning  Your  Account,  including, 
without  limitation,  provisions  of  the  Agreement  relating  to  finance  charges,  other  charges  and  fees,  will  be 
decided  in  accordance  with  applicable  federal  law  and,  except  where  preempted  by  federal  law,  or  as  made 
applicable by federal law, applicable Delaware State law without regard to its conflict of law principles. 

Responsibility  

By applying for or using the Card, You accept, agree to, and are bound by these terms and conditions.  You promise to do 
everything this Agreement requires of You, and You promise to pay all amounts due on Your Account.  Your obligation to 
pay the Outstanding Balance continues even though an agreement, divorce decree or other court judgment to which We 
are not a party may direct You or one of the other persons responsible to pay the account.  You agree to pay each and all 
of the interest, fees and charges described in this Agreement. 

Joint Accounts 

If  Your  Account  is  a  “Joint  Account,”  You  and  Your  Joint  Account  holder  promise  to  pay  and  are  jointly  and  individually 
responsible for all amounts due on the Account.  This means that We can require any one of You individually to repay the 
entire  amount  owed  under  this  Agreement.  Each  of  You  authorizes  the  other(s)  to  make  purchases,  cash  advances,  or 
otherwise  access  Your  Account,  individually.    Any  one  of  You  may  terminate  the  Account  and  the  termination  will  be 
effective as to all of You.  You agree not to give Us conflicting directions. 

Authorized User 

If  You  or  Your  Joint  Account  holder  lets  someone  else  use  the  Account  (Authorized  User),  You  and  any  Joint  Account 
holder are responsible for all Transactions made by that person, whether or not You have notified Us that the person will 
be using Your Account and whether or not the amount of the actual use exceeds Your permission or was made for Your 
benefit.  An Authorized User will not be responsible for paying the balances due on Your Account.  You cannot disclaim 
responsibility  for  these  charges  by  notifying  Us,  but  if  You  write  Us  at  the  address  or  call  Us  at  the  telephone  number 

8/24/12 

 
 
shown on Your billing statement and return all Cards and Checks to us, We will close Your Account for new Transactions.  

Using Your Account 

Sign  Your  Card  immediately  upon  its  receipt.    If  You  do  not  sign  the  Card,  You  will  still  be  obligated  to  pay  amounts 
incurred on Your Account.  The Card may only be used during its validity period, which is printed on the Card. 

Whether  in  person  or  via  mail,  telephone,  internet,  or  any  other  electronic  methods,  You  may  use  the  Card  to  make 
purchases of goods or services from merchants and others who accept VISA Cards.  You may obtain cash advances from 
Us  and  from  other  financial  institutions  that  accept  VISA  Cards,  as  well  as  from  automated  teller  machines  (ATMs)  that 
accept  VISA  Cards  (but  not  all  ATMs  accept  VISA  Cards.)    To  obtain  cash  advances  from  an  ATM,  You  must  use  the 
Personal Identification Number (PIN) that is issued to You.  You may use Checks to access Your Account, subject to any 
terms communicated to You with the Checks in addition to the terms of this Agreement (see below for information about 
Checks).  

If  You  have  an  M&T  Bank  Interest  Checking  Account  or  other  Checking  Account,  You  may  link  the  Checking  Account 
(Your Checking Account) to Your Account to cover overdrafts on Your Checking Account.  If you ask to link Your Checking 
Account  to  Your  Account,  You  authorize  Us  to  de-link  Your  Checking  Account  from  any  other  account  with  M&T  Bank, 
which currently may be serving as an overdraft mechanism.  If You have requested overdraft protection for Your Checking 
Account, You will obtain credit from Your Account, subject to the Credit Limit and other provisions of this Agreement and 
the terms of Your Checking Account Agreement, by any of the following methods: (1) if an M&T Bank Check Card or Visa 
check card is used at an electronic facility to make a withdrawal or transfer from Your Checking Account, but the amount of 
the  withdrawal  or  transfer  exceeds  the  balance  available  for  withdrawal  from  Your  Checking  Account,  We  will  lend  the 
excess under Your Account , (2) if any other amount is sought to be withdrawn from Your Checking Account (for example, 
by  a  check  or  to  pay  a  service  charge  or  other  fee  charged  against  Your  Checking  Account)  but  exceeds  the  balance 
available for withdrawal from Your Checking Account, We will lend the excess under Your Account, (3) if at any banking 
office of M&T Bank, You cash a check or other item but the check or other item is not paid by the financial institution on 
which it is written, the amount of the check or other item will be considered to have been lent under Your Account, and (4) 
if any transfer or other transaction made or attempted to be made by any means results in a transfer or transaction in an 
amount in excess of the balance available for withdrawal from Your Checking Account, We will lend the excess under Your 
Account.  This paragraph applies regardless of who initiates the transaction that accesses Your Account.  

You must not obtain any Transaction to (1) make a payment under this Agreement or pay any other indebtedness existing 
now or coming into existence in the future from You to Us or any current or future M&T Bank affiliate or (2) buy, carry or 
trade in, or repay any indebtedness originally incurred to buy, carry or trade in, any margin stock or margin security. Use of 
Your Account must be limited to personal, family, or household purposes.  

We also may issue Checks to You from time to time.  When You sign a Check, You request a cash advance from Your 
Account.    We  may  refuse  to  pay  a  Check  for  any  reason.    At  Your  risk  and  upon  Your  request,  We  will  accept  a  stop 
payment  request  on  a  Check.      You  must  provide  Us  with  any  information  We  may  require.    A  stop  payment  request 
becomes  effective  only  after  We  have  had  a  reasonable  opportunity  to  act  upon  it.    Our  receipt  of  Your  stop  payment 
request comes too late if:  We have indicated in any manner that We will pay or honor the Check; the Check is already in 
Our processing system; or We do not have a reasonable time to act upon  it (and  You and We agree that the receipt  of 
Your stop payment request on the same day as the Check is presented to Us does not give Us a reasonable time to act on 
the  stop  payment  request).    Stop  payment  requests  may  be  made  orally  or  in  writing.    An  oral  stop  payment  request  is 
effective for 14 calendar days following Our receipt unless confirmed by You in writing before the end of that time period.  
A written stop payment request is effective for 6 months following Our receipt and must be renewed in writing.  If You fail to 
renew a stop payment request before it expires, You will be deemed to have consented to payment of the Check. 

Credit Limit 

Your  “Credit  Limit”  is  the  maximum  amount  of  Transactions  (purchases,  cash  advances,  Checks,  balance  transfers, 
overdraft protection, promotional cash advances, and  promotional  balance transfers), interest, finance charges, plus any 
other charges that We allow You to owe Us on Your Account at any time.  You will be advised of the Credit Limit when We 
issue the Card.  You promise not to allow Your Outstanding Balance to exceed Your Credit Limit. However, if You exceed 
Your  Credit  Limit,  You  are  still  responsible  to  pay  the  Outstanding  Balance  to  Us,  We  do  not  give  up  any  of  our  rights 
under this Agreement and We can require that You immediately pay to Us any amount in excess of Your Credit Limit.  We 
may establish a maximum cash advance amount that is less than Your Credit Limit.  This cash advance limit is Your Cash 
Limit.  

Each  payment  You  make  to  Your  Account  will  restore  Your  Credit  Limit  by  the  amount  of  the  payment,  unless  You  are 

8/24/12 

over Your Credit Limit.  At Our sole discretion, We may wait to restore Your Credit Limit until We have actually collected 
the funds You have submitted to Us in payment.  If You are over Your Credit Limit, You must pay the amount You are over 
before  payments  will  begin  to  restore  Your  Credit  Limit.    You  may  request  an  increase  in  Your  Credit  Limit  only  by  a 
method acceptable to Us.  

We can increase or decrease Your Credit Limit and can refuse to make a Transaction (without prior notice) at any time for 
any reason not prohibited by law.  We are not responsible for any losses if a Transaction is declined for any reason, either 
by  Us  or  someone  else,  even  if  You  have  credit  availability.    We  may  require  You  to  register  Your  account  with  an 
authorization system that We select for online Transactions, and decline Your online Transactions if You do not register.  

Signature Card Limit 

If You have a Signature Card, we will assign you a Revolving Limit.  You will generally be able to make purchases up to 
the Revolving Limit, or in certain cases, in excess of the Revolving Limit.  We will not approve unlimited spending.  Instead, 
individual purchase Transactions will be evaluated by Us based on factors such as suspected fraud, account history, credit 
record,  payment  resources,  revolving  balances,  prior  cash  advances  and  safety  and  soundness  considerations.    If  We 
authorize  a  purchase  Transaction  that  causes  You  to  exceed  Your  Revolving  Limit,  then  You  must  pay  the  amount  by 
which  Your  Outstanding  Balance  exceeds  Your  Revolving  Limit  in  addition  to  any  regular  payment  that  is  due  (see  the 
section headed “Minimum Monthly Payment”). 

Interest 

We figure interest on your Account using the Average Daily Balance (including new transactions) method.  We calculate 
interest  separately  for  each  category  of  Transactions  (purchases,  cash  advances,  checks,  balance  transfers,  overdraft 
protection,  promotional  cash  advances,  and  promotional  balance  transfers).    For  each  category  of  Transaction,  we 
calculate a Balance Subject to Interest Rate for the billing cycle by adding up the daily balances and dividing that amount 
by the number of days in the billing cycle.  Interest for each balance is calculated by multiplying the Daily Periodic Rate for 
each balance times the Balance Subject to Interest Rate for each category and by the number of days in the billing cycle.    

We  begin  with  the  balance  for  each  category  on  the  first  day  of  the  billing  cycle  and  add  any  unpaid  periodic  interest 
charge.  To get  the  daily balance for each category,  we take the  beginning balance each  day, add any  periodic interest 
from the prior day, add any new transactions and other debits (such as fees), subtract any credits or payments as of that 
day and make other adjustments.  A credit balance is considered zero.  Then, for each category, we calculate a Balance 
Subject  to Interest Rate for the  billing cycle by  adding up the daily  balances and dividing that amount  by  the number of 
days in the billing cycle. 

Except as provided in the section headed “Grace Period for Purchases,” interest will begin to accrue on any Transaction 
on the transaction date.  For Checks, the transaction date is the date the check is presented to Us for payment. 

Your  APRs  and  Daily  Periodic  Rates  may  vary  (i.e.,  increase  and  decrease)  with  changes  in  the  prime  rate  (as  defined 
below).  We will determine Your purchase APR by adding Your purchase margin to the prime rate. We will determine Your 
cash  advance  and  check  APRs  by  adding  a  margin  of  18.99%  to  the  prime  rate,  and  Your  overdraft  APR  by  adding  a 
margin of 10.99% to the prime rate. Your balance transfer APR will be equal to Your purchase APR after any applicable 
promotional  period  expires.    To  the  extent  permitted  by  applicable  law,  Your  APRs  are  not  subject  to  a  maximum 
limit. 

We  calculate  each  APR  for  each  monthly  billing  cycle  by  adding  the  appropriate  margin  to  the  prime  rate 
published in The Wall Street Journal on the first business day of the previous month. The “prime rate” is the highest 
U.S. Prime Rate published in the Money Rates section of The Wall Street Journal. The prime rate is not the lowest or the 
best interest rate available to a borrower at any particular bank at any particular time – it is only a pricing index. If The Wall 
Street Journal stops publishing the prime rate, We will select a similar pricing index rate to calculate Your APRs. 

For each billing period, We see what the prime rate was on the first business day of the previous month. For example, the 
prime  rate  for  the  billing  period  beginning  March  1  will  be  the  prime  rate  published  on  February  1.  We  then  add  the 
applicable margin to that prime rate to get the APR. The Daily Periodic Rate is 1/365th of the APR, and 1/366th in a leap 
year. If Our calculation results in a change to a Daily Periodic Rate from the previous month because the prime rate has 
changed, the new rate will apply as of the first day of Your billing period that begins for the current monthly billing cycle.  If 
the Daily Periodic Rate increases, You will have to pay a higher interest charge and may have to pay a higher Minimum 
Monthly Payment.  

8/24/12 

 
 
 
Grace Period for Purchases 

You can avoid interest charges on new purchases when they are first billed on a monthly statement, as described in this 
paragraph,  but  not  on  other  balance  categories.    If  a  monthly  statement  includes  new  purchases,  and  You  make  a 
payment that we receive by the due date for that statement, which is at least 25 days after the close of the billing period, 
we  will  not  charge  interest  on  any  portion  of  the  new  purchases  on  that  statement  to  which  we  allocate  such  payment, 
provided  that  Your  current  statement  also  shows  that  we  received  payment  of  the  New  Balance  for  Your  prior  month’s 
statement by the payment due date on that statement, or the New Balance on that statement was zero.  

Penalty Rate 

A Penalty APR of 24.99% (Daily Periodic Rate of .06847%) will apply to all balance categories instead of the introductory 
APR or regular APRs if You fail to pay the Minimum Monthly Payment within 60 days after its due date.  If You promptly 
remedy the default, Your Account will return to the regular APRs for each balance after 6 consecutive cycles in which Your 
Account  is  deemed  current  and  is  not  in  default.    Otherwise,  Your  APRs  will  remain  at  24.99%  (Daily  Periodic  Rate  of 
.06847%) until Your Outstanding Balance is paid in full.  The APR increase will occur regardless of whether We exercise 
any other right or remedy permitted under this Agreement or by law for Your default. 

Fees and Charges 

Late Charges. You must pay a late charge, as described below, if any Minimum Monthly Payment is overdue. 

Late Payment Charge of $25 ($35 if You make a late payment within 6 billing cycles of any previous late payment).  We 
add the late charge to Your purchase balance. 

Returned Check Charges.   If You use a payment check to pay any amount owing under Your Account and the check is 
not paid, You must pay a returned check charge of $25.  We add the charge to Your purchase balance as of the date of 
dishonor.  

Cash Advance. If You obtain a cash advance, You must pay a cash advance fee of three percent (3%) of the value of the 
cash that is advanced, subject to a $10 minimum fee.  This fee is a FINANCE CHARGE.  We add the fee to Your cash 
advance balance as of the Transaction date. 

Balance Transfer. If You obtain a balance transfer, You must pay a balance transfer fee of four percent (4%) of the value 
of  the  transferred  balance,  subject  to  a  $10  minimum  fee.    This  fee  is  a  FINANCE  CHARGE.   We  add  the  fee  to  Your 
balance transfer balance as of the Transaction date. 

Overdraft Transfer. If You have linked Your Checking Account to Your Account, You must pay a $12.50 transfer fee  on 
the day a transfer to Your Checking Account occurs (regardless of the number of transfers made during the day).  This fee 
is a FINANCE CHARGE.  We add the fee to Your overdraft balance as of the Transaction date. 

Unpaid  Convenience  Check  Fee.  If We  do  not  pay  a  Check  (because  You  have  asked  us  not  to  do  so  or  if  we  have 
decided not to pay it because You are in default, a Check has expired, etc.) You must pay an Unpaid Convenience Check 
Fee of $25.  

Foreign Transaction Fee.  If You use Your Card for any transaction involving a foreign currency (not in U.S. dollars), You 
must pay a Foreign Transaction Fee of three percent (3%) of the value of the transaction after conversion to U.S. dollars, 
unless You have the M&T Visa® Signature Credit Card, on which no Foreign Transaction Fees are charged. 

Expedited Card Fee.  If  You request  that  we expedite the delivery  of a replacement Card,  You must pay  an  Expedited 
Card Fee of $25. 

Administrative  Fees.  We  may  charge  You  for  copies  of  billing  statements,  sales  drafts  or  other  records  or  for  special 
services You request.  We will not charge You for copies of documents You request for a billing dispute You assert against 
Us under applicable law.  These charges may change from time to time and will be added to Your purchase balance as of 
the date of the request. 

Fee Limitations.  We will not charge you a Late Payment Charge, Returned Check Charge, or Unpaid  
Convenience  Check  Fee  that  exceeds  the  amount  of  the  associated  payment/check.    For  example,  if  your  Minimum 

8/24/12 

 
 
Monthly Payment amount is $20 and you make a late payment, you will be charged a $20 Late Payment Charge. 

Method of Payment 

You must pay Us Your Outstanding Balance.  You can pay it in full at any time without any penalty, or You can pay it in 
installments.  You must pay it in United States dollars drawn on funds on deposit in a United States financial institution or 
the United States branch of a foreign financial institution using a payment check, money order or automatic debit payable 
to our order that will be honored by Your financial institution.  By the date shown on any statement for Your Account, You 
must pay at least the Minimum Monthly Payment shown on the statement.  

Monthly Minimum Payment 

The Minimum Monthly Payment is the greater of $15 or 2.5% of the Outstanding Balance of Your Account at the end of a 
billing period and the greater of (a) any amounts over limit or (b) any past due amounts and late and other fees.  

Defer a Payment 

In  Our  sole  discretion,  We  may  allow  You  to  defer  making  the  Minimum  Monthly  Payment  for  certain  billing  periods.  
During the deferred-payment period, interest will be assessed, but no late fee will be imposed.  At the end of the deferred-
payment  period,  all  terms  of  this  Agreement  that  would  have  applied,  were  it  not  for  the  deferred-payment  feature,  will 
automatically resume without notice. 

Payment Requirements 

We do not accept cash payments through the mail.  Mailed payments must be made by payment check or money order 
accompanied  by  the  payment  stub  attached  to  the  statement  and  must  be  received  by  Us  at  Credit  Card  Payment 
Processing,  P.O.  Box  62014,  Baltimore,  MD  21264-2014.    Payments  made  in  person  must  be  made  at  an  M&T  Bank 
branch by payment check or money order accompanied by the payment stub attached to the statement.  Checks must be 
made  payable  to  M&T  Bank.    Except  to  the  extent  required  by  applicable  law,  if We  accept  any  payment  that  does  not 
conform to these requirements, the payment need not be posted or considered to have been made until the 5th day after 
the date We receive it. 

Payment Allocation 

We will allocate Your payments in the manner We determine.  In most instances, We will allocate Your payments up to the 
Minimum  Monthly  Payment  to  balances  (including  Transactions  made  after  the  statement)  with  lower  APR’s  before 
balances  with  higher  APR’s.    Payments  above  the  Minimum  Monthly  Payment  will  be  allocated  to  balances  with  higher 
APR’s before balances with lower APR’s.   

Optional Debt Cancellation Agreement 

If You requested  optional  debt cancellation coverage and are  approved,  You  will receive  an  addendum concerning debt 
cancellation costs with the additional terms of Your Agreement. 

Amendment of Agreement 

To the extent allowed by law, We may change the terms of this Agreement from time to time, regardless of whether You 
have  access  to  Your  Account,  by  adding,  deleting,  or  modifying  any  provision  (an  “Amendment”).    Once  amended,  any 
reference  to  Your  “Agreement”  will  mean  the  Agreement  as  modified  by  the  Amendment.    Our  right  to  add,  delete,  or 
modify provisions  includes  financial terms, such as the  APRs and fees,  and any other  terms including, for  example, the 
nature, extent, and enforcement of the rights and obligations You or We may have relating to this Agreement.  Notice of 
any change will be given in accordance with applicable law.  The Amendment will become effective on the effective date 
stated  in  the  notice.    Use  of  Your  Card  after  receiving  notice  of  a  change  will  further  evidence  Your  agreement  to  the 
change.  If permitted by law and unless otherwise specified in the notice to You, the change will apply to Your Outstanding 
Balance  as  well  as  to  future  transactions.    If  You  give  Us  written  notice  that  You  do  not  agree  to  the  change,  We  will 
terminate Your Account and You will be permitted to pay the Outstanding Balance as of the effective date under the terms 
of the Agreement governing Your Account at the time our notice was given.  If You use Your Card after the effective date 
of the Amendment, You will be considered to have agreed to the new terms even if You have sent Us such written notice.  

8/24/12 

 
 
 
 
 
Our Right to Cancel Your Account / How to Cancel Your Account 

We can suspend or cancel Your Account or revoke Your Card at any time without prior notice, except as required by law.  
You cannot use a Card or Checks after any such action has occurred. You can cancel Your Account by notifying Us.  In 
either case, You agree to destroy all Cards and Checks.  Cancellation of Your Account will not affect Your liability to Us for 
the Outstanding Balance and any other costs.  You are also responsible for all Transactions made to Your Account after 
termination, unless the Transactions were unauthorized.  Checks are no longer valid if Your Account has been suspended 
or terminated. 

Reissuance of Cards 

You agree that at any time for any reason We may reissue a Card to You and/or may ask You to return any or all Cards.  

Foreign Transactions 

Transactions made in foreign countries and foreign currencies will be billed to You in U.S. dollars.  The exchange rate for 
transactions in a foreign currency will be a rate selected by VISA from the range of rates available in wholesale currency 
markets  for  the  applicable  central  processing  date,  which  rate  may  vary  from  the  rate  VISA  itself  receives,  or  the 
government mandated rate in effect for the applicable central processing date.  The exchange rate in effect on the central 
processing date may differ from the rate in effect on either the transaction date or the posting date.  The exchange rate is 
subject to change by VISA.  You will also be charged a Foreign Transaction Fee as described above, if applicable. 

Default 

If: 

1)  You  fail  to  make  any  payment  when  due  under  this  Agreement  or  to  comply  with  any  of  the  other  terms  of  this 

Agreement in existence now or in the future;  

2)  You die, file for bankruptcy or become insolvent; 

3)  You make any false or misleading statements in any credit application or credit update;  

4)  We believe Your ability to pay what You owe has been substantially reduced; 

5)  You fail to pay any other indebtedness from You to Us or our affiliates existing now or coming into existence in the 

future by the date it becomes due; 

6)  Anyone starts any legal proceeding to take any property belonging to You now or acquired by You in the future to 

pay any indebtedness existing now or coming into existence in the future; or 

7)  Any tax or other involuntary lien is filed or recorded against any property belonging to You now or acquired by You 

in the future,  

except  to  the  extent  prohibited  by  applicable  law,  You  will  be  in  default.    If  You  are  in  default,  We  may  declare  Your 
Outstanding Balance and any other amounts You owe to be immediately due, prohibit further Transactions (without prior 
notice),  cancel  the  Cards,  and  revoke  any  privileges  associated  with  the  Card  or  Your  Account. We may  increase  Your 
APRs to the Penalty APR under the circumstances described in the section in this Agreement headed “Penalty Rate.”  

Collection Costs 

If You are in default, to the extent permitted by applicable law, You agree to pay reasonable collection expenses that We 
incur  enforcing  this  Agreement,  including  court  costs  and  attorney’s  fees  not  exceeding  20%  of  the  amount  due  and 
payable under this Agreement if it is referred to an attorney not Our salaried employee for collection. 

Communication Regarding Account/ Statements and Notices 

You  authorize  Us  to  contact  You  by  telephone  regarding  Your  Account.    To  assure  customer  service  quality,  telephone 
communications  with  You  may  be  monitored  and  recorded,  without  further  notice.    You  agree  that  such  telephone  calls 
may be monitored, recorded and automatically dialed and that a recorded message may be played.  You agree that such 

8/24/12 

telephone calls are not unsolicited telephone calls for purposes of any state or federal law. 

All  notices  required  in  this  Agreement  must  be  in  writing.    You  will  send  all  notices  to  Us  to  the  address  shown  in  Your 
periodic  statement,  unless  We  notify  You  otherwise.    Notices  to  Us  are  effective  when  We  receive  them  and  have  a 
reasonable opportunity to act on them. 

Statements and notices, which We can send by regular mail, will be mailed to You at the most recent address You have 
given Us, as shown in our records concerning Your Account.  Notice sent to any one of You will be considered notice to 
all. 

Waivers 

No  change  in  this  Agreement  can  be  made  except  in  writing,  signed  by  Us.    We  can  do  any  of  the  following  without 
notifying You or losing any right with respect to Your Account or against You: 

1.  Accept  any  check  or  other  order  marked  “Paid  in  Full”  or  with  similar  language  as  a  payment  under  this 

Agreement;  

2.  Give additional time for payment of any amount owing under this Agreement; or 

3.  Exercise, give up, fail to exercise or delay exercising any right with respect to Your Account or against any person.  

For example, We can sue You to collect Your Account Balance whether or not We sue anyone else. 

If property is or will be security for another debt You owe Us and under the terms of that indebtedness the property would 
secure amounts You owe under this Agreement, We waive the right to treat the property as security for amounts You owe 
under this Agreement.  

PIN 

You may be requested to change Your PIN from time to time. You agree that You will not disclose, and will prevent the 
disclosure of,  Your PIN.  If the confidentiality of the PIN is compromised, You shall notify Us immediately.   You assume 
sole responsibility for maintaining the PIN.   

Credit Information 

You authorize Us to investigate Your credit standing when opening, renewing or reviewing Your Account from time to time, 
including by obtaining information from credit bureaus and others. You authorize Us to disclose information regarding Your 
Account to credit bureaus and other creditors who inquire of Us about Your credit standing.  

Financial and Other Information  

If You change the address of Your residence, Your mailing address or Your employer or if there is any unfavorable change 
in  Your financial condition, You must promptly notify  Us in  writing of the change.  Whenever We ask You to do so,  You 
must submit to Us a financial statement in a form satisfactory to Us. 

Lost or Stolen Cards / Liability for Unauthorized Use 

You must notify Us orally or in writing immediately of the loss, theft, or possible unauthorized use of the Card or Checks.  
Until You use the Card, You are not responsible for any Transaction made by using the Card after its loss or theft.  Under 
VISA operating rules, You will generally have no liability for the unauthorized use of any Card after its loss or theft.  If there 
is an exception to the VISA “zero liability” operating rule, such as if You are grossly negligent in handling Your Card, Your 
maximum liability is $50.  You will not be liable for unauthorized use that occurs after You notify Us orally or in writing, of 
the loss, theft, or possible unauthorized use.  You can notify Us by calling 1-800-724-2440 or writing Us at:  M&T Bank, PO 
Box 8405, Wilmington, DE 19899-8405.  

Do not use Your Account after You notify Us, even if Your Card is found or returned.   

You also agree to assist Us in determining the facts, circumstances and other  pertinent  information relating to  any loss, 
theft or possible unauthorized use of Your Card and comply with such procedures as We may require in connection with 

8/24/12 

our investigation, including assisting in the prosecution of any unauthorized user. 

Limitation on Interest and Finance Charges  

Interest and other finance charges will not be payable at a rate in excess of the maximum rate allowed by applicable law.  
To the extent necessary to result in all finance charges not being payable at a rate in excess of that maximum rate, any 
amount  that  would  be  treated  as  part  of  those  finance  charges  under  a  final  interpretation  of  that  law  by  a  court  will  be 
considered to be a mistake, will be considered to be automatically canceled and, if received by Us, will be refunded to You, 
it being Your and Our intention that those finance charges not be payable at a rate in excess of that maximum rate.  

Returns and Adjustments  

If  Your  credits  and  payments  exceed  what  You  owe  Us,  We  will  hold  and  apply  this  credit  balance  against  future 
Transactions, or if it is $1.00 or more, refund it on Your written request or automatically within six months.  

Transfers  

We  may  transfer  or  assign  Your  Account  and/or  this  Agreement,  or  any  of  Our  rights  under  this  Agreement,  to  another 
person or entity at any time without prior notice to You or Your consent. If they ask You, You must pay them the amount 
You owe on Your Account.  

Your  rights  under  this  Agreement  cannot  be  transferred  by  You,  by  operation  of  law,  or  otherwise,  but  Your  obligations 
shall be binding upon Your estate or personal representatives. 

Illegal Transactions Prohibited 

You must ensure that the Card is not used for any illegal transaction and agree not to engage in any transactions that are 
illegal  in  the  jurisdiction  where  You  live  and/or  where  the  transaction  occurs.    Internet  gambling,  for  example,  may  be 
illegal  in  the  jurisdiction  where  You  live.    You  nevertheless  agree  that  You  will  be  liable,  according  to  the  terms  of  this 
Agreement, for all transactions, whether deemed legal or illegal. 

Giving Up of Rights  

Except to the extent prohibited by applicable law, You give up any right to require that We (1) demand that You pay any 
amount owing under this Agreement, (2) notify  You if any amount owing under this Agreement is not paid by the date it 
becomes due or (3) obtain a certificate stating that any amount owing under this Agreement was not paid by  the date it 
became due. 

Arbitration 

Your Right to Reject:   You may reject this Arbitration provision and any prior arbitration  agreement between  you and us 
that you have not had a prior chance to reject (“Prior Arbitration Agreement”) by mailing us, within 30 days after the date of 
this Agreement, a signed rejection notice which gives your name(s) and address(es) and states that you reject arbitration.  
The rejection notice must be sent to us at M&T Bank, Regulatory Support, P.O. Box 1468, Buffalo, NY 14240-1468 (attn.  
Arbitration Rejection). 
Covered Claims:  “Claim” means any claim, dispute or controversy whatsoever between you and us that in any way arises 
from or relates to this Agreement.  However, “Claim” does not include any dispute about the validity, effect or enforceability 
of the Class Action Waiver below or any dispute concerning the last sentence of the Severability section below; any such 
dispute shall be resolved by a court and not by an arbitrator or Administrator. 
Notice  and  Cure:    Prior  to  initiating  a  lawsuit  or  arbitration  regarding  any  Claim,  the  party  asserting  the  Claim  (the 
“Claimant”)  shall  give  the  other  party  (the  “Defending  Party”)  written  notice  of  the  Claim  (a  “Claim  Notice”)  and  a 
reasonable opportunity, not less than 30 days, to resolve the Claim on an individual basis.  Any Claim Notice must explain 
the  nature  of  the  Claim  and  the  relief  that  is  demanded.    The  Claimant  must  reasonably  cooperate  in  providing  any 
information about the Claim that the Defending Party reasonably requests.  Any Claim Notice to us shall be sent by mail to 
the  above  Regulatory  Support  address  (or  any  updated  address  we  have  subsequently  provided  you),  attention  Claim 
Notice.  Any Claim Notice must include your name and address. 
Starting an Arbitration:  Arbitration may be elected by any party with respect to any Claim, even if that party has already 
initiated a lawsuit with respect to a different Claim.  Arbitration is started by giving a written demand for arbitration to the 

8/24/12 

  
other  party.   We  will  not  demand  to  arbitrate  an  individual  Claim  that  you  bring  against  us  in  small  claims  court  or  your 
state’s equivalent court, if any.  But if that Claim is transferred, removed or appealed to a different court, we then have the 
right to demand arbitration. The party starting an arbitration must select as “Administrator” either the American Arbitration 
Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org., or JAMS, 620 Eighth Avenue, 34th 
Floor, New York, NY  10018, www.jamsadr.org.  However, any other company may be selected by mutual agreement of 
the parties or, if AAA and JAMS cannot serve, a court.  Notwithstanding the foregoing, no arbitration may be administered 
by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver. 
Conduct  of  Arbitration:  The  language  of  any  arbitration  shall  be  in  English.    Any  party  desiring  or  requiring  a  different 
language shall bear the expense of an interpreter. The parties shall select a single arbitrator or, in the event the parties 
shall  fail  to  agree,  a  single,  neutral  arbitrator  shall  be  chosen  by  the  Administrator.    Each  arbitrator  shall  be  a  licensed 
attorney  who  has  engaged  in  the  private  practice  of  law  continuously  during  the  10  years  immediately  preceding  the 
arbitration or a retired judge of a court of general or appellate jurisdiction. All statutes of limitation, defenses, and attorney-
client and other privileges that would apply in a court proceeding will apply in the arbitration.  In conducting the arbitration 
and making the award, the arbitrator shall be bound by and shall strictly enforce the terms of this Arbitration provision and 
may not limit, expand or otherwise modify its terms. 
Court and Jury Trials Prohibited: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT 
TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.  
Prohibition Against Certain Proceedings:  IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE 
MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION; (2) YOU MAY NOT ACT AS 
A  PRIVATE  ATTORNEY  GENERAL  IN  COURT  OR  IN  ARBITRATION;  (3)  CLAIMS  BROUGHT  BY  OR  AGAINST  YOU 
MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND 
(4)  THE  ARBITRATOR  SHALL  HAVE  NO  POWER  OR  AUTHORITY  TO  CONDUCT  A  CLASS-WIDE  ARBITRATION, 
PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.  
Location  and  Costs  of  Arbitration:    Any  arbitration  hearing  that  you  attend  must  take  place  at  a  location  reasonably 
convenient  to  you.    The  parties  shall  jointly  and  equally  pay  the  expenses  of  the  arbitrator  and  administrative  costs 
assessed by the Administrator, as well as their own expenses incurred during the dispute resolution process.  We will pay 
a  greater  proportion  of  such  fees,  to  the  extent  required  to  make  this  Arbitration  provision  enforceable  or  if  required  by 
applicable law. 
Governing  Law:    This  Arbitration  provision  involves  interstate  commerce  and  is  governed  by  the  Federal  Arbitration  Act 
(the “FAA”), and not by any state arbitration law, provided that New York law shall apply to the extent relevant to determine 
the validity of this Arbitration provision under the FAA.  The arbitrator must apply applicable substantive law consistent with 
the  FAA  and  applicable  statutes  of  limitations  and  claims  of  privilege  recognized  at  law.    The  arbitrator  may  award  any 
remedy provided by the substantive law that would apply if the action were pending in court (including, without limitation, 
punitive damages, which shall be governed by the Constitutional standards employed by the courts).  At the timely request 
of either party, the arbitrator must provide a brief written explanation of the basis for the award. 
Right  to  Discovery:    In  addition  to  the  parties’  rights  to  obtain  discovery  pursuant  to  the  arbitration  rules  of  the 
Administrator,  either  party  may  submit  a  written  request  to  the  arbitrator  to  expand  the  scope  of  discovery  normally 
allowable under the arbitration rules of the Administrator.  The arbitrator shall have discretion to grant or deny that request. 
Arbitration Result:  Judgment upon the arbitrator’s award may be entered by any court having jurisdiction.  The arbitrator’s 
decision is final and binding, except for any right of appeal provided by the FAA. 
Rules of Interpretation:  This Arbitration provision shall survive the repayment of all amounts owed under any agreement 
between  the  parties,  the  closing  of  any  related  account(s),  any  legal  proceeding  and  any  bankruptcy  to  the  extent 
consistent with applicable bankruptcy law.  This Arbitration provision replaces any Prior Arbitration Agreement and governs 
over any inconsistent provision in the applicable arbitration rules or other provisions of any agreement between the parties. 
Severability:    If  any  portion  of  this  Arbitration  provision,  other  than  the  Class  Action  Waiver,  is  deemed  invalid  or 
unenforceable,  the  remaining  portions  shall  nevertheless  remain  in  force.  However,  if  a  determination  is  made  that  the 
Class Action Waiver is unenforceable, only this sentence of the Arbitration provision will remain in force and the remaining 
provisions shall be null and void, provided that the determination concerning the Class Action Waiver shall be subject to 
appeal. 

Your Billing Rights: Keep this Document for Future Use 

* 

* 

* 

This notice tells You about Your rights and our responsibilities under the Fair Credit Billing Act. 

What To Do If You Find A Mistake On Your Statement 

If You think there is an error on Your statement, write Us at: 

8/24/12 

 
 
 
 
 
 
M&T Bank 
P.O. Box 8405 
Wilmington, DE 19899-8405 

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. 

2. 

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. 
Within 90 days of receiving Your letter, We must either correct the error or explain why We believe the bill 
was correct.  While We investigate whether or not there has been error: 
o  We cannot try to collect the amount in question, or report You as delinquent on that amount. 
o  The charge in question may remain on Your statement, and We may continue to charge You interest 

on that amount. 

o  While You do not have to pay the amount in question, You are responsible for the remainder of Your 

balance. 

o  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 

8/24/12 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Your  purchase  was  based  on  an  advertisement We mailed  to  You,  or  if We  own  the  company  that  sold 
You the goods or services.) 
You  must  have  used  Your  credit  card  for  the  purchase.    Purchases  made  with  cash  advances  from  an 
ATM or with a check that accesses Your credit card Account do not qualify. 
You must not yet have fully paid for the purchase. 

2. 

3. 

If all of the criteria above are met and You are still dissatisfied with the purchase, contact Us in writing at:  

M&T Bank 
P.O. Box 8405 
Wilmington, DE 19899-8405 

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. 

© M&T Bank 

8/24/12