BANK THE OF WEST
BNP PARIBAS
Current Credit Card Agreements for New Personal Accounts
NOTE: To obtain a copy of the Credit Card Agreement for your existing account call us
at (800) 996-2638 or send us a secured message through Online Banking with the
subject line "Credit Card Inquiry".
For new personal accounts opened beginning 04/01/2021, the following
Account Opening Disclosures and Credit Card Agreements apply by the
credit card type received:
Platinum Mastercard Credit Card
Interest Rates, Interest Charges, and Fees-Platinum - Card Credit
Card Agreement (Personal Accounts)
Cash Back World Mastercard Credit Card
Interest Rates, Interest Charges, and Fees - Cash Back World Card
Credit Card Agreement (Personal Accounts)
Wealth Management World EliteTM Mastercard-Credit Card
Interest Rates, Interest Charges, and Fees - Wealth Management World EliteTM
Mastercard Credit Card
Credit Card Agreement (Wealth Management World EliteTM Mastercard Credit Card)
Secured Mastercard® Credit Card
Interest Rates, Interest Charges, and Fees - Secured Card
Credit Card Agreement (Personal Accounts)
Interest Rates, Interest Charges, and Fees - Platinum Card
Interest Rates and Interest Charges
Annual Percentage Rate
14.99%to 22.99%, based on your creditworthiness.
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
0.00%
Introductory APR for the first fifteen months.
After that, your APR will be
14.99% to
22.99%
based on your
creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
24.99%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
None
Applies
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial
visit the website of the Consumer Financial Protection Bureau at
Protection Bureau
http://www.consumerfinance.gov/learnmore/.
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
Either $10 or 4% of the amount of each transfer, whichever is greater.
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction
3% of the U.S. Dollar amount of each such transaction.
Penalty Fees
Late Payment
Up to $38 (Varies by State. See next page for details.).
Returned Payment
Up to $38 (Varies by State. See next page for details.).
How We Will Calculate Your Balance: We will use a method called "average daily balance (including new
purchases)." See your Credit Card Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in
your Credit Card Agreement.
Late Payment fee for lowa residents is $27 for the first violation and $30 for each subsequent violation
within
the next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent
violation within the next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the
fee will be equal to the Minimum Payment Due.
Returned Payment fee for lowa residents is $27 for the first violation and $30 for each subsequent violation
within the next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent
violation within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the
fee will be equal to the Minimum Payment Due.
Interest Charges for Covered Members of the Armed Forces and Their Dependents: Federal law provides important
protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In
general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed
an annual percentage rate of 36%. This rate must include, as applicable to the credit transaction or account: the
costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit
transaction; any application fee charged (other than certain application fees for specified credit transactions or
accounts); and any participation fee charged (other than certain participation fees for a credit card account).
If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction
fees, or penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed
Forces members and their dependents can hear about the protections provided to them by calling 1-866-761-2689
(TTY users call 1-800-659-5495).
Doing business in South Dakota as Bank of the West California.
BANK
WEST
BNP PARIBAS
CREDIT CARD AGREEMENT
(Personal Accounts)
By requesting or accepting any Platinum Mastercard or
necessary to verify Payments received on your Credit Card
Cash Back World Mastercard account (individually or
account. If we accept a payment from you in excess of your
collectively called "Credit Card account" or "Account") with
outstanding balance, your available Credit Limit will not be
Bank of the West, you agree to be bound by all the terms of
increased by the amount of the overpayment nor will we be
this Agreement and as applicable, the Bank of the West Cash
required to authorize transactions for an amount in excess of
Back Rewards Program Rules. In this Agreement, the words
your Credit Limit.
"you" or "your" mean everyone who has requested or
3. Temporary Reduction of Credit Limit. Merchants,
accepted a Credit Card account with us. The words "we,"
such as car rental companies and hotels, may request prior
"us," "our," or "Bank" mean Bank of the West. If you do not
credit approval from us for an estimated amount of your
accept this Agreement or Program Rules, you must notify us
Purchases, even if you ultimately do not pay by credit. If our
in writing within 5 days after receipt. Use of your card or any
approval is granted, your available Credit Limit will
feature (including a balance transfer) of your Credit Card
temporarily be reduced by the amount authorized by us. If
Agreement shall constitute acceptance of this Agreement
you do not ultimately use your Credit Card account to pay for
and Program Rules.
your Purchases or if the actual amount of Purchases posted
to your Credit Card account varies from the estimated
1. Use. Your Platinum Mastercard or Cash Back World
amount approved by us, it is the responsibility of the
Mastercard (individually or collectively called "Card") may be
merchant, not us, to cancel the prior credit approval based
used as a credit card for purchases of goods or services from
on the estimated amount. The failure of the merchant to
participating merchants ("Purchases") or to get Cash
cancel a prior credit approval may result in a temporary
Advances from us or any other financial institution displaying
reduction of your available Credit Limit, but will not increase
the "MasterCard" logo, or to purchase certain items such as
the amount you owe us under this Agreement.
traveler's cheques, foreign currency, money orders, wire
4. Agreement to Pay. When you use your Card or Credit
transfers, lottery tickets, and (except as noted below) funds
Card account, or when you permit anyone to use it, you agree
to be used for wagers or gambling (all of which are
to pay the amount of any and all transactions (including any
collectively referred to as "Cash Advances") up to your Credit
which may have been made in violation of this Agreement),
Limit; provided, however, you may not use your Card (i) to
and the INTEREST CHARGES, and fees that may become
make Purchases or obtain Cash Advances for any illegal
due as shown on the periodic statement. You agree that we
transaction, or (ii) for any internet or online gambling
may change or cancel your Credit Card account at any time
transactions. Transactions for online or internet gambling will
without affecting your obligation to pay the amounts that you
not be approved. If you use your Card for any illegal or
owe under this Agreement.
prohibited transaction, this Agreement also applies to such
5. Periodic Statement. Each month we will send you a
transaction and you agree to pay any and all amounts related
periodic statement for each Credit Card account you have
to such transaction pursuant to the terms of this Agreement.
with us covering the previous billing period. We may not send
We may, in our sole discretion, restrict the use of or terminate
you a statement if your balance is less than $1 and there
your Card if we notice excessive use of your Card or other
were no transactions during the billing period. The statement
suspicious activities or if we reasonably believe the Card is
will have a "Statement Period Date", "Statement Closing
or has been used for one or more illegal or prohibited
Date" and a "Payment Due Date," and will show, among other
transactions. You can also obtain a Cash Advance by writing
things, your "Previous Balance," your "New Balance," and
a special Mastercard check ("Convenience Check"). The
your minimum monthly payment, which will be shown as
Cash Advance will be posted to your Credit Card account
"Minimum Payment Due."
when the Convenience Check reaches us. If you stop
6. Payment. You must make a payment by the "Payment
payment on a Convenience Check, your Credit Card account
Due Date." You have two choices: You may pay the entire
will be charged $16.00 (or as permitted by law) for each stop
"New Balance" or you may pay in installments by paying at
payment. We may designate that only a portion of your Credit
least the "Minimum Payment Due." When your payment is
Limit is available for Cash Advances. In addition, you may
properly received, we will allocate your payment in a manner
request that we pay other creditors on your behalf and
we determine except as otherwise required by law. The
transfer approved amounts to your Account ("Balance
Minimum Payment is applied first to fees, then to INTEREST
Transfers").
CHARGES and finally to principal. We apply the Minimum
Your Card may also be used in certain automated terminals
Payment to balances with lower APRs, including introductory
to gain access to your Credit Card accounts. We have no
APRs, before balances with higher APRs. Payments made in
responsibility for the failure of any machine, merchant,
excess of the Minimum Payment will be applied first to
financial institution, or any other party to honor your Card.
balances with the highest ANNUAL PERCENTAGE RATE
Your Card and Credit Card account may be used only for
(APR) and then to each successive balance bearing the next
valid and lawful purposes. If you use or allow someone else
highest ANNUAL PERCENTAGE RATE.
to use the Card or Credit Card account for any other purpose,
Payments must be mailed to the BankCard Center address
you will be responsible for such use and may be required to
specified in your periodic statement and reach the BankCard
reimburse us for all amounts or expenses we pay as a result
Center during our regular business day by 5:00 p.m. Pacific
of such use.
Time for the payment to be credited the same business day.
2. Credit Limit. We will notify you of the Credit Limit for
Payments made in person at one of our branches, or made
each Credit Card account you have with us. You agree that
by telephone, or made through our website or another
your total charges, including Purchases, Cash Advances,
website controlled by a third party on our behalf must be
Balance Transfers, INTEREST CHARGES, and fees that
received by 5:00 p.m. Pacific Time to be credited the same
may be due will not exceed your Credit Limit. If you do go
business day. Payments received after the cutoff time of 5:00
over your Credit Limit, you must repay the excess amount
p.m. Pacific Time are credited as of the following business
immediately, and we may reduce the available Credit Limit of
day. If you fail to properly make payments, crediting of such
any other Credit Card account you have with us until such
payments may be delayed and you may incur late charges
time the excess amount is repaid. You may apply to increase
and additional interest as a result of the delay. Even when
your Credit Limit at any time but we are not obligated to
your payment is credited to your Account, we may delay the
increase your Credit Limit at any time. Furthermore, we
availability of part or all of your payment amount as credit for
reserve the right to lower your Credit Limit at any time. For
up to 15 days.
security reasons, we may limit the number or amount of
If a payment is returned to us for any reason, we may
transactions that may be accomplished with your Card or
apply a Returned Payment Fee of $27 for the first violation
Credit Card account, and we have the right to limit
and $38 for each subsequent violation within the next six
authorizations to make transactions if we consider it
billing cycles. The Returned Payment Fee for lowa residents
is $27 for the first violation and $30 for each subsequent
BW-CCAG 10/2020)
violation within the next six billing cycles. If the Returned
ANNUAL PERCENTAGE RATE may change each month on
Payment Fee is greater than the Minimum Payment Due, the
the first day of each of your billing cycles. Each date on which
fee will be equal to the Minimum Payment Due.
the rate of interest could change is called a "Change Date."
From time to time, we may let you skip or reduce one or
Changes will be based on changes in the "Index." The Index
more monthly payments during a year and/or we may
is the Prime Rate published in the "Money Rates" table of The
temporarily reduce or eliminate certain INTEREST
Wall Street Journal on the business day immediately
CHARGES on all or a portion of your Credit Card account
preceding the day your billing cycle ends. If the Index is no
balance or offer you other special terms. If we do, we will
longer available, we will choose a new index which is based
advise you of the scope and duration of the applicable skip
upon comparable information and will give you notice of our
or promotional feature. When the skip or promotional feature
choice. The ANNUAL PERCENTAGE RATE may increase or
ends, your regular rates and all the terms of the Agreement
decrease each month if the Index changes. Any new rate will
will resume.
be applied as of the first day of your billing cycle during which
7. Minimum Payment Late Payment Fee. The "Minimum
the Index has changed. If the ANNUAL PERCENTAGE
Payment Due" must be received by us by the "Payment Due
RATE increases, you will pay a higher INTEREST CHARGE,
Date." If it is not, we may apply a Late Payment Fee of up to
which may result in a higher minimum payment.
$27 for the first violation and up to $38 for each subsequent
The interest rate for Purchases and Balance Transfers
violation within the next six billing cycles. The Late Payment
on your Platinum Credit Card account is based on a variable
Fee for lowa residents is up to $27 for the first violation and
rate equal to the sum of the Index plus a "Rate Spread" of
up to $30 for each subsequent violation within the next six
11.74 to 19.74 percentage points, based on your
billing cycles. If such charge would result in an INTEREST
creditworthiness. The interest rate for Purchases (after the
CHARGE greater than the maximum allowed by law, we will
Introductory Period) and Balance Transfers on your Cash
only charge the maximum allowable rate. Your Minimum
Back World Credit Card account is based on a variable rate
Payment Due will be 3% of the New Balance plus any Late
equal to the sum of the Index plus a "Rate Spread" of 12.74
Payment Fee (with a minimum of the lesser of $27 or your
to 19.74 percentage points, based on your creditworthiness.
New Balance) and any amount over your credit limit and past
The interest rate for Cash Advances on your Account is
due amount.
based on a variable rate equal to the sum of the Index plus a
8. How to Avoid Paying Interest on Purchases. There
"Rate Spread" of 21.74 percentage points. Immediately
may be different treatment of INTEREST CHARGES for
before each Change Date we will determine the new interest
Purchases, Balance Transfers, and Cash Advances, even
rate by adding the Rate Spread to the Index. The new interest
though they are computed the same way. You may avoid
rate will become effective at the start of your first billing cycle
paying an INTEREST CHARGE on Purchases if we receive
after the Change Date. Only one ANNUAL PERCENTAGE
the entire New Balance by the Payment Due Date. If we do
RATE and Daily Periodic Rate will be in effect for each
not receive the entire New Balance by the Payment Due
Balance Category during the billing period. The ANNUAL
Date, the INTEREST CHARGE will be charged on the
PERCENTAGE RATE will not exceed the maximum rate
Purchases from the date of the transaction. INTEREST
permitted by law. The effect of any increase in the ANNUAL
CHARGES on all other balances, including Cash Advances
PERCENTAGE RATE and the Daily Periodic Rate would be
and Balance Transfers, begin on the transaction date and will
to increase the amount of INTEREST CHARGE or interest
be assessed even if your entire New Balance is paid by the
you must pay and thus increase your monthly payments.
Payment Due Date.
10. Transaction Fees. You also agree to pay us the
9. Computing Your INTEREST CHARGE. We figure the
appropriate fees listed below (as permitted by applicable law)
INTEREST CHARGE on each Credit Card account by
which may be amended from time to time by us. You
applying the periodic rate to the "Average Daily Balance" of
authorize us to charge your Credit Card account for the
each Balance Category on the Credit Card account, including
following fees due to us. Cash Advance fee: 4.00% of each
current transactions. Balance Categories include Purchases,
Cash Advance, $10 minimum. Balance Transfer fee 4.00%
Balance Transfers, Cash Advances, Introductory Rates and
of each balance transferred, $10 minimum.
any special rate offers we may make available from time to
11. Foreign Transaction Fee. Transactions that you make
time. If you are charged interest, the charge will be no less
in a foreign currency or that you make outside of the United
than $1.00 (the minimum interest charge will appear as
States of America even if it is made in U.S. dollars are
"Minimum Charge" in the fees section of your statement).
considered foreign transactions. If you make a transaction in
a. Average Daily Balance. To obtain the daily balance
a foreign currency it will be billed to you in U.S. Dollars. The
for each Balance Category we take the beginning balance
conversion rate to U.S. Dollars will be determined by
each day and add new transactions applicable to each
Mastercard International in accordance with their operating
category, and subtract any payments, credits, and refunds
regulations or conversion procedures in effect at the time the
applied to the category. To figure your Average Daily
transaction is processed. Currently, their regulations and
Balance for each Balance Category, we add all your daily
procedures provide that the currency conversion rate they
balances and divide by the number of days in the billing
use is either (1) a government-mandated rate or (2) a
period.
wholesale market rate, whichever is applicable, in effect one
b. Figuring the INTEREST CHARGE. We compute the
day prior to the processing date. We do not determine the
INTEREST CHARGE for each Balance Category by
currency conversion rate which is used. You agree to pay
multiplying these Average Daily Balances by the applicable
the converted amount in U.S. funds. In addition, Mastercard
Daily Periodic Rate, and then we multiply the result by the
will charge us (the Bank) an international transaction fee,
number of days in the billing period. To determine the Daily
currently equal to one percent (1.00%) of the transaction
Periodic Rate for each Balance Category, we divide the
amount. We will charge you the international transaction fee
applicable ANNUAL PERCENTAGE RATE in effect for the
imposed on us plus an additional two percent (2.00%) of the
billing period by 365 (366 for leap year). The way we get the
transaction amount whether that transaction was originally
ANNUAL PERCENTAGE RATE for each Balance Category
made in U.S. dollars or was made in another currency and
is described below under "Fixed Rate" and "Variable Rate."
converted to U.S. dollars. These two fees will be aggregated
C. Fixed Rate. Introductory ANNUAL PERCENTAGE
and shown as one Foreign Transaction Fee on your
RATES for Purchases, Balance Transfers or Cash Advances
statement.
may vary, if applicable. Please refer to your Account Opening
12. Other Fees. As allowed by law, we may charge, and
Disclosures for specific introductory period and ANNUAL
you agree to pay, fees for certain services or requests made
PERCENTAGE RATES associated with your Account. After
by you, such as but not limited to: Automated Teller Machine
the Introductory Period ends, your regular ANNUAL
("ATM") transactions conducted at machines not operated by
PERCENTAGE RATES for Purchases, Balances Transfers
us, requests for copies of billing statements, sales drafts, or
or Cash Advances will apply.
other records of your Account, or if you request a
d. Variable Rate. The current ANNUAL PERCENTAGE
replacement card(s). However, we will not charge fees for
RATE for all variable rates is shown on the Account Opening
copies of documents requested for a billing dispute. These
Disclosure which has been provided to you with this
fees may change from time to time. We will inform you of the
Agreement. The Daily Periodic Rate and the corresponding
fee(s) that you will incur prior to when the applicable
BW-CCAG (Rev. 10/2020)
service(s) is(are) provided or when you make the request(s),
an automated terminal, or the use of the Card by anyone else
as applicable. You authorize us to charge your Credit Card
who uses it with your permission. Security in use of the Card
account for any such fees that you incurs. We reserve the
is provided by the secret code, which we will provide you, and
right to waive a fee from time to time but a waiver does not
the magnetically encoded stripe on the Card. Please keep
mean we will continue to waive such fee in the future.
the Card safe and also protect the secret code. Use the Card
13. Interest Charges for Covered Members of the
and the secret code as instructed at all times. Please notify
Armed Forces and Their Dependents: Federal law
us of any mechanical or operating failure in connection with
provides important protections to members of the Armed
the use of your Card. Do not permit anyone else to use your
Forces and their dependents relating to extensions of
Card and do not disclose your secret code or record it on the
consumer credit. In general, the cost of consumer credit to a
Card. The Card remains the property of the Bank and can be
member of the Armed Forces and his or her dependent may
revoked and repossessed at any time. You must return it to
not exceed an ANNUAL PERCENTAGE RATE of 36%. This
us when asked.
rate must include, as applicable to the credit transaction or
e. Fees for Using Automated Terminal Services. Fees
account: the costs associated with credit insurance
may be charged for transactions made at automated teller
premiums; fees for ancillary products sold in connection with
machines not operated by us as described in paragraph 12-
the credit transaction; any application fee charged (other than
Other Fees.
certain application fees for specified credit transactions or
16. Lost or Stolen Card; Your Liability for
accounts); and any participation fee charged (other than
Unauthorized Use. Tell us AT ONCE if you believe your
certain participation fees for a credit card account).
Card has been lost or stolen. Telephoning is the best way of
If you are a covered member of the armed forces or a
keeping your possible losses down.
dependent, you will not be charged annual fees, transaction
You may be liable for the unauthorized use of your Card
fees, or penalty fees so that your cost may not exceed the
as a credit card. You will not be liable for unauthorized use of
Military Lending Act ANNUAL PERCENTAGE RATE cap.
your Card as a credit card which occurs after you notify us at
Armed Forces members and their dependents can hear
the telephone number or address stated in paragraph 17,
about the protections provided to them by calling 1-866-761-
orally or in writing, of loss, theft, or possible unauthorized
2689 (TTY users call 1-800-659-5495).
use. In any case, your liability for unauthorized use of your
14. Default. We may declare the entire balance for all
Card as a credit card will not exceed $50.00.
Credit Card accounts due and payable at once with or without
17. Where to Call or Write. If you believe your Card has
notice or demand if any of these events (a "Default")
been lost or stolen or that someone is using your Card or
happens:
Credit Card account without your permission, call:
a. If you miss a payment under this Agreement or any
1-800-996-2638 (for TTY call 1-800-659-5495) or write to:
other obligation you owe us; or
Bank of the West, BankCard Security Department, PO Box
b. If you violate any terms of this Agreement.
2078, Omaha, NE 68103-2078.
If you are in Default, we may terminate your Credit Card
18. Our Business Days. Our business days are Monday
account, make no more additional loans, and require you to
through Friday, except for bank holidays.
immediately repay the entire unpaid balance of all amounts
19. Credit Investigation and Disclosure. You authorize
due on your Credit Card account, including but not limited to
us, both now and in the future, to check your credit and
all loan amounts, late charges and other charges assessed
employment history and to release information about our
but not paid, and all of the INTEREST CHARGES accrued
credit experience with you in response to legitimate credit
but not paid. If we terminate your Credit Card account, your
inquiries. If you believe that we have incorrect information or
obligation to repay the amounts you already owe us would
have reported inaccurate information about you to a credit
continue.
bureau, please call us at 1-800-996-2638 (for TTY-call 1-800-
At our option, we may also take action short
of
659-5495). As required by law, you are hereby notified that
terminating your Credit Card account. If we take such lesser
a negative credit report reflecting on your credit history may
action initially, we reserve the right to terminate your Credit
be submitted to a credit reporting agency if you fail to fulfill
Card account and accelerate all amounts due under this
the terms of your credit obligations.
Agreement regardless of whether any additional events have
20. Security Interest. We have no security for any
occurred which would permit termination and acceleration.
amounts which become due under this Agreement, even
15. Automated Terminal Services
though any other agreement you may have with us, such as
a. Automated Terminals. You may use your Card in the
a mortgage, may provide for such a security interest, unless
following automated terminals:
you have given us a specific security interest in connection
(1) Any Bank of the West automated teller machines.
with this Agreement, which is described on the Supplement
(2) Any other automated teller machine that is
attached to this Agreement.
participating in a network and accepts our Card ("Network
21. Collection. You promise to pay all collection costs,
ATM") and
including, without limitation, mailgram charges, reasonable
(3) Any point-of-sale terminal that accepts our Card
lawyers' fees and court costs, as permitted by law.
("POS terminal").
22. If There are More Than One of You. Each of you
b. Services Available at an Automated Terminal
individually, or all of you together, will be liable under this
(1) You may use your Card at a Bank of the West or
Agreement. We may collect from or sue any one of you, or
any Network ATM to:
make any settlements or extensions with any one of you,
(a) Get a Cash Advance from your Credit Card
without giving up our rights against the other. You understand
account.
that any one of you can make Purchases, get Cash
(b) Get your Credit Card account balances. These
Advances, or perform Balance Transfers under this
balances may not include some transactions recently made
Agreement which will be binding upon all of you.
in your Credit Card account. Some of the services described
23. Compliance with Laws/Sanctions. You agree to
in subparagraphs (a) and (b) may not be available at all
comply with all applicable laws and regulations, including
Network ATMs.
those relating to anti-bribery, anti-money laundering, the fight
(c) You may use your Card at a POS terminal to
against terrorism, and sanctions ("Sanctions"), that apply to
purchase certain merchandise. The amount of your purchase
the Bank or BNP Paribas S.A. You represent that you are not
will automatically be charged to your Credit Card account as
the target of Sanctions. You agree to hold the Bank harmless
a Purchase.
from liability for any actions taken by the Bank to comply with
C. Limits of Automated Terminal Services - Cash
applicable laws and regulations, including Sanctions.
Advances. You may get a Cash Advance from a Bank of the
24. No Waiver of Rights. If we choose to waive any of the
West Automated Terminal up to an aggregate amount of
terms or conditions of this Agreement on a case-by-case
$500 each calendar day, provided that this amount does not
basis, such as by not declaring the entire balance due when
exceed your Credit Limit. This amount may be less for Cash
the minimum monthly payment has not been made on time,
Advances from Network ATMs.
it does not mean that we have waived, or given up, our right
d. Card and Secret Code (PIN) Use. You are
to exercise any of our rights or remedies under this
responsible for all transactions in which you use your Card in
Agreement in the future. We are not required to use any
BW-CCAG (Rev. 10/2020)
particular kind of demand or notice in order to collect
agreement governed by this Agreement, or prior or later
amounts due to us under this Agreement. No indulgence or
versions of this Agreement, and any changes to the terms of
acceptance by us of delinquent or partial payments constitute
this Agreement will be subject to arbitration. Except as
a waiver of our rights or of any provision of this Agreement.
expressly provided, all disputes are subject to arbitration no
No waiver of any existing default shall be deemed to waive
matter the legal theory or remedy (damages, or injunctive or
any subsequent default.
declaratory relief) sought. Disputes include (1) any
25. Changing Terms. We can change, add to, delete or
unresolved claims concerning any services relating to your
otherwise modify the terms of this Agreement at any time in
Account, including, without limitation, Purchases, Balance
any way permitted by law. We will send you a notice of
Transfers, Cash Advances, INTEREST CHARGES, your use
change at least 45 days (or as required by applicable law)
of any of our banking locations or facilities, or any means you
before the effective date of the change. We do not have to
use to access your Account; (2) any claims that arose before
send you an advance notice of the change if it favors you,
you and we entered into this Agreement (such as disputes
such as by reducing rates, or increasing the maximum credit
related to advertising) and after the termination of this
limit. Except in cases where we are changing terms due to
Agreement; (3) not only claims made directly by you, but also
the Minimum Payment Due not being received within 60 days
made by anyone connected with you or claiming through you,
of the Payment Due Date, you agree that the change may
such as an authorized user, a beneficiary, employee,
cover all transactions made 15 days after we mail the notice.
representative, agent, predecessor or successor, heir,
If you do not agree to the change, a method for rejecting the
assignee, or trustee in bankruptcy; (4) not only claims that
change and closing the Account will be provided in the
relate directly to us, but also our parent, affiliates,
Change of Terms Notice. You agree that if you use your
successors, assignees, employees, and agents and claims
card after the effective date of the change, this will constitute
for which we may be directly or indirectly liable, even if we
your agreement with the change.
are not properly named at the time the claim is made; (5)
26. Canceling this Agreement. We have the right to
claims based on any theory of law, contract, statute,
cancel this Agreement at any time by sending a notice to any
regulation, tort (including fraud or any intentional tort), or any
one of you in writing. You also have the same right to cancel
other legal or equitable ground, and include claims made as
this Agreement at any time by sending us a notice in writing
counterclaims, cross-claims, third party claims, interpleaders
or calling the BankCard Center at 1-800-996-2638 (for TTY
or otherwise; (6) claims made as part of a class action or
call 1-800-659-5495). If this Agreement is canceled by you or
other representative action, being expressly understood and
us, your obligation is to repay amounts you already owe
agreed that arbitration of such claims must proceed on an
under this Agreement. In either case, the Account will be
individual (non-class, non-representative) basis; and (7)
closed and you will no longer have access to the Account.
claims relating to the enforceability or interpretation of this
27. Governing Law. This Agreement will be governed by
arbitration provision. A party who initiates a proceeding in
the laws of the State of Nebraska, and, as applicable, federal
court may elect arbitration with respect to any dispute
law, regardless of where the transactions are made.
advanced in that proceeding by any other party. This
28. Monitoring/Recording Telephone Calls. Our
arbitration provision shall survive any termination of this
supervisory personnel may listen to and record your
Agreement or your Account.
telephone calls to us for the purpose of monitoring and
C. Disputes Not Covered By Arbitration. Disputes
improving the quality of service you receive.
filed by you or by us individually in a small claims court are
29. Severability. All other provisions of this Agreement
not subject to arbitration if the disputes remain in such court
shall remain in full force even if one or more provisions of this
and advance only as an individual claim for relief.
Agreement are held invalid, illegal, void or unenforceable by
d. Opt Out. You have the right to opt out of arbitration
any rule or law, administrative order or judicial decision.
by sending a signed written notice stating your decision to
30. Authorized User. If you elect to have an authorized
opt out of arbitration to BANK OF THE WEST at Loan
user, you will be liable for all transactions made by that user
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days
on your Account. Any authorized user is not a contractually
after the date you opened your Account ("Account Open
liable party.
Date").
31. Our Communications with You. You agree that we,
e. Commencing an Arbitration. The party initiating
any of our affiliates, agents, independent contractors or
arbitration must choose one of the following arbitration
service providers may monitor and record telephone calls
forums to administer arbitration under the forum's rules
regarding your banking services to assure the quality of our
(except as modified by this Agreement): (i) the American
service or for other reasons. You expressly consent that we,
Arbitration Association ("AAA") under AAA's Consumer
any of our affiliates, agents, independent contractors or
Arbitration Rules available at www.adr.org or 1-800-778-
service providers may use written, electronic, or verbal
7879; (ii) JAMS under JAMS' Comprehensive Arbitration
means, or any other medium, as permitted by law and
Rules & Procedures or Streamlined Arbitration Rules &
including, but not limited to, mail and facsimile, to contact
Procedures, including JAMS' Consumer Minimum Standards
you. Your consent includes, but is not limited to, contact by
(but not JAMS' Class Action Procedures), available at
manual calling methods, prerecorded or artificial voice
www.jamsadr.com or 1-800-352-5267.
messages, text messages, e-mails and/or automatic
f. Arbitration Procedure. Arbitration shall be decided
telephone dialing systems. You agree that we, any of our
by a single neutral arbitrator selected in accordance with
affiliates, agents, independent contractors or service
AAA's or JAMS' rules, as applicable. The arbitrator will
providers may contact you by using any e-mail or any
decide the dispute in accordance with the terms of our
telephone number you provide, including a telephone
agreements and applicable substantive law, including the
number for a cellular phone or other wireless device,
Federal Arbitration Act and applicable statutes of limitation.
regardless of whether you incur any charges as a result.
The arbitrator shall honor claims of privilege recognized at
32. RESOLUTION OF DISPUTES BY ARBITRATION.
law. Except as otherwise provided, the arbitrator may award
PLEASE READ THIS ARBITRATION PROVISION
damages or other relief (including injunctive relief) available
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU
to the individual claimant under applicable law. The arbitrator
WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT
will not have the authority to award relief to, or against, any
BEFORE A JUDGE OR JURY AND TO BRING OR
person or entity who is not a party to the arbitration. An award
PARTICIPATE
IN
ANY
CLASS
OR
OTHER
in arbitration shall determine the rights and obligations
REPRESENTATIVE ACTION.
between the named parties only, and only with respect to the
a. Agreement to Arbitrate Disputes. Except as
dispute in arbitration and shall not have any bearing on the
otherwise provided, if you are unable to resolve a dispute
rights and obligations of any other persons, or on the
with us informally, you and we agree that the dispute will be
resolution of any other dispute. The arbitrator will take
resolved through the binding arbitration process set forth in
reasonable steps to protect your Account information and
this arbitration provision upon demand by either you or us.
other proprietary or confidential information. Any arbitration
b. Disputes Covered By Arbitration. Except as
hearing shall take place in the same city as the U.S. District
otherwise provided, any dispute relating to or arising out of
Court closest to your home address, unless the parties agree
your Account or this Agreement, including any aspect of any
in writing to a different location or the arbitrator so orders. If
BW-CCAG (Rev. 10/2020)
you seek a total recovery of $10,000 or less, you may choose
whether the arbitration will be conducted solely on the basis
of documents submitted to the arbitrator, through a
i. Arbitration Costs. We will pay the filing,
telephonic hearing, or by an in-person hearing in accordance
administrative and/or arbitrator's fees or compensation
with AAA's or JAMS' rules. At your or our request, the
("Arbitration Fees") that we are required to pay pursuant to
arbitrator will issue a reasoned written decision sufficient to
the arbitration forums' rules or the law. In addition, with
explain the essential findings and conclusions on which the
respect to Arbitration Fees that you are required to pay under
award is based. The arbitrator's award shall be final and
the arbitration forum's rules in connection with an individual
binding, subject to judicial review only to the extent allowed
arbitration you have commenced against us, if you would like
under the Federal Arbitration Act. You or we may seek to
us to consider paying them because you are unable to do so,
have the award vacated or confirmed and entered as a
you must first request a waiver or reduction of the Arbitration
judgment in any court with jurisdiction.
Fees from the arbitration forum. If the request is denied or
g. No Class Action or Joinder of Parties. You and we
you remain unable to pay the reduced Arbitration Fees, we
agree that no class action, private attorney general or other
will consider paying them if we receive a written request by
representative claims may be pursued in arbitration and no
you sent to Bank of the West Legal Department, 180
such action may be pursued in court if either you or we elect
Montgomery Street, San Francisco, California 94104.
arbitration. Unless mutually agreed to by you and us, claims
j. Applicable Law. You and we are participating in
of two or more persons may not be joined, consolidated, or
transactions that involve interstate commerce and this
otherwise brought together in the same arbitration (unless
arbitration provision and any resulting arbitration are
those persons are joint account holders or beneficiaries on
governed by the Federal Arbitration Act. To the extent state
your Account or related accounts, or parties to a single
law applies, the laws of the state governing your Account
transaction or related transaction).
relationship apply. No state statute pertaining to arbitration
h. Public Injunctive Relief Waiver. If either you or we
shall apply.
elect to arbitrate a dispute, neither you nor we will have the
k. Severability. Except as provided in "Public Injunctive
right to seek a public injunction in arbitration or in court, if
Relief Waiver," if any part of this arbitration provision
such a waiver is permitted by the FAA. If any waiver of
regarding joinder, consolidation, class actions, class
public injunctive relief in this arbitration provision (as set
arbitrations, general public or private attorney general
forth in any part of this arbitration provision) is found to be
actions is found to be illegal or unenforceable, that invalid
invalid or unenforceable, and that decision is not reversed
part shall not be severable and this entire agreement to
on appeal, any claim for a public injunction will be decided
arbitrate disputes shall be unenforceable. If any other part of
in court after all other disputes to be decided in arbitration
this arbitration provision, including "Public Injunctive Relief
under this arbitration provision are arbitrated and the
Waiver," is deemed to be invalid or unenforceable, that
arbitration award regarding individual relief has been
invalid part will be severed from the remainder of this
entered in court. In no event will a claim for public injunctive
arbitration provision and the remainder of this arbitration
relief be arbitrated. As set forth in "Severability" below, the
provision will be enforced.
invalidity or unenforceability of this paragraph will not affect
the validity or enforceability of the remainder of this
arbitration provision.
Your Billing Rights
Keep This Notice 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
We cannot try to collect the amount in question, or
If you think there is an error on your statement, write to us at:
report you as delinquent on that amount.
Bank of the West
The charge in question may remain on your
BankCard Customer Service Department
statement, and we may continue to charge you
PO Box 2319
interest on that amount.
Omaha, NE 68172-9793
While you do not have to pay the amount in
In your letter, give us the following information:
question, you are responsible for the remainder of
Account information: Your name and Credit Card
your balance.
account number.
We can apply any unpaid amount against your
Dollar amount: The dollar amount of the suspected
credit limit.
error.
Description of problem: If you think there is an error
After we finish our investigation, one of two things will
on your bill, describe what you believe is wrong and
happen:
why you believe it is a mistake.
You must contact us:
If we made a mistake: You will not have to pay the
Within 60 days after the error appeared on your
amount in question or any interest or other fees
statement.
related to that amount.
At least 3 business days before an automated
If we do not believe there was a mistake: You will
payment is scheduled, if you want to stop payment
have to pay the amount in question, along with
on the amount you think is wrong.
applicable interest and fees. We will send you a
You must notify us of any potential errors in writing [or
statement of the amount you owe and the date
electronically]. You may call us, but if you do we are not
payment is due. We may then report you as
required to investigate any potential errors and you may have
delinquent if you do not pay the amount we think
to pay the amount in question.
you owe.
What Will Happen After We Receive Your Letter
If you receive our explanation but still believe your bill is
When we receive your letter, we must do two things:
wrong, you must write to us within 10 days telling us that you
1. Within 30 days of receiving your letter, we must tell you
still refuse to pay. If you do so, we cannot report you as
that we received your letter. We will also tell you if we have
delinquent without also reporting that you are questioning
already corrected the error.
your bill. We must tell you the name of anyone to whom we
2. Within 90 days of receiving your letter, we must either
reported you as delinquent, and we must let those
correct the error or explain to you why we believe the bill is
organizations know when the matter has been settled
correct. While we investigate whether or not there has
between us.
been an error:
BW-CCAG (Rev. 10/2020)
If we do not follow all of the rules above, you do not have to
pay the first $50 of the amount you question even if your bill
is correct.
Your Rights If You Are Dissatisfied With Your Credit
Card Purchases
If you are dissatisfied with the goods or services that you
have purchased with your credit card and you have tried in
good faith to correct the problem with the merchant, you may
have the right not to pay the remaining amount due on the
purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state
or within 100 miles of your current mailing address, and the
purchase price must have been more than $50. (Note:
Neither of these are necessary if your purchase was based
on an advertisement we mailed to you, or if we own the
company that sold you the goods or services.)
2. You must have used your credit card for the purchase.
Purchases made with cash advances from an ATM or with a
check that accesses your Credit Card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still
dissatisfied with the purchase, contact us in writing at:
Bank of the West
BankCard Customer Service Department
PO Box 2319
Omaha, NE 68172-9793
While we investigate, the same rules apply to the disputed
amount as discussed above. After we finish
our
investigation, we will tell you our decision. At that point, if we
think you owe an amount and you do not pay, we may report
you as delinquent.
NOTICE FOR WISCONSIN RESIDENTS: Any holder of this
Credit Card Agreement is subject to all claims and defenses
which the debtor could assert against the seller of goods or
services obtained pursuant hereto or with the proceeds
hereof. Recovery hereunder by the debtor shall not exceed
amounts paid by the debtor hereunder.
BW-CCAG (Rev. 10/2020)
Interest Rates, Interest Charges, and Fees - Cash Back World Mastercard Card
Interest Rates and Interest Charges
Annual Percentage Rate
0.00% Introductory APR for the first twelve months.
(APR) for Purchases
After that, your APR will be
15.99%
to
22.99%,
based on your
creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
0.00% Introductory APR for the first twelve months.
After that, your APR will be
15.99%
to
22.99%,
based on your
creditworthiness.
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
24.99%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
None
Applies
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial
visit the website of the Consumer Financial Protection Bureau
Protection Bureau
at http://www.consumerfinance.gov/learnmore/
Fees
Annual Fee
None
Transaction Fees
Balance Transfer
Either $10 or 4% of the amount of each transfer, whichever is greater.
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction
3% of the U.S. Dollar amount of each such transaction.
Penalty Fees
Late Payment
Up to $38 (Varies by State. See next page for details.).
Returned Payment
Up to $38 (Varies by State. See next page for details.).
How We Will Calculate Your Balance: We will use a method called "average daily balance (including new purchases)."
See your Credit Card Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your Credit
Card Agreement.
Late Payment fee for lowa residents is $27 for the first violation and $30 for each subsequent violation within the
next
six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the
next
six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to
the
Minimum
Payment Due.
Returned Payment fee for lowa residents is $27 for the first violation and $30 for each subsequent violation within
the
next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within the
next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be equal to the
Minimum Payment Due.
Interest Charges for Covered Members of the Armed Forces and Their Dependents: Federal law provides important
protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the
cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage
rate of 36%. This rate must include, as applicable to the credit transaction or account: the costs associated with credit
insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged
(other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other
than certain participation fees for a credit card account).
If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or
penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces members
and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users call 1-800-659-
5495).
Doing business in South Dakota as Bank of the West California.
BANK
WEST
BNP PARIBAS
CREDIT CARD AGREEMENT
(Personal Accounts)
By requesting or accepting any Platinum Mastercard or
necessary to verify Payments received on your Credit Card
Cash Back World Mastercard account (individually or
account. If we accept a payment from you in excess of your
collectively called "Credit Card account" or "Account") with
outstanding balance, your available Credit Limit will not be
Bank of the West, you agree to be bound by all the terms of
increased by the amount of the overpayment nor will we be
this Agreement and as applicable, the Bank of the West Cash
required to authorize transactions for an amount in excess of
Back Rewards Program Rules. In this Agreement, the words
your Credit Limit.
"you" or "your" mean everyone who has requested or
3. Temporary Reduction of Credit Limit. Merchants,
accepted a Credit Card account with us. The words "we,"
such as car rental companies and hotels, may request prior
"us," "our," or "Bank" mean Bank of the West. If you do not
credit approval from us for an estimated amount of your
accept this Agreement or Program Rules, you must notify us
Purchases, even if you ultimately do not pay by credit. If our
in writing within 5 days after receipt. Use of your card or any
approval is granted, your available Credit Limit will
feature (including a balance transfer) of your Credit Card
temporarily be reduced by the amount authorized by us. If
Agreement shall constitute acceptance of this Agreement
you do not ultimately use your Credit Card account to pay for
and Program Rules.
your Purchases or if the actual amount of Purchases posted
to your Credit Card account varies from the estimated
1. Use. Your Platinum Mastercard or Cash Back World
amount approved by us, it is the responsibility of the
Mastercard (individually or collectively called "Card") may be
merchant, not us, to cancel the prior credit approval based
used as a credit card for purchases of goods or services from
on the estimated amount. The failure of the merchant to
participating merchants ("Purchases") or to get Cash
cancel a prior credit approval may result in a temporary
Advances from us or any other financial institution displaying
reduction of your available Credit Limit, but will not increase
the "MasterCard" logo, or to purchase certain items such as
the amount you owe us under this Agreement.
traveler's cheques, foreign currency, money orders, wire
4. Agreement to Pay. When you use your Card or Credit
transfers, lottery tickets, and (except as noted below) funds
Card account, or when you permit anyone to use it, you agree
to be used for wagers or gambling (all of which are
to pay the amount of any and all transactions (including any
collectively referred to as "Cash Advances") up to your Credit
which may have been made in violation of this Agreement),
Limit; provided, however, you may not use your Card (i) to
and the INTEREST CHARGES, and fees that may become
make Purchases or obtain Cash Advances for any illegal
due as shown on the periodic statement. You agree that we
transaction, or (ii) for any internet or online gambling
may change or cancel your Credit Card account at any time
transactions. Transactions for online or internet gambling will
without affecting your obligation to pay the amounts that you
not be approved. If you use your Card for any illegal or
owe under this Agreement.
prohibited transaction, this Agreement also applies to such
5. Periodic Statement. Each month we will send you a
transaction and you agree to pay any and all amounts related
periodic statement for each Credit Card account you have
to such transaction pursuant to the terms of this Agreement.
with us covering the previous billing period. We may not send
We may, in our sole discretion, restrict the use of or terminate
you a statement if your balance is less than $1 and there
your Card if we notice excessive use of your Card or other
were no transactions during the billing period. The statement
suspicious activities or if we reasonably believe the Card is
will have a "Statement Period Date", "Statement Closing
or has been used for one or more illegal or prohibited
Date" and a "Payment Due Date," and will show, among other
transactions. You can also obtain a Cash Advance by writing
things, your "Previous Balance," your "New Balance," and
a special Mastercard check ("Convenience Check"). The
your minimum monthly payment, which will be shown as
Cash Advance will be posted to your Credit Card account
"Minimum Payment Due."
when the Convenience Check reaches us. If you stop
6. Payment. You must make a payment by the "Payment
payment on a Convenience Check, your Credit Card account
Due Date." You have two choices: You may pay the entire
will be charged $16.00 (or as permitted by law) for each stop
"New Balance" or you may pay in installments by paying at
payment. We may designate that only a portion of your Credit
least the "Minimum Payment Due." When your payment is
Limit is available for Cash Advances. In addition, you may
properly received, we will allocate your payment in a manner
request that we pay other creditors on your behalf and
we determine except as otherwise required by law. The
transfer approved amounts to your Account ("Balance
Minimum Payment is applied first to fees, then to INTEREST
Transfers").
CHARGES and finally to principal. We apply the Minimum
Your Card may also be used in certain automated terminals
Payment to balances with lower APRs, including introductory
to gain access to your Credit Card accounts. We have no
APRs, before balances with higher APRs. Payments made in
responsibility for the failure of any machine, merchant,
excess of the Minimum Payment will be applied first to
financial institution, or any other party to honor your Card.
balances with the highest ANNUAL PERCENTAGE RATE
Your Card and Credit Card account may be used only for
(APR) and then to each successive balance bearing the next
valid and lawful purposes. If you use or allow someone else
highest ANNUAL PERCENTAGE RATE.
to use the Card or Credit Card account for any other purpose,
Payments must be mailed to the BankCard Center address
you will be responsible for such use and may be required to
specified in your periodic statement and reach the BankCard
reimburse us for all amounts or expenses we pay as a result
Center during our regular business day by 5:00 p.m. Pacific
of such use.
Time for the payment to be credited the same business day.
2. Credit Limit. We will notify you of the Credit Limit for
Payments made in person at one of our branches, or made
each Credit Card account you have with us. You agree that
by telephone, or made through our website or another
your total charges, including Purchases, Cash Advances,
website controlled by a third party on our behalf must be
Balance Transfers, INTEREST CHARGES, and fees that
received by 5:00 p.m. Pacific Time to be credited the same
may be due will not exceed your Credit Limit. If you do go
business day. Payments received after the cutoff time of 5:00
over your Credit Limit, you must repay the excess amount
p.m. Pacific Time are credited as of the following business
immediately, and we may reduce the available Credit Limit of
day. If you fail to properly make payments, crediting of such
any other Credit Card account you have with us until such
payments may be delayed and you may incur late charges
time the excess amount is repaid. You may apply to increase
and additional interest as a result of the delay. Even when
your Credit Limit at any time but we are not obligated to
your payment is credited to your Account, we may delay the
increase your Credit Limit at any time. Furthermore, we
availability of part or all of your payment amount as credit for
reserve the right to lower your Credit Limit at any time. For
up to 15 days.
security reasons, we may limit the number or amount of
If a payment is returned to us for any reason, we may
transactions that may be accomplished with your Card or
apply a Returned Payment Fee of $27 for the first violation
Credit Card account, and we have the right to limit
and $38 for each subsequent violation within the next six
authorizations to make transactions if we consider it
billing cycles. The Returned Payment Fee for lowa residents
is $27 for the first violation and $30 for each subsequent
BW-CCAG 10/2020)
violation within the next six billing cycles. If the Returned
ANNUAL PERCENTAGE RATE may change each month on
Payment Fee is greater than the Minimum Payment Due, the
the first day of each of your billing cycles. Each date on which
fee will be equal to the Minimum Payment Due.
the rate of interest could change is called a "Change Date."
From time to time, we may let you skip or reduce one or
Changes will be based on changes in the "Index." The Index
more monthly payments during a year and/or we may
is the Prime Rate published in the "Money Rates" table of The
temporarily reduce or eliminate certain INTEREST
Wall Street Journal on the business day immediately
CHARGES on all or a portion of your Credit Card account
preceding the day your billing cycle ends. If the Index is no
balance or offer you other special terms. If we do, we will
longer available, we will choose a new index which is based
advise you of the scope and duration of the applicable skip
upon comparable information and will give you notice of our
or promotional feature. When the skip or promotional feature
choice. The ANNUAL PERCENTAGE RATE may increase or
ends, your regular rates and all the terms of the Agreement
decrease each month if the Index changes. Any new rate will
will resume.
be applied as of the first day of your billing cycle during which
7. Minimum Payment Late Payment Fee. The "Minimum
the Index has changed. If the ANNUAL PERCENTAGE
Payment Due" must be received by us by the "Payment Due
RATE increases, you will pay a higher INTEREST CHARGE,
Date." If it is not, we may apply a Late Payment Fee of up to
which may result in a higher minimum payment.
$27 for the first violation and up to $38 for each subsequent
The interest rate for Purchases and Balance Transfers
violation within the next six billing cycles. The Late Payment
on your Platinum Credit Card account is based on a variable
Fee for lowa residents is up to $27 for the first violation and
rate equal to the sum of the Index plus a "Rate Spread" of
up to $30 for each subsequent violation within the next six
11.74 to 19.74 percentage points, based on your
billing cycles. If such charge would result in an INTEREST
creditworthiness. The interest rate for Purchases (after the
CHARGE greater than the maximum allowed by law, we will
Introductory Period) and Balance Transfers on your Cash
only charge the maximum allowable rate. Your Minimum
Back World Credit Card account is based on a variable rate
Payment Due will be 3% of the New Balance plus any Late
equal to the sum of the Index plus a "Rate Spread" of 12.74
Payment Fee (with a minimum of the lesser of $27 or your
to 19.74 percentage points, based on your creditworthiness.
New Balance) and any amount over your credit limit and past
The interest rate for Cash Advances on your Account is
due amount.
based on a variable rate equal to the sum of the Index plus a
8. How to Avoid Paying Interest on Purchases. There
"Rate Spread" of 21.74 percentage points. Immediately
may be different treatment of INTEREST CHARGES for
before each Change Date we will determine the new interest
Purchases, Balance Transfers, and Cash Advances, even
rate by adding the Rate Spread to the Index. The new interest
though they are computed the same way. You may avoid
rate will become effective at the start of your first billing cycle
paying an INTEREST CHARGE on Purchases if we receive
after the Change Date. Only one ANNUAL PERCENTAGE
the entire New Balance by the Payment Due Date. If we do
RATE and Daily Periodic Rate will be in effect for each
not receive the entire New Balance by the Payment Due
Balance Category during the billing period. The ANNUAL
Date, the INTEREST CHARGE will be charged on the
PERCENTAGE RATE will not exceed the maximum rate
Purchases from the date of the transaction. INTEREST
permitted by law. The effect of any increase in the ANNUAL
CHARGES on all other balances, including Cash Advances
PERCENTAGE RATE and the Daily Periodic Rate would be
and Balance Transfers, begin on the transaction date and will
to increase the amount of INTEREST CHARGE or interest
be assessed even if your entire New Balance is paid by the
you must pay and thus increase your monthly payments.
Payment Due Date.
10. Transaction Fees. You also agree to pay us the
9. Computing Your INTEREST CHARGE. We figure the
appropriate fees listed below (as permitted by applicable law)
INTEREST CHARGE on each Credit Card account by
which may be amended from time to time by us. You
applying the periodic rate to the "Average Daily Balance" of
authorize us to charge your Credit Card account for the
each Balance Category on the Credit Card account, including
following fees due to us. Cash Advance fee: 4.00% of each
current transactions. Balance Categories include Purchases,
Cash Advance, $10 minimum. Balance Transfer fee 4.00%
Balance Transfers, Cash Advances, Introductory Rates and
of each balance transferred, $10 minimum.
any special rate offers we may make available from time to
11. Foreign Transaction Fee. Transactions that you make
time. If you are charged interest, the charge will be no less
in a foreign currency or that you make outside of the United
than $1.00 (the minimum interest charge will appear as
States of America even if it is made in U.S. dollars are
"Minimum Charge" in the fees section of your statement).
considered foreign transactions. If you make a transaction in
a. Average Daily Balance. To obtain the daily balance
a foreign currency it will be billed to you in U.S. Dollars. The
for each Balance Category we take the beginning balance
conversion rate to U.S. Dollars will be determined by
each day and add new transactions applicable to each
Mastercard International in accordance with their operating
category, and subtract any payments, credits, and refunds
regulations or conversion procedures in effect at the time the
applied to the category. To figure your Average Daily
transaction is processed. Currently, their regulations and
Balance for each Balance Category, we add all your daily
procedures provide that the currency conversion rate they
balances and divide by the number of days in the billing
use is either (1) a government-mandated rate or (2) a
period.
wholesale market rate, whichever is applicable, in effect one
b. Figuring the INTEREST CHARGE. We compute the
day prior to the processing date. We do not determine the
INTEREST CHARGE for each Balance Category by
currency conversion rate which is used. You agree to pay
multiplying these Average Daily Balances by the applicable
the converted amount in U.S. funds. In addition, Mastercard
Daily Periodic Rate, and then we multiply the result by the
will charge us (the Bank) an international transaction fee,
number of days in the billing period. To determine the Daily
currently equal to one percent (1.00%) of the transaction
Periodic Rate for each Balance Category, we divide the
amount. We will charge you the international transaction fee
applicable ANNUAL PERCENTAGE RATE in effect for the
imposed on us plus an additional two percent (2.00%) of the
billing period by 365 (366 for leap year). The way we get the
transaction amount whether that transaction was originally
ANNUAL PERCENTAGE RATE for each Balance Category
made in U.S. dollars or was made in another currency and
is described below under "Fixed Rate" and "Variable Rate."
converted to U.S. dollars. These two fees will be aggregated
C. Fixed Rate. Introductory ANNUAL PERCENTAGE
and shown as one Foreign Transaction Fee on your
RATES for Purchases, Balance Transfers or Cash Advances
statement.
may vary, if applicable. Please refer to your Account Opening
12. Other Fees. As allowed by law, we may charge, and
Disclosures for specific introductory period and ANNUAL
you agree to pay, fees for certain services or requests made
PERCENTAGE RATES associated with your Account. After
by you, such as but not limited to: Automated Teller Machine
the Introductory Period ends, your regular ANNUAL
("ATM") transactions conducted at machines not operated by
PERCENTAGE RATES for Purchases, Balances Transfers
us, requests for copies of billing statements, sales drafts, or
or Cash Advances will apply.
other records of your Account, or if you request a
d. Variable Rate. The current ANNUAL PERCENTAGE
replacement card(s). However, we will not charge fees for
RATE for all variable rates is shown on the Account Opening
copies of documents requested for a billing dispute. These
Disclosure which has been provided to you with this
fees may change from time to time. We will inform you of the
Agreement. The Daily Periodic Rate and the corresponding
fee(s) that you will incur prior to when the applicable
BW-CCAG (Rev. 10/2020)
service(s) is(are) provided or when you make the request(s),
an automated terminal, or the use of the Card by anyone else
as applicable. You authorize us to charge your Credit Card
who uses it with your permission. Security in use of the Card
account for any such fees that you incurs. We reserve the
is provided by the secret code, which we will provide you, and
right to waive a fee from time to time but a waiver does not
the magnetically encoded stripe on the Card. Please keep
mean we will continue to waive such fee in the future.
the Card safe and also protect the secret code. Use the Card
13. Interest Charges for Covered Members of the
and the secret code as instructed at all times. Please notify
Armed Forces and Their Dependents: Federal law
us of any mechanical or operating failure in connection with
provides important protections to members of the Armed
the use of your Card. Do not permit anyone else to use your
Forces and their dependents relating to extensions of
Card and do not disclose your secret code or record it on the
consumer credit. In general, the cost of consumer credit to a
Card. The Card remains the property of the Bank and can be
member of the Armed Forces and his or her dependent may
revoked and repossessed at any time. You must return it to
not exceed an ANNUAL PERCENTAGE RATE of 36%. This
us when asked.
rate must include, as applicable to the credit transaction or
e. Fees for Using Automated Terminal Services. Fees
account: the costs associated with credit insurance
may be charged for transactions made at automated teller
premiums; fees for ancillary products sold in connection with
machines not operated by us as described in paragraph 12-
the credit transaction; any application fee charged (other than
Other Fees.
certain application fees for specified credit transactions or
16. Lost or Stolen Card; Your Liability for
accounts); and any participation fee charged (other than
Unauthorized Use. Tell us AT ONCE if you believe your
certain participation fees for a credit card account).
Card has been lost or stolen. Telephoning is the best way of
If you are a covered member of the armed forces or a
keeping your possible losses down.
dependent, you will not be charged annual fees, transaction
You may be liable for the unauthorized use of your Card
fees, or penalty fees so that your cost may not exceed the
as a credit card. You will not be liable for unauthorized use of
Military Lending Act ANNUAL PERCENTAGE RATE cap.
your Card as a credit card which occurs after you notify us at
Armed Forces members and their dependents can hear
the telephone number or address stated in paragraph 17,
about the protections provided to them by calling 1-866-761-
orally or in writing, of loss, theft, or possible unauthorized
2689 (TTY users call 1-800-659-5495).
use. In any case, your liability for unauthorized use of your
14. Default. We may declare the entire balance for all
Card as a credit card will not exceed $50.00.
Credit Card accounts due and payable at once with or without
17. Where to Call or Write. If you believe your Card has
notice or demand if any of these events (a "Default")
been lost or stolen or that someone is using your Card or
happens:
Credit Card account without your permission, call:
a. If you miss a payment under this Agreement or any
1-800-996-2638 (for TTY call 1-800-659-5495) or write to:
other obligation you owe us; or
Bank of the West, BankCard Security Department, PO Box
b. If you violate any terms of this Agreement.
2078, Omaha, NE 68103-2078.
If you are in Default, we may terminate your Credit Card
18. Our Business Days. Our business days are Monday
account, make no more additional loans, and require you to
through Friday, except for bank holidays.
immediately repay the entire unpaid balance of all amounts
19. Credit Investigation and Disclosure. You authorize
due on your Credit Card account, including but not limited to
us, both now and in the future, to check your credit and
all loan amounts, late charges and other charges assessed
employment history and to release information about our
but not paid, and all of the INTEREST CHARGES accrued
credit experience with you in response to legitimate credit
but not paid. If we terminate your Credit Card account, your
inquiries. If you believe that we have incorrect information or
obligation to repay the amounts you already owe us would
have reported inaccurate information about you to a credit
continue.
bureau, please call us at 1-800-996-2638 (for TTY-call 1-800-
At our option, we may also take action short
of
659-5495). As required by law, you are hereby notified that
terminating your Credit Card account. If we take such lesser
a negative credit report reflecting on your credit history may
action initially, we reserve the right to terminate your Credit
be submitted to a credit reporting agency if you fail to fulfill
Card account and accelerate all amounts due under this
the terms of your credit obligations.
Agreement regardless of whether any additional events have
20. Security Interest. We have no security for any
occurred which would permit termination and acceleration.
amounts which become due under this Agreement, even
15. Automated Terminal Services
though any other agreement you may have with us, such as
a. Automated Terminals. You may use your Card in the
a mortgage, may provide for such a security interest, unless
following automated terminals:
you have given us a specific security interest in connection
(1) Any Bank of the West automated teller machines.
with this Agreement, which is described on the Supplement
(2) Any other automated teller machine that is
attached to this Agreement.
participating in a network and accepts our Card ("Network
21. Collection. You promise to pay all collection costs,
ATM") and
including, without limitation, mailgram charges, reasonable
(3) Any point-of-sale terminal that accepts our Card
lawyers' fees and court costs, as permitted by law.
("POS terminal").
22. If There are More Than One of You. Each of you
b. Services Available at an Automated Terminal
individually, or all of you together, will be liable under this
(1) You may use your Card at a Bank of the West or
Agreement. We may collect from or sue any one of you, or
any Network ATM to:
make any settlements or extensions with any one of you,
(a) Get a Cash Advance from your Credit Card
without giving up our rights against the other. You understand
account.
that any one of you can make Purchases, get Cash
(b) Get your Credit Card account balances. These
Advances, or perform Balance Transfers under this
balances may not include some transactions recently made
Agreement which will be binding upon all of you.
in your Credit Card account. Some of the services described
23. Compliance with Laws/Sanctions. You agree to
in subparagraphs (a) and (b) may not be available at all
comply with all applicable laws and regulations, including
Network ATMs.
those relating to anti-bribery, anti-money laundering, the fight
(c) You may use your Card at a POS terminal to
against terrorism, and sanctions ("Sanctions"), that apply to
purchase certain merchandise. The amount of your purchase
the Bank or BNP Paribas S.A. You represent that you are not
will automatically be charged to your Credit Card account as
the target of Sanctions. You agree to hold the Bank harmless
a Purchase.
from liability for any actions taken by the Bank to comply with
C. Limits of Automated Terminal Services - Cash
applicable laws and regulations, including Sanctions.
Advances. You may get a Cash Advance from a Bank of the
24. No Waiver of Rights. If we choose to waive any of the
West Automated Terminal up to an aggregate amount of
terms or conditions of this Agreement on a case-by-case
$500 each calendar day, provided that this amount does not
basis, such as by not declaring the entire balance due when
exceed your Credit Limit. This amount may be less for Cash
the minimum monthly payment has not been made on time,
Advances from Network ATMs.
it does not mean that we have waived, or given up, our right
d. Card and Secret Code (PIN) Use. You are
to exercise any of our rights or remedies under this
responsible for all transactions in which you use your Card in
Agreement in the future. We are not required to use any
BW-CCAG (Rev. 10/2020)
particular kind of demand or notice in order to collect
agreement governed by this Agreement, or prior or later
amounts due to us under this Agreement. No indulgence or
versions of this Agreement, and any changes to the terms of
acceptance by us of delinquent or partial payments constitute
this Agreement will be subject to arbitration. Except as
a waiver of our rights or of any provision of this Agreement.
expressly provided, all disputes are subject to arbitration no
No waiver of any existing default shall be deemed to waive
matter the legal theory or remedy (damages, or injunctive or
any subsequent default.
declaratory relief) sought. Disputes include (1) any
25. Changing Terms. We can change, add to, delete or
unresolved claims concerning any services relating to your
otherwise modify the terms of this Agreement at any time in
Account, including, without limitation, Purchases, Balance
any way permitted by law. We will send you a notice of
Transfers, Cash Advances, INTEREST CHARGES, your use
change at least 45 days (or as required by applicable law)
of any of our banking locations or facilities, or any means you
before the effective date of the change. We do not have to
use to access your Account; (2) any claims that arose before
send you an advance notice of the change if it favors you,
you and we entered into this Agreement (such as disputes
such as by reducing rates, or increasing the maximum credit
related to advertising) and after the termination of this
limit. Except in cases where we are changing terms due to
Agreement; (3) not only claims made directly by you, but also
the Minimum Payment Due not being received within 60 days
made by anyone connected with you or claiming through you,
of the Payment Due Date, you agree that the change may
such as an authorized user, a beneficiary, employee,
cover all transactions made 15 days after we mail the notice.
representative, agent, predecessor or successor, heir,
If you do not agree to the change, a method for rejecting the
assignee, or trustee in bankruptcy; (4) not only claims that
change and closing the Account will be provided in the
relate directly to us, but also our parent, affiliates,
Change of Terms Notice. You agree that if you use your
successors, assignees, employees, and agents and claims
card after the effective date of the change, this will constitute
for which we may be directly or indirectly liable, even if we
your agreement with the change.
are not properly named at the time the claim is made; (5)
26. Canceling this Agreement. We have the right to
claims based on any theory of law, contract, statute,
cancel this Agreement at any time by sending a notice to any
regulation, tort (including fraud or any intentional tort), or any
one of you in writing. You also have the same right to cancel
other legal or equitable ground, and include claims made as
this Agreement at any time by sending us a notice in writing
counterclaims, cross-claims, third party claims, interpleaders
or calling the BankCard Center at 1-800-996-2638 (for TTY
or otherwise; (6) claims made as part of a class action or
call 1-800-659-5495). If this Agreement is canceled by you or
other representative action, being expressly understood and
us, your obligation is to repay amounts you already owe
agreed that arbitration of such claims must proceed on an
under this Agreement. In either case, the Account will be
individual (non-class, non-representative) basis; and (7)
closed and you will no longer have access to the Account.
claims relating to the enforceability or interpretation of this
27. Governing Law. This Agreement will be governed by
arbitration provision. A party who initiates a proceeding in
the laws of the State of Nebraska, and, as applicable, federal
court may elect arbitration with respect to any dispute
law, regardless of where the transactions are made.
advanced in that proceeding by any other party. This
28. Monitoring/Recording Telephone Calls. Our
arbitration provision shall survive any termination of this
supervisory personnel may listen to and record your
Agreement or your Account.
telephone calls to us for the purpose of monitoring and
C. Disputes Not Covered By Arbitration. Disputes
improving the quality of service you receive.
filed by you or by us individually in a small claims court are
29. Severability. All other provisions of this Agreement
not subject to arbitration if the disputes remain in such court
shall remain in full force even if one or more provisions of this
and advance only as an individual claim for relief.
Agreement are held invalid, illegal, void or unenforceable by
d. Opt Out. You have the right to opt out of arbitration
any rule or law, administrative order or judicial decision.
by sending a signed written notice stating your decision to
30. Authorized User. If you elect to have an authorized
opt out of arbitration to BANK OF THE WEST at Loan
user, you will be liable for all transactions made by that user
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days
on your Account. Any authorized user is not a contractually
after the date you opened your Account ("Account Open
liable party.
Date").
31. Our Communications with You. You agree that we,
e. Commencing an Arbitration. The party initiating
any of our affiliates, agents, independent contractors or
arbitration must choose one of the following arbitration
service providers may monitor and record telephone calls
forums to administer arbitration under the forum's rules
regarding your banking services to assure the quality of our
(except as modified by this Agreement): (i) the American
service or for other reasons. You expressly consent that we,
Arbitration Association ("AAA") under AAA's Consumer
any of our affiliates, agents, independent contractors or
Arbitration Rules available at www.adr.org or 1-800-778-
service providers may use written, electronic, or verbal
7879; (ii) JAMS under JAMS' Comprehensive Arbitration
means, or any other medium, as permitted by law and
Rules & Procedures or Streamlined Arbitration Rules &
including, but not limited to, mail and facsimile, to contact
Procedures, including JAMS' Consumer Minimum Standards
you. Your consent includes, but is not limited to, contact by
(but not JAMS' Class Action Procedures), available at
manual calling methods, prerecorded or artificial voice
www.jamsadr.com or 1-800-352-5267.
messages, text messages, e-mails and/or automatic
f. Arbitration Procedure. Arbitration shall be decided
telephone dialing systems. You agree that we, any of our
by a single neutral arbitrator selected in accordance with
affiliates, agents, independent contractors or service
AAA's or JAMS' rules, as applicable. The arbitrator will
providers may contact you by using any e-mail or any
decide the dispute in accordance with the terms of our
telephone number you provide, including a telephone
agreements and applicable substantive law, including the
number for a cellular phone or other wireless device,
Federal Arbitration Act and applicable statutes of limitation.
regardless of whether you incur any charges as a result.
The arbitrator shall honor claims of privilege recognized at
32. RESOLUTION OF DISPUTES BY ARBITRATION.
law. Except as otherwise provided, the arbitrator may award
PLEASE READ THIS ARBITRATION PROVISION
damages or other relief (including injunctive relief) available
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU
to the individual claimant under applicable law. The arbitrator
WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT
will not have the authority to award relief to, or against, any
BEFORE A JUDGE OR JURY AND TO BRING OR
person or entity who is not a party to the arbitration. An award
PARTICIPATE
IN
ANY
CLASS
OR
OTHER
in arbitration shall determine the rights and obligations
REPRESENTATIVE ACTION.
between the named parties only, and only with respect to the
a. Agreement to Arbitrate Disputes. Except as
dispute in arbitration and shall not have any bearing on the
otherwise provided, if you are unable to resolve a dispute
rights and obligations of any other persons, or on the
with us informally, you and we agree that the dispute will be
resolution of any other dispute. The arbitrator will take
resolved through the binding arbitration process set forth in
reasonable steps to protect your Account information and
this arbitration provision upon demand by either you or us.
other proprietary or confidential information. Any arbitration
b. Disputes Covered By Arbitration. Except as
hearing shall take place in the same city as the U.S. District
otherwise provided, any dispute relating to or arising out of
Court closest to your home address, unless the parties agree
your Account or this Agreement, including any aspect of any
in writing to a different location or the arbitrator so orders. If
BW-CCAG (Rev. 10/2020)
you seek a total recovery of $10,000 or less, you may choose
whether the arbitration will be conducted solely on the basis
of documents submitted to the arbitrator, through a
i. Arbitration Costs. We will pay the filing,
telephonic hearing, or by an in-person hearing in accordance
administrative and/or arbitrator's fees or compensation
with AAA's or JAMS' rules. At your or our request, the
("Arbitration Fees") that we are required to pay pursuant to
arbitrator will issue a reasoned written decision sufficient to
the arbitration forums' rules or the law. In addition, with
explain the essential findings and conclusions on which the
respect to Arbitration Fees that you are required to pay under
award is based. The arbitrator's award shall be final and
the arbitration forum's rules in connection with an individual
binding, subject to judicial review only to the extent allowed
arbitration you have commenced against us, if you would like
under the Federal Arbitration Act. You or we may seek to
us to consider paying them because you are unable to do so,
have the award vacated or confirmed and entered as a
you must first request a waiver or reduction of the Arbitration
judgment in any court with jurisdiction.
Fees from the arbitration forum. If the request is denied or
g. No Class Action or Joinder of Parties. You and we
you remain unable to pay the reduced Arbitration Fees, we
agree that no class action, private attorney general or other
will consider paying them if we receive a written request by
representative claims may be pursued in arbitration and no
you sent to Bank of the West Legal Department, 180
such action may be pursued in court if either you or we elect
Montgomery Street, San Francisco, California 94104.
arbitration. Unless mutually agreed to by you and us, claims
j. Applicable Law. You and we are participating in
of two or more persons may not be joined, consolidated, or
transactions that involve interstate commerce and this
otherwise brought together in the same arbitration (unless
arbitration provision and any resulting arbitration are
those persons are joint account holders or beneficiaries on
governed by the Federal Arbitration Act. To the extent state
your Account or related accounts, or parties to a single
law applies, the laws of the state governing your Account
transaction or related transaction).
relationship apply. No state statute pertaining to arbitration
h. Public Injunctive Relief Waiver. If either you or we
shall apply.
elect to arbitrate a dispute, neither you nor we will have the
k. Severability. Except as provided in "Public Injunctive
right to seek a public injunction in arbitration or in court, if
Relief Waiver," if any part of this arbitration provision
such a waiver is permitted by the FAA. If any waiver of
regarding joinder, consolidation, class actions, class
public injunctive relief in this arbitration provision (as set
arbitrations, general public or private attorney general
forth in any part of this arbitration provision) is found to be
actions is found to be illegal or unenforceable, that invalid
invalid or unenforceable, and that decision is not reversed
part shall not be severable and this entire agreement to
on appeal, any claim for a public injunction will be decided
arbitrate disputes shall be unenforceable. If any other part of
in court after all other disputes to be decided in arbitration
this arbitration provision, including "Public Injunctive Relief
under this arbitration provision are arbitrated and the
Waiver," is deemed to be invalid or unenforceable, that
arbitration award regarding individual relief has been
invalid part will be severed from the remainder of this
entered in court. In no event will a claim for public injunctive
arbitration provision and the remainder of this arbitration
relief be arbitrated. As set forth in "Severability" below, the
provision will be enforced.
invalidity or unenforceability of this paragraph will not affect
the validity or enforceability of the remainder of this
arbitration provision.
Your Billing Rights
Keep This Notice 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
We cannot try to collect the amount in question, or
If you think there is an error on your statement, write to us at:
report you as delinquent on that amount.
Bank of the West
The charge in question may remain on your
BankCard Customer Service Department
statement, and we may continue to charge you
PO Box 2319
interest on that amount.
Omaha, NE 68172-9793
While you do not have to pay the amount in
In your letter, give us the following information:
question, you are responsible for the remainder of
Account information: Your name and Credit Card
your balance.
account number.
We can apply any unpaid amount against your
Dollar amount: The dollar amount of the suspected
credit limit.
error.
Description of problem: If you think there is an error
After we finish our investigation, one of two things will
on your bill, describe what you believe is wrong and
happen:
why you believe it is a mistake.
You must contact us:
If we made a mistake: You will not have to pay the
Within 60 days after the error appeared on your
amount in question or any interest or other fees
statement.
related to that amount.
At least 3 business days before an automated
If we do not believe there was a mistake: You will
payment is scheduled, if you want to stop payment
have to pay the amount in question, along with
on the amount you think is wrong.
applicable interest and fees. We will send you a
You must notify us of any potential errors in writing [or
statement of the amount you owe and the date
electronically]. You may call us, but if you do we are not
payment is due. We may then report you as
required to investigate any potential errors and you may have
delinquent if you do not pay the amount we think
to pay the amount in question.
you owe.
What Will Happen After We Receive Your Letter
If you receive our explanation but still believe your bill is
When we receive your letter, we must do two things:
wrong, you must write to us within 10 days telling us that you
1. Within 30 days of receiving your letter, we must tell you
still refuse to pay. If you do so, we cannot report you as
that we received your letter. We will also tell you if we have
delinquent without also reporting that you are questioning
already corrected the error.
your bill. We must tell you the name of anyone to whom we
2. Within 90 days of receiving your letter, we must either
reported you as delinquent, and we must let those
correct the error or explain to you why we believe the bill is
organizations know when the matter has been settled
correct. While we investigate whether or not there has
between us.
been an error:
BW-CCAG (Rev. 10/2020)
If we do not follow all of the rules above, you do not have to
pay the first $50 of the amount you question even if your bill
is correct.
Your Rights If You Are Dissatisfied With Your Credit
Card Purchases
If you are dissatisfied with the goods or services that you
have purchased with your credit card and you have tried in
good faith to correct the problem with the merchant, you may
have the right not to pay the remaining amount due on the
purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state
or within 100 miles of your current mailing address, and the
purchase price must have been more than $50. (Note:
Neither of these are necessary if your purchase was based
on an advertisement we mailed to you, or if we own the
company that sold you the goods or services.)
2. You must have used your credit card for the purchase.
Purchases made with cash advances from an ATM or with a
check that accesses your Credit Card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still
dissatisfied with the purchase, contact us in writing at:
Bank of the West
BankCard Customer Service Department
PO Box 2319
Omaha, NE 68172-9793
While we investigate, the same rules apply to the disputed
amount as discussed above. After we finish
our
investigation, we will tell you our decision. At that point, if we
think you owe an amount and you do not pay, we may report
you as delinquent.
NOTICE FOR WISCONSIN RESIDENTS: Any holder of this
Credit Card Agreement is subject to all claims and defenses
which the debtor could assert against the seller of goods or
services obtained pursuant hereto or with the proceeds
hereof. Recovery hereunder by the debtor shall not exceed
amounts paid by the debtor hereunder.
BW-CCAG (Rev. 10/2020)
Interest Rates, Interest Charges, and Fees - Bank of the West Wealth
Management
World EliteTM Mastercard Credit Card
Interest Rates and Interest Charges
Annual Percentage Rate
0.00%
Introductory APR for the first six months.
(APR) for Purchases
After that, your APR will be
7.15%.
This APR will vary with the market based
on the Prime Rate.
APR for Balance Transfers
7.15%
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
24.99%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
None
Applies
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit
the Consumer Financial
card, visit the website of the Consumer Financial Protection Bureau
Protection Bureau
at
http://www.consumerfinance.gov/learnmore/.
Fees
Annual Fee
$2951
Transaction Fees
Balance Transfer
Either $10or 4% of the amount of each transfer, whichever is greater.
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction
None
Penalty Fees
Late Payment
Up to $38 (Varies by State. See next page for details)
Returned Payment
Up to $38 (Varies by State. See next page for details)
How We Will Calculate Your Balance: We will use a method called "average daily balance (including new
purchases)." See your Credit Card Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your
Credit Card Agreement.
1 The Wealth Management World Elite MasterCard Credit Card is subject to an Annual Membership Fee if you do not
maintain Eligible Qualified Balances of $250,000 or more. For details, refer to the Wealth Management World Elite
MasterCard Credit Card Agreement.
Late Payment fee for lowa residents is $27 for the first violation and $30 for each subsequent violation within next
six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within
the
next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to the
Minimum Payment Due.
Continued on next page
Returned Payment fee for lowa residents is $27 for the first violation and $30 for each subsequent violation withing
next six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within
the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be equal to the
Minimum Payment Due.
Interest Charges for Covered Members of the Armed Forces and Their Dependents: Federal law provides important
protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general,
the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual
percentage rate of 36%. This rate must include, as applicable to the credit transaction or account: the costs associated
with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application
fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee
charged (other than certain participation fees for a credit card account).
If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or
penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces
members and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users
call 1-800-659-5495).
Doing business in South Dakota as Bank of the West California.
BANK
WEST
WEALTH MANAGEMENT
BNP PARIBAS GROUP
CREDIT CARD AGREEMENT
(Wealth Management World Elite Mastercard® Credit
Card)
The terms of the Bank of the West Wealth Management
at any time. For security reasons, we may limit the number
World Elite Mastercard Credit Card are available to the
or amount of transactions that may be accomplished with
Bank's Wealth Management clients.
your Card or Credit Card account, and we have the right to
limit authorizations to make transactions if we consider it
By requesting or accepting any Wealth Management World
necessary to verify Payments received on your Credit Card
Elite Mastercard Credit Card account (individually or
account. If we accept a payment from you in excess of your
collectively called "Credit Card account" or "Account") with
outstanding balance, your available Credit Limit will not be
Bank of the West, you agree to be bound by all the terms of
increased by the amount of the overpayment nor will we be
this Agreement. In this Agreement, the words "you" or "your"
required to authorize transactions for an amount in excess
mean everyone who has requested or accepted a Credit
of your Credit Limit.
Card account with us. The words "we," "us," "our," or "Bank"
3. Temporary Reduction of Credit Limit. Some
mean Bank of the West. If you do not accept this
merchants (for example, car rental companies and hotels)
Agreement, you must notify us in writing within 5 days after
may request prior credit approval from us for an estimated
receipt. Use of your card or any feature (including a balance
amount of your Purchases, even if you ultimately do not pay
transfer) of your Credit Card Agreement shall constitute
by credit. If our approval is granted, your available Credit
acceptance of this Agreement.
Limit will temporarily be reduced by the amount authorized
by us. If you do not ultimately use your Credit Card account
1. Use. Your Wealth Management World Elite Mastercard
to pay for your Purchases or if the actual amount of
Credit Card (individually or collectively called "Card") may be
Purchases posted to your Credit Card account varies from
used as a credit card for purchases of goods or services
the estimated amount approved by us, it is the responsibility
from participating merchants ("Purchases") or to get Cash
of the merchant, not us, to cancel the prior credit approval
Advances from us or any other financial institution displaying
based on the estimated amount. The failure of the merchant
the "Mastercard" logo, or to purchase certain items such as
to cancel a prior credit approval may result in a temporary
traveler's cheques, foreign currency, money orders, wire
reduction of your available Credit Limit, but will not increase
transfers, lottery tickets, and (except as noted below) funds
the amount you owe us under this Agreement.
to be used for wagers or gambling (all of which are
4. Agreement to Pay. When you use your Card or Credit
collectively referred to as "Cash Advances") up to your
Card account, or when you permit anyone to use it, you
Credit Limit; provided, however, you may not use your Card
agree to pay the amount of any and all transactions
(i) to make Purchases or obtain Cash Advances for any
(including any which may have been made in violation of this
illegal transaction, or (ii) for any internet or online gambling
Agreement), and the INTEREST CHARGES and fees that
transactions. Transactions for online or internet gambling
may become due as shown on the periodic statement. You
will not be approved. If you use your Card for any illegal or
agree that we may change or cancel your Credit Card
prohibited transaction, this Agreement also applies to such
account at any time without affecting your obligation to pay
transaction and you agree to pay any and all amounts
the amounts that you owe under this Agreement.
related to such transaction pursuant to the terms of this
5. Periodic Statement. Each month we will send you a
Agreement. We may, in our sole discretion, restrict the use
periodic statement for each Credit Card account you have
of or terminate your Card if we notice excessive use of your
with us covering the previous billing period. We may not
Card or other suspicious activities or if we reasonably
send you a statement if your balance is less than $1 and
believe the Card is or has been used for one or more illegal
there were no transactions during the billing period. The
or prohibited transactions. You can also obtain a Cash
statement will have a "Statement Period Date", "Statement
Advance by writing a special Mastercard check
Closing Date" and a "Payment Due Date," and will show,
("Convenience Check"). The Cash Advance will be posted
among other things, your "Previous Balance," your "New
to your Credit Card account when the Convenience Check
Balance," and your minimum monthly payment, which will be
reaches us. If you stop payment on a Convenience Check,
shown as "Minimum Payment Due."
your Credit Card account will be charged $16.00 (or as
6. Payment. You must make a payment by the "Payment
permitted by law) for each stop payment. We may designate
Due Date." You have two choices: You may pay the entire
that only a portion of your Credit Limit is available for Cash
"New Balance" or you may pay in installments by paying at
Advances. In addition, you may request that we pay other
least the "Minimum Payment Due." When your payment is
creditors on your behalf and transfer approved amounts to
properly received, we will allocate your payment in a manner
your Account ("Balance Transfers").
we determine except as otherwise required by law. The
Your Card may also be used in certain automated
Minimum Payment is applied first to fees, then to
terminals to gain access to your Credit Card accounts. We
INTEREST CHARGES and finally to principal. We apply the
have no responsibility for the failure of any machine,
Minimum Payment to balances with lower APRs, including
merchant, financial institution, or any other party to honor
introductory APRs, before balances with higher APRs.
your Card. Your Card and Credit Card account may be used
Payments made in excess of the Minimum Payment will be
only for valid and lawful purposes. If you use or allow
applied first to balances with the highest ANNUAL
someone else to use the Card or Credit Card account for
PERCENTAGE RATE (APR) and then to each successive
any other purpose, you will be responsible for such use and
balance bearing the next highest ANNUAL PERCENTAGE
may be required to reimburse us for all amounts or
RATE.
expenses we pay as a result of such use.
Payments must be mailed to the BankCard Center
2. Credit Limit. We will notify you of the Credit Limit for
address specified in your periodic statement and reach the
each Credit Card account you have with us. You agree that
BankCard Center during our regular business day by 5:00
your total charges, including Purchases, Cash Advances,
p.m. Pacific Time for the payment to be credited the same
Balance Transfers, INTEREST CHARGES, and fees that
business day. Payments made in person at one of our
may be due will not exceed your Credit Limit. If you do go
branches, or made by telephone, or made through our
over your Credit Limit, you must repay the excess amount
website or another website controlled by a third party on our
immediately, and we may reduce the available Credit Limit
behalf must be received by 5:00 p.m. Pacific Time to be
of any other Credit Card account you have with us until such
credited the same business day. Payments received after
time the excess amount is repaid. You may apply
to
the cutoff time of 5:00 p.m. Pacific Time are credited as of
increase your Credit Limit at any time but we are not
the following business day. If you fail to properly make
obligated to increase your Credit Limit at any time.
payments, crediting of such payments may be delayed and
Furthermore, we reserve the right to lower your Credit Limit
you may incur late charges and additional interest as a
BW-WECCAG (Rev. 10/2020)
result of the delay. Even when your payment is credited to
C. Fixed Rate. Introductory ANNUAL PERCENTAGE
your Account, we may delay the availability of part or all of
RATES for Purchases, Balance Transfers or Cash
your payment amount as credit for up to 15 days.
Advances may vary, if applicable. Please refer to your
If a payment is returned to us for any reason, we may
Account Opening Disclosures for specific introductory period
apply a Returned Payment Fee of $27 for the first violation
and ANNUAL PERCENTAGE RATES associated with your
and $38 for each subsequent violation within the next six
Account. After the Introductory Period ends, your regular
billing cycles. The Returned Payment Fee for lowa residents
ANNUAL PERCENTAGE RATES for Purchases, Balances
is $27 for the first violation and $30 for each subsequent
Transfers or Cash Advances will apply.
violation within the next six billing cycles. If the Returned
d. Variable Rate. The current ANNUAL PERCENTAGE
Payment Fee is greater than the Minimum Payment Due,
RATE for all variable rates is shown on the Account
the fee will be equal to the Minimum Payment Due.
Opening Disclosure which has been provided to you with
From time to time, we may let you skip or reduce one or
this Agreement. The Daily Periodic Rate and the
more monthly payments during a year and/or we may
corresponding ANNUAL PERCENTAGE RATE may change
temporarily reduce or eliminate certain INTEREST
each month on the first day of each of your billing cycles.
CHARGES on all or a portion of your Credit Card account
Each date on which the rate of interest could change is
balance or offer you other special terms. If we do, we will
called a "Change Date." Changes will be based on changes
advise you of the scope and duration of the applicable skip
in the "Index." The Index is the Prime Rate published in the
or promotional feature. When the skip or promotional
"Money Rates" table of The Wall Street Journal on the
feature ends, your regular rates and all the terms of the
business day immediately preceding the day your billing
Agreement will resume.
cycle ends. If the Index is no longer available, we will
Minimum Payment - Late Payment Fee. At least the
choose a new index which is based upon comparable
amount of the "Minimum Payment Due" must be received by
information and will give you notice of our choice. The
us by the "Payment Due Date." If it is not, we may apply a
ANNUAL PERCENTAGE RATE may increase or decrease
Late Payment fee of $27 for the first violation and $38 for
each month if the Index changes. Any new rate will be
each subsequent violation within the next six billing cycles.
applied as of the first day of your billing cycle during which
The Late Payment fee for lowa residents is $27 for the first
the Index has changed. If the ANNUAL PERCENTAGE
violation and $30 for the subsequent violation within the next
RATE increases, you will pay a higher INTEREST
six billing cycles. If the Late Payment fee is greater than the
CHARGE, which may result in a higher minimum payment.
Minimum Payment Due, the fee will be equal to the
Your interest rate for Purchases (after the Introductory
Minimum Payment Due. If such charge would result in an
Period) and Balance Transfers on your Wealth Management
INTEREST CHARGE greater than the maximum allowed by
World Elite Mastercard Account is based on a variable rate
law, we will only charge the maximum allowable rate. Your
equal to the sum of the Index plus a "Rate Spread" of 3.90
Minimum Payment Due will be 3% of the New Balance plus
percentage points. The interest rate for Cash Advances on
any Late Payment fee (with a minimum of the lesser of $27
your Account is based on a variable rate equal to the sum of
or your New Balance) and any amount over your credit limit
the Index plus a "Rate Spread" of 21.74 percentage points.
and past due amount.
Immediately before each Change Date we will determine the
new interest rate by adding the Rate Spread to the Index.
8. How to Avoid Paying Interest on Purchases. There
The new interest rate will become effective at the start of
may be different treatment of INTEREST CHARGES for
your first billing cycle after the Change Date. Only one
Purchases, Balance Transfers, and Cash Advances, even
ANNUAL PERCENTAGE RATE and Daily Periodic Rate will
though they are computed the same way. You may avoid
be in effect for each Balance Category during the billing
paying an INTEREST CHARGE on Purchases if we receive
period. The ANNUAL PERCENTAGE RATE will not exceed
the entire New Balance by the Payment Due Date. If we do
the maximum rate permitted by law. The effect of any
not receive the entire New Balance by the Payment Due
increase in the Annual Percentage Rate ANNUAL
Date, the INTEREST CHARGE will be charged on the
PERCENTAGE RATE and the Daily Periodic Rate would be
Purchases from the date of the transaction. INTEREST
to increase the amount of INTEREST CHARGE or interest
CHARGES on all other balances, including Cash Advances
you must pay and thus increase your monthly payments.
and Balance Transfers, begin on the transaction date and
10. Transaction Fees. You also agree to pay us the
will be assessed even if your entire New Balance is paid by
appropriate fees listed below (as permitted by applicable
the Payment Due Date.
law) which may be amended from time to time by us. You
9. Computing Your INTEREST CHARGE We figure the
authorize us to charge your Credit Card account for the
INTEREST CHARGE on each Credit Card account by
following fees due to us. Balance Transfer fee: 4.00% of
applying the periodic rate to the "Average Daily Balance" of
each balance transferred, $10 minimum. Cash Advance fee:
each Balance Category on the Credit Card account,
4.00% of each Cash Advance, $10 minimum.
including current transactions. Balance Categories include
11. Foreign Transactions. Transactions that you make
Purchases, Balance Transfers, Cash Advances,
in a foreign currency or that you make outside of the United
Introductory Rates and any special rate offers we may make
States of America even if it is made in U.S. dollars are
available from time to time. If you are charged interest, the
considered foreign transactions. If you make a transaction
charge will be no less than $1.00 (the minimum interest
in a foreign currency it will be billed to you in U.S. Dollars.
charge will appear as "Minimum Charge" in the fees section
The conversion rate to U.S. Dollars will be determined by
of your statement).
Mastercard International in accordance with their operating
a. Average Daily Balance. To obtain the daily balance
regulations or conversion procedures in effect at the time
for each Balance Category we take the beginning balance
the transaction is processed. Currently, their regulations and
each day and add new transactions applicable to each
procedures provide that the currency conversion rate they
category, and subtract any payments, credits, and refunds
use is either (1) a government-mandated rate or (2) a
applied to the category. To figure your Average Daily
wholesale market rate, whichever is applicable, in effect one
Balance for each Balance Category, we add all your daily
day prior to the processing date. We do not determine the
balances and divide by the number of days in the billing
currency conversion rate which is used. You agree to pay
period.
the converted amount in U.S. funds.
b. Figuring the INTEREST CHARGE. We compute the
INTEREST CHARGE for each Balance Category by
12. Annual Membership Fee. The Wealth Management
multiplying these Average Daily Balances by the applicable
World Elite Mastercard Credit Card is subject to an Annual
Daily Periodic Rate, and then we multiply the result by the
Membership Fee of $295. The Annual Membership Fee will
number of days in the billing period. To determine the Daily
be assessed in the first billing cycle after Account opening
Periodic Rate for each Balance Category, we divide the
and annually thereafter. A credit in the amount of the Annual
applicable ANNUAL PERCENTAGE RATE in effect for the
Membership Fee (the "AMF Credit") for the first year will
billing period by 365 (366 for leap year). The way we get the
appear on your first billing statement. No later than the first
ANNUAL PERCENTAGE RATE for each Balance Category
business day of the last month of the quarter preceding the
is described below under "Fixed Rate" and "Variable Rate."
annual anniversary of the Account's opening date (Annual
Fee Determination Date), the Bank will determine whether
BW-WECCAG (Rev. 10/2020)
or not to apply the AMF Credit by evaluating your month-end
initially, we reserve the right to terminate your Credit Card
Eligible Qualified Balances for the prior 3 consecutive
account and accelerate all amounts due under this
months selected by the Bank. The AMF Credit will be
Agreement regardless of whether any additional events
applied if you maintain month-end Eligible Qualified
have occurred which would permit termination and
Balances of $250,000 or more, as calculated by the Bank, in
acceleration.
any one of the prior 3 consecutive months used to evaluate
16. Automated Terminal Services
eligibility. If you do not qualify for the AMF Credit, within 90
a. Automated Terminals. You may use your Card in
days of the fee being charged, you can increase your
the following automated terminals:
Eligible Qualified Balances or close your Account and
(1) Any Bank of the West automated teller machines.
request to have the AMF Credit applied retroactively.
(2) Any other automated teller machine that is
The term "Eligible Qualified Balances" used in this
participating in a network and accepts our Card ("Network
Agreement means and shall include (i) deposits and
ATM") and
investments maintained with the Bank, including those
(3) Any point-of-sale terminal that accepts our Card
maintained with the Bank's Investment Management or
("POS terminal").
Trust Services departments, and (ii) investment balances
b. Services Available at an Automated Terminal
with the Bank's affiliate, BancWest Investment Services,
(1) You may use your Card at a Bank of the West or
Inc. Eligible Qualified Balances may be owned by you
any Network ATM to:
directly, or held in any trust controlled by you as settlor and
(a) Get a Cash Advance from your Credit Card
trustee. Deposits or investments held by business entities
account.
that are wholly-owned and controlled by you may also be
(b) Get your Credit Card account balances. These
included. Eligible Qualified Balances do not include any
balances may not include some transactions recently made
account prohibited by law or which the inclusion of may
in your Credit Card account. Some of the services described
result in a breach of any fiduciary duty, law or regulation,
in subparagraphs (a) and (b) may not be available at all
including the Employee Retirement Income Security Act of
Network ATMs.
1974 ("ERISA").
(c) You may use your Card at a POS terminal to
13. Other Fees. As allowed by law, we may charge, and
purchase certain merchandise. The amount of your
you agree to pay, fees for certain services or requests made
purchase will automatically be charged to your Credit Card
by you, such as but not limited to: Automated Teller Machine
account as a Purchase.
("ATM") transactions conducted at machines not operated
C. Limits of Automated Terminal Services - Cash
by us, requests for copies of billing statements, sales drafts,
Advances. You may get a Cash Advance from a Bank of
or other records of your Account, or if you request a
the West Automated Terminal up to an aggregate amount of
replacement card(s). However, we will not charge fees for
$1,000 each calendar day, provided that this amount does
copies of documents requested for a billing dispute. These
not exceed your Credit Limit. This amount may be less for
fees may change from time to time. We will inform you of
Cash Advances from Network ATMs.
the fee(s) that you will incur prior to when the applicable
d. Card and Secret Code (PIN) Use. You are
service(s) is(are) provided or when you make the request(s),
responsible for all transactions in which you use your Card
as applicable. You authorize us to charge your Credit Card
in an automated terminal, or the use of the Card by anyone
account for any such fees that you incur. We reserve the
else who uses it with your permission. Security in use of the
right to waive a fee from time to time but a waiver does not
Card is provided by the secret code, which we will provide
mean we will continue to waive such fee in the future.
you, and the magnetically encoded stripe on the Card. You
14. Interest Charges for Covered Members of the
are responsible for keeping the Card safe and also for
Armed Forces and Their Dependents: Federal law
protecting the secret code. Use the Card and the secret
provides important protections to members of the Armed
code only as instructed at all times. Please notify us of any
Forces and their dependents relating to extensions of
mechanical or operating failure in connection with the use of
consumer credit. In general, the cost of consumer credit to a
your Card. Do not permit anyone else to use your Card and
member of the Armed Forces and his or her dependent may
do not disclose your secret code or record it on the Card.
not exceed an annual percentage rate of 36%. This rate
The Card remains the property of the Bank and can be
must include, as applicable to the credit transaction or
revoked and repossessed at any time. You must return it to
account: the costs associated with credit insurance
us when asked.
premiums; fees for ancillary products sold in connection with
e. Fees for Using Automated Terminal Services.
the credit transaction; any application fee charged (other
Fees may be charged for transactions made at automated
than certain application fees for specified credit transactions
teller machines not operated by us as described in
or accounts); and any participation fee charged (other than
paragraph 13-Other Fees.
certain participation fees for a credit card account).
17. Lost or Stolen Card; Your Liability for
If you are a covered member of the armed forces or a
Unauthorized Use. Tell us AT ONCE if you believe your
dependent, you will not be charged annual fees, transaction
Card has been lost or stolen. Telephoning is the best way of
fees, or penalty fees so that your cost may not exceed the
keeping your possible losses down.
Military Lending Act annual percentage rate cap. Armed
You may be liable for the unauthorized use of your Card
Forces members and their dependents can hear about the
as a credit card. You will not be liable for unauthorized use
protections provided to them by calling 1-866-761-2689
of your Card as a credit card which occurs after you notify
(TTY users call 1-800-659-5495).
us at the telephone number or address stated in paragraph
15. Default. We may declare the entire balance for all
18 orally or in writing, of loss, theft, or possible unauthorized
Credit Card accounts due and payable at once with or
use. In any case, your liability for unauthorized use of your
without notice or demand if any of these events (a "Default")
Card as a credit card will not exceed $50.00.
happens:
18. Where to Call or Write. If you believe your Card has
a. If you miss a payment under this Agreement or any
been lost or stolen or that someone is using your Card or
other obligation you owe us; or
Credit Card account without your permission, call: 1-866-
b. If you violate any terms of this Agreement.
218-4959 (for TTY all 1-800-659-5495) or write to: Bank of
If you are in Default, we may terminate your Credit Card
the West, BankCard Security Department, PO Box 2078,
account, make no more additional loans, and require you to
Omaha, NE 68103-2078.
immediately repay the entire unpaid balance of all amounts
19. Our Business Days. Our business days are Monday
due on your Credit Card account, including but not limited to
through Friday, except for bank holidays.
all loan amounts, late charges and other charges assessed
20. Credit Investigation and Disclosure. You authorize
but not paid, and all of the INTEREST CHARGES accrued
us, both now and in the future, to check your credit and
but not paid. If we terminate your Credit Card account, your
employment history and to release information about our
obligation to repay the amounts you already owe us would
credit experience with you in response to legitimate credit
continue.
inquiries. If you believe that we have incorrect information or
At our option, we may also take action short of terminating
have reported inaccurate information about you to a credit
your Credit Card account. If we take such lesser action
BW-WECCAG (Rev. 10/2020)
bureau, please call us at 1-866-218-4959 (for TTY call 1-
unenforceable by any rule or law, administrative order or
800-659-5495).
judicial decision.
21. Security Interest. We have no security for any
31. Authorized User. If you elect to have an authorized
amounts which become due under this Agreement, even
user, you will be liable for all transactions made by that user
though any other agreement you may have with us, such as
on your Account. Any authorized user is not a contractually
a mortgage, may provide for such a security interest, unless
liable party.
you have given us a specific security interest in connection
32. Our Communications with You. You agree that we,
with this Agreement, which is described on the Supplement
any of our affiliates, agents, independent contractors or
attached to this Agreement.
service providers may monitor and record telephone calls
22. Collection. You promise to pay all collection costs,
regarding your banking services to assure the quality of our
including, without limitation, mailgram charges, reasonable
service or for other reasons. You expressly consent that we,
lawyers' fees and court costs, as permitted by law.
any of our affiliates, agents, independent contractors or
23. If There are More Than One of You. Each of you
service providers may use written, electronic, or verbal
individually, or all of you together, will be liable under this
means, or any other medium, as permitted by law and
Agreement. We may collect from or sue any one of you, or
including, but not limited to, mail and facsimile, to contact
make any settlements or extensions with any one of you,
you. Your consent includes, but is not limited to, contact by
without giving up our rights against the other. You
manual calling methods, prerecorded or artificial voice
understand that any one of you can make Purchases, get
messages, text messages, e-mails and/or automatic
Cash Advances, or perform Balance Transfers under this
telephone dialing systems. You agree that we, any of our
Agreement which will be binding upon all of you.
affiliates, agents, independent contractors or service
24. Compliance with Law/Sanctions. You agree to
providers may contact you by using any e-mail or any
comply with all applicable laws and regulations, including
telephone number you provide, including a telephone
those relating to anti-bribery, anti-money laundering, the
number for a cellular phone or other wireless device,
fight against terrorism, and sanctions ("Sanctions"), that
regardless of whether you incur any charges as a result.
apply to the Bank or BNP Paribas S.A. You represent that
33. RESOLUTION OF DISPUTES BY ARBITRATION.
you are not the target of Sanctions. You agree to hold the
PLEASE READ THIS ARBITRATION PROVISION
Bank harmless from liability for any actions taken by the
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU
Bank to comply with applicable laws and regulations,
WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT
including Sanctions.
BEFORE A JUDGE OR JURY AND TO BRING OR
25. No Waiver of Rights. If we choose to waive any of
PARTICIPATE
IN
ANY
CLASS
OR
OTHER
the terms or conditions of this Agreement on a case-by-case
REPRESENTATIVE ACTION.
basis, such as by not declaring the entire balance due when
a. Agreement to Arbitrate Disputes. Except as
the minimum monthly payment has not been made on time,
otherwise provided, if you are unable to resolve a dispute
it does not mean that we have waived, or given up, our right
with us informally, you and we agree that the dispute will be
to exercise any of our rights or remedies under this
resolved through the binding arbitration process set forth in
Agreement in the future. We are not required to use any
this arbitration provision upon demand by either you or us.
particular kind of demand or notice in order to collect
b. Disputes Covered By Arbitration. Except as
amounts due to us under this Agreement. No indulgence or
otherwise provided, any dispute relating to or arising out of
acceptance by us of delinquent or partial payments
your Account or this Agreement, including any aspect of any
constitute a waiver of our rights or of any provision of this
agreement governed by this Agreement, or prior or later
Agreement. No waiver of any existing default shall be
versions of this Agreement, and any changes to the terms of
deemed to waive any subsequent default.
this Agreement will be subject to arbitration. Except as
26. Changing Terms. We can change, add to, delete or
expressly provided, all disputes are subject to arbitration no
otherwise modify the terms of this Agreement at any time in
matter the legal theory or remedy (damages, or injunctive or
any way permitted by law. We will send you a notice of
declaratory relief) sought. Disputes include (1) any
change at least 45 days (or as required by applicable law)
unresolved claims concerning any services relating to your
before the effective date of the change. We do not have to
Account, including, without limitation, Purchases, Balance
send you an advance notice of the change if it favors you,
Transfers, Cash Advances, INTEREST CHARGES, your
such as by reducing rates, or increasing the maximum credit
use of any of our banking locations or facilities, or any
limit. Except in cases where we are changing terms due to
means you use to access your Account; (2) any claims that
the Minimum Payment Due not being received within 60
arose before you and we entered into this Agreement (such
days of the Payment Due Date, you agree that the change
as disputes related to advertising) and after the termination
may cover all transactions made 15 days after we mail the
of this Agreement; (3) not only claims made directly by you,
notice. If you do not agree to the change, a method for
but also made by anyone connected with you or claiming
rejecting the change and closing the Account will be
through you, such as an authorized user, a beneficiary,
provided in the Change of Terms Notice. You agree that if
employee, representative, agent, predecessor or successor,
you use your card after the effective date of the change, this
heir, assignee, or trustee in bankruptcy; (4) not only claims
will constitute your agreement with the change.
that relate directly to us, but also our parent, affiliates,
27. Canceling this Agreement. We have the right to
successors, assignees, employees, and agents and claims
cancel this Agreement at any time by sending a notice to
for which we may be directly or indirectly liable, even if we
any one of you in writing. You also have the same right to
are not properly named at the time the claim is made; (5)
cancel this Agreement at any time by sending us a notice in
claims based on any theory of law, contract, statute,
writing or calling the BankCard Center at 1-866-218-4959
regulation, tort (including fraud or any intentional tort), or any
(for TTY call 1-800-659-5495). If this Agreement is canceled
other legal or equitable ground, and include claims made as
by you or us, your obligation is to repay amounts you already
counterclaims, cross-claims, third party claims,
owe under this Agreement. In either case, the Account will
interpleaders or otherwise; (6) claims made as part of a
be closed and you will no longer have access to the
class action or other representative action, being expressly
Account.
understood and agreed that arbitration of such claims must
28. Governing Law. This Agreement will be governed by
proceed on an individual (non-class, non-representative)
the laws of the State of Nebraska, and, as applicable,
basis; and (7) claims relating to the enforceability or
federal law, regardless of where the transactions are made.
interpretation of this arbitration provision. A party who
29. Monitoring/Recording Telephone Calls. Our
initiates a proceeding in court may elect arbitration with
supervisory personnel may listen to and record your
respect to any dispute advanced in that proceeding by any
telephone calls to us for the purpose of monitoring and
other party. This arbitration provision shall survive any
improving the quality of service you receive.
termination of this Agreement or your Account.
30. Severability. All other provisions of this Agreement
C. Disputes Not Covered By Arbitration. Disputes
shall remain in full force even if one or more provisions of
filed by you or by us individually in a small claims court are
this Agreement are held invalid, illegal, void or
not subject to arbitration if the disputes remain in such court
and advance only as an individual claim for relief.
BW-WECCAG (Rev. 10/2020)
d. Opt Out. You have the right to opt out of arbitration
otherwise brought together in the same arbitration (unless
by sending a signed written notice stating your decision to
those persons are joint account holders or beneficiaries on
opt out of arbitration to BANK OF THE WEST at Loan
your Account or related accounts, or parties to a single
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days
transaction or related transaction).
after the date you opened your Account ("Account Open
h. Public Injunctive Relief Waiver. If either you or we
Date").
elect to arbitrate a dispute, neither you nor we will have the
e. Commencing an Arbitration. The party initiating
right to seek a public injunction in arbitration or in court, if
arbitration must choose one of the following arbitration
such a waiver is permitted by the FAA. If any waiver of
forums to administer arbitration under the forum's rules
public injunctive relief in this arbitration provision (as set
(except as modified by this Agreement): (i) the American
forth in any part of this arbitration provision) is found to be
Arbitration Association ("AAA") under AAA's Consumer
invalid or unenforceable, and that decision is not reversed
Arbitration Rules available at www.adr.org or 1-800-778-
on appeal, any claim for a public injunction will be decided
7879; (ii) JAMS under JAMS' Comprehensive Arbitration
in court after all other disputes to be decided in arbitration
Rules & Procedures or Streamlined Arbitration Rules &
under this arbitration provision are arbitrated and the
Procedures, including JAMS' Consumer Minimum
arbitration award regarding individual relief has been
Standards (but not JAMS' Class Action Procedures),
entered in court. In no event will a claim for public
available at www.jamsadr.com or 1-800-352-5267.
injunctive relief be arbitrated. As set forth in "Severability"
f. Arbitration Procedure. Arbitration shall be decided
below, the invalidity or unenforceability of this paragraph
by a single neutral arbitrator selected in accordance with
will not affect the validity or enforceability of the remainder
AAA's or JAMS' rules, as applicable. The arbitrator will
of this arbitration provision.
decide the dispute in accordance with the terms of our
i. Arbitration Costs. We will pay the filing,
agreements and applicable substantive law, including the
administrative and/or arbitrator's fees or compensation
Federal Arbitration Act and applicable statutes of limitation.
("Arbitration Fees") that we are required to pay pursuant to
The arbitrator shall honor claims of privilege recognized at
the arbitration forums' rules or the law. In addition, with
law. Except as otherwise provided, the arbitrator may award
respect to Arbitration Fees that you are required to pay
damages or other relief (including injunctive relief) available
under the arbitration forum's rules in connection with an
to the individual claimant under applicable law. The
individual arbitration you have commenced against us, if you
arbitrator will not have the authority to award relief to, or
would like us to consider paying them because you are
against, any person or entity who is not a party to the
unable to do so, you must first request a waiver or reduction
arbitration. An award in arbitration shall determine the rights
of the Arbitration Fees from the arbitration forum. If the
and obligations between the named parties only, and only
request is denied or you remain unable to pay the reduced
with respect to the dispute in arbitration and shall not have
Arbitration Fees, we will consider paying them if we receive
any bearing on the rights and obligations of any other
a written request by you sent to Bank of the West Legal
persons, or on the resolution of any other dispute. The
Department, 180 Montgomery Street, San Francisco,
arbitrator will take reasonable steps to protect your Account
California 94104.
information and other proprietary or confidential information.
j. Applicable Law. You and we are participating in
Any arbitration hearing shall take place in the same city as
transactions that involve interstate commerce and this
the U.S. District Court closest to your home address, unless
arbitration provision and any resulting arbitration are
the parties agree in writing to a different location or the
governed by the Federal Arbitration Act. To the extent state
arbitrator so orders. If you seek a total recovery of $10,000
law applies, the laws of the state governing your Account
or less, you may choose whether the arbitration will be
relationship apply. No state statute pertaining to arbitration
conducted solely on the basis of documents submitted to
shall apply.
the arbitrator, through a telephonic hearing, or by an in-
k. Severability. Except as provided in "Public Injunctive
person hearing in accordance with AAA's or JAMS' rules. At
Relief Waiver," if any part of this arbitration provision
your or our request, the arbitrator will issue a reasoned
regarding joinder, consolidation, class actions, class
written decision sufficient to explain the essential findings
arbitrations, general public or private attorney general
and conclusions on which the award is based. The
actions is found to be illegal or unenforceable, that invalid
arbitrator's award shall be final and binding, subject to
part shall not be severable and this entire agreement to
judicial review only to the extent allowed under the Federal
arbitrate disputes shall be unenforceable. If any other part of
Arbitration Act. You or we may seek to have the award
this arbitration provision, including "Public Injunctive Relief
vacated or confirmed and entered as a judgment in any
Waiver," is deemed to be invalid or unenforceable, that
court with jurisdiction.
invalid part will be severed from the remainder of this
g. No Class Action or Joinder of Parties. You and we
arbitration provision and the remainder of this arbitration
agree that no class action, private attorney general or other
provision will be enforced.
representative claims may be pursued in arbitration and no
such action may be pursued in court if either you or we elect
arbitration. Unless mutually agreed to by you and us, claims
of two or more persons may not be joined, consolidated, or
YOUR BILLING RIGHTS
Keep This Notice for Future Use
This notice contains important information about your rights and our responsibilities
under the Fair Credit Billing Act
What To Do If You Find a Mistake on Your Statement
Description of problem: If you think there is an error
If you think there is an error on your statement, write to us
on your bill, describe what you believe is wrong and
at:
why you believe it is a mistake.
Bank of the West
You must contact us:
BankCard Customer Service Department
Within 60 days after the error appeared on your
PO Box 2319
statement.
Omaha, NE 68172-9793
At least 3 business days before an automated
In your letter, give us the following information:
payment is scheduled, if you want to stop payment
Account information: Your name and Credit Card
on the amount you think is wrong.
account number.
You must notify us of any potential errors in writing. You
Dollar amount: The dollar amount of the suspected
may call us, but if you do we are not required to investigate
error.
any potential errors and you may have to pay the amount in
question.
BW-WECCAG (Rev. 10/2020)
we think you owe an amount and you do not pay, we may
What Will Happen After We Receive Your Letter
report you as delinquent.
When we receive your letter, we must do two things:
1. Within 30 days of receiving your letter, we must tell you
NOTICE FOR WISCONSIN RESIDENTS: Any holder of this
that we received your letter. We will also tell you if we
Credit Card Agreement is subject to all claims and defenses
have already corrected the error.
which the debtor could assert against the seller of goods or
2. Within 90 days of receiving your letter, we must either
services obtained pursuant hereto or with the proceeds
correct the error or explain to you why we believe the bill
hereof. Recovery hereunder by the debtor shall not exceed
is correct. While we investigate whether or not there
amounts paid by the debtor hereunder.
has been an error:
We cannot try to collect the amount in question, or
report you as delinquent on that amount.
The charge in question may remain on your
statement, and we may continue to charge you
interest on that amount.
While you do not have to pay the amount in
question, you are responsible for the remainder of
your balance.
We can apply any unpaid amount against your
credit limit.
After we finish our investigation, one of two things will
happen:
If we made a mistake: You will not have to pay the
amount in question or any interest or other fees
related to that amount.
If we do not believe there was a mistake: You will
have to pay the amount in question, along with
applicable interest and fees. We will send you a
statement of the amount you owe and the date
payment is due. We may then report you as
delinquent if you do not pay the amount we think
you owe.
If you receive our explanation but still believe your bill is
wrong, you must write to us within 10 days telling us that you
still refuse to pay. If you do so, we cannot report you as
delinquent without also reporting that you are questioning
your bill. We must tell you the name of anyone to whom we
reported you as delinquent, and we must let those
organizations know when the matter has been settled
between us.
If we do not follow all of the rules above, you do not have to
pay the first $50 of the amount you question even if your bill
is correct.
Your Rights If You Are Dissatisfied With Your Credit
Card Purchases
If you are dissatisfied with the goods or services that you
have purchased with your credit card and you have tried in
good faith to correct the problem with the merchant, you
may have the right not to pay the remaining amount due on
the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state
or within 100 miles of your current mailing address, and
the purchase price must have been more than $50.
(Note: Neither of these are necessary if your purchase
was based on an advertisement we mailed to you, or if
we own the company that sold you the goods or
services.)
2. You must have used your credit card for the purchase.
Purchases made with cash advances from an ATM or
with a check that accesses your Credit Card account do
not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still
dissatisfied with the purchase, contact us in writing at:
Bank of the West
BankCard Customer Service Department
PO Box 2319
Omaha, NE 68172-9793
While we investigate, the same rules apply to the disputed
amount as discussed above. After we finish our
investigation, we will tell you our decision. At that point, if
BW-WECCAG (Rev. 10/2020)
Interest Rates, Interest Charges, and Fees - Secured Credit Card
Interest Rates and Interest Charges
Annual Percentage Rate
21.99%
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers
21.99%
This APR will vary with the market based on the Prime Rate.
APR for Cash Advances
24.99%
This APR will vary with the market based on the Prime Rate.
Penalty APR and When it
None
Applies
Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your entire balance by the due date
each month. We will begin charging interest on cash advances and balance transfers
on the transaction date.
Minimum Interest Charge
If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from
To learn more about factors to consider when applying for or using a credit card,
the Consumer Financial
visit the website of the Consumer Financial Protection Bureau at
Protection Bureau
http://www.consumerfinance.gov/learnmore/
Fees
Annual Fee
$25
Transaction Fees
Balance Transfer
Either $10 or 4% of the amount of each transfer, whichever is greater.
Cash Advance
Either $10 or 4% of the amount of each cash advance, whichever is greater.
Foreign Transaction
3% of the U.S. Dollar amount of each such transaction.
Penalty Fees
Late Payment
Up to $38 (Varies by State. See next page for details.).
Returned Payment
Up to $38 (Varies by State. See next page for details.).
How We Will Calculate Your Balance: We will use a method called "average daily balance (including new purchases)."
See your Secured Credit Card Agreement for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise your rights is provided in your
Secured Credit Card Agreement.
Late Payment fee for lowa residents is $27 for the first violation and $30 for each subsequent violation within next
six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation within
the
next six billing cycles. If the Late Payment fee is greater than the Minimum Payment Due, the fee will be equal to
the
Minimum Payment Due.
Returned Payment fee for lowa residents is $27 for the first violation and $30 for each subsequent violation within
next
six billing cycles. For other states the fee is $27 for the first violation and $38 for each subsequent violation
within the next six billing cycles. If Returned Payment fee is greater than the Minimum Payment Due, the fee will be
equal to the Minimum Payment Due.
SECURITY INTEREST: Information on the security interest you provided on the deposit account that secures your Credit
Card account is provided in your Secured Credit Card Agreement.
Continued on next page
Interest Charges for Covered Members of the Armed Forces and Their Dependents: Federal law provides important
protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general,
the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual
percentage rate of 36%. This rate must include, as applicable to the credit transaction or account: the costs associated
with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application
fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee
charged (other than certain participation fees for a credit card account).
If you are a covered member of the armed forces or a dependent, you will not be charged annual fees, transaction fees, or
penalty fees so that your cost may not exceed the Military Lending Act annual percentage rate cap. Armed Forces
members and their dependents can hear about the protections provided to them by calling 1-866-761-2689 (TTY users call
1-800-659-5495).
Doing business in South Dakota as Bank of the West California.
BANK
WEST
BNP PARIBAS
SECURED CREDIT CARD
AGREEMENT
(Personal Accounts)
By requesting or accepting a Secured Mastercard Credit
outstanding balance, your available Credit Limit will not be
Card account ("Credit Card account" or "Account") with Bank
increased by the amount of the overpayment nor will we be
of the West, you agree to be bound by all the terms of this
required to authorize transactions for an amount in excess
Agreement. In this Agreement, the words "you" or "your"
of your Credit Limit.
mean everyone who has requested or accepted a Credit
3. Temporary Reduction of Credit Limit. Merchants,
Card account with us. The words "we," "us," "our," or "Bank"
such as car rental companies and hotels, may request prior
mean Bank of the West. If you do not accept this
credit approval from us for an estimated amount of your
Agreement, you must notify us in writing within 5 days after
Purchases, even if you ultimately do not pay by credit. If our
receipt. Use of your card or any feature (including a balance
approval is granted, your available Credit Limit will
transfer) of your Credit Card Agreement shall constitute
temporarily be reduced by the amount authorized by us.
If
acceptance of this Agreement.
you do not ultimately use your Credit Card account to pay
for your Purchases or if the actual amount of Purchases
1. Use. Your Credit Card account card ("Card") may be
posted to your Credit Card account varies from the
used as a credit card for purchases of goods or services
estimated amount approved by us, it is the responsibility of
from participating merchants ("Purchases") or to get Cash
the merchant, not us, to cancel the prior credit approval
Advances from us or any other financial institution displaying
based on the estimated amount. The failure of the merchant
the "Mastercard" logo, or to purchase certain items such as
to cancel a prior credit approval may result in a temporary
traveler's cheques, foreign currency, money orders, wire
reduction of your available Credit Limit, but will not increase
transfers, lottery tickets, and (except as noted below) funds
the amount you owe us under this Agreement.
to be used for wagers or gambling (all of which are
4. Agreement to Pay. When you use your Card or Credit
collectively referred to as "Cash Advances") up to your
Card account, or when you permit anyone to use it, you
Credit Limit; provided, however, you may not use your Card
agree to pay the amount of any and all transactions
(i) to make Purchases or obtain Cash Advances for any
(including any which may have been made in violation of this
illegal transaction, or (ii) for any internet or online gambling
Agreement), and the INTEREST CHARGES, and fees that
transactions. Transactions for online or internet gambling
may become due as shown on the periodic statement. You
will not be approved. If you use your Card for any illegal or
agree that we may change or cancel your Credit Card
prohibited transaction, this Agreement also applies to such
account at any time without affecting your obligation to pay
transaction and you agree to pay any and all amounts
the amounts that you owe under this Agreement.
related to such transaction pursuant to the terms of this
5. Periodic Statement. Each month we will send you a
Agreement. We may, in our sole discretion, restrict the use
periodic statement for each Credit Card account you have
of or terminate your Card if we notice excessive use of your
with us covering the previous billing period. We may not
Card or other suspicious activities or if we reasonably
send you a statement if your balance is less than $1 and
believe the Card is or has been used for one or more illegal
there were no transactions during the billing period. The
or prohibited transactions. You can also obtain a Cash
statement will have a "Statement Period Date", "Statement
Advance by writing a special Mastercard check
Closing Date" and a "Payment Due Date," and will show,
("Convenience Check"). The Cash Advance will be posted
among other things, your "Previous Balance," your "New
to your Credit Card account when the Convenience Check
Balance," and your minimum monthly payment, which will be
reaches us. If you stop payment on a Convenience Check,
shown as "Minimum Payment Due."
your Credit Card account will be charged $16.00 (or as
6. Payment. You must make a payment by the "Payment
permitted by law) for each stop payment. We may designate
Due Date." You have two choices: You may pay the entire
that only a portion of your Credit Limit is available for Cash
"New Balance" or you may pay in installments by paying at
Advances. In addition, you may request that we pay other
least the "Minimum Payment Due." When your payment is
creditors on your behalf and transfer approved amounts to
properly received, we will allocate your payment in a manner
your Account ("Balance Transfers").
we determine except as otherwise required by law. The
Your Card may also be used in certain automated
Minimum Payment is applied first to fees, then to
terminals to gain access to your Credit Card accounts. We
INTEREST CHARGES and finally to principal. We apply the
have no responsibility for the failure of any machine,
Minimum Payment to balances with lower APRs, including
merchant, financial institution, or any other party to honor
introductory APRs, before balances with higher APRs.
your Card. Your Card and Credit Card account may be used
Payments made in excess of the Minimum Payment will be
only for valid and lawful purposes. If you use or allow
applied first to balances with the highest ANNUAL
someone else to use the Card or Credit Card account for
PERCENTAGE RATE (APR) and then to each successive
any other purpose, you will be responsible for such use and
balance bearing the next highest ANNUAL PERCENTAGE
may be required to reimburse us for all amounts or
RATE.
expenses we pay as a result of such use.
Payments must be mailed to the BankCard Center
2. Credit Limit. Your Credit Limit for the Credit Card
address specified in your periodic statement and reach the
account you have with us will be based on the amount
BankCard Center during our regular business day by 5:00
described in paragraph 21. You agree that your total
p.m. Pacific Time for the payment to be credited the same
charges, including Purchases, Cash Advances, Balance
business day. Payments made in person at one of our
Transfers, INTEREST CHARGES, and fees that may be
branches, or made by telephone, or made through our
due will not exceed your Credit Limit. If you do go over your
website or another website controlled by a third party on our
Credit Limit, you must repay the excess amount
behalf must be received by 5:00 p.m. Pacific Time to be
immediately, and we may reduce the available Credit Limit
credited the same business day. Payments received after
of any other Credit Card account you have with us until such
the cutoff time of 5:00 p.m. Pacific Time are credited as of
time the excess amount is repaid. You may apply to
the following business day. If you fail to properly make
increase your Credit Limit at any time but we are not
payments, crediting of such payments may be delayed and
obligated to increase your Credit Limit at any time.
you may incur late charges and additional interest as a
Furthermore, we reserve the right to lower your Credit Limit
result of the delay. Even when your payment is credited to
at any time. For security reasons, we may limit the number
your account, we may delay the availability of part or all of
or amount of transactions that may be accomplished with
your payment amount as credit for up to 15 days.
your Card or Credit Card account, and we have the right to
If a payment is returned to us for any reason, we may
limit authorizations to make transactions if we consider it
apply a Returned Payment Fee of $27 for the first violation
necessary to verify Payments received on your Credit Card
and $38 for each subsequent violation within the next six
account. If we accept a payment from you in excess of your
billing cycles. The Returned Payment Fee for lowa residents
BW-SCCAG (Rev. 10/2020)
is $27 for the first violation and $30 for each subsequent
in the "Index." The Index is the Prime Rate published in the
violation within the next six billing cycles. If the Returned
"Money Rates" table of The Wall Street Journal on the
Payment Fee is greater than the Minimum Payment Due,
business day immediately preceding the day your billing
the fee will be equal to the Minimum Payment Due.
cycle ends. If the Index is no longer available, we will
From time to time, we may let you skip or reduce one or
choose a new index which is based upon comparable
more monthly payments during a year and/or we may
information and will give you notice of our choice. The
temporarily reduce or eliminate certain INTEREST
ANNUAL PERCENTAGE RATE may increase or decrease
CHARGES on all or a portion of your Credit Card account
each month if the Index changes. Any new rate will be
balance or offer you other special terms. If we do, we will
applied as of the first day of your billing cycle during which
advise you of the scope and duration of the applicable skip
the Index has changed. If the ANNUAL PERCENTAGE
or promotional feature. When the skip or promotional
RATE increases, you will pay a higher INTEREST
feature ends, your regular rates and all the terms of the
CHARGE, which may result in a higher minimum payment.
Agreement will resume.
Your interest rate for Purchases and Balance Transfers
Minimum Payment - Late Payment Fee. At least the
on your Credit Card account is based on a variable rate
amount of the "Minimum Payment Due" must be received by
equal to the sum of the Index plus a "Rate Spread" of 18.74
us by the "Payment Due Date." If it is not, we may apply a
percentage points. The interest rate for Cash Advances on
Late Payment fee of $27 for the first violation and $38 for
your Account is based on a variable rate equal to the sum of
each subsequent violation within the next six billing cycles.
the Index plus a "Rate Spread" of 21.74 percentage points.
The Late Payment fee for lowa residents is $27 for the first
Immediately before each Change Date we will determine the
violation and $30 for each subsequent violation within the
new interest rate by adding the Rate Spread to the Index.
next six billing cycles. If the Late Payment fee is greater
The new interest rate will become effective at the start of
than the Minimum Payment Due, the fee will be equal to the
your first billing cycle after the Change Date. Only one
Minimum Payment Due. If such charge would result in an
ANNUAL PERCENTAGE RATE and Daily Periodic Rate will
INTEREST CHARGE greater than the maximum allowed by
be in effect for each Balance Category during the billing
law, we will only charge the maximum allowable rate. Your
period. The ANNUAL PERCENTAGE RATE will not exceed
Minimum Payment Due will be 3% of the New Balance plus
the maximum rate permitted by law. The effect of any
any Late Payment fee (with a minimum of the lesser of $27
increase in the ANNUAL PERCENTAGE RATE and the
or your New Balance) and any amount over your credit limit
Daily Periodic Rate would be to increase the amount of
and past due amount.
INTEREST CHARGE or interest you must pay and thus
increase your monthly payments.
8. How to Avoid Paying Interest on Purchases. There
10. Transaction Fees. You also agree to pay us the
may be different treatment of INTEREST CHARGES for
appropriate fees listed below (as permitted by applicable
Purchases, Balance Transfers, and Cash Advances, even
law) which may be amended from time to time by us. You
though they are computed the same way. You may avoid
authorize us to charge your Credit Card account for the
paying an INTEREST CHARGE on Purchases if we receive
following fees due to us. Balance Transfer fee: 4.00% of
the entire New Balance by the Payment Due Date. If we do
each balance transferred, $10 minimum. Cash Advance fee:
not receive the entire New Balance by the Payment Due
4.00% of each Cash Advance, $10 minimum.
Date, the INTEREST CHARGE will be charged on the
11. Foreign Transaction Fee. Transactions that you
Purchases from the date of the transaction. INTEREST
make in a foreign currency or that you make outside of the
CHARGES on all other balances, including Cash Advances
United States of America even if it is made in U.S. dollars
and Balance Transfers, begin on the transaction date and
are considered foreign transactions. If you make a
will be assessed even if your entire New Balance is paid by
transaction in a foreign currency it will be billed to you in
the Payment Due Date.
U.S. Dollars. The conversion rate to U.S. Dollars will be
9. Computing Your INTEREST CHARGE. We figure the
determined by Visa International or Mastercard International
INTEREST CHARGE on each Credit Card account by
in accordance with their operating regulations or conversion
applying the periodic rate to the "Average Daily Balance" of
procedures in effect at the time the transaction is
each Balance Category on the Credit Card account,
processed. Currently, their regulations and procedures
including current transactions. Balance Categories include
provide that the currency conversion rate they use is either
Purchases, Balance Transfers, Cash Advances,
(1) a government-mandated rate or (2) a wholesale market
Introductory Rates and any special rate offers we may make
rate, whichever is applicable, in effect one day prior to the
available from time to time. If you are charged interest, the
processing date. We do not determine the currency
charge will be no less than $1.00 (the minimum interest
conversion rate which is used. You agree to pay the
charge will appear as "Minimum Charge" in the fees section
converted amount in U.S. funds. In addition, Visa or
of your statement).
Mastercard will charge us (the Bank) an international
a. Average Daily Balance. To obtain the daily balance
transaction fee, currently equal to one percent (1.00%) of
for each Balance Category we take the beginning balance
the transaction amount. We will charge you the international
each day and add new transactions applicable to each
transaction fee imposed on us plus an additional two
category, and subtract any payments, credits, and refunds
percent (2.00%) of the transaction amount whether that
applied to the category. To figure your Average Daily
transaction was originally made in U.S. dollars or was made
Balance for each Balance Category, we add all your daily
in another currency and converted to U.S. dollars. These
balances and divide by the number of days in the billing
two fees will be aggregated and shown as one Foreign
period.
Transaction Fee on your statement.
b. Figuring the INTEREST CHARGE. We compute the
12. Annual Fee. We will assess an Annual Cardholder
INTEREST CHARGE for each Balance Category by
Fee of $25 for each year your Account is open, whether or
multiplying the Average Daily Balances by the applicable
not you use your Account and regardless of the number of
Daily Periodic Rate, and then we multiply the result by the
cards issued on your Account. You can avoid the Annual
number of days in the billing period. To determine the Daily
Cardholder Fee if you terminate your Account within 30 days
Periodic Rate for each Balance Category, we divide the
after the date of the periodic statement in which the Annual
applicable ANNUAL PERCENTAGE RATE in effect for the
cardholder fee is posted. Otherwise, the Annual Cardholder
billing period by 365 (366 for leap year). The way we get the
fee will not be refunded in whole or in part and shall be owed
ANNUAL PERCENTAGE RATE for each Balance Category
to us by you even if your Account is subsequently changed,
described below under "Variable Rate."
suspended, closed or terminated for any reason.
C. Variable Rate. The current ANNUAL PERCENTAGE
13. Other Fees. As allowed by law, we may charge, and
RATE for all variable rates is shown on the Account
you agree to pay, fees for certain services or requests made
Opening Disclosure which has been provided to you with
by you, such as but not limited to: Automated Teller Machine
this Agreement. The Daily Periodic Rate and the
("ATM") transactions conducted at machines not operated
corresponding ANNUAL PERCENTAGE RATE may change
by us, requests for copies of billing statements, sales drafts,
each month on the first day of each of your billing cycles.
or other records of your Account, or if you request a
Each date on which the rate of interest could change is
replacement card(s). However, we will not charge fees for
called a "Change Date." Changes will be based on changes
BW-SCCAG (Rev. 10/2020)
copies of documents requested for a billing dispute. These
exceed your Credit Limit. This amount may be less for Cash
fees may change from time to time. We will inform you of
Advances from Network ATMs.
the fee(s) that you will incur prior to when the applicable
d. Card and Secret Code (PIN) Use. You are
service(s) is(are) provided or when you make the request(s),
responsible for all transactions in which you use your Card
as applicable. You authorize us to charge your Credit Card
in an automated terminal, or the use of the Card by anyone
account for any such fees that you incur. We reserve the
else who uses it with your permission. Security in use of the
right to waive a fee from time to time but a waiver does not
Card is provided by the secret code, which we will provide
mean we will continue to waive such fee in the future.
you, and the magnetically encoded stripe on the Card.
14. Interest Charges for Covered Members of the
Please keep the Card safe and also protect the secret code.
Armed Forces and Their Dependents: Federal law
Use the Card and the secret code as instructed at all times.
provides important protections to members of the Armed
Please notify us of any mechanical or operating failure in
Forces and their dependents relating to extensions of
connection with the use of your Card. Do not permit anyone
consumer credit. In general, the cost of consumer credit to a
else to use your Card and do not disclose your secret code
member of the Armed Forces and his or her dependent may
or record it on the Card. The Card remains the property of
not exceed an ANNUAL PERCENTAGE RATE of 36%. This
the Bank and can be revoked and repossessed at any time.
rate must include, as applicable to the credit transaction or
You must return it to us when asked.
account: the costs associated with credit insurance
e. Fees for Using Automated Terminal Services.
premiums; fees for ancillary products sold in connection with
Fees may be charged for transactions made at automated
the credit transaction; any application fee charged (other
teller machines not operated by us as described in
than certain application fees for specified credit transactions
paragraph 13-Other Fees.
or accounts); and any participation fee charged (other than
17. Lost or Stolen Card; Your Liability for
certain participation fees for a credit card account).
Unauthorized Use. Tell us AT ONCE if you believe your
If you are a covered member of the armed forces or a
Card has been lost or stolen. Telephoning is the best way of
dependent, you will not be charged annual fees, transaction
keeping your possible losses down.
fees, or penalty fees so that your cost may not exceed the
You may be liable for the unauthorized use of your Card
Military Lending Act ANNUAL PERCENTAGE RATE cap.
as a credit card. You will not be liable for unauthorized use
Armed Forces members and their dependents can hear
of your Card as a credit card which occurs after you notify
about the protections provided to them by calling 1-866-761-
us at the telephone number or address stated in paragraph
2689 (TTY users call 1-800-659-5495).
18, orally or in writing, of loss, theft, or possible unauthorized
15. Default. We may declare the entire balance for the
use. In any case, your liability for unauthorized use of your
Credit Card accounts due and payable at once with or
Card as a credit card will not exceed $50.00.
without notice or demand if any of these events (a "Default")
18. Where to Call or Write. If you believe your Card has
happens:
been lost or stolen or that someone is using your Card or
a. If you miss a payment under this Agreement or any
Credit Card account without your permission, call:
other obligation you owe us; or
1-800-996-2638 (for TTY call 1-800-659-5495) or write to:
b. If you violate any terms of this Agreement.
Bank of the West, BankCard Security Department, PO Box
If you are in Default, we may terminate your Credit Card
2078 Omaha, NE 68103-2078
account, make no more additional loans, and require you to
19. Our Business Days. Our business days are Monday
immediately repay the entire unpaid balance of all amounts
through Friday, except for bank holidays.
due on your Credit Card account, including but not limited to
20. Credit Investigation and Disclosure. You authorize
all loan amounts, late charges and other charges assessed
us, both now and in the future, to check your credit and
but not paid, and all of the INTEREST CHARGES accrued
employment history and to release information about our
but not paid. If we terminate your Credit Card account, your
credit experience with you in response to legitimate credit
obligation to repay the amounts you already owe us would
inquiries. If you believe that we have incorrect information or
continue.
have reported inaccurate information about you to a credit
At our option, we may also take action short of
bureau, please call us at 1-800-996-2638 (for TTY call 1-
terminating your Credit Card account. If we take such lesser
800-659-5495). As required by law, you are hereby notified
action initially, we reserve the right to terminate your Credit
that a negative credit report reflecting on your credit history
Card account and accelerate all amounts due under this
may be submitted to a credit reporting agency if you fail to
Agreement regardless of whether any additional events
fulfill the terms of your credit obligations.
have occurred which would permit termination and
21. Security Interest. This Credit Card account is
acceleration.
secured by a deposit account ("Deposit Account") in your
16. Automated Terminal Services
name only with Bank of the West. The amount you
a. Automated Terminals. You may use your Card in
deposited in the Deposit Account (subject to the minimum
the following automated terminals:
amount required and maximum amount allowed by the
(1) Any Bank of the West automated teller machines.
Bank) is your credit limit. The Deposit Account will be used
(2) Any other automated teller machine that is
as collateral to secure the obligations you incur in
participating in a network and accepts our Card ("Network
connection with your Credit Card account. You grant the
ATM") and
Bank a security interest in, and assign to the Bank, all funds
(3) Any point-of-sale terminal that accepts our Card
in your Deposit Account. You agree that you will be bound
("POS terminal").
by the agreement ("Deposit Account Agreement") for your
b. Services Available at an Automated Terminal
Deposit Account and that your Deposit Account is subject to
(1) You may use your Card at a Bank of the West or
this Agreement. You grant the Bank exclusive control over
any Network ATM to:
the Deposit Account, the right to redeem, collect and
(a) Get a Cash Advance from your Credit Card
withdraw any part or the full amount of the Deposit Account
account.
upon any default under this Agreement or if your Credit Card
(b) Get your Credit Card account balances. These
account is closed for any reason. The Bank may apply funds
balances may not include some transactions recently made
in the Deposit Account to pay off any balance on the Credit
in your Credit Card account. Some of the services described
Card account if the Credit Card account is closed for any
in subparagraphs (a) and (b) may not be available at all
reason. You may not make or otherwise arrange for any
Network ATMs.
deposits to or withdrawals from the Deposit Account while
(c) You may use your Card at a POS terminal to
the Deposit Account secures your Credit Card account. The
purchase certain merchandise. The amount of your
Deposit Account will not be eligible for Auto-Save or Savings
purchase will automatically be charged to your Credit Card
Overdraft Protection while the Deposit Account secures your
account as a Purchase.
Credit Card Account. You provide the security interest and
C. Limits of Automated Terminal Services Cash
assignment as security for any and all amounts you may
Advances. You may get a Cash Advance from a Bank of
owe (including but not limited to interest, fees and charges
the West Automated Terminal up to an aggregate amount of
which may accrue under your Credit Card account). The
$500 each calendar day, provided that this amount does not
balance of your Deposit Account is only refundable after
BW-SCCAG (Rev. 10/2020)
your Credit Card account is closed and all amounts owed to
31. Authorized User. If you elect to have an authorized
the Bank are paid (any remaining amount you request to be
user, you will be liable for all transactions made by that user
refunded may take up to 30 days to be returned to you).
on your Account. Any authorized user is not a contractually
You agree to pay all charges and follow all practices set
liable party.
forth in the Deposit Account Agreement for the Deposit
32. Our Communications with You. You agree that we,
Account that secures your Credit Card account and abide by
any of our affiliates, agents, independent contractors or
all future changes to the terms and charges for the Deposit
service providers may monitor and record telephone calls
Account.
regarding your banking services to assure the quality of our
22. Collection. You promise to pay all collection costs,
service or for other reasons. You expressly consent that we,
including, without limitation, mailgram charges, reasonable
any of our affiliates, agents, independent contractors or
lawyers' fees and court costs, as permitted by law.
service providers may use written, electronic, or verbal
23. If There are More Than One of You. Each of you
means, or any other medium, as permitted by law and
individually, or all of you together, will be liable under this
including, but not limited to, mail and facsimile, to contact
Agreement. We may collect from or sue any one of you, or
you. Your consent includes, but is not limited to, contact by
make any settlements or extensions with any one of you,
manual calling methods, prerecorded or artificial voice
without giving up our rights against the other. You
messages, text messages, e-mails and/or automatic
understand that any one of you can make Purchases, get
telephone dialing systems. You agree that we, any of our
Cash Advances, or perform Balance Transfers under this
affiliates, agents, independent contractors or service
Agreement which will be binding upon all of you.
providers may contact you by using any e-mail or any
24. Compliance with Law/Sanctions. You agree to
telephone number you provide, including a telephone
comply with all applicable laws and regulations, including
number for a cellular phone or other wireless device,
those relating to anti-bribery, anti-money laundering, the
regardless of whether you incur any charges as a result.
fight against terrorism, and sanctions ("Sanctions"), that
33. RESOLUTION OF DISPUTES BY ARBITRATION.
apply to the Bank or BNP Paribas S.A. You represent that
PLEASE READ THIS ARBITRATION PROVISION
you are not the target of Sanctions. You agree to hold the
CAREFULLY. EXCEPT AS OTHERWISE PROVIDED, YOU
Bank harmless from liability for any actions taken by the
WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT
Bank to comply with applicable laws and regulations,
BEFORE A JUDGE OR JURY AND TO BRING OR
including Sanctions.
PARTICIPATE
IN
ANY
CLASS
OR
OTHER
25. No Waiver of Rights. If we choose to waive any of
REPRESENTATIVE ACTION.
the terms or conditions of this Agreement on a case-by-case
a. Agreement to Arbitrate Disputes. Except as
basis, such as by not declaring the entire balance due when
otherwise provided, if you are unable to resolve a dispute
the minimum monthly payment has not been made on time,
with us informally, you and we agree that the dispute will be
it does not mean that we have waived, or given up, our right
resolved through the binding arbitration process set forth in
to exercise any of our rights or remedies under this
this arbitration provision upon demand by either you or us.
Agreement in the future. We are not required to use any
b. Disputes Covered By Arbitration. Except as
particular kind of demand or notice in order to collect
otherwise provided, any dispute relating to or arising out of
amounts due to us under this Agreement. No indulgence or
your Account or this Agreement, including any aspect of any
acceptance by us of delinquent or partial payments
agreement governed by this Agreement, or prior or later
constitutes a waiver of our rights or of any provision of this
versions of this Agreement, and any changes to the terms of
Agreement. No waiver of any existing default shall be
this Agreement will be subject to arbitration. Except as
deemed to waive any subsequent default.
expressly provided, all disputes are subject to arbitration no
26. Changing Terms. We can change, add to, delete or
matter the legal theory or remedy (damages, or injunctive or
otherwise modify the terms of this Agreement at any time in
declaratory relief) sought. Disputes include (1) any
any way permitted by law. We will send you a notice of
unresolved claims concerning any services relating to your
change at least 45 days (or as required by applicable law)
Account, including, without limitation, Purchases, Balance
before the effective date of the change. We do not have to
Transfers, Cash Advances, INTEREST CHARGES, your
send you an advance notice of the change if it favors you,
use of any of our banking locations or facilities, or any
such as by reducing rates, or increasing the maximum credit
means you use to access your Account; (2) any claims that
limit. Except in cases where we are changing terms due to
arose before you and we entered into this Agreement (such
the Minimum Payment Due not being received within 60
as disputes related to advertising) and after the termination
days of the Payment Due Date, you agree that the change
of this Agreement; (3) not only claims made directly by you,
may cover all transactions made 15 days after we mail the
but also made by anyone connected with you or claiming
notice. If you do not agree to the change, a method for
through you, such as an authorized user, a beneficiary,
rejecting the change and closing the Account will be
employee, representative, agent, predecessor or successor,
provided in the Change of Terms Notice. You agree that if
heir, assignee, or trustee in bankruptcy; (4) not only claims
you use your card after the effective date of the change, this
that relate directly to us, but also our parent, affiliates,
will constitute your agreement with the change.
successors, assignees, employees, and agents and claims
27. Canceling this Agreement. We have the right to
for which we may be directly or indirectly liable, even if we
cancel this Agreement at any time by sending a notice to
are not properly named at the time the claim is made; (5)
any one of you in writing. You also have the same right to
claims based on any theory of law, contract, statute,
cancel this Agreement at any time by sending us a notice in
regulation, tort (including fraud or any intentional tort), or any
writing. If this Agreement is canceled by you or us, your
other legal or equitable ground, and include claims made as
obligation is to repay amounts you already owe under this
counterclaims, cross-claims, third party claims,
Agreement, and you must return your Card to us or destroy
interpleaders or otherwise; (6) claims made as part of a
the card. In either case, the Account will be closed and you
class action or other representative action, being expressly
will no longer have access to the Account.
understood and agreed that arbitration of such claims must
28. Governing Law. This Agreement will be governed by
proceed on an individual (non-class, non-representative)
the laws of the State of Nebraska, and, as applicable,
basis; and (7) claims relating to the enforceability or
federal law, regardless of where the transactions are made.
interpretation of this arbitration provision. A party who
29. Monitoring/Recording Telephone Calls. Our
initiates a proceeding in court may elect arbitration with
supervisory personnel may listen to and record your
respect to any dispute advanced in that proceeding by any
telephone calls to us for the purpose of monitoring and
other party. This arbitration provision shall survive any
improving the quality of service you receive.
termination of this Agreement or your Account.
30. Severability. All other provisions of this Agreement
C. Disputes Not Covered By Arbitration. Disputes
shall remain in full force even if one or more provisions of
filed by you or by us individually in a small claims court are
this Agreement are held invalid, illegal, void or
not subject to arbitration if the disputes remain in such court
unenforceable by any rule or law, administrative order or
and advance only as an individual claim for relief.
judicial decision.
d. Opt Out. You have the right to opt out of arbitration
by sending a signed written notice stating your decision to
BW-SCCAG (Rev. 10/2020)
opt out of arbitration to BANK OF THE WEST at Loan
h. Public Injunctive Relief Waiver. If either you or we
Servicing, P.O. Box 3631, Omaha, NE 68103 within 30 days
elect to arbitrate a dispute, neither you nor we will have the
after the date you opened your Account ("Account Open
right to seek a public injunction in arbitration or in court, if
Date").
such a waiver is permitted by the FAA. If any waiver of
e. Commencing an Arbitration. The party initiating
public injunctive relief in this arbitration provision (as set
arbitration must choose one of the following arbitration
forth in any part of this arbitration provision) is found to be
forums to administer arbitration under the forum's rules
invalid or unenforceable, and that decision is not reversed
(except as modified by this Agreement): (i) the American
on appeal, any claim for a public injunction will be decided
Arbitration Association ("AAA") under AAA's Consumer
in court after all other disputes to be decided in arbitration
Arbitration Rules available at www.adr.org or 1-800-778-
under this arbitration provision are arbitrated and the
7879; (ii) JAMS under JAMS' Comprehensive Arbitration
arbitration award regarding individual relief has been
Rules & Procedures or Streamlined Arbitration Rules &
entered in court. In no event will a claim for public
Procedures, including JAMS' Consumer Minimum
injunctive relief be arbitrated. As set forth in "Severability"
Standards (but not JAMS' Class Action Procedures),
below, the invalidity or unenforceability of this paragraph
available at www.jamsadr.com or 1-800-352-5267.
will not affect the validity or enforceability of the remainder
f. Arbitration Procedure. Arbitration shall be decided
of this arbitration provision.
by a single neutral arbitrator selected in accordance with
i. Arbitration Costs. We will pay the filing,
AAA's or JAMS' rules, as applicable. The arbitrator will
administrative and/or arbitrator's fees or compensation
decide the dispute in accordance with the terms of our
("Arbitration Fees") that we are required to pay pursuant to
agreements and applicable substantive law, including the
the arbitration forums' rules or the law. In addition, with
Federal Arbitration Act and applicable statutes of limitation.
respect to Arbitration Fees that you are required to pay
The arbitrator shall honor claims of privilege recognized at
under the arbitration forum's rules in connection with an
law. Except as otherwise provided, the arbitrator may award
individual arbitration you have commenced against us, if you
damages or other relief (including injunctive relief) available
would like us to consider paying them because you are
to the individual claimant under applicable law. The
unable to do so, you must first request a waiver or reduction
arbitrator will not have the authority to award relief to, or
of the Arbitration Fees from the arbitration forum. If the
against, any person or entity who is not a party to the
request is denied or you remain unable to pay the reduced
arbitration. An award in arbitration shall determine the rights
Arbitration Fees, we will consider paying them if we receive
and obligations between the named parties only, and only
a written request by you sent to Bank of the West Legal
with respect to the dispute in arbitration and shall not have
Department, 180 Montgomery Street, San Francisco,
any bearing on the rights and obligations of any other
California 94104.
persons, or on the resolution of any other dispute. The
j. Applicable Law. You and we are participating in
arbitrator will take reasonable steps to protect your Account
transactions that involve interstate commerce and this
information and other proprietary or confidential information.
arbitration provision and any resulting arbitration are
Any arbitration hearing shall take place in the same city as
governed by the Federal Arbitration Act. To the extent state
the U.S. District Court closest to your home address, unless
law applies, the laws of the state governing your Account
the parties agree in writing to a different location or the
relationship apply. No state statute pertaining to arbitration
arbitrator so orders. If you seek a total recovery of $10,000
shall apply.
or less, you may choose whether the arbitration will be
k. Severability. Except as provided in "Public Injunctive
conducted solely on the basis of documents submitted to
Relief Waiver," if any part of this arbitration provision
the arbitrator, through a telephonic hearing, or by an in-
regarding joinder, consolidation, class actions, class
person hearing in accordance with AAA's or JAMS' rules. At
arbitrations, general public or private attorney general
your or our request, the arbitrator will issue a reasoned
actions is found to be illegal or unenforceable, that invalid
written decision sufficient to explain the essential findings
part shall not be severable and this entire agreement to
and conclusions on which the award is based. The
arbitrate disputes shall be unenforceable. If any other part of
arbitrator's award shall be final and binding, subject to
this arbitration provision, including "Public Injunctive Relief
judicial review only to the extent allowed under the Federal
Waiver," is deemed to be invalid or unenforceable, that
Arbitration Act. You or we may seek to have the award
invalid part will be severed from the remainder of this
vacated or confirmed and entered as a judgment in any
arbitration provision and the remainder of this arbitration
court with jurisdiction.
provision will be enforced.
g. No Class Action or Joinder of Parties. You and we
agree that no class action, private attorney general or other
representative claims may be pursued in arbitration and no
such action may be pursued in court if either you or we elect
arbitration. Unless mutually agreed to by you and us, claims
of two or more persons may not be joined, consolidated, or
otherwise brought together in the same arbitration (unless
those persons are joint account holders or beneficiaries on
your Account or related accounts, or parties to a single
transaction or related transaction).
Your Billing Rights
Keep This Notice 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
Description of problem: If you think there is an error
If you think there is an error on your statement, write to us
on your bill, describe what you believe is wrong and
at:
why you believe it is a mistake.
Bank of the West
You must contact us:
BankCard Customer Service Department
Within 60 days after the error appeared on your
PO Box 2319
statement.
Omaha, NE 68172-9793
At least 3 business days before an automated
In your letter, give us the following information:
payment is scheduled, if you want to stop payment
Account information: Your name and Credit Card
on the amount you think is wrong.
account number.
You must notify us of any potential errors in writing [or
Dollar amount: The dollar amount of the suspected
electronically]. You may call us, but if you do we are not
error.
BW-SCCAG (Rev. 10/2020)
required to investigate any potential errors and you may
While we investigate, the same rules apply to the disputed
have to pay the amount in question.
amount as discussed above. After we finish our
investigation, we will tell you our decision. At that point, if
What Will Happen After We Receive Your Letter
we think you owe an amount and you do not pay, we may
When we receive your letter, we must do two things:
report you as delinquent.
1. Within 30 days of receiving your letter, we must tell you
that we received your letter. We will also tell you if we have
NOTICE FOR WISCONSIN RESIDENTS: Any holder of this
already corrected the error.
Credit Card Agreement is subject to all claims and defenses
2. Within 90 days of receiving your letter, we must either
which the debtor could assert against the seller of goods or
correct the error or explain to you why we believe the bill is
services obtained pursuant hereto or with the proceeds
correct. While we investigate whether or not there has
hereof. Recovery hereunder by the debtor shall not exceed
been an error:
amounts paid by the debtor hereunder.
We cannot try to collect the amount in question, or
report you as delinquent on that amount.
The charge in question may remain on your
statement, and we may continue to charge you
interest on that amount.
While you do not have to pay the amount in
question, you are responsible for the remainder of
your balance.
We can apply any unpaid amount against your
credit limit.
After we finish our investigation, one of two things will
happen:
If we made a mistake: You will not have to pay the
amount in question or any interest or other fees
related to that amount.
If we do not believe there was a mistake: You will
have to pay the amount in question, along with
applicable interest and fees. We will send you a
statement of the amount you owe and the date
payment is due. We may then report you as
delinquent if you do not pay the amount we think
you owe.
If you receive our explanation but still believe your bill is
wrong, you must write to us within 10 days telling us that you
still refuse to pay. If you do so, we cannot report you as
delinquent without also reporting that you are questioning
your bill. We must tell you the name of anyone to whom we
reported you as delinquent, and we must let those
organizations know when the matter has been settled
between us.
If we do not follow all of the rules above, you do not have
to pay the first $50 of the amount you question even if your
bill is correct.
Your Rights If You Are Dissatisfied With Your Credit
Card Purchases
If you are dissatisfied with the goods or services that you
have purchased with your credit card and you have tried in
good faith to correct the problem with the merchant, you
may have the right not to pay the remaining amount due on
the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state
or within 100 miles of your current mailing address, and the
purchase price must have been more than $50. (Note:
Neither of these are necessary if your purchase was based
on an advertisement we mailed to you, or if we own the
company that sold you the goods or services.)
2. You must have used your credit card for the purchase.
Purchases made with cash advances from an ATM or with a
check that accesses your Credit Card account do not
qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still
dissatisfied with the purchase, contact us in writing at:
Bank of the West
BankCard Customer Service Department
PO Box 2319
Omaha, NE 68172-9793
BW-SCCAG (Rev. 10/2020)