Annual Percentage Rate
16.9%
(APR) for Purchases
APR for Cash Advances 16.9%
Paying Interest
Minimum Interest
Charge
For Credit Card Tips To learn more about factors to consider when applying for or using a credit card, visit the
from the Consumer website of the Consumer Financial Protection Bureau at
Financial Protection http://www.consumerfinance.gov/learnmore
Bureau
Set-up and
Maintenance
Fees
None
Transaction Fees
$2.00 3%
$10.00
3%
Penalty Fees
$15.00
$15.00
How We Will Calculate Your Balance:
Billing Rights:
FEES AND INTEREST CHARGES:
FEES AND INTEREST CHARGES: INTEREST CHARGES
Periodic INTEREST CHARGES: INTEREST CHARGES
INTEREST CHARGES
INTEREST CHARGES
INTEREST CHARGES
Computing Periodic INTEREST CHARGES: INTEREST CHARGE
ANNUAL PERCENTAGE RATE (APR)
ANNUAL PERCENTAGE RATE This ANNUAL PERCENTAGE RATE will be applied to fees assessed to your
Credit Account as well as Purchases and Cash Advances.
Minimum INTEREST CHARGE: INTEREST CHARGE INTEREST CHARGE
Cash Advance Fee: INTEREST CHARGE
Foreign Currency Transaction Fee:
Late Fee:
Return Item Charge:
OTHER CHARGES:
Copying Fee:
Credit Insurance:
Express Delivery Fee:
Wire Transfer Fee:
Minimum Payment: Cutoff Time and Form of Payment:
See the Credit Card Contract for further information regarding this
Credit Account. Retain these important documents.
First PREMIER Bank
CREDIT CARD CONTRACT AND
ACCOUNT OPENING DISCLOSURES (cont’d)
This Contract explains the terms and conditions of your Credit Account with
us, including important provisions relating to arbitration and litigation. For
additional important information on fees and INTEREST CHARGES
and other contract provisions that apply to your Credit Account,
please review the Account Opening Disclosures printed on the card
carrier containing your Card. Be sure to retain all Contract documents
for future reference.
YOUR CONTRACT WITH US
Your MasterCard® or Visa® brand Credit Account is governed by the
terms and conditions in this Contract and the Account Opening Disclosures
printed on the card carrier containing your Card (“Contract”).
Applicable Law: No matter where you live, our Contract with you and the
terms of your Credit Account will be governed by the laws of the State of
South Dakota and applicable federal law.
Effective Date: Unless you are a resident of the State of New York, this
Contract is effective upon the earlier of (1) the rst Purchase made or Cash
Advance taken on your Credit Account, and (2) the expiration of 30 days
from the date we issue the Card to you if you do not provide us written
notice of your desire to cancel within this 30 days. If you are a resident of
the State of New York, this Contract is not effective until the earlier of (1)
the rst Purchase made or Cash Advance taken on your Credit Account,
and (2) the date you move from the State of New York, unless the date
you move from the State of New York is less than 30 days from the date
we issue a Card to you, in which case this Contract will be effective on
the date that is 30 days from the date we issue a Card to you (and not the
date you move from the State of New York) if you do not provide us written
notice of your desire to cancel within this 30 days. In all cases, if any fees
are required to be paid prior to opening your Credit Account, this Contract
will not be effective and your Credit Account will not be opened until such
fees are paid in full. You are not obligated to pay any fees or INTEREST
CHARGES (other than any fees required to be paid prior to opening your
Credit Account) until this Contract is effective.
DEFINITIONS USED IN THIS CONTRACT
In this Contract, “we”, “us” and “our” each refer to First PREMIER Bank
(the “Bank”).
“Authorized User” means any person authorized by you to use the Card
or Credit Account.
“Billing Cycle” begins on the day after the Statement Closing Date of the
previous Statement and includes the Statement Closing Date of the current
Statement.
“Card” means all the plastic credit cards we issue to you or any other
person who is authorized to use the Credit Account. In the event we issue
other devices by which you can access your Credit Account, those devices
will also be “Cards” for purposes of this Contract.
“Closing Date” means the last day of any Billing Cycle.
“Credit Account” means the credit card account that we open for you and
the relationship that is established between you and us by this Contract.
This Credit Account is used to record transaction activity made by you when
you access or otherwise utilize the line of credit we extend to you when you
use your Card.
“New Balance” means the outstanding balance of your Credit Account at
the end of any Billing Cycle. The New Balance is the sum of the Previous
Balance (dened as the New Balance shown on your last Statement) less
payments and credits, plus new Cash Advances and Purchases and our
charges posted during the Billing Cycle.
posted to your Credit Account in a foreign currency, including all Purchase
transactions, Cash Advance transactions, ATM transactions and returns
and adjustments (e.g., for returned merchandise). The currency conversion
rate used on the processing date may be different than the rate that was
in effect on the date you conducted the transaction. We do not set the
currency conversion rate, and we do not receive any portion of it. We do,
however, receive a foreign currency transaction fee as disclosed on your
Account Opening Disclosures printed on the card carrier containing your
card.
Prohibition on Gambling and Illegal Transactions: Your Card and Credit
Account may not be used in connection with any gambling transaction
(whether legal or illegal). Also, your Card and Credit Account may be used
only for valid and lawful purposes. If you use, or allow someone else to use
your Card or Credit Account for any unlawful purpose or for any gambling
transaction, you will be responsible for such use and may be required to
reimburse us for all amounts or expenses we pay as a result of such use.
Call Recording: You agree and consent that we will record and may monitor
any calls between you and us. This includes both calls to and originated by
First PREMIER Bank, PREMIER Bankcard, LLC, our parent corporation, or
any of our afliates, agents, independent contractors or service providers.
YOUR BILLING RIGHTS
KEEP THIS DOCUMENT FOR FUTURE USE
This notice tells you about your rights and our responsibilities under
the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement: If you think there
is an error on your statement, write to us at:
First PREMIER Bank
P.O. Box 5524
Sioux Falls, SD 57117-5524
(You may also contact us on the Web: www.mypremiercreditcard.com.)
In your letter, give us the following information:
• Account information: Your name and Credit Account Number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe
what you believe is wrong and why you believe it is a mistake.
You must contact us:
• Within 60 days after the error appeared on your Statement.
• At least three business days before an automated payment is scheduled,
if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing (or electronically). You
may call us, but if you do we are not required to investigate any potential
errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter: When we receive your
letter, we must do two things:
(1) Within 30 days of receiving your letter, we must tell you that we received
your letter. We will also tell you if we have already corrected the error.
(2) Within 90 days of receiving your letter, we must either correct the error
or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
• We cannot try to collect the amount in question, or report you as delinquent
on that amount.
• The charge in question may remain on your Statement, and we may
continue to charge you interest on that amount.
• While you do not have to pay the amount in question, you are responsible
for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
After we nish 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 rst
$50.00 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatised With Your Credit Card Purchases:
If you are dissatised with the goods or services that you have purchased
with your credit Card, and you have tried in good faith to correct the problem
with the merchant, you may have the right not to pay the remaining amount
due on the Purchase.
To use this right, all of the following must be true:
(1) The Purchase must have been made in your home state or within 100
miles of your current mailing address, and the Purchase price must have
been more than $50.00. (Note: Neither of these are necessary if your
Purchase was based on an advertisement we mailed to you, or if we own
the company that sold you the goods or services.)
(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
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 dissatised with the
Purchase, contact us in writing (or electronically) at:
First PREMIER Bank
P.O. Box 5524
Sioux Falls, SD 57117-5524
www.mypremiercreditcard.com
While we investigate, the same rules apply to the disputed amount as
discussed above. After we nish 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.
Your Liability for Unauthorized Use of Your Credit Account: You will not
be liable for unauthorized use of your Card or Credit Account. However, to
protect your rights, you are required to notify us orally or in writing as soon
as you are aware that your Card or Credit Account has been lost, stolen
or used without your consent. Certain exceptions apply. To notify us of the
loss, theft or possible unauthorized use of your Card, call us at 1-800-987-
5521, 24 hours a day.
STATE DISCLOSURES
California Residents: A married applicant may apply for a separate Credit
Account. As required by law, you are hereby notied that a negative credit
reporting reecting on your credit record may be submitted to a Consumer
Reporting Agency if you fail to fulll the terms of your credit obligations.
After credit approval, each applicant shall have the right to use the Credit
Account up to the limit of the Credit Account. Each applicant may be liable
for amounts extended under the plan to any joint applicant.
Delaware Residents: Service charges not in excess of those permitted
by law will be charged on the outstanding balances from month to month.
Kentucky Residents: You may pay the unpaid balance of your Credit
Account in whole or in part at any time.
Maryland Residents: Finance charges will be imposed in amounts or at
rates not in excess of those permitted by law.
Maine Residents: Credit insurance provided herein is voluntary and you
have the right to cancel such credit insurance at any time.
Vermont Residents: First PREMIER Bank may obtain a consumer report
for any legitimate purpose in connection with your Credit Account or your
application, including but not limited to reviewing, modifying, renewing and
collecting on your Credit Account. Upon your request, we (First PREMIER
Bank) will inform you of the names and addresses of any Consumer
Reporting Agencies that have furnished the reports.
Ohio Residents: The Ohio laws against discrimination require that all
creditors make credit equally available to all credit worthy customers,
and that Consumer Reporting Agencies maintain separate credit histories
on each individual upon request. The Ohio Civil Rights Commission
administers compliance with this law.
Married Wisconsin Residents: No provision of any marital property
agreement, unilateral statement, or court order applying to marital property
will adversely affect a creditor’s interests unless prior to the time credit is
granted, the creditor is furnished with a copy of the agreement, statement,
or court order, or has actual knowledge of that provision.
Washington Residents: A service charge will be computed on the
outstanding balance for each month. You may at any time pay your total
unpaid balance.
ARBITRATION AND LITIGATION
This Arbitration Provision (“Provision”) facilitates the prompt and efcient
resolution of any disputes that may arise between you and us. Arbitration is
a form of private dispute-resolution in which persons with a dispute waive
their rights to le a lawsuit, to proceed in court and to a jury trial, and instead
submit their disputes to a neutral third person (an arbitrator) for a binding
decision. You have the right to opt out of this Provision, which means you
would retain your right to litigate your disputes in a court, either before a
judge or jury. To exercise your right to opt out you must provide us with
written notice no later than 30 days after your Credit Account is rst opened.
If we do not receive your written notice within that time frame, your rights
to opt out will terminate, and you agree that the provisions of this section
will apply.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ALL
DISPUTES ARISING OUT OF OR CONNECTED TO THIS CONTRACT
SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION
REPLACES THE RIGHT TO GO TO COURT. IN THE ABSENCE OF
THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE
HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A
COURT, BEFORE A JUDGE OR JURY AND/OR TO PARTICIPATE IN
OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS
(INCLUDING, BUT NOT LIMITED TO, CLASS ACTIONS). EXCEPT
AS OTHERWISE PROVIDED, ENTERING INTO THIS AGREEMENT
CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS AND
ALL OPPORTUNITY TO BE HEARD BY A JUDGE OR JURY.
Parties and Matters Subject to Arbitration: For purposes of this
Provision, “you” and “us” include the employees, parents, subsidiaries,
afliates, beneciaries, agents and assigns of you and us. For purposes
of this Provision, “Claim” means any claim, dispute or controversy by either
you or us, arising out of or relating in any way to this Contract, this Provision
(including claims regarding the applicability, enforceability or validity of this
Provision), your Credit Account, any transaction on your Credit Account and
our relationship. “Claim” also refers to any interaction or communication
between you and us that occurred prior to or concurrent with entering
into this Contract, including those now in existence, regardless of present
knowledge. “Claim” shall refer to claims of every kind and nature, including,
but not limited to, initial claims, counterclaims, cross-claims and third party
claims. All Claims are subject to arbitration, regardless of legal theory and
remedy sought, including, but not limited to, claims based in contract, tort
(including negligence, intentional tort, fraud and fraud in the inducement),
agency, statutory law (federal and state), administrative regulations or any
other source of law (including equity).
Agreement to Arbitrate: Any Claim arising out of or relating to this Contract,
or the breach of this Contract or your Credit Account, shall be resolved and
settled exclusively and nally by binding arbitration, in accordance with this
Provision. Binding arbitration shall not be required, however, for collection
actions by us relating to your Credit Account. Furthermore, both you and
we retain the right to pursue in a small claims court any Claim that is within
that court’s jurisdiction, provided the Claim proceeds on an individual basis.
However, only a court of law, not an arbitrator, shall determine the validity
and effect of this Provision’s prohibition of class arbitration. For any Claims
covered by this Provision, a party who asserted a Claim in a lawsuit in court
may elect arbitration with respect to any Claim subsequently asserted in
that lawsuit by any other party.
Voluntary Waiver of the Right to a Jury Trial and Class Action
Participation: As a result of this Provision, neither you nor we have the
right to litigate any Claim in court or the right to a jury trial on any Claim,
except as provided above. YOU AGREE THAT YOU ARE VOLUNTARILY
AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO
COURT OR TO HAVE A JURY TRIAL. FURTHERMORE, NEITHER YOU
NOR WE MAY SERVE AS A REPRESENTATIVE, A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY.
SIMILARLY, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER
OF A CLASS OF CLAIMANTS IN A LAWSUIT OF ANY CLAIM.
Prohibition of Class Arbitration: All Claims shall be resolved by binding
arbitration on an individual basis. Claims made and remedies sought as
part of a class action, private attorney general or other representative action
are subject to arbitration on an individual (non-class, non-representative)
basis. Therefore, the arbitrator has no authority to conduct class-wide
proceedings and will be restricted to resolving individual Claims. UNDER
THIS ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY
FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. Arbitration
will only be conducted on an individual Claim basis and there is no right or
authority to consolidate or join any of your Claims with any other Claims.
YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY
WAIVING ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR
MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY
CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.
Governing Law: This agreement to arbitrate is made pursuant to a
transaction involving interstate commerce and shall be governed by the
Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended. If for any
reason the Federal Arbitration Act does not apply, the substantive law of the
State of South Dakota shall govern this Provision.
Arbitration Location and Procedure: Any arbitration hearing at which you
wish to appear will take place at a location within the federal judicial district
that includes your billing address at the time the Claim is led. The party
bringing the Claim may le its Claim at the American Arbitration Association
(“AAA”), or an arbitration organization mutually agreed upon by the parties.
The arbitration organization that is selected will administer the arbitration
pursuant to its procedures in effect at the time of ling, subject to this
Provision. If you do not agree to le your claim with AAA, and the parties
cannot agree on an alternative arbitration organization, an arbitrator will be
appointed by a court pursuant to the Federal Arbitration Act. In the event of
a conict or inconsistency between the respective organization’s rules and
this Provision, this Provision shall govern. The arbitration will be conducted
before a single arbitrator, whose authority is limited solely to individual
Claims between you and us. The arbitration will not be consolidated with
any other arbitration proceeding. Any decision rendered in such arbitration
proceeding will be nal and binding on the parties and judgment may be
entered in a court of competent jurisdiction. The rules and forms of AAA
may be obtained as follows: American Arbitration Association, (1-800-778-
7879), 335 Madison Avenue, Floor 10, New York, NY 10017, website at
www.adr.org.
Arbitrator’s Authority: The arbitrator shall apply the applicable
substantive law, consistent with the Federal Arbitration Act; shall apply
statutes of limitation; and shall honor claims of privilege recognized at
law. In conducting the arbitration proceeding, the arbitrator shall not apply
any federal or state rules of civil procedure or evidence. PURSUANT TO
THIS ARBITRATION PROVISION, THERE IS NO RIGHT TO ENGAGE
IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN
THE RULES AND PROCEDURES OF THE RESPECTIVE CHOSEN
NATIONAL ARBITRAL ORGANIZATION. Either party may, however,
request to expand the scope of discovery. If a request is made, within
15 days of the requesting party’s notice, the objecting party may submit
objections to the arbitrator with a copy of the objections provided to the
party requesting expansion. The grant or denial of a party’s request will be
in the sole discretion of the arbitrator, who shall notify the parties of the nal
decision within 20 days of the objecting party’s submission.
The Arbitrator’s Award: The arbitrator has the ability to award to the
prevailing party all remedies available at common law, by statute or
in equity, including injunctive relief, declaratory relief, arbitration costs
and attorney fees. The arbitrator shall not, however, have authority to
award any punitive damages. YOU AND WE AGREE THAT PUNITIVE
DAMAGES ARE NOT RECOVERABLE IN ANY ARBITRATION OR
OTHER PROCEEDING UNDER THIS CONTRACT EXCEPT TO THE
EXTENT PUNITIVE DAMAGES WOULD BE AVAILABLE IN LITIGATION.
For awards not in excess of $5,000.00, upon the timely request of any
party, the arbitrator shall provide a brief written explanation of the basis
for the award. In the event an award exceeds $5,000.00, or in which there
is a request for equitable relief with a potential nancial impact or value
in excess of $5,000.00, the award of the arbitrator shall be in writing and
shall specify the facts and the law on which it is based. In such case, the
arbitrator’s ndings of fact must be supported by substantial evidence and
the arbitrator’s conclusions of law must not be based on legal error or be
erroneous under the applicable substantive law. Further, in addition to the
Federal Arbitration Act’s grounds for vacation, modication or correction of
the arbitrator’s award, the parties shall have the right to judicial review of the
arbitrator’s award to determine whether the arbitrator’s ndings of fact are
supported by substantial evidence and whether the arbitrator’s conclusions
of law are based on legal error or are erroneous under the applicable
substantive law. Judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction thereof. However, if the award is
in excess of $5,000.00, judgment may be entered only upon determination
by the court that the award is supported by substantial evidence and is not
erroneous or based on legal error.
Expenses: Regardless of who demands arbitration, we will pay all
expenses of arbitration, including the ling, administrative, hearing and
arbitrator’s fees (“Arbitration Fees”), to the extent that the Arbitration Fees
exceed the amounts you would be required to pay for ling a lawsuit in
a court. Throughout the arbitration, each party shall bear his or her own
attorney fees and expenses, such as witness and expert witness fees. If
you prevail in the arbitration of any Claim against us, we will reimburse you
for any fees you paid to the arbitration organization in connection with the
arbitration.
Binding Effect and Survival: You and we agree that, except as specically
provided for above, the arbitrator’s decision will be nal and binding on all
parties subject to this Provision. This Provision is binding upon you, us, and
the heirs, successors, assigns and related third parties of you and us. This
Provision shall survive termination of your account, whether it be through
voluntary payment of the debt in full by you, a legal proceeding initiated
by us to collect a debt that you owe, a bankruptcy by you or a sale of your
Credit Account by us.
Severability: If any portion of this Provision is deemed invalid or
unenforceable under any law or statute consistent with the FAA, such
a nding shall not invalidate any remaining portion of this Provision, the
Contract or any other agreement entered into by you with us. However,
the prohibition on class arbitration is not severable from the remainder
of this Provision. In the event that a court deems the prohibition on class
arbitration to be invalid and unenforceable, any subsequent class action or
representative proceeding shall be in a court of law and will not be subject
to binding arbitration.
M-121044 UNS 05/17
“Payment Due Date” means the date we must receive your payment,
which is not less than 27 days from the Closing Date.
“Proper Form” means that a payment sent by mail or courier follows these
guidelines:
• Payments must be sent to the address on the payment coupon of
your Statement.
• Payments must be made by check or other negotiable instrument in
U.S. dollars payable to First PREMIER Bank.
• All checks or negotiable instruments must be drawn on a U.S. bank
or at a U.S. branch of a foreign bank.
• Payments must not be in the form of cash or third-party checks.
• Your payment coupon must be included with your payment. If your
payment coupon is not included, your name and account number
must be printed legibly on your check or negotiable instrument.
“Related Credit Account(s)” means any Credit Accounts established
using the same Social Security Number.
“Statement” is a summary of your Credit Account activity provided to you
at the end of each Billing Cycle.
“Total Minimum Amount Due” means the total minimum amount we
request that you pay each month as indicated on your Statement. This
amount includes the Minimum Payment, any Past Due Amount and any
Amount Over Limit Due, which is the amount by which the New Balance
exceeds your Credit Limit. (See the Minimum Payment provisions on the
Account Opening Disclosures printed on the card carrier containing your
Card for more information on how the “Total Minimum Amount Due” is
calculated.)
“You” and “your” mean each and every person who is authorized to use
the Credit Account, including Authorized Users, joint account holders and
other persons you authorize to use the Card.
Other important words used in this Contract begin with capital letters. They
are dened throughout this Contract.
USING YOUR CARD
Sign Your Card: Be sure to sign your Card before you use it.
If You Do Not Want the Card: If you do not want the Card and Credit
Account, you must contact us by telephone or in writing asking us to close
your Credit Account.
Do Not Give Your Card to Others: Cards may not be given to anyone else
to use. Other people who want a Credit Account should apply separately.
Your Responsibility for Authorized Users: If another person is given
access to your Credit Account with your express or implied permission,
notwithstanding the provision above, that person is an Authorized User,
even if we did not issue an additional Card in the Authorized User’s name.
At your request, and if we agree, we may issue an additional Card in the
name of an Authorized User with your Credit Account number.
You will be responsible for all charges, Cash Advances, INTEREST
CHARGES, Purchases and fees incurred by any Authorized User. We
are not required to try to obtain payment from any Authorized User before
requiring payment from you.
If you wish to remove an Authorized User from your Credit Account you
must contact us either by telephone or in writing. You will still be responsible
for payment of all Purchases, Cash Advances, INTEREST CHARGES and
fees incurred or obtained by the Authorized User. We may close your
existing Credit Account and issue you a new Card and account number. You
and each Authorized User agree that we may report account information to
Consumer Reporting Agencies in the names of both you and the Authorized
User.
Lost or Stolen Cards: To protect your rights, you must notify us immediately
at 1-800-987-5521 if your Card is lost or stolen or if you suspect that it
has been used or may be used without your permission. If your Card is
reported as lost or stolen or you are claiming unauthorized use of your
Credit Account or Card, we may require you to le one or more reports with
the appropriate law enforcement agencies and us prior to our removal of
possible unauthorized charges made against your Credit Account. You will
not be liable for unauthorized use of your Card. Certain exceptions apply.
Refusal to Accept Your Card: We are not responsible if any person or
merchant does not accept your Card, or if an ATM or other device fails to
properly operate. All transactions, even when you get a receipt, are subject
to our nal verication.
Cards Are Our Property: You agree to return each Card issued on your
Credit Account to us upon our demand.
USING YOUR CREDIT ACCOUNT
Your Promise To Pay: You agree to pay us for all charges, Cash
Advances, INTEREST CHARGES, Purchases and fees incurred on your
Credit Account by you, or by any Authorized User, as well as any other
fees imposed by us, as explained in this Contract. If more than one person
requests, accepts or uses the Credit Account, each and every person
individually and jointly are responsible for payment until the account is paid
in full.
Joint Account Holders: If this is a joint Credit Account, each person who
signed the application: (1) may obtain Purchases and Cash Advances not
to exceed the total credit limit; (2) will be responsible for paying all amounts
owed; and (3) can close the Credit Account.
Accessing Your Credit Line: You can use the Card and your Credit
Account to make Purchases and obtain Cash Advances. Upon your
request, you may be assigned a Personal Identication Number (PIN). If a
PIN is assigned to you, you can obtain a Cash Advance at any authorized
ATM by using the Card and PIN.
Understanding Your Credit Limit: Your “Credit Limit” is the maximum
amount of credit we have approved for your Credit Account. The amount
of your Credit Limit is printed on the card carrier containing your Card and
on your Statements. Your balance may not exceed your Credit Limit at any
time. At our sole discretion, we may honor Purchases or Cash Advances in
excess of your Credit Limit without raising your Credit Limit. If we do, we
may require you to pay us any amount over your Credit Limit immediately.
Decisions on Credit Limit increases may be based on your performance
under this Credit Account and other Related Credit Accounts you have with
us and other credit criteria. If we have previously allowed your balance to
exceed your Credit Limit, it does not mean that we will permit your balance
to exceed your Credit Limit again. We reserve the right to approve or deny
authorizations or transactions from any merchant at our sole discretion.
Obtaining Cash Advances: You may take Cash Advances on your Credit
Account in any of the following ways: By presenting the Card to us or any
other participating MasterCard® or Visa® nancial institution to obtain
cash, by using the Card at an authorized merchant, other non-bank entity,
or an Automated Teller Machine (ATM) or other device to obtain cash or
cash equivalent, or to make a transfer from your Credit Account to any
other deposit or loan account. Even if you use your Credit Account to obtain
cash from a non-bank entity, the transaction will be described as a Bank
Cash Advance.
You may not take Cash Advances in excess of $500.00 per day. The
minimum Cash Advance per transaction is $20.00. For Credit Accounts
opened on or after June 1, 2003, your initial Cash Advance limit will be
10% of your assigned Credit Limit. Once your Credit Account has been
open and active for a minimum of 90 days, has two consecutive months of
current payment history, is not currently delinquent and no payments have
been returned for the past 60 days, your Cash Advance availability may be
increased to 50% of the assigned Credit Limit. For example, if your Credit
Limit is $250.00, your beginning Cash Advance limit will be $25.00 and may
increase to $125.00 once the criteria above are met.
RECEIVING STATEMENTS, OTHER INFORMATION AND
COMMUNICATIONS FROM US
Where We Send Statements: We will send Statements and any other
notices to you at the address shown in our les. If this is a joint Credit
Account, we can send Statements and notices to either of you. You agree to
notify us promptly of any change in your address. We may accept address
changes or corrections from the United States Postal Service. We may
also mail Statements and other communications to you at any address we
determine to be an address at which you can receive mail. If you elect to
receive Statements and other communications electronically, we may send
those Statements and communications as directed by you.
When You Receive Your Statements: We will send you a Statement at
the end of each monthly Billing Cycle in which your Credit Account has a
debit or credit balance of more than $1.00, if an INTEREST CHARGE has
been imposed or if other account activity has occurred. Your Statements will
arrive around the same time each month, however we reserve the right to
change the date of your Billing Cycle at any time.
Understanding Your Statement: The Statements we send to you will
reect the activity and our INTEREST CHARGES and other charges, costs
and fees on your Credit Account during the Billing Cycle. They will also
show your Total Minimum Amount Due and Payment Due Date, which is
the date by which we must receive payment. The information contained on
the Statement will be deemed to be correct unless you advise us in writing
of any error within 60 days of the date on which we send your Statement. If
there are more than one of you living at different addresses, we will send the
Statements only to the person named as the “Applicant” in your application.
Consent to calls and messages using autodialer, prerecorded
message and articial voice: You agree and expressly consent that
we and our agents, afliates, contractors, subcontractors, and assignees
may call or contact you at any cellular, mobile, home, work, or other
telephone number, electronic mail address, or other digital or electronic
communication terminal, link, point or address of any kind whatsoever that
(a) you provide or use to contact us, (b) we obtain from a third party such
as an employer, friend, family member, another creditor, or person with
whom you have done business, or (c) we obtain through any legal means,
including without limitation, a caller identication system that captures your
number. You expressly consent to receiving calls, text messages and other
communications from us, our agents, afliates, contractors, subcontractors,
and assignees on any number that is assigned to a cellular telephone
service, wired telephone service, paging service, facsimile machine,
specialized mobile radio service, radio common carrier service, internet
protocol service, or other electronic, digital or analog service that is placed
through or utilizes an automatic telephone dialing system, articial voice or
pre-recorded message, or any other technology, even if you incur a cost
when we contact you. You accept responsibility for all costs you incur when
contacted through any of these means.
Indemnication: You agree to indemnify us for all damages, costs and
expenses, including reasonable attorney fees, we incur when we attempt
to contact you at any third party’s telephone number that you provide to us,
including any number for which you fail to notify us is no longer associated
with you as the subscriber.
E-mail: By providing us with your e-mail address, you consent to receive
correspondence electronically from us and our afliates and service
providers. You agree that we may communicate with you by e-mail for any
lawful reason.
Other Communication Devices: If you provide us with any other form of
electronic communication mechanism, you agree that we may communicate
with you by that mechanism for any lawful reason.
ABOUT YOUR PAYMENTS
Amount of Payment: You must make Minimum Payments on your Credit
Account. Refer to the Minimum Payment provisions in the Account Opening
Disclosures printed on the card carrier containing your Card for more
detailed information. Payments made in any Billing Cycle that are greater
than the Total Minimum Amount Due will not affect your obligation to make
the next monthly Minimum Payment. Each month your Statement shows
a New Balance you must pay the Total Minimum Amount Due. Generally,
credits to your Credit Account, such as those generated by merchants, are
not treated as payments on your Credit Account and will not reduce your
Total Minimum Amount Due. You have until the Payment Due Date shown
on the front of your Statement, which is not less than 27 days from the
Closing Date, to pay the Total Minimum Amount Due.
Applying Your Payments: We may apply your payment to whichever
balances we choose to the extent it does not exceed the Total Minimum
Amount Due shown on your Statement. The amount of your payment
in excess of the Total Minimum Amount Due will be applied to balances
subject to the highest APR prior to balances subject to lower APRs. We
may apply your payment to principal amounts, INTEREST CHARGES, fees
and other charges in any order we choose, and we may change the order of
application of payments from time to time at our discretion.
Availability of Credit: Available credit created as a result of payments
posted to your Credit Account may not be available for up to 20 days, or even
longer if circumstances warrant an additional hold, or if we deem ourselves
at risk for any reason. Your available credit may be limited, from time to
time, if you provide your Credit Account number or Card to a merchant that
processes advance authorizations, such as hotels, motels and car rental.
Such an authorization may limit your ability to make Purchases and take
Cash Advances on your Credit Account until the authorization is canceled
by the merchant and your available credit is released.
Electronic Check Presentment: When you send us a personal check,
you authorize us to either use information from your check to make a one-
time electronic transfer from your account, or to process the payment as a
check transaction. If your check is processed electronically, your canceled
check will not be returned to you by your nancial institution. We will retain
an image of your electronically processed check(s) as required by law. If
requested prior to the time we are allowed by law to destroy electronically
processed checks, we will provide you with a copy of your electronically
processed check(s) upon your request. Funds may be withdrawn from
your bank account as soon as the day your payment is received. We
agree to accept your checking account statement as proof of payment. The
description on your checking account statement will read: PREMIER CR
CARD CHECK-PAYMT, serial number of the check, amount of the payment
and date of the transaction. If you choose to opt out of electronic check
presentment, please call our Customer Service Department at 1-800-987-
5521.
Late Payments: We may accept late payments, partial payments or
checks or other payment instruments marked to impose terms or conditions
of acceptance such as “paid in full” without waiving any of our rights under
this Contract, and no attempt by you to impose any term or condition of
acceptance will be effective against us. Satisfaction of a debt for less
than the full amount due or imposition of any other term or condition on us
requires a written agreement, signed by an authorized Bank representative.
DEFAULT PROVISIONS
Events of Default: You will be in default of this Contract if any of the
following occur on this or any Related Credit Account:
• You do not pay at least the Total Minimum Amount Due on your Credit
Account on or before the Payment Due Date.
• You die or become legally incompetent.
• You become insolvent or bankrupt.
• You exceed or attempt to exceed your Credit Limit.
• You provide us with or have provided us with false or misleading
information or signatures at any time.
• You fail to comply with this Contract.
• You fail to make any payment or perform any promise in any
agreement or obligation you have with us.
• Any judgment, lien, attachment or execution is issued against you or
your property.
• You request an excessive number of replacement Cards.
• We reasonably believe that you will not pay amounts owed to us for
any reason.
If You Are In Default: Upon your default of this Contract, we will have all
remedies provided by law including, without limitation, and without prior
notice or demand, the right to:
• Deny use of your Credit Account.
• Close or refuse to renew your Credit Account.
• Demand the return of your Card(s).
• Declare your entire balance immediately due and payable.
• Initiate collection activity.
• Not replace your Card(s).
Collection Costs: To the extent permitted by law, you must pay all court and
collection costs, including reasonable attorneys’ fees, the costs of placing
your Credit Account in the Warning Bulletin and the costs of conscating
your Card, that we incur as a result of your default.
CLOSING YOUR CREDIT ACCOUNT
We May Suspend or Close Your Credit Account: We may suspend your
Credit Account privileges or permanently cancel and close your Credit
Account at any time, for any reason.
You May Close Your Credit Account: You may cancel your Credit Account
at any time by notifying us by telephone or in writing. Even after your Credit
Account is closed, you remain responsible for paying any amounts you owe
on the Credit Account according to the terms of this Contract. If this is a joint
Credit Account, either of you may request that the Credit Account be closed
and we will honor that request.
Non Use Inactivity Closure: If you have never made a payment or used
your Credit Account for a Purchase or Cash Advance, your Credit Account
will be automatically closed, and all fees posted to your Credit Account will
be reversed, when your Credit Account becomes 50 days delinquent (75
days from the initial Statement Closing Date if you are a resident of the
State of New York).
REFUND DISCLOSURE
Initial Fee Refunds: The following describes our policy concerning the
refund of initial fees (those fees that are billed on your rst statement):
When we will provide a full refund. We will refund the initial fees if you
have not made a Purchase or obtained a Cash Advance and either
of the following are true:
• Your account is closed within 11 days following the payment
due date shown on your rst billing statement; or
• Your account is closed before you pay anything after receiving
a billing statement.
When we will provide a partial refund. If your account is closed more
than 11 days after the payment due date on your rst billing statement,
we will refund the unpaid amount of the outstanding fees even if you
have made a payment after receiving a billing statement as long
as you have not made a Purchase or obtained a Cash Advance.
However, we will not refund any amount you have previously paid,
including any other fees billed to your account.
When we will not provide a refund. We have no obligation to refund
fees or interest after you make a Purchase or obtain a Cash Advance
following receipt of these disclosures.
Credit Limit Increase Fee Refunds: We will refund the Credit Limit
Increase Fee if you reject the credit limit increase within 30 days after the
date of the billing statement on which the fee is billed. This will result in a
reversal of the credit limit increase.
OTHER TERMS AND CONDITIONS
Severability: If any provision of this Contract is invalid or unenforceable,
it shall not affect the validity or enforceability of any other provision of this
Contract.
Changing This Contract: We may change this Contract from time to time.
For example, we may change your Credit Account number or the Minimum
Payment, add new INTEREST CHARGES or fees, change the ANNUAL
PERCENTAGE RATE or change the method of computing the balance
upon which we impose INTEREST CHARGES. We may also make other
changes. We will notify you in writing of any change if required by law.
Contract changes will apply to amounts you owe at the time the change is
effective and to new transactions on your Credit Account, unless otherwise
required by law.
Information Sharing: The following describes your agreement with us with
respect to information sharing. By requesting, obtaining or using a Credit
Account from us you agree that we may release information in our records
regarding you and your Credit Account:
• To comply with any properly served subpoena or similar request
issued by a state or federal agency or court.
• To share your credit performance with Consumer Reporting Agencies
and other creditors who we reasonably believe are or may be doing
business with you on your Credit Account.
• To provide information on your Credit Account to any third party who
we believe is conducting an inquiry in accordance with the Federal
Fair Credit Reporting Act.
• To share information with our employees, agents or representatives
performing work for us in connection with your Credit Account.
• To communicate information as to our transactions or experiences
with you to persons or entities related by common ownership or
afliated by corporate control or with any third party (including non-
afliates).
We may also share information such as: (1) information other than
our own transactions with you with persons or entities related to the
Bank by common ownership or corporate control; or (2) information
on your Credit Account with certain companies to provide or offer
you selected products, services or cardholder benets. You may direct
us not to share one or both of these. If this is your request call 1-800-987-
5521 or notify us in writing at First PREMIER Bank, P.O. Box 5528, Sioux
Falls, SD 57117-5528. Be sure to include your name, address and Credit
Account number. You may receive a copy of our information on your Credit
Account by writing or calling us at the address or telephone number listed
above. By requesting or obtaining a Credit Account, you authorize us to
check your credit history. You authorize your employer, bank and any other
references listed to release and/or verify information to us and our afliates
in order to determine your eligibility for the Credit Account and any renewal
or future extension of credit. If you ask, you will be told whether or not
consumer reports on you were requested and the names of the Consumer
Reporting Agencies, with their addresses, that provided the reports. If
you designate an Authorized User to use your Card, you understand that
account information may also be reported to Consumer Reporting Agencies
in the Authorized User’s name.
No Waiver: Even if we do not exercise any right we may have against you,
we do not intend to waive that right. We can exercise it against you in the
future.
Binding Effect Upon Death or Incompetency: If we pay a merchant
for a Purchase or post a Cash Advance to your Credit Account before we
receive actual written notice of your death or incompetence, or if we pay a
merchant for a Purchase made by you or post a Cash Advance taken by
you prior to your death or incompetence, that transaction will be a valid and
binding Credit Account obligation upon you, your estate and your personal
representatives.
Our Liability To You: We have no liability to you, other than as placed on
us by law. We will meet our duty to care for your Credit Account(s) under
reasonable banking procedures. Our mere clerical error or honest mistake
will not be considered a failure to perform any of our obligations.
Transactions in Foreign Currencies: If you make a transaction in a
foreign currency, it will be converted into U.S. dollars, and you agree to
accept the converted amount. Visa USA, Inc. or MasterCard International,
Inc. will use its currency conversion procedures in effect when processing
the transaction. The currency conversion rate will be a rate selected by Visa
or MasterCard, as applicable, from the range of rates available in wholesale
currency markets for the applicable central processing date, which rate may
vary from the rate Visa or MasterCard itself receives, or the government-
mandated rate in effect for the applicable central processing date, in each
instance, plus a foreign currency transaction fee in the amount disclosed
on your Account Opening Disclosures printed on the card carrier containing
your Card. This fee will be paid to us and applied to all transactions
