Credit Card Agreement and Disclosure Statement
This Agreement and Disclosure sets forth the terms of __________________________
(Name of Banking Institution) , (“ NBI ”), _____________________________ (Name of
Credit Card) Credit Card Agreement and Disclosure. It contains various disclosures
and information required by law. Please read it carefully. The NBI
____________________ (Name of Credit Card) Credit Card Agreement and
Disclosure Statement (hereinafter referred to as Agreement ) covers your
______________________ (Name of Credit Card) Classic and __________________
(Name of Credit Card) Gold Credit Card account (hereinafter referred to as Account )
with NBI (hereinafter referred to as NBI, we, our, or us ). For purposes of this
Agreement, the term credit card or card means a card, plate, coupon book, Loan
Advance Draft, or other single credit device issued pursuant to this Agreement that may
be used from time to time to obtain credit or services pursuant to this Agreement. In this
disclosure, the words you , your and yours refer to the account holder and each and all
of those who apply for and/or use any of NBI ’s ______________________ (Name of
Credit Card) Credit Card Accounts. The word “ATM” means Automated Teller Machine.
The word “EFT” means any Electronic Transfer of Funds other than by check or other
paper instrument that is initiated through an electronic terminal, telephone, computer,
magnetic tape or other communication device for the purpose of providing cash,
debiting, crediting, transferring or inquiring on an account. The word “PIN” means
Personal Identification Number.
___________________________ (Name of Credit Card) Card Agreement and
Disclosure
Use of the ______________________ (Name of Credit Card) Loan Advance Draft is a
cash advance against the ______________________ (Name of Credit Card) Account.
If you have a joint account (accounts with more than one person obligated or authorized
under the Agreement), each account holder has the right to use the account subject to
the credit limit and other terms and conditions as described below. Each account holder
is bound by these terms and conditions, and each of you individually will be liable for all
fees and charges, even if only one of you uses the account. Whenever used, herein, the
singular includes the plural. If you authorize someone else to use your
__________________________ (Name of Credit Card) Credit Card or PIN you are
responsible for all transactions which that person initiates at any time, even if the
amount of the transaction exceeds what you authorize.
Credit Card Account Services: These services are available through your Account, up
to the amount of your credit limit.
Purchases: You can use your Account to purchase goods or services where
_____________________ (Name of Credit Card) Credit Cards or
_____________________ (Name of Credit Card) Loan Advance Drafts are accepted.
Cash Advances: You can get a Cash Advance (loan) in person at NBI . You can also
get a Cash Advance (loan) from your Account by using an ATM which is designated as
Accepting _______________________ (Name of Credit Card) Cards, by negotiating a
Loan Advance Draft or by presenting your Credit Card at a financial institution that
accepts _____________________ (Name of Credit Card) Credit Cards. A transaction
which results in an overdraft to your Checking Account may be treated as your request
for a Cash Advance from your Credit Card Account, as indicated in the “Overdrafts”
section under “Additional Fees and Terms”. You may not obtain a cash advance if your
Account is delinquent, closed or the amount of the advance requested would cause
your balance to go over your credit limit. You agree to the following terms and
conditions and any amendments thereto. By requesting and receiving, signing, using or
permitting others to use a ______________________ (Name of Credit Card) Credit
Card (hereafter referred to as “Credit Card”) issued to you by NBI , you agree as the
cardholder to the following terms:
A. MAXIMUM CREDIT LIMIT: You have applied to NBI for a “Credit Card” Personal
Line of Credit Account. The loan which NBI may extend to you under this account shall
at no time exceed the assigned credit limit, hereafter referred to as the Maximum Credit
Limit.
B. LOANS COVERED: There are two types of credit available to you under this
Agreement. You may utilize the Credit Card to charge purchases of goods and services
at businesses where ___________________ (Name of Credit Card) Credit Cards are
accepted. Additionally, you may utilize the credit extended herein to receive cash
advances from NBI or other institutions honoring the Credit Card. Any financial service
provided by the NBI may only be used for any transaction permitted by law.
LOAN ADVANCE DRAFTS: You may also access your credit line by utilizing the
____________________ (Name of Credit Card) Loan Advance Drafts that may be
provided to you.
1. NBI will honor and pay Loan Advance Drafts up to your credit limit as long
as they are drawn on forms authorized by NBI and presented before the
expiration date on the draft.
2. You may request a stop payment on any Loan Advance Draft payable
against your account but it must be in writing. NBI must receive the written
request in time to afford a reasonable opportunity to act upon it by their
rules. A stop payment is only honored for six (6) months.
3. If a ____________________ (Name of Credit Card) Credit Card is
reported lost or stolen, the loan advance drafts are null and void.
4. You agree to hold NBI harmless and to indemnify it from any liability
incurred due to a delay or misrouting of the Loan Advance Draft where the delay
or misrouting is caused by markings placed on the check by you or a prior
endorser that obscure any depository endorsement placed by NBI or its agent.
5. For the purpose of calculating finance charges, Loan Advance Drafts are
the same as Cash Advances.
6. NBI may recognize the signature of anyone who signed the credit
application for the ___________________ (Name of Credit Card) account as
authorized to transact any business on this account.
7. Loan Advance Drafts may not be used to pay any amount you owe under
this Agreement or under any other credit agreement or account you hold with
NBI .
C. REQUEST FOR A LOAN: You agree that each use of the Credit Card
constitutes a loan in the amount of the item. You agree not to exceed the approved
Maximum Credit Limit under this Agreement. At the request of NBI , you agree to
return the Credit Card. You are responsible for safekeeping of the Credit Card.
D. CREDIT LIMITS: You agree not to exceed the Maximum Credit Limit and
understand that NBI is not required to extend credit in excess of your Credit Limit or
after the termination of this account. A delay of up to three (3) business days may occur
in the posting of payments and credits to your account, during which time your available
credit limit will not reflect recent payments and credits.
E. FOREIGN TRANSACTIONS AND CHARGES: To the extent that you have used
the ___________________ (Name of Credit Card) Credit Card to purchase goods or
services, or obtain cash in another country, the statement may reflect the conversion
into U.S. dollars of transactions which initially occurred in a different currency. The
exchange rate between the transaction and billing currency will be a rate selected by
_______________________ (Name of Credit Card) from a range of rates available in
the wholesale currency markets for the applicable processing date, which rate may vary
from the rate ____________________ (Name of Credit Card) itself receives, or the
government mandated rate in effect on the applicable central processing date, in each
instance, plus a 1% adjustment assessed by NBI .
F. __________________ (Name of Credit Card) CLASSIC FINANCE CHARGES:
The DAILY PERIODIC RATE used in calculating the FINANCE CHARGE is .0408219%
which corresponds to a current ANNUAL PERCENTAGE RATE of 14.9% for
____________________ (Name of Credit Card) Classic purchases and advances. You
can avoid FINANCE CHARGES on purchases by paying the full amount of the new
balance of purchases each month within 25 days of the statement closing date.
Otherwise, the new balance of purchases, and the subsequent purchases from the date
they are posted to the Account, will be subject to FINANCE CHARGES. Cash Advances
(which may include overdraft transfers) are always subject to FINANCE CHARGES
from the date they are posted to the account. The FINANCE CHARGE for each billing
cycle will be calculated by multiplying the Average Daily Balance (see explanation
below) of the Account for the billing cycle by the Daily Periodic Rate as disclosed above,
and multiplying this by the number of days in the billing cycle. FINANCE CHARGES are
payable before and after any default on this Agreement.
G. _____________________ (Name of Credit Card) GOLD FINANCE CHARGES:
FINANCE CHARGES on ____________________ (Name of Credit Card) Gold
transactions are computed using a variable rate of interest. Changes in the Annual
Percentage Rate and Daily Periodic Rate will then be made on the first day of the billing
cycle (the change date) and will correspond to changes in the Index. The Index is the
Prime Rate as published in the Wall Street Journal on the first day of the month. (If
more than one rate or a range of rates is published, the highest rate will apply.) The
Annual Percentage Rate is determined by adding 6.9 percentage points to the Index in
effect on the first day of the month preceding the change date. On any change date, the
Annual Percentage Rate may not exceed the rate then being charged by us on our fixed
rate ____________________ (Name of Credit Card) Classic Accounts. An increase in
the Annual Percentage Rate will have the effect of decreasing the portion of any
payment applied to reduction of the principal account balance and may, therefore,
increase the number of minimum payments necessary to pay off the account. The
current Daily Periodic Rate used in calculating the Finance Charge on
________________________ (Name of Credit Card) Gold is .0360274% which
currently corresponds to an ANNUAL PERCENTAGE RATE of 13.15%. You can avoid
FINANCE CHARGES on purchases by paying the full amount of the new balance of
purchases each month within 25 days of the statement closing date. Otherwise, the new
balance of purchases, and the subsequent purchases from the date they are posted to
the Account, will be subject to FINANCE CHARGES. Cash Advances (which may
include overdrafts transfers) are always subject to FINANCE CHARGES from the date
they are posted to the account. The FINANCE CHARGE for each billing cycle will be
calculated by multiplying the Average Daily Balance (see explanation below) for the
Account for the billing cycle by the Daily Periodic Rate as disclosed above, and
multiplying this by the number of days in the billing cycle. FINANCE CHARGES are
payable before and after any default on this Agreement.
H. CALCULATION OF AVERAGE DAILY BALANCE: We calculate the Average
Daily Balance (the balance which is subject to the Daily Periodic Rate) as follows:
The Average Daily Balance for the account, for the billing cycle, is the average of the
ending balance for each day of the billing cycle. To calculate the ending balance each
day, we take the outstanding balance (all amounts you owe) at the start of the day.
Then, in the sequence in which the amounts post to the account, we add the amounts of
all debits and subtract the amounts of all payments and credits which post to the
account that day. Payments are applied first to any fees, then to Finance Charges, and
then to purchases and advances. Credits are applied to the original purchase or cash
type of debt which is being credited. We add together all the Daily Balances for each
day in the billing cycle and divide the total by the number of days in the billing cycle. The
result is the Average Daily Balance for that billing cycle.
I. ANNUAL FEE: [__________________ (Name of Credit Card) Gold only)] An
annual fee of $24 will be assessed during the same “anniversary month” each year. The
annual fee will be waived provided that a minimum of $2,500 in goods or service
purchases after deducting credits have been made during the previous 12 month
period. The annual fee is payable when posted and is nonrefundable.
J. PAYMENT: NBI will send to you, at monthly intervals determined by NBI , a
statement reflecting all _____________________ (Name of Credit Card) Card and
related transactions for the prior monthly period. Such statement shall be deemed
correct and accepted by you unless the NBI is notified to the contrary in writing within
60 days of the mailing of such statement. You agree to pay at least the minimum
payment shown on your periodic statement. The minimum payment will be 3% of your
new balance or $25 (whichever is greater), plus amounts which are past due and any
amount by which your new balance exceeds your credit limit. Balances of less than $25
are due in full. You promise to make your payment by the date specified as the payment
due date on your account statement.
K. RETURNS AND ADJUSTMENTS: Merchants and others who honor the Credit
Card may give credit for returns or adjustments, and they will do so by sending us a
credit that we will post to your account. If the credits and payments exceed what you
owe us, we will apply this credit balance against future purchases, or refund it upon your
written request. Credit balances over 180 days old will be transferred to your
___________________________ (Name of account, e.g., NBI Savings Account) .
L. PAYMENT DUE DATE: You will be notified on a Periodic Statement by NBI of
payment due dates which will be effective upon use of this account.
M. LIABILITY FOR UNAUTHORIZED USE: Tell us at once if your
_____________________ (Name of Credit Card) Credit Card or PIN is lost or stolen or
if you suspect any unauthorized use of your _____________________ (Name of
Credit Card) Credit Card or PIN. You may be liable for the unauthorized use of your
card. You will not be liable for unauthorized use that occurs after you notify us in writing
at P.O. Box __________,
_______________________________________________________ (Name of City,
State and Zip Code) , or by phone at ___________________________ (phone
numbers) of the loss, theft, or possible unauthorized use of your Card. Borrower agrees
to notify NBI in writing at P.O. Box __________, _________________
__________________________________________________________ (Name of
City, State and Zip Code) , or by phone at _________________________________
(phone numbers) , or any other reasonable means that an unauthorized use of this
account has occurred or may occur as the result of loss or theft of the Credit Card or
other instruments identifying this account, immediately after your discovery thereof, and
shall reasonably assist the Credit Card Security Department and NBI in determining the
facts and circumstances relating to any unauthorized use of the account. If you fail to
notify us within 60 days from the date a statement was mailed to you that included an
unauthorized charge, you may not be reimbursed for unauthorized transactions that
occurred. If your notification is within 60 days, your liability will not exceed $50.
N. LOST OR STOLEN CARD OR PIN: If you believe your Card and/or PIN has
been lost or stolen or that someone has transferred or may transfer money from your
account without your permission, call us immediately at _________________________
(phone numbers) or write to NBI , at P.O. Box __________, _____________________
____________________________________ (Name of City, State and Zip Code) .
Notice may be given orally or in writing of the loss, theft or possible unauthorized use of
a Credit Card.
YOUR BILLING RIGHTS
– KEEP THIS NOTICE FOR FUTURE USE –
This notice contains important information about your rights and your responsibilities
under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS
ABOUT YOUR STATEMENT. If you think your statement is wrong, or if you need more
information about a transaction on your statement, write us on a separate sheet at the
address listed on your statement. Write to us as soon as possible. We must hear from
you no later than 60 days after we sent you the first statement on which the error or
problem appeared. You can telephone us, but doing so will not preserve your rights. In
your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error. If
you need more information, describe the item you are not sure about.
If you have authorized us to pay your Credit Card Account automatically from your
_______________________ (type of account) , checking account, or through payroll
deduction, you can stop the payment on any amount you think is wrong. To stop the
payment, your letter must reach us three business days before the automatic payment
is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR
WRITTEN NOTICE: We must acknowledge your letter within 30 days, unless we have
corrected the error by then. Within 90 days, we must either correct the error or explain
why we believe the statement was correct. After we receive your letter, we cannot try to
collect any amount you question, or report you as delinquent. We can continue to send
statements to you for the amount you question, including finance charges, and we can
apply any unpaid amount against your credit limit. You do not have to pay any
questioned amount while we are investigating, but you are still obligated to pay the parts
of your statement that are not in question.
If we find that we made a mistake on your statement, you will not have to pay any
finance charges related to any questioned amount. If we didn’t make a mistake, you
may have to pay finance charges, and you will have to make up any missed payments
on the questioned amount. In either case, we will send you a statement of the amount
you owe and the date that it is due. If you fail to pay the amount that we think you owe,
we may report you as delinquent. However, if our explanation does not satisfy you and
you write to us within ten days telling us that you still refuse to pay, we must tell anyone
we report you to that you have a question about your statement. And, we must tell
you the name of anyone we reported you to. We must tell anyone we reported you to
that the matter has been settled between us when it finally is.
If we don’t follow these rules, we can’t collect the first $50 of the questioned amount,
even if your statement was correct.
SPECIAL RULE FOR CREDIT CARD PURCHASES: If you have a problem with the
quality of property or services that you purchased with a 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 property or services. There are two limitations on this
right (a) You must have made the purchase in your home state, or if not within your
home state, within 100 miles of your current mailing address; and (b) The purchase
price must have been more than $50. These limitations do not apply if we own or
operate the merchant, or if we mailed you the advertisement for the property or
services.
IN CASE OF ERRORS OR QUESTIONS ABOUT
YOUR ELECTRONIC FUND TRANSFERS
Telephone us at _____________________________ (phone numbers) or write us at
NBI , P.O. Box _________, ________________________________________________
_____________ (Name of City, State and Zip Code) , as soon as you think your
statement is wrong or if you need more information about a transaction listed on the
statement or transaction receipt. You must tell us no later than sixty (60) days after the
FIRST statement is sent to you on which the problem or error appeared.
1. Tell us your name and account number.
2. Describe the error or the transfer you are unsure about, and explain as
clearly as you can why you believe it is an error or why you need more
information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we will require that you send us your dispute in writing within ten
(10) business days. We will tell you the results of our investigation within ten (10)
business day and will correct any error promptly. If we need more time, however,
we may instead take forty-five (45) calendar days to investigate your dispute or
question. If we decide to do this, we will re-credit your account within ten (10) business
days for the amount you think is in error, so that you will have use of the money during
the time it takes us to complete our investigation. If we ask you to put your dispute or
question in writing, and we do not receive it within ten (10) business days, we may
choose not to provisionally credit your account during the additional time that may be
required to investigate your dispute or question.
EXCEPTION: We have up to twenty (20) business days to provisionally credit your
account if the notice of error involves an electronic funds transfer to or from an account
within thirty days after the first deposit to the account was made (i.e. a new account).
For new account transactions, foreign-initiated transactions, or those resulting from
ATM, terminal, mail, Internet and/or telephone transactions, we may take up to 90
calendar days to complete our investigation.
If we decide that there was no error, we will send you a written explanation within three
(3) business days after we finish our investigation. You may ask for copies of the
documents that we used in our investigation.
UNAUTHORIZED _____________________________ (Name of Credit Card)
TRANSACTIONS-PROVISIONAL CREDIT:
If you notify us of unauthorized transactions we will provide a provisional credit to your
account within (5) business days of the notification. If you tell us orally, we will require
that you send us your dispute in writing within ten (10) business days. We will
not credit your account until your written dispute is received. We may require that you
complete an Affidavit of Unauthorized Use. Provisional credit is given so that you may
have use of the money during the time it takes us to complete our investigation. We
may withhold providing provisional credit, to the extent allowed under applicable law, if
the circumstances or account history warrants such a delay.
ADDITIONAL FEES AND TERMS
OWNERSHIP OF CARD: The __________________________ (Name of Credit Card)
Credit Card is the property of NBI and you agree to surrender the Card to NBI upon
demand. We may revoke the Card at any time without notice or liability. You may
designate authorized users to have access to your _____________________________
(Name of Credit Card) account and be issued a card on your account. To set up an
authorized user, your signed written request must be submitted to NBI . The request
must include the authorized user’s name(s), address(es), Social Security Number(s),
mother’s maiden Name(s), birth date(s), telephone number(s) and the signature of each
authorized user to whom you want a card issued. However, if you do, you must pay us
for all charges made by those persons, including charges for which you may not have
intended to be responsible. You must notify us to revoke an authorized user’s
permission to use your account. If you do so, we may close the account and issue a
new card or cards with a different account number. You are responsible for the use of
each card issued on your account according to the terms of this Agreement.
PREAUTHORIZED CHARGES: If you default, if the card is lost or stolen or we change
your account or account number for any reason, we may suspend automatic charges on
that account to third party vendors for insurance premiums of other goods or services. If
preauthorized charges are suspended, you must contact the third party vendor to
reinstate them. You are responsible for making direct payment for such charges until
you reinstate automatic charges.
CLOSING YOUR ACCOUNT: You may close your account at any time by notifying us
in writing. However, you remain responsible to pay the total balance according to the
terms of this Agreement. We may close your account or suspend your account
privileges at any time for any reason without prior notice. We may also reinstate a
different card, account number, or different checks at any time. You must return the
card or checks to us upon request.
REFUSAL OF THE CARD: We are not responsible if a transaction on your account is
not approved, either by us or a third party, even if you have sufficient credit available.
We may limit the number of transactions that may be approved in one day. If we detect
unusual or suspicious activity on your account, we may temporarily suspend your credit
privileges until we can verify the activity. We may approve transactions that cause the
balance to exceed your revolving credit line without waiving any rights under this
Agreement.
_______________________________ (Name of Credit Card) ATM TRANSACTION
LIMITATIONS: ___________________________ (Name of Credit Card) ATM
transactions are limited to five (5) per day with a maximum cash withdrawal of $500 per
day or your available credit limit, whichever is smaller.
PERSONAL IDENTIFICATION NUMBER: We will issue a Personal Identification
Number (PIN) to you. This PIN will allow you to make cash withdrawals at
____________________________ (Name of Credit Card) ATMs. Your PIN is your
secret code. You agree not to disclose your PIN to anyone. See ATM Safety Tips listed
later in this agreement.
RENEWAL OF CARD: For your protection, your ________________________ (Name
of Credit Card) Card is issued with an expiration date. Upon expiration of your
___________________________ (Name of Credit Card) Card, if your account is
active and in good standing, we may issue you a renewal Card. We may not issue a
renewal Card if your account is not in good standing.
OVERDRAFTS: We may transfer funds from your regular and ____________________
(name of account) account(s), Money Market, and/or your ______________________
(Name of Credit Card) or _________________________ (name of program ) Line of
Credit to pay overdrafts to your checking account. Transfers from your Share and
Money Market Accounts are limited to six (6) per month. Unless you direct us
differently in written notice to us, we will first make such transfers from the
________________________ (name of account) account (if funds are available), then
from any ________________________ (Name of Credit Card) Gold account (up to the
credit limit) and then from any _______________________ (Name of Credit Card)
Classic account (up to the limit). Transfer from Share and Money Market accounts will
be in the exact increments. Transfers from the __________________________ (Name
of Credit Card) and ______________________ (name of program ) accounts will be in
$50 increments and are subject to FINANCE CHARGES as Cash Advance.
CROSS ACCOUNTS: By requesting overdraft protection through funds transfers from a
different NBI Account, a cross account relationship must be set up. You understand and
agree that this cross account relationship will automatically be activated for NBI Online
and ____________________ (name of program) , enabling cross-account transfers via
any of NBI ’s electronic services.
ILLEGAL TRANSACTIONS: You agree that illegal use of any financial service will be
deemed an action of default and/or breach of contract and such service and/or other
related services may be terminated at NBI ’s discretion. You further agree, should illegal
use occur, to waive the right to sue NBI for such activity directly or indirectly related to it.
You also agree to indemnify and hold NBI harmless from any suits or other legal action
or liability, directly or indirectly, resulting from such illegal use. You are prohibited from
using your _______________________ (Name of Credit Card) Card or your card
number for illegal transactions including, but not limited to internet gambling. You agree
to indemnify NBI of illegal transactions you conduct using your ____________________
(Name of Credit Card) Credit Card or card number.
DEFAULT: You will be in default if you fail to make any Minimum Payment within 25
days after the end of the Statement Period. You will also be in default if your ability to
repay us is materially reduced by an increase in your obligations, bankruptcy or
insolvency proceedings involving you, your death, your failure to abide by this
Agreement, or if the value of our security interest materially declines. We have the right
to declare, without Notice, your full account balance immediately due and payable
if you default. You will also be required to pay our collection expenses, including court
costs and reasonable attorney’s fees. The Annual Percentage Rate (APR) set forth in
this Agreement shall continue to apply to principal outstanding after breach.
CROSS DEFAULT: You understand and agree that any breach or default of the terms
and conditions of this Agreement for the ______________________ (Name of Credit
Card) Card Account shall also be deemed to be a default of any and all other loans, line
of credit accounts and credit card agreements you now have with NBI or obtain in the
future with NBI . Further, you understand and agree that any breach or default of the
terms and conditions of any other loans, line of credit accounts or credit card
agreements you now have with NBI or obtain in the future with NBI shall be deemed to
be a default of the terms and conditions of the Agreement for this _________________
(Name of Credit Card) Credit Card. This “Cross Default” Agreement shall not apply to
any loan, line of credit account or credit card agreement secured by real property,
property used as a primary dwelling or where otherwise prohibited by Federal or State
Law or Regulation.
TERMINATION OF CREDIT AND ACCELERATION OF PAYMENT:
You understand that future advances under this Agreement may be terminated under
any of the following conditions:
1. In the event of default; or
2. Upon failure of you to satisfy the terms of this Agreement; or
3. Upon your failure to make any loan payment when due on any loan with
NBI ; or
4. If you have made or do make any false or misleading statements in
furnishing financial and other information to NBI ; or
5. If any attachment, execution or other legal process issued against any of
the property of yours; or
6. Upon adverse re-evaluation of your credit worthiness; or
7. You fail to provide the NBI with a current credit application when
requested; or
8. At the option of NBI or you with good cause.
COLLECTIONS: You agree that NBI shall be entitled to recover any money owed by
you as a result of your use of the ______________________ (Name of Credit Card)
Card and you agree to repay any withdrawals which create an overdrawn balance upon
demand or if you are in default or have failed to satisfy your financial obligation to us.
NBI has a security interest in your present and future deposits and has the right to apply
deposits to any money you owe without further notice to you. If any legal action is
required to enforce any provision of this Disclosure and Agreement or to recover money
owed by you, you agree to pay all costs, including collection costs, attorney’s fees, court
costs, and any other charges incurred.
RESPONSIBILITY OF BORROWER/CARDHOLDER: You are required and do hereby
agree to report to NBI any change in your NAME, ADDRESS or EMPLOYMENT. You
agree to keep your card(s), PIN(s) and account number(s) confidential and in a secure
location, not easily accessible to unauthorized users. You agree not to consummate any
consumer credit transaction under this Agreement upon knowing that credit privileges
under this account have been terminated or suspended.
PERSONAL FINANCIAL INFORMATION: You agree to complete a new application at
any time we request, and you understand that we reserve the right to re-examine and
re-evaluate your financial condition at any time. You authorize us to obtain information
from others, such as merchants or credit reporting agencies, concerning you and your
credit accounts. You also authorize us to respond to requests from others for credit
information about you and your account.
POSTAL SERVICE: NBI assumes no responsibility for the mail. Payments will be
credited to the account on the date RECEIVED. Please allow 7 to 10 working days for
mail payments.
AMENDMENTS: NBI may amend this Agreement, from time to time, upon proper
advance notice to you. The new terms, including any increases or decreases in the
charges, shall apply to all credit extended on and after the effective date and to any
unpaid outstanding balance owed to NBI by you on the effective date.
LIABILITY OF ALL PERSONS SIGNING: Each borrower acknowledges that he/she
shall be individually and jointly liable for the payment of all sums owing under the terms
and provisions hereof. Your obligation to pay for charges on your line of credit account
continues regardless of agreements, divorce decrees or other court judgments to which
we are not a party.
COPY RECEIVED: By using your _________________________ (Name of Credit
Card) Credit Card, you acknowledge receipt of a copy of this Disclosure and
Agreement.
APPLICABLE LAW: This Agreement and Disclosure Statement shall be construed and
governed in accordance with the laws of the State of _____________________ (name
of state) .
SEVERABILITY: If any part of this Agreement and Disclosure Statement should be held
to be unenforceable, the remaining provisions shall remain in full force and effect.
OTHER CHARGES: Other charges which may be added to your account include:
LATE CHARGE: A late charge of $10 will be assessed to your account if your payment
is not received within 10 days of the payment due date specified on your monthly
statement.
OVER-LIMIT CHARGE: If you make a transaction with your ______________________
(Name of Credit Card) Credit Card which results in your balance being over the credit
limit, an over-limit charge of $10 may be assessed to your account at the end of the
statement cycle during which the over limit condition occurred. line of credit which is
returned to us for any reason will result in a returned check fee of $5 charged to your
account.
FEE FOR TRANSFER FROM (name of type of account): Any funds transferred from
your _______________________ (name of type of account) Regular Share Account
to cover a check, ACH, Debit or ____________________ (Name of Credit Card)
transaction will result in a $2 fee.
REPLACEMENT CARDS: A fee of $5 will be assessed to your account whenever we
furnish you with a new card to replace one which you lost or destroyed. This fee will not
be charged for cards which we reissue on a periodic basis to replace those cards which
expire.
COPIES OF TRANSACTION SLIPS: We will charge your account $12 for each copy of
a sales, cash advance or transaction slip we furnish to you in response to your request.
DUPLICATE STATEMENTS: We will charge your account $.50 for each duplicate copy
of your monthly statement we furnish to you in response to your request.
RESEARCH CHARGES: We will charge your account $10 per hour for research we
perform in response to an inquiry from you relative to your account.
CARD RECOVERY CHARGE: If we are required to pay a reward for the recovery of
your lost, stolen or revoked card, we may apply such charges to your account. The
charge will not exceed the actual cost incurred, with a minimum charge of $55.
SAFETY TIPS FOR USING YOUR __________________________ (Name of Credit
Card) CREDIT CARD
Your Credit Card provides you quick, convenient access to your Credit Line. We
encourage you to be careful when using your Card. Here are some valuable tips:
Memorize your PIN. Do not write it on your Card or have it written down on
anything in your wallet.
Keep your PIN a secret. Do not reveal your PIN to anyone. Someone you trust
today may not be trustworthy tomorrow. If you suspect unauthorized use, notify
NBI immediately.
Keep your Credit Card in a safe place. Protect it. If it is lost or stolen, notify NBI
immediately.
Be aware of your surroundings. If someone looks suspicious or if the ATM is not
well lit, choose another ATM in a safer location.
Consider having another person accompany you to the ATM.
When using an ATM, shield your actions so that people nearby can’t see you
enter your PIN or perform your transaction.
Put your money and receipt away before leaving the ATM.
Never give information about your Credit Card or account to strangers.
Don’t fall for “con” games. Use caution when asked to provide your Card number
over the telephone or Internet.
Report any suspicious requests to NBI as soon as possible.
Sign the back of your card upon receipt.
NOTICE: IF YOU DO NOT AGREE TO THE TERMS OF THIS DISCLOSURE AND
AGREEMENT, DESTROY YOUR ______________________ (Name of Credit Card)
CREDIT CARD IMMEDIATELY BY CUTTING IT IN HALF AND RETURN IT TO NBI ,
__________________________________________________________ (Name of
City, State and Zip Code) .
SPECIAL PROVISION FOR COLLATERAL
CROSS-COLLATERALIZATION: YOU UNDERSTAND AND AGREE THAT THE
PERSONAL PROPERTY SECURITY FOR EACH LOAN YOU HAVE WITH THE NBI
(ANY AND ALL PROCEEDS THEREOF), IF ANY, SHALL SECURE THIS CREDIT
CARD ACCOUNT AND ANY AND ALL OTHER LOANS, LINE OF CREDIT
ACCOUNTS AND CREDIT CARD ACCOUNTS YOU NOW HAVE WITH NBI OR
OBTAIN IN THE FUTURE WITH THE NBI : IN ADDITION, ANY PERSONAL
PROPERTY (AND ANY AND ALL PROCEEDS) THEREOF AND ALL INSURANCE
PROCEEDS AND INSURANCE PREMIUM REFUNDS SECURING OTHER LOANS,
LINE OF CREDIT ACCOUNTS AND CREDIT CARD ACCOUNTS YOU NOW HAVE
WITH NBI OR OBTAIN IN THE FUTURE WITH NBI WILL ALSO SECURE ALL FUNDS
ADVANCED BY NBI UNDER THIS CREDIT CARD ACCOUNT. THIS “CROSS
COLLATERALIZATION” AGREEMENT SHALL NOT APPLY TO ANY LOAN, LINE OF
CREDIT AGREEMENT OR CREDIT CARD AGREEMENT SECURED BY REAL
PROPERTY, PROPERTY USED AS A PRIMARY DWELLING OR WHERE
OTHERWISE PROHIBITED BY FEDERAL OR STATE LAW OR REGULATION.
SECURITY INTEREST-PLEDGE OF DEPOSITS: YOU HEREBY PLEDGE ALL YOUR
DEPOSITS IN NBI (INCLUDING SAVINGS AND CHECKING ACCOUNTS), WHICH
YOU NOW HAVE OR HEREAFTER MAY HAVE IN NBI AS SECURITY FOR LOANS,
INTEREST, LATE CHARGES COST OR EXPENSES. IN THE EVENT OF DEFAULT IN
PAYMENT, YOU HEREBY AUTHORIZE NBI TO APPLY SAID DEPOSITS TO THE
PAYMENT OF SAID LOANS, INTEREST, LATE CHARGES, OR EXPENSES. THE
FOREGOING PLEDGE OF DEPOSITS DOES NOT APPLY TO ANY DEPOSITS HELD
IN ANY INDIVIDUAL RETIREMENT ACCOUNT.
