Updated Contact Information. You agree to notify us within 15 days after changing your name, e-mail address, mailing address, or phone number. We will rely on the address we have for you in our records for any Account communications we send to you unless and until either you or the U.S. Postal Service notifies us of a change of address. If your Account is a joint Account, each of you appoints the other as your agent to designate the address to which any and all Account communications, including the account statement, may be sent to you.
MILITARY LENDING ACT PROTECTIONS
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 percent. 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). To receive this disclosure by phone, please call 1-800-272-2102 and select the option for Military Lending Act oral disclosures.
ARBITRATION AND JURY TRIAL WAIVER
NOTE: If you are a Covered Borrower under the Military Lending Act Regulations, you are not required to submit to arbitration in the case of a dispute. If you were a Covered Borrower under the Military Lending Act Regulations with regard to any prior agreement, this arbitration clause does not cover any claims related to that prior agreement.
You agree that either you or we can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this Agreement or the Account and credit issued thereunder (individually and collectively, a 'Claim'). This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. If arbitration is chosen by any party, the following will apply:
(a) NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES.
(b) Arbitration will only decide our or your Claim, and you may not consolidate or join the claims of other persons who may have similar claims. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
(c) The arbitration will be performed in accordance with this Arbitration Provision and the rules of the chosen arbitrator in effect when the Claim is filed.
(d) Other rights that you would have if you went to court might also not be available in arbitration.
If arbitration is elected, any claim will be resolved pursuant to this provision and the American Arbitration Association ('AAA') rules and procedures ('Rules') in effect at the time the claim is filed. If for any reason the AAA is unable or unwilling or ceases to serve as arbitration administrator, another nationally recognized arbitration organization utilizing similar rules and procedures will be substituted by us. If the AAA is selected, the arbitration will be handled according to its Commercial Arbitration Rules.
This provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U. S. C. §§ 1 et seq., as amended ('FAA'). The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA and except that, if the amount in controversy exceeds $100,000, any party can appeal the award to a threearbitrator panel administered by the AAA, which will reconsider de novo any aspect of the initial award requested by the appealing party. The decision of the panel will be by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal.
You may obtain rules and forms for the AAA by contacting the AAA at 1-800-778-7879 or www.adr.org.
Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request, we will temporarily advance your filing and hearing fees for any Claim you may file against us. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration. Unless inconsistent with applicable law, each party will bear the expense of that party's attorneys', experts' and witness fees, regardless of which party prevails in the arbitration. We will also pay any fees or expenses that applicable law requires us to pay.
This provision will survive termination of your Account, as well as the repayment of all outstanding amounts incurred in connection with this Agreement. If any portion of this provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, it will not invalidate the remaining portions of this arbitration provision or the Agreement. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this provision will govern.
OTHER DEFINED TERMS
'Applicable law' refers to any applicable (a) federal, state or local statutes, regulations, licensing requirements, regulatory bulletins or guidance, regulatory examinations, agreements or orders, (b) rule, regulation, restriction, requirement or contractual term of Visa, and (c) judicial or administrative interpretations of any of the foregoing.
'Available credit' is the amount equal to your credit limit less your outstanding balance (including all principal, accrued interest and fees, whether billed or unbilled.
The word 'Card' refers to both the physical Card and any use of a Card. The word 'use' shall include any presentation of the Card or disclosure of its associated account number or PIN in any manner that permits someone to purchase goods and services or obtain a cash advance. Using smart phones, tablets, or other electronic devices that store your Card for purposes of credit transactions (e.g. through a mobile wallet or other application) will also be considered a 'use' of the Card.
'Credit limit' refers to the maximum permitted outstanding balance for your Account (including all principal, accrued interest and fees, whether billed or unbilled).
'PIN' refers to your personal identification number that may be used to access your account at certain terminals (e.g. ATMs) or by phone.
GENERAL
Waiver of Rights. Except as may be prohibited by applicable law, you agree to waive any right you may have for us to act promptly in bringing any action(s) against you (known as diligence); to demand payments of amounts due (known as presentment); to obtain an official certification of non-payment (known as protest); and to give notice that amounts due will not be paid (known as notice of dishonor or notice of default and non-payment).
Privacy Policy. You authorize us to share information about you and your Account as permitted by law. See our Privacy Policy for details about our information sharing practices.
Assignment. You may not sell, assign or transfer your Account or Card or any of your rights and obligations under this Agreement. We may, however, sell, assign or transfer your Account, or any balance due thereunder, and our rights and obligations under this Agreement to another entity without your consent and without prior notice. That entity will take our place in this Agreement.
Severability. If any provision of this Agreement is deemed to be void or unenforceable by a court of competent jurisdiction or any governmental agency, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of this Agreement. All other provisions of this Agreement will, however, remain in full force and effect.
Governing Law. This Agreement is entered into between you and us in the State of Arkansas and all credit issued under this Agreement is issued from the State of Arkansas. Your Account and this Agreement, and any claim, dispute or controversy arising from or relating to your Account or this Agreement, is governed by, and construed in accordance with the laws of the State of Arkansas.
Entire Agreement. You acknowledge that this Agreement and all Account Documents, as amended from time to time, make up the entire agreement between you and us and supersedes any prior or contemporaneous written or oral communications or understandings between you and us concerning your Account and the Card.
Section Headings. The Section headings used in this Agreement are only meant to organize this Agreement, and do not in any way limit or define your or our rights or obligations hereunder.
STATE NOTICES
CALIFORNIA RESIDENTS: A married applicant may apply for a separate account.
CALIFORNIA AND NEVADA RESIDENTS: Pursuant to this Agreement, interest is compounded on unpaid amounts.
MARYLAND RESIDENTS: Finance Charges will be imposed in amounts or at rates not in excess of those permitted by law. You have the right under Section 12-510 of the Commercial Law Code to receive an answer to a written inquiry concerning the status of your account.
NEW JERSEY RESIDENTS: Because certain provisions of this Agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, except for clause (k) in the 'Default' section, however, is void, unenforceable or inapplicable in New Jersey.
NEW YORK RESIDENTS: Your signature (including any electronic or digital signature) on any Application or on any sales slip or other evidence of indebtedness on your Account or any action that you may take to begin a transaction represents your signature on this Agreement.
OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.
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: Simmons Bank, P.O. Box 84042, Columbus, GA 31908-4042. You may also contact us on the Web at: www.simmonsbankcards.com In your letter, give us the following information:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us:
Within 60 days after the error appeared on your statement.
At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing 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:
Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
Within 90 days of receiving your letter, we must either correct the error or explain 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 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:
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 is 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.)
You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at:
Simmons Bank P.O. Box 84042 Columbus, GA 31908-4042 www.simmonsbankcards.com
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.
Simmons Bank VISA ® Credit Card Agreement:
Simmons Visa, Simmons Signature Visa, Simmons Red Rewards VISA
You should thoroughly review and retain a copy of this Agreement and the Account Documents. This Agreement, the Summary of Rates and Terms which is incorporated into this Agreement, and all other Account Documents, as defined below, govern the terms and conditions of your credit card account (the 'Account') issued by Simmons Bank. ' Summary of Rates and Terms ' are defined as the credit card tabular format of Truth in Lending Act disclosure requirements that promote informed use of consumer credit about our credit card's terms and cost. These disclosures may have been received by you as 'Application Disclosures;' 'Account Opening Disclosures;' or 'Credit Card Disclosures.' If you did not receive a table with the headings of 'Interest Rates and Interest Charges' and 'Fees' for retention with your credit card Account Documents, please contact us immediately.
As used in this Agreement, 'you' and 'your' mean each applicant and co-applicant for the Account, any person responsible for paying the Account, and any person to whom we issue a Card at your request. 'We,' 'us,' and 'our' mean Simmons Bank (located in Pine Bluff, Arkansas) and its successors, and assignees. 'Account Documents' means this Agreement, the Summary of Rates and Terms, all statements, the terms and conditions of any rewards program applicable to your Account; the privacy notice of Simmons Bank, all disclosures and materials provided to you before or when you opened your Account or at the time of application, the card mailer delivered with your Card, and any other documents or disclosures relating to your Account that we provide, as well as all amendments or changes to each of the preceding documents. With the exception of account statements, you may find current versions of each Account Document at simmonsbank.com/bank/credit-cards or by contacting Simmons Bank by telephone at 1-800-272-2102 or by mail at Simmons Bank, P.O. Box 6609, Pine Bluff AR 71611. Your Account statements are available by logging in to your Account at www.simmonsbankcards.com or by contacting Simmons Bank at 1-800-272-2102.
You agree to be bound by this Agreement and the Account Documents upon executing, authorizing or submitting an application to us or upon your use of the Account or any Card associated with your Account. Your consent to any Account Document you receive following your application is evidenced by your use of the Account or any Card associated with your Account following receipt of the document. This Agreement and the Account Documents become effective immediately upon the approval of your Account by us.
USING YOUR ACCOUNT
You may use your Account and Card to make purchases or obtain cash advances by presenting your Card to participating merchants or establishments, including certain automated teller machines (ATMs) where the Card is accepted. You may also use your Account to make cash JOB SPECS: Flat Size: 25.999' x 6.75' Finished Size: 3.75' x 6.75' Colors: Front: Black Back: Black Bleed: None Note: None advances or transfer balances from other creditors in connection with convenience checks, offers or other programs we may offer from time to time, pursuant to the terms we provide you with in connection with of any of these items.
