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SOUTHERN BANK AND TRUST COMPANY CONSUMER CREDIT CARD CARDHOLDER AGREEMENT & DISCLOSURE
This Consumer Credit Card Cardholder Agreement & Disclosure ('Agreement') covers the use of your Account with us. It includes the Pricing Information Disclosure on the enclosed letter or the document that accompanies your Card, as well as any subsequent disclosures which we provide to you from time to time, all of which are incorporated here by reference. Please read this Agreement carefully and keep it for your records. It supersedes all prior agreements and disclosure statements relating to your Account. You do not have to sign this Agreement. You agree to the terms of this Agreement when you accept, sign or use your Card or your Account.
Definitions : In this Agreement the following definitions for the underlined words apply:
Account means your credit card account established under this Agreement.
APR means Annual Percentage Rate . Your Interest Charge is based on the APR.
ATM means automated teller machine.
Authorized User means an individual to whom you have asked us to issue a Card on your Account.
Bank, we, us and our refer to First-Citizens Bank & Trust Company, an affiliate of Southern Bank and Trust Company.
Billing Cycle means a period of time that is approximately 30 days in length. Each Billing Cycle ends on the Statement Closing Date provided on your Billing Statement.
Billing Statement (or Statement) means a document we provide to you showing Account information including, among other things, your Credit Limit and Available Credit, Account Activity during a Billing Cycle, New Balance, Minimum Payment Due and Payment Due Date.
Card means either one or more Visa® credit cards or any other access device such as a debit or ATM card, used to access your Account.
Check means any one or more convenience checks we may send you to access your Account.
Daily Periodic Rate means the APR divided by the number of days in the year (365 days, or 366 days in the case of a leap year).
Finance Charge is the cost of credit as a dollar amount. It includes the Interest Charge plus disclosed Transaction Fees.
Interest Charge is the periodic rate charge based on the applicable APR. It is a component of the Finance Charge and is defined in more detail in Section 6. Your Total Interest is a summary of the Interest Charges for each balance and associated APR.
Merchant means a business displaying the Visa sign and accepting your Card for the purchase of goods and services.
Minimum Payment Due and Payment Due Date mean the amount you must pay, and the date by which you must pay it, to avoid a Late Payment Fee. See Section 11 for details.
New Balance (or 'Balance') means your outstanding balance for the current month as of the Statement Closing Date.
Penalty Pricing means an increase in your APR due to one or more delinquencies in payment.
Transaction Fees are components of your Finance Charge and include Foreign Currency Conversion Fees, Balance Transfer Fees and Cash Advance Fees.
You, your and yours means each applicant or co-applicant for the Account, any person responsible for paying the Account, and anyone authorized to use, access or service the Account, including any Authorized User.
Credit Limit : We will provide you notice of your credit limit when we send you your Card, and it will also be listed on each Billing Statement we send you. At our discretion, we may change your limit at any time as permitted by law and after providing you with appropriate notice as required. We do not automatically increase your credit limit if you make a payment that results in your Account having a credit balance. You may request a change to your credit limit by contacting the Bank at the toll free number listed on the back of your Card and on your Statement. We do not have to pay any Check or honor any cash advance or purchase with your Card that puts your Account balance over your credit limit. You agree not to exceed your credit limit, but if you do, and we pay or accept any Checks, advances or purchases that put your unpaid Account balance over your credit limit, you promise to pay these amounts without our notice or demand.
Additional Cards and Checks : You may request additional Cards on your Account for yourself or for one or more Authorized Users by contacting the Bank at the toll free number listed on the back of your Card and on your Statement. You are responsible for your Authorized User's use of the Card. If you want to remove an Authorized User from the Account you must contact us at the number provided on your Statement and destroy all Cards in his or her possession. Authorized Users may remove themselves from the Account upon request. From time to time, we may provide you with Checks to access your Account that you can use like any other personal checks except they cannot be used to make payments to us under this Account or, without our written consent, to pay any other amount you owe us. Purchases made via Checks are treated as cash advances for the purpose of calculating Interest Charges, unless we inform you otherwise.
Card Use : You or an Authorized User on your Account must sign your Card in order to use it. You may use your Card to buy goods and services from Merchants or to borrow cash from us at one of our branches or at other banks where the Card is honored up to the credit limit we establish for you. You must follow any and all reasonable and proper procedures required by us or the other bank or Merchant honoring the Card.
Transaction Limitations/Suspensions : There is no minimum dollar amount for Card purchases; however, there is a $50 minimum on cash advances and $100 minimum on balance transfers. At our discretion, we may limit the number of transactions that may be approved in any one day. We reserve the right to deny certain transactions for any reason, including, default, suspected fraudulent or unlawful activity, or any increased risk related to the transaction. We are not responsible if a transaction on your Account is not approved, either by us or by a third party, even if you have sufficient credit available. We may, in our discretion, approve transactions that cause your balance to exceed your credit limit without waiving any of our rights under this Agreement.
Finance Charges : The total Finance Charge imposed on your Account each Billing Cycle is the sum of the Interest Charges plus all Transaction Fees imposed during that Billing Cycle.
a. Interest Charges
Interest Charges on Purchases and Balance Transfers: We will impose no Interest Charge to your Account for your purchases and balance transfers if we credit you for payment of the entire New Balance shown on your Statement by the Payment Due Date. If your payment is not credited to your Account by the Payment Due Date (see Section 11), or you do not pay your New Balance in full, we will impose an Interest Charge on the average daily balance outstanding on your Account for the number of days in your Billing Cycle.
Interest Charges on Cash Advances: We will impose an Interest Charge for your cash advances (whether they are obtained by Check or Card) from the date the cash advance posts.
Calculation of Average Daily Balance(s): We use the average daily balance method (including current transactions) for calculating your average daily balance(s). We will determine an average daily balance for each of your (1) purchase balances (including balance transfers) and (2) cash advance balances. To get the daily balance for your purchase (including balance transfers) and cash advance amounts, we take the beginning balance of your Account each day, add any new purchase, cash advance and balance transfer amounts, as applicable, add any new charges and fees, subtract any applicable portions of payments and credits, and add applicable unpaid Interest Charges from the application of the daily periodic rate to each day's ending balance.
Calculation of Your Interest Charge: Your Interest Charge for the period is based on the applicable APR associated with each balance. We disclose the currently effective APR in our Pricing Information Disclosure. Portions of your Balance, however, may be subject to prior APRs.We calculate Interest Charges separately for your purchase (including balance transfer) and cash advance balances under each applicable APR. We list each balance and the applicable interest rate in the Interest Charge Calculation section of your Statement. We compute each Interest Charge by:
(1) calculating the daily periodic rate,
(2) multiplying the average daily balance for each balance by the applicable daily periodic rate (which is based on the APR applied to that balance),
(3) multiplying each of the products in (2) by the number of days in the Billing Cycle, and
(4) adding together all the products obtained in (3) to obtain your Total Interest for the period.
Minimum Interest Charge: The minimum Interest Charge, if any, imposed on your Account will be at least $1.00. The Pricing Information Disclosure discloses the actual minimum Interest Charge applicable to your Account.