This BANKCARD AGREEMENT (the "Bankcard Agreement") describes terms and conditions that apply to your VISA Platinum or Business credit card account with Fidelity Bank (the “Account”).
The words “we,” “us,” “our,” and “the Bank” mean Fidelity Bank, and its agents, authorized representatives, successors, and assignees. The words “you” and “your” mean each person (as an individual or, for a Business Card, a business entity) and all persons, both individually and jointly, who apply for the Account, who are responsible for repaying the Account, or on whose behalf we issue a Card. An “Authorized User” means a person that you authorize or allow to use or access the Card or the Account, but who is not directly responsible for repaying the Account. The term “Card” means any card we issue associated with your Account, including renewal, replacement and substitute cards. The term “Card” also means any other access device that allows you or an Authorized User to obtain Account credit from us, including your Account number and Card number. Other capitalized terms that are not defined here are generally defined the first time we use those terms in the Agreement. If they are not defined in the Agreement, but are defined in your application for the Account, or in any of our disclosures, they shall have the meaning contained in those documents.
Overview of Account Agreement
Our Account agreement with you (the “Agreement”) is contained in and governed by:
- The Bankcard Agreement;
- All Account disclosures and terms provided to you before or when the Account is opened, including the terms you accepted when applying for the Account, disclosures in our Account Opening Disclosures, and any terms we provided in written materials accompanying your Card;
- All other documents, disclosures and terms that relate specifically to your Account, including:
- The privacy notices we provide to you;
- The terms shown on periodic billing statements for your Account (each, a “Statement”); and
- Any future changes we make to any of the above materials, as permitted or required by applicable
You agree that the Agreement becomes effective the first time you or an Authorized User uses any Card or the Account. You also agree that we may keep and use an image or copy of the Agreement to enforce its terms against you. When the Agreement states we “may” take an action, it means we are authorized to take that action in our sole discretion, subject only to any limitations or requirements established by law and the express terms of the Agreement. Please read these materials carefully and keep them for future reference. We may make new offers to you in the future or forward offers from others that may interest you. If these offers have new or different terms, those terms will be provided with the offer. If you accept the offer in accordance with instructions contained in the offer, as previously described in our various Card materials, or as may be required by applicable law, the previously disclosed terms in the Agreement will still apply, except as modified by the offer.
Account Information We Need
We need complete, current and valid information about you to manage your Account, including among other information: your legal name; your address(es); your telephone number(s), and for individuals; your date(s) of birth; your employment and income information; and your Social Security number(s) or other government identification number(s). If we agree to issue additional Cards and add Authorized Users to your Account, we will need the same information about the Authorized User to manage your Account. For Business Accounts, we need additional information, including the business’s Employer Identification Number. You must tell us when this information changes. You may update your address as described on your most recent Statement (defined below) or by calling us at the telephone number shown on your most recent Statement or the back of your Card. We may require that you provide additional documents that are acceptable to us so that we can verify this information and any changes. We may restrict or close your Account, if we are unable to verify your information to our sole satisfaction or if you do not provide the additional information we request promptly.
Balance Categories of Your Account
“Balance Categories” are the different Account categories we may establish with either standard, special or promotional pricing, grace periods or other terms. The Balance Categories of your Account include Purchases, Cash Advances and Balance Transfers. We reserve the right to decide which Balance Category applies for each Account transaction and our decision will be final.
- “Purchase” means the property, rights, goods and services we allow you to purchase, rent, or otherwise obtain directly from merchants and vendors by using your Card.
- “Cash Advance” means a loan you obtain from us in cash, or something we consider to be a cash equivalent, by using the Card or Account. For example, while not all of these options for Cash Advances may always be available with your Card, we consider wire transfers, travelers’ checks, money orders, foreign currency, lottery tickets, gaming chips, and wagers to be cash equivalents.
- "Balance Transfer" means a balance that we allow you to transfer to the Account from an account that you owe to another financial institution, by using any written, electronic or telephonic device or method we approve for this purpose.
Your Promises To Us
You promise to do everything the Agreement requires of you, as long as your Account has a balance or remains open. Each of you and all of you promise, individually and together, jointly and severally, and solidarily, to pay us all amounts due on your Account, now and in the future. This includes amounts where you did not sign a purchase slip or other documents for the transaction. If you use your Card number without presenting your actual Card (for example, without limitation, for mail, telephone or Internet purchases), such a transaction will be treated as if you used the Card in person. The amounts due on your Account include all transactions in each Balance Category made by any of you and any Authorized User, plus all Fees and all Interest Charges, as described in the Agreement. Your “Interest Charges” are the charges we add to your Account based on the Annual Percentage Rates we apply to your Account balances. Your “Fees” are the charges we add to your Account that are not based on the Annual Percentage Rates. If you allow someone else to use your Card, you are responsible for all transactions made by that person and all associated Fees and Interest Charges. If you die, your promise to pay us will apply to your estate, your heirs and your successors, to the extent permitted by law.
If your Account is a Business Account, you promise to pay any and all purchase, transactions, Interest Charges and Fees incurred by you or any employee or other person who you designate as an Authorized user, or whom you permit to have access to the Card.
Using Your Account and Card
You have agreed to be bound by the terms of the Agreement and any subsequent amendments by submitting your credit application for an Account with us and by the continued use of your Card and the Account following applicable notice of any amendments.
You and your Authorized Users may use your Card and the Account for making Purchases and for obtaining Cash Advances and Balance Transfers, as permitted by the Agreement and applicable law. Failure to sign a transaction document for a Purchase or any document used to obtain a Cash Advance or Balance Transfer does not relieve you of liability for purchases made, cash received, or balances transferred.
The Card may also be used to obtain Cash Advances from certain automated equipment provided it is used with the correct Personal Identification Number (“PIN”) issued to you or an Authorized User. Unless otherwise prohibited by law or protected pursuant to any VISA benefit program which limits such liability, you will be liable for the unauthorized use of a Card or PIN which was issued on the Account if such use occurs before we receive notification orally or in writing of the loss, theft or possible unauthorized use of a Card or PIN. Lost or stolen Cards or PINS should be reported immediately to us by notifying Fidelity Bank at PO Box 5990, Metairie LA 70009, Attn: Electronic Banking Dept. and by telephone at (800) 599-7889.
You agree to sign the Card immediately after you receive it. The Card is valid during the dates shown on the front. The Card is our property and you agree to return it to us or destroy it, if we ask. You agree to take reasonable steps to prevent the unauthorized use of your Card and the Account.
We are not responsible to you if someone refuses to accept your Card for any reason. We may reject any transaction for any reason not prohibited by law. We may limit the combined dollar amount or the total number of certain Account transactions, such as Cash Advances, allowed during a single day or other time periods. We may restrict or delay the availability of Account credit, to protect you and us against potential fraud, unauthorized transactions, Account misconduct or misuse, or for other risk management reasons, at our discretion. We will not be liable to you or to any other party if this occurs.
From time to time, Account services may be unavailable to you and your Authorized Users, due to circumstances beyond our control, such as system failures, fires, floods, natural disasters or other unpredictable events, or during periods of system maintenance. When this happens, you may be unable to use your Card or conduct Account transactions or obtain Account information. We will not be responsible or liable to you or to any other party if this occurs.
Notice Regarding Illegal Internet Gambling and Other Prohibited Transactions
You agree not to use, try to use, or permit use of the Card or Account for any Internet gambling transactions or any other transactions that are illegal or that are not permitted by us or by VISA. Pursuant to the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG (collectively, the “Act”), this is to notify you that items and transactions related to illegal Internet gambling (“Restricted Transactions”) will not be processed through your Account(s). Restricted Transactions include any transactions in which a gambling or gaming business accepts payment in connection with unlawful Internet gambling, whether by credit card, debit card, electronic funds transfers, checks, or other means. The Bank shall have no liability whatsoever for the refusal or return of items or transactions, or for any claims or losses arising from or related to its refusal or return of items or transactions, and/or its closure of your Account(s), believed by the Bank to be in violation of the Act. If you do use the Card or Account for such illegal purpose and we inadvertently process such transactions, you must still pay us for these transactions and they remain subject to all other terms of our Agreement. You must also reimburse the VISA Card Network and us for all damages and expenses, if any, associated with such impermissible transactions.
We may limit an Authorized User’s ability to initiate certain transactions. If we do, we will tell you about these limitations before we add any new Authorized User on your Account. Once we add an Authorized User to your Account, you agree we may discuss your Account with them and provide them with Account information. You are responsible for the Authorized User’s use of the Card and your Account, as well as anyone else that you or they allow to use your Card or Account. You will be responsible even if you did not want or agree to such use.
If you want to remove an Authorized User from the Account, you must contact us as provided on your most recent Statement and request such removal. We will have a reasonable amount of time after your request to research your Account information and remove an Authorized User. You must retrieve and immediately destroy all Cards in the Authorized User’s possession and cancel all related billing arrangements to the Account. We will not do this for you. During this time, you are still responsible for all amounts the Authorized User charges to the Account. You will be responsible, even if these amounts do not appear on the Account until later. An Authorized User may remove himself from the Account at any time, upon request. At our discretion, we may close your existing Account, and/or issue a new Card with a new Account number, after you remove an Authorized User.
If your Account is a Business Account, you represent and warrant that you and your Authorized Users will use the Account exclusively for business or commercial purposes and will not use it for personal, family or household uses, or for any other use that might be deemed a consumer transaction under applicable law.
Statements and Billing Cycles
The documents or information we provide on your Account at the close of each Billing Cycle (each, a “Statement”) will disclose important information about your Account, including your Account transactions, payments, Fees, Interest Charges, unpaid balances in each Balance Category, and payment requirements. The intervals of time between your regular Statements (each, a “Billing Cycle”) are generally equal (approximately 30 days). Your Statements disclose the specific length of each Billing Cycle.
We will send a single Statement to you for all Cards on your Account, except when we are not required or permitted by law to send a Statement. We will send a Statement at the end of each Billing Cycle when your Account has a debit or credit balance of more than $1.00, if we have charged any Interest Charges to your Account, or as otherwise required by law.
You must promptly inspect each Statement you receive and tell us about any errors or questions you have, as described in the “Billing Rights” section of your Statement and the Agreement. If you do not notify us as provided in these disclosures, we may assume that all information in the Statement is correct.
Except as otherwise provided in the “Billing Rights” section of your Statements and the Agreement, we are not responsible for any claim you might have regarding the Purchases of goods or services made with your Card from any merchant or vendor.
Lost or Stolen Cards; Unauthorized Use
You must take reasonable steps to prevent the unauthorized use of your Card and Account. If you notice the loss or theft of your Card, or a possible unauthorized use of your Card, you should contact us immediately at the address or the telephone number provided on your Statement. You will not be liable for any unauthorized use that occurs after you properly notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50 (or any lesser amount required by law or as provided under the express terms of a benefit provided by the VISA Card Network).
If your Account is a Business Account and we have issued fewer than ten (10) Cards to you and your employees, you will not be liable for any unauthorized use that occurs after you notify us and, in any case, your liability to us may be limited to $50.00 (or as may be provided under the express terms of a benefit provided by the VISA Card Network). However, if we have issued ten (10) or more Cards to you and your employees, you will be liable, without limitation for any unauthorized use of the Cards. However, you may only seek to hold your employee responsible for unauthorized Card use to the extent permitted under Regulation Z (12 C.F.R. § 226).
We will disclose information about your Account credit limits when we open it. Your Statements will also disclose information about your Account credit limits. Your Account credit limits are determined in our sole discretion. We may assign different credit limits for the different Balance Categories of your Account. For example, your credit limit for Cash Advances may be lower than your credit limit for Purchases or the overall credit limit of your Account. We may raise, lower, restrict, or cancel your credit limit on any Balance Category or the Account at any time and for any reason, subject to any notices that are required by law. This will not affect your obligation to pay us. You are responsible for keeping track of your Account balances and available credit. You agree not to allow your Account balance to exceed any credit limit. We may honor transactions above your credit limits, but, if we do, this will not increase your credit limit and you must pay us the full amount of these transactions.
We may allow you to transfer balances to the Account that you owe to other creditors or financial institutions, up to the amount of your credit limit we make available for Balance Transfers. You may not ask us to process a Balance Transfer for any amount you already owe to us or any of our affiliated companies, unless we give you our express permission to do so. If we inadvertently process a Balance Transfer request that violates this restriction without having given you express permission for such a transaction, you agree that we may, in our discretion, elect to reverse the Balance Transfer, in which case you will be obligated to pay the amount you already owed us or any of our affiliated companies according to the terms of such prior obligations.
All Balance Transfers are subject to our approval. We will not process a Balance Transfer request we consider incomplete or illegible. You may use only the devices and methods we have approved for Balance Transfers. If we do not approve the full amount of any Balance Transfer you request, we may process part of the amount you request as a Balance Transfer or decline the entire request. We are not liable to you if we do not process part or all of any Balance Transfer you request. If you make multiple Balance Transfer requests, we may make the Balance Transfers in any order we choose.
You agree not to request a Balance Transfer for any amount that is or may be the subject of a dispute between you and any other creditor or financial institution. If you do, you understand this may prevent you from exercising your dispute rights against such other creditors and financial institutions. We are not liable to you for disputes you may have with other creditors and financial institutions for which you have requested and for which we have processed a Balance Transfer, or for your loss of the right to dispute amounts that have been paid by means of a Balance Transfer.
If you request a Balance Transfer, you agree to monitor your other accounts and continue making the minimum payments due on those accounts until your other creditor or financial institution provides an account statement that shows that the balance of your other account has been paid in full. This may not happen until after the Balance Transfer appears on a Statement from us. You are liable for any late payments, finance charges or disputed amounts on your other accounts. If you want your other accounts closed following a Balance Transfer, you are responsible for instructing your other creditor or financial institution to do so according to whatever method your other creditor or financial institution requires.
We will charge Interest Charges to your Account as shown in the Agreement, including your Account Opening Disclosures, any subsequent disclosures, and your Statements. You must pay Interest Charges, as shown on your monthly Statements, for each Billing Cycle in which there is a Cash Advance or the Previous Balance is not paid in full prior to the Closing Date of the billing Statement. For Cash Advance Fees, please refer to the Interest Rates and Interest Charges Disclosure table which has been provided to you separately. We figure the Interest Charges on your account by applying the monthly Periodic Rate to the entire “Balance Subject to Interest Rate.” The “Balance Subject to Interest Rate” is the “Average Daily Balance,” of the account (including current transactions). To get the “Average Daily Balance,” we take the beginning balance of the Account each day, add any new Cash Advances, Purchases and other charges, and subtract any payments or credits, unpaid late charges, unpaid membership fees and unpaid Interest Charges. This gives us the Daily Balance. Then, we add up all of the Daily Balances for the Billing Cycle and divide the total by the number of days in the Billing Cycle. This gives us the “AVERAGE DAILY BALANCE.” Interest Charges for Purchases begin on the date the Purchase is posted to the Account unless the Previous Balance shown on the Statement is paid in full prior to the Closing Date of the Statement. Purchases made during the Statement period and the Previous Balance will be excluded from the calculation of the “Average Daily Balance” if the Previous Balance shown on the front of the Statement was paid in full prior to the Closing Date of the Statement. The Interest Charges for Cash Advances and Balance Transfers begin on the date the Cash Advance or Balance Transfer is posted to the Account. You may avoid additional Interest Charges on an Account by paying in full the New Balance shown on the Account’s monthly Statement within 25 days after the Closing Date for that Statement.
You must pay the Fees we charge to your Account, in the amounts shown on your Account Opening Disclosures, shown in the Agreement, or disclosed to you at the time you ask us to provide particular services or financial products to you or on your behalf. By way of example, we may charge you Annual Fees, or Fees for Balance Transfers, Cash Advances, Foreign Transactions, Late Payments, Over-the-Credit Limit transactions, or Returned Payments or such other Fees that are disclosed to you in accordance with our Agreement with you, our applicable Account-related disclosures, and applicable law.
Transactions Made in Foreign Currencies/Currency Conversions
Any transaction where the Bank’s country of domicile (the United States) is different from the country where the transaction was completed (for example, where the merchant is located), whether or not a currency conversion is involved (for example, even if the transaction is conducted in U.S. dollars) shall be defined as an “International Transaction” under the Agreement. If you use your Card for transactions in a currency other than U.S. Dollars, the exchange rate between the transaction currency and the billing currency used for processing International Transactions is selected by the applicable VISA Card Network. We do not determine the currency conversion or exchange rate that is used. The VISA exchange rate is a) a rate selected by VISA from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives, or b) the government-mandated rate in effect for the applicable central processing date. The exchange rate that is in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. If the transaction is a refund, and the refund has a different processing date, then the exchange rate of the refund can be greater or less than that of the original transaction as a result of changes in the currency markets at the time of the applicable transactions. You agree to accept the converted amount in U.S. dollars.
Your will be furnished a monthly Statement for each Billing Cycle at the end of which there is an undisputed debit or credit balance of $1.00 or more. Unless an event of default occurs as described in the “Account Default” section below and we require you to make immediate payment of your entire Account balance, you must make payment on your Account within 25 days after each Statement Closing Date of either (a) the full amount billed (“New Balance”) or, at your option, (b) a Minimum Payment of $25 or 1.0% of the New Balance, whichever is greater. Payments may be mailed to Fidelity Bank, P.O. Box 5990, Metairie LA 70009, Attn: Electronic Banking Dept. Payments may also be made in person at a Fidelity Bank office during normal business hours. Payments received after 5:00 p.m. eastern time on any processing day or at any time on any non-processing day will be considered as payments made on the following processing day. All payments by you will be applied first to payment of Interest Charges in the order of their entry to the Account, second to additional fees charges, if any, in the order of their entry to the Account, third to previously billed Cash Advances, Purchases and other similar charges in the order of their entry to the account, and then to current Cash Advances, Purchases and other similar charges in the order of their entry to the Account. Any excess payment amount will be applied to the highest interest balance first, then in descending order. To avoid a Late Payment Fee, you must pay us at least the Minimum Payment Due as shown on your Statement by the due date.
In addition to the Minimum Payment due on your Statement, you may pay all or part of the total balance of your Account at any time. You must still pay at least the Minimum Payment after each Billing Cycle, even if you paid more than the Minimum Payment in connection with the previous Billing Cycle. We will continue to charge Interest Charges during Billing Cycles when you carry a balance, regardless of whether your Statement includes a Minimum Payment due.
Your payments to us must be made in U.S. dollars from a deposit account maintained in the United States and must otherwise be acceptable to us. We do not accept cash payments through the mail. You may not make Account payments with funds borrowed from your Account or any other credit account with us or any affiliate within our family of companies. You agree to follow the payment requirements we disclose on Statements from time to time. You must mail payments to us at the address provided on your Statement or as otherwise instructed by us. We will credit it to your Account on the day we receive it, if:
- You send the payment coupon included with your Statement in the same envelope with your payment;
- You include your Account number on your payment; and
- Your payment arrives in our processing center at the address indicated on the payment coupon by 5:00 m.
If your due date occurs on a day when we do not receive payments, any payment received the next day that conforms to the above requirements will not be treated as late. Please allow at least five (5) days for postal delivery. Unless we or our agents specifically instruct you to remit payment in a different manner, payments received at any other location or in any other form may not be credited for up to five (5) days. This may cause you to be charged Late Payment Fees and additional Interest Charges.
If you give your Account number or other Account information to someone else to make a payment for you, we may provide Account information to them and process their payment as if you made it. We may refuse to accept any payment made by someone else for your Account. If we accept a payment made by someone else for your Account, you will be responsible for the payment made, even if that payment is rejected or not paid. We reserve the right to refuse to accept cash payments on your Account presented by a third party.
We may accept and process payments without losing any of our rights. Even if we credit your payment to your Account, we may delay the availability of Account credit until we confirm that your payment has cleared. We may resubmit and electronically collect returned payments. We may also adjust your Account as necessary to correct errors, to process returned and reversed payments, and to handle similar issues.
An “Item” means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image of these instruments. When you provide an Item as payment, you authorize us either to use information from your Item to make a one-time electronic fund transfer from your deposit account or to process the payment as a check transaction. When we use information from your Item to make an electronic funds transfer, funds may be withdrawn from your deposit account as soon as the same day your payment is received by us and you will not receive your original Item back from your financial institution. If we process the payment as a check transaction, you understand and agree that we may convert your Item into an electronic image that can be collected from your depository institution as a substitute check. We will not be responsible if an Item you provide has physical features that, when imaged, result in it not being processed as you intended.
Items with Restrictive Words, Conditions or Instructions
All Items that have restrictive words, conditions, limitations or special instructions added (including Items marked with the words “Paid in Full” or similar language), and all accompanying communications, must be mailed to and received at: Fidelity Bank, P.O. Box 5990, Metairie, LA 70009. If you make your payment or send any accompanying communications to any other address, we may accept and process the payment, without losing any of our rights. If we process an Item that has restrictive words, conditions, limitations, or special instructions, we are not bound by such unless we have expressly consented to be bound by such restrictive words, conditions, limitations, or special instructions.
Refund of Credit Balances
If your Account has a credit balance, you may contact us at customer service telephone number indicated on your Statement and request that we refund any credit balance. We may ask you to put such request in writing. We will refund the credit balance on your Account within seven (7) business days of such properly submitted request, less any amounts that may have posted to your Account between the date of your request and the date such refund of the credit balance is processed. In the absence of a request from you for such a refund of a credit balance on the Account, we will process a refund of any remaining credit balance that has been outstanding on your Account for six (6) months.
We may contact you from time to time about your Account. We may contact you in any manner we choose, unless prohibited by applicable law. For example, we may:
- Contact you by mail, telephone, email, fax, recorded message, text message(if you have given us your mobile telephone number) or personal visit;
- Contact you using an automated dialing or similar device (“Autodialer”);
- Contact you at your home and at your place of employment;
- Contact you on your mobile telephone (if you have given us your mobile telephone number);
- Contact you at any time, including weekends and holidays;
- Contact you with any frequency;
- Leave recorded and other messages on your answering machine/service and with others; and
- Identify ourselves, your relationship with us, and our purpose for contacting you, even if others might hear or read
Our contacts with you about your Account are not unsolicited and may result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law prohibits us from doing so, we may modify or suppress caller identification and similar services, and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using an Autodialer and can also leave recorded voice, text and other messages. We may do these things, whether we contact you or you contact us.
If you ask us to discuss your Account with someone else, you must provide us with documents and authorization that we ask for and that are acceptable to us for this purpose.
We may provide information about you and the Account to consumer credit reporting agencies. We may also provide information about you and the Account to others as described in our Privacy Notices. Information we provide might appear on credit reports about you and Authorized Users. You understand that we may report negative information about your Account to credit reporting agencies. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report.
We may obtain and use credit and income information about you from consumer credit reporting agencies and others as the law allows.
If you believe we have reported inaccurate information about you to a credit reporting agency, notify us in writing at: Fidelity Bank, Electronic Banking Department, P. O. Box 5990, Metairie, LA 70009. In doing so, identify yourself, your Account, the information you believe is inaccurate, and tell us why you believe the information is incorrect. If you have supporting documents or information, such as a copy of a credit report that includes information you believe is inaccurate, send us the supporting documents and information as well.
Closing or Suspending Your Account
You may ask us to close your Account by calling or writing us as described on your Statement. If you do, we may provide you with additional details about this process and request certain information from you, including payment information. If you use your Card or charges post to your Account after you ask us to close it, we may keep your Account open or reopen it.
We may close or suspend your Account and your right to obtain credit from us. We may do this at any time and for any reason, as permitted by law, even if you are not in default. A suspension of your Account might be permanent or temporary.
If your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel all automatic recurring charges or similar billing arrangements connected with the Account. We will not do this for you. If we close or permanently suspend your Account, you must also destroy all Cards. You must still pay us all amounts you owe on the Account, even if these amounts are charged after your Account is closed or suspended.
Refusal to Honor Credit Requests
At its sole option, the Bank may decide to deny access to credit on the Account or to refuse to honor any Card, even though the Account has not been terminated or closed, if any of the following events occur:
- You do not make at least the minimum monthly payment due shown on the most recent monthly billing Statement on or before the payment due date;
- You become delinquent on any other obligation owed to the Bank or on any obligation owed to any other person or entity;
- You are no longer a permanent resident of the United States;
- You or any Authorized User exceed the approved credit limit;
- A request for an additional credit transaction on the Account would cause the approved credit limit to be exceeded;
- The Bank is advised by a credit reporting agency or by any other appropriate source that your financial condition has deteriorated significantly;
- Your debt owed to, or your available unused credit line from, other lenders becomes excessive in the Bank’s sole opinion;
- You die, become imprisoned, are declared legally incompetent, or become insolvent;
- You give or have given false, incorrect or misleading information to the Bank at any time;
- The Bank has reasonable cause to believe that you will not be able to repay the amounts owed to the Bank, for any reason, including, but not limited to, your employment status;
- A proceeding has been filed by or against you for bankruptcy, reorganization, or any other relief afforded debtors or affecting rights of creditors generally under the United States Bankruptcy Code or under any similar state or federal law;
- You have sent the Bank more than one payment within a twelve (12) month period that has been returned unpaid for any reason;
- You have notified the Bank or the Bank has otherwise determined that a Card has been lost or stolen; or
- You fail to comply with any terms or conditions of the Agreement;
- Or, if you are a business entity, proceedings for dissolution of the business entity have been commenced, or we have a reasonable belief that such proceedings are expected to be commenced, or you file proceedings for a respite or make a general assignment for the benefit of creditors.
You agree that neither you nor any Authorized User shall have any legal claims or rights against the Bank if, for the reasons set forth above, the Bank denies or rejects a request from you or any Authorized User for credit, or for the use of the Card or the Account.
If any of the events listed in the Refusal to Honor Credit Requests section above occur, to the extent permitted by applicable law, the Bank (a) shall have the right to declare you and the Account to be in default under the Agreement without giving prior notice to you and (b) shall have the right to accelerate the balance owed on your Account and declare the full balance owed to the Bank on the Account to be immediately due and payable without prior notice or demand. The Bank’s acceptance of any payment on the Account after you have been declared to be in default shall not waive the default. After you have been declared to be in default, neither you nor any Authorized User shall be permitted to use a Card or the Account to obtain Cash Advances or to make Purchases or to obtain credit from the Bank on the Account in any other manner. If the Bank refers the Account to an attorney for collection after the Account has been declared to be in default, you agree to pay the reasonable fees of the attorney, not to exceed 25% of the unpaid debt after default or the maximum amount permitted by applicable law; and, to the extent permitted by applicable law, all other charges, fees, and costs, including without limitation court costs, incurred by the Bank in connection with collecting the amounts due and owing on the Account. The Bank’s failure to exercise or the Bank’s delay in exercising any of its rights under the Agreement shall not be deemed a waiver of those rights and shall not be deemed a waiver of the Bank’s right to later exercise its rights under the Agreement.
Changes to the Agreement
You may not change the Agreement, unless one of our authorized officers expressly agrees to do so in a signed written agreement to that effect. We may, at any time, add, delete or change any term of the Agreement, unless the law prohibits us from doing so. We will give you any notice and wait any time period required by law before the changes take effect. If we notify you of changes, we will send you a separate notice or inform you on your Statement. We may send this notice to you electronically, as permitted by law. Our notice will tell you when and how the changes will take effect and describe any rights you have in connection with the changes.
All of the variable Annual Percentage Rates of your Account can go up or down in each Billing Cycle, as the published Index Rate for these rates goes up or down. If we increase your Interest Charges for any other reason, we will notify you in writing. If we increase your Fees or change other significant Account terms, we will notify you in writing and inform you of your options, including any right to reject these changes.
We may change any other terms of your Account at any time, after giving you any notice and waiting any period of time required by law. Also, if you do not pay the full amount of any Minimum Payment Due within 60 days of its payment due date, we may increase your Interest Charges to the Penalty APR that will apply to all of your Account balances and any new Account transactions we may permit. If we increase your Interest Charges for this reason, the Penalty APR will apply indefinitely, unless you make six (6) consecutive minimum payments when due, beginning with the first minimum payment due after the Penalty APR takes effect. The amount of the Penalty APR is in the Account Disclosures that we have provided to you separately.
Collateral securing other loans with us may also secure this Account as a result of cross-collateralization or because we may hold a statutory security interest in your property. If we now or hereafter hold any title, mortgage, chattel mortgage, assignment, pledge, or security interest in any of your property, it may be that the terms of the instrument creating such title, mortgage, chattel mortgage, assignment, pledge, or security interest will also secure your obligations on the Account. If you have mortgaged or otherwise granted in favor of us a security interest or shall hereafter mortgage or otherwise grant in favor of us a security interest in your personal residence as collateral or as security for any indebtedness now or hereafter owed to us, it is hereby understood and agreed that we hereby waive any claim, right, mortgage, or security interest we might acquire against your personal residence as collateral or as security for any obligation to us arising from or on the Account, from the use of any Card, or under the Agreement. We expressly reserve all rights not expressly waived in the Agreement under any mortgage or security interest we may have in your personal residence. If your Account is deemed a consumer account under applicable federal or state laws, rules, or regulations, we waive our right of offset against your deposit accounts with us, which may otherwise secure repayment of your Account. If your Account is deemed a business-purpose account under applicable federal or state laws, rules or regulations, you hereby grant to us a continuing security interest in any deposit accounts, investment accounts, or any sums we may owe to you which shall be in addition to any statutory security interest we may hold in your deposit accounts, investment accounts, or other property under applicable law.
Important Information About the Military Lending Act & Additional Terms and Conditions Applicable to Active Duty Servicemembers and Their Dependents
The following additional disclosures and terms will apply to the Agreement and your Account if one or more of you is a “Covered Borrower,” as that term is defined in the Military Lending Act, 10 U.S.C. § 987, and related regulations of the U.S. Department of Defense. Please read the following additional disclosures and terms, which will be applicable to the Agreement and your Account. Nothing contained in the Agreement shall constitute a waiver of your right to legal recourse under any otherwise applicable provision of state or federal law, including any provision of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) or the Military Lending Act ( 10 U.S.C. 987) and related regulations. Any provision of the Agreement which may be deemed contrary to or a violation of the state or federal laws referenced in this section shall be deemed severed and deleted from the Agreement, but shall not invalidate the other remaining provisions of the Agreement. All other remaining provisions of the Agreement shall remain in full force and effect. Notwithstanding any terms contained in the Agreement to the contrary, any prohibited notice, waiver, right of setoff, arbitration, or other terms and conditions under the Military Lending Act (10 U.S.C 987) and related regulations of the U.S. Department of Defense that would otherwise be applicable to non-Covered Borrowers, including, but not limited to, any such terms that may appear in those Sections of the Agreement captioned as “Credit Limits,” “Security Interest,” “Account Default,” “Closing or Suspending Your Account,” ”Changes To The Agreement,” “Assignment,” and any terms related to notices shall not be enforceable against you, as a Covered Borrower, with respect to the Agreement, your Account, or any extension of credit covered by the Agreement, to the extent prohibited by such applicable laws. As it relates to any Covered Borrower, any such terms of the Agreement which may be deemed prohibited by or a violation of the Military Lending Act and related regulations of the U.S. Department of Defense shall be severed and deleted from the Agreement, but shall not invalidate the other remaining provisions of the Agreement. All other remaining provisions of the Agreement shall remain in full force and effect. Any agreement to arbitrate disputes you may have with us shall not be enforceable against any Covered Borrower, or person who was a Covered Borrower when the agreement was made, with respect to the Agreement, your Account, or any extension of credit covered by the Agreement. 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 an active member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent (36%), or such other amount as may be later prescribed by law. 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).
Payment Obligation: Federal law requires that you receive a clear description of your required payments. Please review our various disclosures and the Agreement carefully to understand your payment obligations. Please call us at either (800) 599-7889 or the customer service telephone number provided on your Statement if at any time you would like to receive a Statement of the Military Annual Percentage Rate and a description of your payment obligation. You may also send this request in writing to us at: Fidelity Bank, Electronic Banking Department, P.O. Box 5990, Metairie, LA 70009.
Jurisdiction and Venue
If your Account is for a Business card, any litigation arising from the Agreement or the Account shall, at the option of the Bank, be heard in the state or parish courts for the Parish of Jefferson, State of Louisiana, you consent to such jurisdiction and venue, and you waive any right to claim forum non conveniens.
The Law that Applies to the Agreement
The Agreement, the Account, and the Bank’s rights and duties and your rights and obligations under the Agreement and on the Account shall be governed by and interpreted in accordance with applicable federal law and the laws of the State of Louisiana without giving effect to the conflicts of laws provision thereof. If and to the extent the choice of such laws shall be deemed invalid or unenforceable by a final judgment of a court of competent jurisdiction, the mandatory laws of the state where you are domiciled shall govern the Agreement and the Account. The Account and the Cards have been applied for, considered, approved, and issued and/or opened in the State of Louisiana, and all extensions of credit under the Agreement are being made by the Bank in the State of Louisiana. If any part of the Agreement is found to be invalid or unenforceable by a court of competent jurisdiction under applicable law, then such part shall be deemed stricken from the Agreement but only to the extent that such part is invalid or unenforceable; in such case, the remaining parts of the Agreement shall remain in full force and effect.
We will not lose any of our rights if we delay taking any action for any reason or if we do not notify you. For example, we may waive or reduce your Interest Charges or Fees without notifying you and without losing our right to charge them in the future. We may always enforce our rights later and may take other actions not listed in the Agreement if the law allows us to do so. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else who may be obligated on your account, whether directly or indirectly.
We shall send all monthly billing Statements and any notices in connection with the Account to your address as shown in the Bank’s most recent records. You agree to give the Bank notice of any change in your address at least fifteen (15) days prior to the change. Any notices from you to the Bank, including a notice of a change of address, shall be effective when received by the Bank at the Bank’s address for receipt of payments shown on any monthly billing Statement mailed by the Bank to you within the preceding sixty (60) days. The Bank shall have the right to accept corrections or changes to your address from the United States Postal Service. If the Account is a joint Account, the Bank may send monthly billing Statements and notices to any one of you and shall not be responsible or liable for sending Statements or notices to any other one of you. When you send any Notice to us at the applicable address provided in the Agreement, you agree that we shall have a reasonable period of time to process your request once it has been received and to respond within a reasonable period of time depending upon the nature of the request, the terms of the Agreement, and/or the requirements of applicable state or federal law.
Captions provided for the various sections of the Agreement are for convenience purposes only, and shall not be used to construe, interpret, or limit the meaning of any section of the Agreement.
The Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or the Agreement to someone else without our written permission. We may transfer your Account and the Agreement to another company or person at any time, without your permission and without prior notice to you. If we do, our transferee will take our place under the Agreement. You must pay them and perform all of your obligations to them and not to us. Either we or the assignee will give you notice of such assignment. If you pay us after you are informed or learn that we have transferred your Account or the Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person.
The following provision applies to all VISA Platinum Accounts and to those Business Accounts for which we issue fewer than ten Cards.
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:
Electronic Banking Department
P.O. Box 5990
Metairie, LA 70009
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 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.
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 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
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
- The charge in question may remain on your Statement, and we may continue to charge you interest on that
- While you do not have to pay the amount in question, you are responsible for the remainder of your
- We can apply any unpaid amount against your credit
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
- If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and 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 Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your 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 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 )
- You must have used your Card for the Purchases made with Cash Advances from an ATM or with a check that accesses your 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 at:
Electronic Banking Department
P.O. Box 5990
Metairie, LA 70009
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.