1. Agreement. These regulations govern the possession and use of credit cards (“card”) issued by Fidelity Bank (“Issuer”). Each person who applies for a credit card and in whose name the card is issued (“Holder”) consents and agrees to these regulations and to the terms contained on the credit cards, sales drafts, credit adjustment memos and cash advance drafts, signed by or given to Holder or any authorized user of Holder’s cards. When credit cards are issued upon the application of two or more persons, all such persons shall be jointly and severally liable as Holders. The provisions of these regulations, as amended from time to time, govern Holder’s obligations, notwithstanding any additional or different terms contained in sales drafts, credit adjustment memos, cash advance drafts or other forms signed by or given to Holder or any user of Holder‘s cards to evidence a credit card transaction. Holder authorizes an investigation of Holder’s credit standing prior to the issuance of a credit card to Holder and at any time thereafter and authorizes disclosure of information to third parties relating to Holder’s credit standing. These regulations apply to all credit cards issued to Holder or to others on Holder’s authorization and to any user of Holder’s cards.
  2. Annual Membership Fees. No Annual Membership Fee.
  3. Use of Card. Credit for purchases from a merchant or a cash advance from a participating financial institution may be obtained by Holder or an authorized user of Holder’s card presenting one of Holder’s cards to the merchant or participating financial institution and, if requested, by providing the proper identifying information and signing the appropriate drafts. Failure to sign a draft does not relieve the Holder of liability for purchases made or cash received. The use of this card for illegal transactions is prohibited. Holder may make up to 10 purchase transactions totaling not more than $10,000 per day. Holder may make only 5 over-the-counter cash advance transactions totaling not more than $1,500 per day. The card may also be used to obtain cash advances from certain automated equipment provided it is used with Holder’s correct Personal Identification Number (“PIN”) issued to Holder. Holder may make only 5 cash advance withdrawals totaling not more than $510 each day from compatible ATM terminals. Terminals or terminal operators may have other limits on the amounts or frequency of cash withdrawals. Holder will not be liable for the unauthorized use of the card or PIN issued to Holder which occurs before issuer receives notification orally or in writing of loss, theft or possible unauthorized use of a card or PIN. Lost or stolen cards or PINS should be reported immediately to Issuer by notifying Fidelity Bank at PO Box 5990, Metairie La, 70009, Attn: Electronic Banking Dept. and Telephone (800) 559-7889.
  4. Credit Line. Holder will from time to time be informed of the amount of the approved credit line established for Holder, and Holder covenants not to make credit purchases or borrowings in excess of that amount. Holder is liable for all purchases and borrowings made with Holder’s cards by Holder or by anyone authorized to use Holder’s cards even if balance exceeds credit limit.
  5. Balance Transfers. Transfer eligibility is determined by Fidelity Bank. You can only transfer an amount up to your credit limit on the new card.  You agree to allow approximately 20 days for us to process your application and transfer the balance(s) to your Fidelity credit card.  Please continue to make at least minimum payments on your other credit cards until they notify you that the balances have been transferred. If the amounts you request to be transferred do not satisfy the outstanding balance(s) on the designated accounts, you will continue to be responsible for those balances.  See the Interest Rate and Interest Charges table for additional information.
  6. Payment. Holder will be furnished a monthly statement for each billing period at the end of which there is an undisputed debit or credit balance of $1.00 or more. Holder shall pay within 25 days after each statement Closing Date either (a) the full amount billed (“New Balance”) or, at Holder’s 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 be made, in person, at a Fidelity Bank office. 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 Holder 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.
  7. Interest Charges. Holder shall pay Interest Charges as shown on Holder’s monthly statements, for each billing period 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 see the Interest Rates and Interest Charges Disclosure table. We figure the Interest Charges on your account by applying the monthly Periodic Rate to the entire “Balance Subject to Interest Rate.” The additional charge for cash advances shall not apply to any cash advance obtained under a separate credit agreement with Holder and written in connection with these regulations. The “Balance Subject to Interest Rate” is the “average daily balance,” of the account (including current transaction). To get the “average daily balance,” we take the beginning balance of the account each day, add any new cash advances, credit 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 credit 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. Credit 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 advance is posted to the account. Holder 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. 
  8. Additional Fees. For a listing of fees charged in association with this card, please see the Interest Rates and Interest Charges Disclosure table accompanying this Agreement. These charges will not be imposed if Holder’s request is in connection with or delivery of the documents in response to an alleged billing error under Regulations E or Z issued by the Board of Governors of the Federal Reserve System. Fees imposed will be posted to Holder’s account. 
  9. Security Interest. All credit advanced to Holder for credit purchases or cash advances constitutes loans made by Issuer to Holder in the State of Louisiana. Issuer disclaims as security for loans made to Holder under these regulations any security interest it may at any time have in household goods or real property. Except as disclaimed above, loans made to Holder after the effective date of these regulations may be secured by collateral given by any Holder to secure other loans from Issuer. 
  10. Foreign Transactions. If a Holder’s card is used to effect a transaction in a foreign currency, the transaction amount will be converted to U.S. dollars by VISA International, VISA converts currency to U.S. dollars using either the government mandated exchange rate or the wholesale exchange rate, in effect one day before the date of the conversion, as applicable. The exchange rate is increased by 1% if the conversion is made in connection with a charge to an account and decreased by 1% if the conversion is made in connection with a credit to an account. The date of conversion by VISA may differ from the purchase date and the posting date identified in the monthly statement for the account. Holder agrees to pay charges and accept credits for the converted transaction amounts in accordance with the terms of this paragraph. 
  11. Disputes. Issuer is not responsible for refusal by any merchant, financial institution or automated equipment to honor or accept a card. Except as provided in the Federal Truth-in-Lending laws(as indicated in the Summary of Billing Rights below), Issuer has no responsibility for merchandise or services obtained by Holder with a card and any dispute concerning merchandise or services will be settled between Holder and the merchant concerned. 
  12. Default. Holder covenants to observe and comply with these regulations and covenants not to permit an event of default to occur. Upon the occurrence of any one or more of the following events of default: (a) Holder fails to pay at least the Minimum Payment when due on two consecutive occasions; or (b) Holder dies, ceases to exist, changes residency to another state, becomes insolvent or the subject of bankruptcy or insolvency proceedings or fails to observe any covenant or duty contained in these regulations, if such event or breach materially impairs Holder’s ability to pay amounts due; the full amount of Holder’s account for which the default occurred (including unpaid Interest Charges) shall, at Issuer’s option become immediately due and payable if Holder does not cure the default within 15 calendar days after notice is mailed to the address of Holder, or given as otherwise provided by law. Issuer has this right, without notice and opportunity to cure; if the default is the Holder’s third default within 12 months and the Holder is notified of the prior two defaults and the Holder cured those defaults. 
  13. Termination. Holder’s consent to these regulations may be terminated at any time by surrendering the cards issued to Holder or at Holder’s written request, but such termination shall not affect Holder’s obligations as to any balances or charges outstanding at the time of termination. Termination by any Holder shall be binding on each person in whose name the card is issued. If Holder’s spouse terminates this credit plan, the full amount of Holder’s account (including unpaid Interest Charges) may be declared immediately due and payable. Issuer may terminate Holder’s privilege to use the cards if Holder moves out of the service area of Issuer, as defined by Issuer from time to time. Unless sooner terminated, the privilege to use the cards shall expire on the date shown on the cards. At any time, without liability to Holder and without affecting Holder’s liability for credit previously extended, Holder’s privilege to use the cards may be revoked or limited to the extent not prohibited by law. The cards are and shall remain the property of Issuer and Holder agrees to surrender them to Issuer upon demand. 
  14. Amendments. Issuer may amend these regulations from time to time by sending Holder advance written notice not less than 45 days prior to the effective date for any change that is either adverse to Holder’s outstanding balance or increases certain fees, as required by laws of the State of Louisiana and by any applicable Federal Laws from time to time, or not less than 15 days prior to the effective date for other changes, or as may otherwise be required or permitted by law. To the extent that Issuer indicates in the notice and that the law permits, amendments will apply to Holder’s existing account balance as well as to future transactions. Notices are deemed given when mailed by Issuer to any Holder to the current address for mailing monthly statements. Invalidity of any provision of these regulations shall not affect the validity of any other provisions unless otherwise provided by the State of Louisiana regardless of where you reside or use the account. 
  15. Governing Law. Holder agrees to be governed by Federal Law and the State of Louisiana with respect to all aspects of the transactions arising under these regulations. All statutory references are to the statutes as they may be renumbered or amended from time to time. 
  16. Billing Rights Summary
    In Case of Errors or Questions About Your Bill. If you think your bill is wrong or if you need more information about a transaction on your bill, contact us in writing at Fidelity Bank, PO Box 5990, Metairie Louisiana 70009, Attn: Electronic Banking Dept. 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 may contact us by phone at 504-454-5770, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. In your letter, please provide the following information: Your name, account number, the dollar amount of the suspected error and a description of the error.<br/ > While we investigate whether or not there has been an error, the following is true; 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. But if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of you balance. We can apply any unpaid amount against your credit.
    Special Rule for 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. 1) The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. 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 service. 2) You must have used your credit card for the purchase. Purchases made with the cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3) You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at Fidelity Bank, PO Box 5990, Metairie Louisiana 70009, Attn: Electronic Banking Dept. While we investigate, the same rules apply to the disputed amount as discussed about in the "In Case of Errors or Questions About Your Bill" section. 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.
  17. Assignment. We may assign your account, balance you owe, or any other rights or obligations under this agreement to a third party. The third party is then entitled to any of our rights that we assign.
  18. Changes To Our Contact Information. You must notify us immediately of any change to your address or any of your contact information by calling us at (800) 559-7889 or writing us at PO Box 5990, Metairie La, 70009, Attn: Electronic Banking Dept.