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First-Citizens Bank & Trust Company Business Credit Card Cardholder Agreement
A. AGREEMENT .................................................................................................... 2
B. USE OF THE ACCOUNT ............................................................................................. 2
1. Card Use ................................................................................................. 2
2. Transactions Limitations/Suspensions ............................................................................ 2
3. Company Credit Limit ........................................................................................ 3
4. Cardholder Spend Limit ...................................................................................... 3
5. Finance Charges ............................................................................................ 3
6. Fees ..................................................................................................... 4
7. Rates .................................................................................................... 4
8. Checks and Cards .......................................................................................... 4
9. Responsibility for Charges to Your Account ........................................................................ 4
10. Refusal to Honor Card or Checks; Adjustments ..................................................................... 4
11. Lost/Stolen Cards or Checks ................................................................................... 4
12. Responsibility for Charges to Your Account by Authorized User ......................................................... 5
13. Prohibitions on Funding Unlawful Internet Gambling ................................................................. 5
C. GENERAL INFORMATION ........................................................................................... 5
1. Statements ................................................................................................ 5
2. Loan Date ................................................................................................. 5
3. Billing Statement and Notification of Billing Errors .................................................................. 5
4. Disclosures of Information .................................................................................... 5
5. Accounts with Rewards Programs .............................................................................. 5
6. Governing Law ............................................................................................. 5
D. MAKING PAYMENTS .............................................................................................. 5
1. Payments ................................................................................................. 5
E. DEFAULT AND CLOSING THE ACCOUNT ................................................................................ 6
1. Default ................................................................................................... 6
2. Closing the Account ......................................................................................... 7
F. CREDIT REPORTING ............................................................................................... 7
1. Investigating Credit; Reporting Credit History ...................................................................... 7
G. COMMUNICATION ................................................................................................ 7
1. Contacting You ............................................................................................. 7
2. Change to Rates, Fees and Terms ............................................................................... 7
3. Delivery of Notices and Statements ............................................................................. 7
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A. AGREEMENT
This Business Credit Card Cardholder Agreement (the “Agreement”) governs the use of your Account with us. It includes any subsequent disclosures that
we provide to you from time to time, all of which are incorporated herein 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.
• Authorized User means an individual to whom you have asked us to issue a Card on your Account.
• Balance Transfer Fee means the Transaction Fee as defined in Use of the Account.
• Bank, we, us and our refer to First-Citizens Bank & 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, balance, Minimum Payment Due and Payment Due Date.
• Card means either one or more credit cards or any other access device such as a debit or ATM card, used to access your Account.
• Cash Advance Fee means the Transaction Fee as defined in Use of the Account.
• Cash Finance Charge is the term used on your Statement denoting the Interest Charge to your Account for cash advances you obtain using your
Card and/or by Check.
• Check means any one or more convenience checks we may send you to access your Account and obtain cash advances.
• Company refers to the business organization or sole proprietorship that has applied for the Account.
• Finance Charge is the cost of credit as a dollar amount. It includes Interest Charges plus 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
the Finance Charge section of this Agreement.
• Merchant means a business displaying the applicable (Visa) card brand network logo and accepting your Card for the purchase of goods and
services.
• Minimum Payment Due means the amount you must pay to avoid a Late Payment Fee.
• Payment Due Date means the date by which you must pay the Minimum Payment Due to avoid a Late Payment Fee. See the Payments section of
this Agreement for more details.
• Penalty Pricing means an increase in your APR due to one or more delinquencies in payment.
• Purchase Finance Charge is the term used on your Statement denoting the Interest Charge to your Account for your purchases and transferred
balances.
• Total Interest is a summary of the Interest Charges for each balance calculated using the associated APR.
• Transaction Fees are components of your FinanceCharge and include Foreign Currency Conversion Fees, Balance Transfer Fees and Cash Advance
Fees.
• You, your and yours means each business (or other entity) applicant for the Account, any business, entity or person responsible for paying the
Account, and anyone authorized to use, access or service the Account, including any Authorized User.
B. USE OF THE ACCOUNT
1. 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 where the Card is honored up to the credit limit we establish for you. You may also borrow cash from us up to the cash limit we establish
for you for cash advances. You must follow any and all reasonable and proper procedures required by us or by any other bank or Merchant honoring
the Card.
2. Transaction Limitations/Suspensions. There is no minimum dollar amount required on Card purchases; however, there is a $50.00 minimum on
cash advances and a $100 minimum on balance transfers. 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. At our discretion, we may limit the number of transactions that may be approved in
any one day. If we detect unusual or suspicious activity on your Account, we may temporarily suspend your credit privileges until we can verify the
activity. We may, in our discretion, approve transactions that cause your balance to exceed your credit limit without waiving any of our rights under
this Agreement.
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3. Company Credit Limit. Bank will establish a credit limit for the Account at a Company-wide level (the “Company Limit”) for Purchases (“Purchase
Credit Limit”). At our discretion, we may change your company limit at any time as permitted by law and after providing you with any required notice.
We do not automatically increase your company limit if you make a payment that results in your Account having a credit balance. You may request
a change to your company limit by contacting us 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.
4. Cardholder Spend Limit. Bank or Company may establish individual spending limits for Purchases on a per Card basis, referred to as “Spending
Limit.” Spend Limits operate differently than Credit Limits. If you have selected the Company Bill option, once a Cardholder’s Spend Limit has been
reached in any billing cycle, the Cardholder’s Card becomes unusable for the remainder of that billing cycle, even if the Company makes a payment
on the Account or Card during that cycle. The Spend Limit on the Card will not be refreshed until the first day of the next billing cycle. It is Company’s
responsibility to monitor that status of Spend Limits.
If you have selected the Individual Bill option, once a Cardholder’s Spend Limit has been reached in any billing cycle, the Cardholder’s Card becomes
unusable until a payment has been made and credited to the Cardholder’s Card. After receiving a payment, we can immediately increase the avail-
ability credit on the Cardholder’s Card, or delay increasing the available credit on the Cardholder’s Card for a period of time. Bank may, at any time
and at Bank’s sole option, with or without notice to Company, increase, or decrease the spend Limit on an Card.
5. Finance Charges. Total Finance Charges imposed on your Account each Billing Cycle equal 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 (your “Purchase Finance Charge”): We will impose no Interest Charge to your
Account for your purchases if we credit you for payment of the entire 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 Payments section of this Agreement), or you do not pay your
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 (your “Cash Finance Charge”): 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: We use the average daily balance method (including current transactions) for calculating an average
daily balance for your (i) purchase balance (including transferred balances) and (ii) cash advance balance. To get the average daily balance
of your purchases balance (including balance transfers) and your cash advance balance, we take the beginning balance of your Account
each day, add any new purchases, cash advances and balance transfer amounts, as applicable, add any unpaid charges (including Finance
Charges), fees and other debits, and subtract any applicable portions of payments and credits. This gives the daily balance. Then we add
up all the daily balances for the Billing Cycle and divide by the number of days in the Billing Cycle to get the average daily balance.
• Calculation of Your Interest Charge: Your Interest Charge for the period is based on the applicable APR associated with each balance. We
calculate Interest Charges separately for your purchase balance (including balance transfers) and your cash advance balance under each
applicable APR. We list each Interest Charge (including the Purchase Finance Charge and the Cash Finance Charge) separately on your
Statement. We compute each Interest Charge by:
(1) Taking each applicable APR and calculating the corresponding monthly periodic rate (the applicable APR divided by 12), and
(2) Multiplying the average daily balance for each balance by the applicable monthly periodic rate to obtain your Total Interest for the
period.
• Minimum Interest Charge. The minimum Interest Charge, if any, imposed on your Account will be $1.00. If your Account accrues less than
$1.00 in interest for any Billing Cycle, we will round the charge up to $1.00.
b. Transaction Fees: You will pay additional Finance Charges, called Transaction Fees, if incurred. A description and the amount of each of these
fees is included below. In the first Billing Cycle in which a Transaction Fee is posted, the Transaction Fee may cause the APR shown on your
Statement for that Billing Cycle to exceed the nominal APR.
• Foreign Transaction Fee: Visa International, as applicable, will convert any charges you incur in currency other than U.S. dollars into a U.S.
dollar amount under the currency conversion procedures set forth in their respective Operating Regulations in effect at the time the trans-
action is processed. The non-U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in
the non-U.S. dollar currency by a currency conversion or exchange rate. The currency conversion rate is either (i) a government-mandated
rate in effect for the applicable processing date; or, (ii) for Visa, a rate selected by Visa from the range of rates available in wholesale cur-
rency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives. The currency conversion
rate is determined as of the date the transaction is processed and may differ from the rate in effect on the date the transaction occurred
or posted to your account. Visa charges us, as the processing bank, a percentage of the transaction amount. See the Pricing Information
Disclosure on the back of the card carrier that came with your card for the amount of the fee.
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• Cash Advance Fee: We charge you a fee for cash advances you make (“Cash Advance Fee”). For purposes of the imposition of a Cash
Advance Fee, the term “cash advance” means a cash advance loan made to you or on your behalf through the use of a Card, but does not
include purchases, the use of Checks, or balance transfers to your Account from credit card accounts you maintained at other financial
institutions. See the Pricing Information Disclosure on the back of the card carrier that came with your card for the amount of the fee.
• Balance Transfer Fee: We charge you a fee for balance transfers you make (“Balance Transfer Fee”). For purposes of the imposition of a
Balance Transfer Fee, the term “balance transfer” means a transfer of outstanding balances from other credit cards to your Account. See
the Pricing Information Disclosure on the back of the card carrier that came with your card for the amount of the fee.
6. Fees. You agree to pay the following fees, if incurred:
• Annual Fee: See the Pricing Information Disclosure on the back of the card carrier that came with your card for the amount of the fee.
• Expedited Card Fee (for requests for expedited delivery of Cards): $35.
• Document Fee (for duplicate copies of Statements and copies of charge slips or other documents not requested in connection with a billing
error): $10 per Statement or item.
• Expedited Delivery of Payment Fee (for rush payments):
• The fee to make an expedited payment through Western Union® Speedpay® Bill Payment Service (or similar service provider) will be
disclosed to you at the time you initiate payment through a Bank Customer Care representative.
• The fee to make a payment transfer from one of your Bank checking or savings accounts with the assistance of a Bank Customer Care
Center representative: $3.50.
• Over-the-Credit-Limit Fee: In each Billing Cycle that your Account balance exceeds your credit limit by 2% or more. If your Account remains
over your credit limit in subsequent Billing Cycles, an additional Over-the-Credit Limit Fee will be imposed on the billing date. See the Pricing
Information Disclosure on the back of the card carrier that came with your card for the amount of the fee.
7. Rates. Your APR and corresponding monthly periodic rate are based on the highest prime rate as published in the Money Rates table of The Wall
Street Journal on the last business day of the preceding calendar month (the “Prime Rate”). These rates are subject to increase (or decrease)
monthly if the Prime Rate increases (or decreases). Your monthly periodic rate will be determined by dividing the APR by 12. An increase in the Prime
Rate will cause the APR to increase and will result in an increase in the amount of the Interest Charge. This may cause an increase in the Minimum
Payment Due or cause a smaller amount of the Minimum Payment Due amount to be applied to principal.
a. Penalty Rate on Delinquent Account: The penalty APR may be applied if your account becomes 60 days delinquent. This penalty rate will remain
in effect until your Account is in a non-delinquent status for three consecutive Billing Cycles, at which time your APR will revert back to the
standard APR for your account type.
b. Unpaid Charges: On a monthly basis, unpaid Finance Charges and other unpaid charges will be consolidated into your Account balance. In
this way, unpaid Finance Charges and other unpaid charges from prior Billing Cycles will be subject to, and included in, the calculation of the
new Finance Charge.
8. Checks and Cards. Cards are issued by, and are the property of, First-Citizens Bank & Trust Company located at 4300 Six Forks Road Raleigh, NC
27609. Cards and related Checks remain our property at all times and may be repossessed by us at any time. We may refuse to issue or reissue
you a Card or Checks, revoke your Card or limit Card use, and/or revoke your privileges relating to the use of Checks, without your knowledge and
without notice to you. If we revoke your Card or withdraw your privilege to use any Checks, and you become aware of such revocations/withdrawal,
you must surrender to us or our agent the Card, the Checks, and any other cards or devices that may be used to access the Account. You must not
use any expired, revoked or otherwise invalid Card or Checks to obtain, or attempt to obtain, credit. You must not use the Card and/or the Account
for any illegal transactions.
9. Responsibility for Charges to Your Account. We may charge your Account for any transaction authorized either by you or by any Authorized User.
Valid authorization for a transaction may be given (i) in writing (e.g., by signing a sales slip or cash advance slip), (ii) verbally (e.g., by telephone), or
(iii) electronically (e.g., over the Internet). If you or any Authorized User gives your Account number to any third party who uses that information to
initiate a charge against your Account, we will consider the transaction authorized by you.
10. Refusal to Honor Card or Checks; Adjustments. We are not responsible if a Merchant refuses to honor your Card or Checks. If your Account
requires an adjustment for goods or services purchased (a return), we will make the adjustment only to your Account and only upon our receipt of
a properly executed credit slip. You agree not to accept any cash refunds with respect to any adjustments for goods or services purchased.
11. Lost/Stolen Cards or Checks. You agree to notify us immediately if you discover that any Card or Check is lost, stolen or used in an unauthorized
manner. You also agree to give us your complete cooperation in our attempts to recover from unauthorized Card or Check users and to assist us in
the prosecution of such persons.
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12. Responsibility for Charges Made to Account by Authorized Users. You shall be responsible for all credit obtained through purchases, cash
advances or otherwise by the authorized use of the Card by any person. You shall certify to us, in such form and manner as we may in our sole
discretion require, the persons authorized to receive and use the Card in your name, and you agree to indemnify, defend and hold us harmless for
any and all claims, demands, liability, loss, damage or expense, including but not limited to court costs and attorneys’ fees, resulting from or arising
out of honoring the signature of any person so certified or refusing to honor any signature not so certified. You shall be liable for unauthorized use
of Card for purchases, cash advances or otherwise to the maximum extent allowed by law. If ten (10) or more Cards are issued to you (or your
employees, agents or representatives), in the aggregate, for use by you and your employees, agents or representatives, you agree to be responsible
for all credit obtained through purchases, cash advances or otherwise by unauthorized use of the Cards, whether such unauthorized use is made by
an employee or agent or other known person or as a result of loss, theft or otherwise.
13. Prohibitions on Funding Unlawful Internet Gambling. We prohibit “restricted transactions” as described in the Unlawful Internet Gambling
Enforcement Act as implemented by the federal interagency rules entitled “Prohibition on Funding of Unlawful Internet Gambling” promulgated by
the Federal Reserve Board and the Department of the Treasury and codified in 12 C.F.R. pt. 233 (Regulation GG) and 31 C.F.R. pt. 132. If you are a
business customer, we will ask you if your business is engaged or involved in internet gambling. If you deny such involvement we may ask you to
provide us with a certification to that effect. If your business is or later becomes involved in internet gambling we may, in our discretion, do any one
or more of the following: (i) decline to open an account for your business; (ii) close your account if it has already been opened; (iii) require you to
provide us with a copy of the license issued to your business by the appropriate state or tribal authority that expressly authorizes you to engage in
an internet gambling business, or, if such license is not available, a reasoned legal opinion confirming that your internet gambling business does not
involve transactions considered “restricted transactions” under the federal Unlawful Internet Gambling Enforcement Act; and/or (iv) require you to
provide us with a written certification (a) advising the Bank of any change in your legal authority to engage in an internet gambling business and (b)
certifying that your systems for engaging in an internet gambling business are reasonably designed to ensure that such business will remain within
the legal limits.
C. GENERAL
1. Statements. With limiting Company’s obligation under this Agreement, Company may specify “Individual Bill” or “Company Bill” options for the
Cards. Under the “Company Bill” option, all of the Statements are delivered directly to Company. Under the Individual Bill” option, Statements are
delivered directly to the individual Cardholder’s business address as provided.
2. Loan Date. Is the date the Account was created.
3. Billing Statement and Notification of Billing Errors. We will send you a periodic Billing Statement every month. It is your responsibility to review
the Statement and notify us promptly of any charge or item you believe to be in error or subject to dispute. If you do not notify us of any disputed
items within sixty (60) days after the date we send you the Statement on which the error first appears, the item(s) will be conclusively deemed as
correct to the extent permitted by law. You will not receive any cancelled Checks with your Statements; however, you may obtain a photocopy of
an electronic image of any Check we have in our records that you request. You may be required to pay a Document Fee for such copies. (See Fees
section of this Agreement for amount of fee).
4. Disclosures Of Information: Each Individual Cardholder consents to the release of personal data as described in the Bank’s Privacy Notice available
at: https://www.firstcitizens.com/privacy-security
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5. Accounts with Rewards Programs. If there is a rewards program associated with your Account, you acknowledge and agree that your participa
tion in the rewards program is governed by the terms of the Rewards Program Rules.
6. Governing Law. This Agreement and your Account shall be subject to and governed by federal law and, to the extent permitted, by the laws of
the State of North Carolina (even if you are not a resident of North Carolina) in all respects, whether in contract or in tort, including matters of con
struction, validity and performance and matters relating to terms, rates, fees and charges, but without giving effect to those principles of conflict of
laws that might otherwise require the application of the laws of another jurisdiction. You acknowledge and agree that your Account was approved
in the State of North Carolina. You agree that, to the extent permitted by law, we can change the designation of the state whose law governs this
Agreement.
D. MAKING PAYMENTS
1. Payments.
a. Crediting Your Payment: Payments must be made to us in U.S. dollars from a U.S. deposit account and otherwise be acceptable to us. We do
not accept cash payments through the mail. We will credit your payment to your Account on the date we “receive it” as follows:
• If you make your payment in person at one of our branches on a Bank business day (any day except Saturday, Sunday or a bank holiday),
we will credit your payment on that day if we receive your payment prior to branch closing and you provide the remittance portion of your
Statement with your payment. Otherwise, crediting of your payment will be delayed.
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• If you make your payment by mail, we must receive it at the specific address we publish on your Statement. The remittance portion of your
Statement must be included with the payment. Otherwise, our receipt and crediting of your payment will be delayed.
• If you make your payment at one of our ATMs on a Bank business day, we will credit your payment on that day if you make the payment
prior to the ATM cutoff time for that ATM.
• If you make your payment via an electronic transfer (ACH transfer, bill pay, transfer from another account, etc.), we will credit your payment
on the day that it posts to your Account.
• If our crediting of your payment is delayed because your payment is mailed to the wrong address, does not meet our branch or ATM cutoff
time, or does not include the remittance portion of your Statement (when applicable), we will generally credit your payment to your Ac-
count the next Bank business day, but no later than 5 days after we receive it.
• We may delay posting all or a portion of your payment until it is honored by the paying bank.
b. Minimum Payment Due: Your Minimum Payment Due is listed on your Statement and equals the greater of:
• $10.00, or
• 5% of the balance on the Account, or
• the sum of: (A) 1% of the balance on the Account, (B) Finance Charges accrued since the last Billing Cycle (including, but not limited to,
Cash Advance Fees), and (C) any Late Payment Fees, Over-the-Credit-Limit Fees, Returned Payment Fees, and Annul Fee (if applicable)
that have posted to your Account since the last Billing Cycle. If you pay more than the Minimum Payment Due during any particular Billing
Cycle, you are still required to pay the Minimum Payment Due in subsequent Billing Cycles.
c. Application of Payments: We apply all payments first to Finance Charges, then to other charges, then to the unpaid balance of cash advances,
and lastly to the unpaid balance of purchases. We may, but are not required to, allow you to skip making a minimum monthly payment in certain
Billing Cycles (a “Payment Holiday”). If you accept a Payment Holiday, we will continue to apply Finance Charges to your Account, but we will not
impose a Late Payment Fee for that Billing Cycle. For the Billing Cycle following a Payment Holiday, all credit terms disclosed herein (including
minimum payment requirements and applicable late payment fees) will again apply.
d. Late Payment Fee: If payment of the Minimum Payment Due amount on your Account is not credited to your Account by Payment Due Date,
we will charge you a Late Payment Fee. See the Pricing Information Disclosure on the back of the card carrier that came with your card for the
amount of the fee.
e. -Returned Payment Fee: We will charge you a Returned Payment Fee any time any payment you make to us is not paid by your financial institu
tion for any reason even if that institution later pays it. See the Pricing Information Disclosure on the back of the card carrier that came with your
card for the amount of the fee.
E. DEFAULT AND CLOSING THE ACCOUNT
1. Default.
a. Company will be in default if:
• Bank does not receive any payment due at the proper address on our before the payment due date;
• You exceed any applicable Credit Limit or Spend Limit;
• You breach any term of this Agreement or any other agreement with us;
• Company files for bankruptcy, or becomes insolvent or generally unable to pay Company debts, or makes an assignment for the benefit of
creditors;
• Company is in default under other obligation to the Bank;
• Another creditor attempts through legal process to take any of Company’s money or property;
• The Bank reasonable believes that Company is unable or unwilling to honor all of the obligations under these Terms or other obligations
the Company owes to the Bank;
• The Bank has evidence or reasonable believes that an unauthorized use of any Card or the Account has been made or attempted; or there
is any material change in the equity ownership or managerial control of Company.
b. Our rights in the event of default: We may, at our option, and after giving you all legally required notices and right to cure, declare all amounts
you owe us immediately due and payable with interest at the rate provided in this Agreement. If this occurs, you agree to pay us, all costs of
collection we are permitted by applicable law to charge you, including, without limitation, reasonable attorneys’ fees and expenses. Any such
attorneys’ fees shall be added to the unpaid balance on your Account and interest will be charged on the amount at the rate provided in this
Agreement. We have the right to cancel this Agreement and take immediate possession of all Cards and Checks.
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2. Closing The Account. You may cancel this Agreement at any time by notifying us in writing and returning to us any and all Cards and/or Checks we
have provided to you. We may also cancel this Agreement at any time without notice except when prohibited by law. In either case, you remain liable
for and must continue to pay all amounts you owe on your Account in accordance with the terms contained in this Agreement. Cards are issued to
you (or your employees, agents or representatives), in the aggregate, for use by you and your employees, agents or representatives, you agree to
be responsible for all credit obtained through purchases, cash advances or otherwise by unauthorized use of the Card, whether such unauthorized
use is made by an employee or agent or other known person or as a result of loss, theft or otherwise.
F. CREDIT REPORTING
1. Investigating Credit; Reporting Credit History.
You authorize us at any time we believe is appropriate to obtain or conduct whatever credit investigation we feel is needed to evaluate your credit,
personal or financial standing and/ or employment. Upon our request, you agree to provide us with your current financial information. You also
authorize us to report information about your Account to credit reporting agencies, and share your credit experience, including information on late
payments, missed payments, or other defaults on your Account, with credit reporting agencies, creditors and any other parties. This information may
be reflected in your credit report. (For purposes of this paragraph, “you” and “your” also include all owners and principals of the applicant.)
G. COMMUNICATION
1. Contacting You. To the extent permitted by applicable law, you expressly authorize us, our affiliates, our agents, and any independent contractors
we hire to contact you in person or by using an automated device or prerecorded messaging system or any other way at any telephone number or
other electronic device or devices we or our affiliates or agents believe will or may connect us/ them with you including, but not limited to (i) cell
phone numbers you have given to us or we may acquire by any other means, (ii) text messaging, (iii) email, or (iv) facsimile.
2. Change to Rates, Fees and Terms. We may add, delete or change any term of this Agreement at any time unless the law prohibits us from doing
so. We will send advance notice of any changes to you at the address you have given us as required by law. As set forth in the Rates section of this
Agreement, your variable APR can go up or down monthly as the index for the rate goes up or down. If we increase your Interest Charge for any
other reason, we will notify you in writing. You agree that any new or changed terms, including any change in the way we compute Finance Charges
or other charges, shall apply both to credit obtained on or after the effective date of the amendment and to any unpaid balance you owe on the
effective date.
3. Delivery of Notices and Statements. Any notice or Statements we mail to the address we have for you as shown in our records for this Account
shall be considered to have been given and received by you.
