Business Visa Credit Card Agreement - OnPoint

Transcription

Business VisaCredit Card AgreementONPOINT COMMUNITY CREDIT UNION BUSINESS VISACREDIT CARD AGREEMENT1.INTRODUCTION.This Agreement covers your Business Platinum VISA RewardsCredit Card account, issued by OnPoint Community Credit Union(“OnPoint”). In this Agreement the words “you,” “your,” “yours,”“applicant,” and “Borrowers” mean the business member whosigns the application for this Account, any joint obligor, andguarantor. The words “we,” “our,” and “OnPoint” mean OnPointCommunity Credit Union. The word “Card” means any one ormore credit cards issued under OnPoint’s Business Platinum VISAwith Rewards Card program for use by Borrower or its employees.By signing the application for this Account, signing or usingany Card, or allowing others to use the Card or Account, youagree to the following terms and conditions which will governthis Account.2.ACCOUNT ACCESS.A. Purchases and Cash Advances. You must sign the Cardto use it. Once you have signed the Card, you can use it to makepurchase, cash advance and balance transfer transactions up tothe full amount of your credit line. You may use your Account to getcash advances from OnPoint. You may also use your Card to get ateller machines (ATMs). You may use your Card to purchase goodsand services any place your Card is honored by participatingmerchants. No purchase amount may exceed the available fundsin your account. Only credit card balance transfers you make fromanother institution will be permitted and treated as a cash advance.OnPoint reserves the right to refuse any transaction that wouldB. VISA Convenience Checks. If we approve, you mayobtain advances under your Account by writing preprinted VISAconvenience loan checks that we supply to you. Your use of

loan checks will be shown as cash advances on your monthlystatement. We may not honor your loan check if: your check ispost-dated; payment of the check would exceed your credit limit;a check is signed by a person without authorized access; theamount of the check is less than the minimum required amount;your Account has been terminated or suspended; or any draftshave been reported lost or stolen. You may stop payment on a loancheck if you provide OnPoint with the exact information describingthe check. If you give OnPoint incorrect information, we will not beresponsible for failing to stop payment. You understand there maybe a charge for each stop payment order requested. Our liabilityfor a wrongful dishonor is limited to your actual charges, however,a dishonor for the reasons stated above is not a wrongful dishonor.Only the person whose name is printed on a convenience checkmay sign it. All convenience checks must be written in U.S. dollars.We will not certify a convenience check. You may write thesechecks for any amount providing your total outstanding balancedoes not exceed your available credit limit and your credit cardremains in good standing. We are entitled to return it unpaid ifthere is not enough available credit on your account to pay it, if youare in default under this Agreement, if your card or conveniencechecks have been reported lost or stolen, or if the conveniencecheck is post-dated. Over-limit fees will be charged as applicable.A VISA convenience check may not be used to make a payment onyour Account. OnPoint shall have no liability for any conveniencecheck returned in excess of your credit line.C. Overdraft Advances. In the event we have approvedoverdraft protection for you, for any overdrafts on a savingsor checking account of yours, we will treat the overdraft asa request for a cash advance on your credit line and we willtransfer this amount to your overdrawn account. For purposes ofthis Agreement, an overdraft advance will be treated as a cashadvance.3.YOU PROMISE TO PAY.You promise to pay OnPoint all such amounts, plus any FINANCECHARGES, which arise from use of the Card or Account by you orany other person, and to be jointly and severally liable with such aperson, unless such other person does not have actual, implied, orapparent authority for such use, and you received no benefit fromthe use. You promise to pay OnPoint either by direct payment or byautomatic transfers from savings or checking.4.CREDIT LINE.This Agreement will constitute a revolving line of credit for anamount which will be the credit line under your Account. Youmay access your credit line through Card purchases, cashadvances and balance transfers from other accounts of yours(non-OnPoint accounts). We will advise you of the amount of yourcredit line on your statement. That amount will be the maximumamount you may have outstanding at any one time. You agree notto attempt to obtain more credit than the amount of your credit line.However, if you temporarily exceed your credit line, you agree topay any over-limit fees and repay the excess immediately, even ifwe have not yet billed you. Obtaining such credit does not increaseyour credit line. We retain the right to increase or decrease your2

credit line at any time for any reason. Any increase or reduction onthe limit of your credit line will be shown on your monthly statementor by separate notice together with any changes in the applicableminimum monthly payments. Your eligibility for this credit lineis determined by our loan policy and may be terminated at our solediscretion, without demand or notice. You may close your creditline at any time by notifying OnPoint in writing and returning allCards cut in half. If you terminate this Agreement or if we terminateor suspend your credit privileges, the provisions of this Agreementand your liability hereunder shall otherwise remain in full force andeffect until you have paid OnPoint all sums due OnPoint under thisAgreement and returned all Cards.5.MINIMUM MONTHLY PAYMENT.You agree that you will pay each month not less than the minimummonthly payment on or before the scheduled monthly due date.The minimum monthly payment will be 2 percent ofyour outstanding balance (“New Balance”) or 10.00, whicheveris greater. If your outstanding balance is 10.00 or less, youagree to pay the balance in full. You may pay in full for all yourpurchases, cash advances and balance transfers each month,or you may repay in monthly installments. We can accept latepayments or partial payments, or checks, drafts, and money ordersmarked “payment in full,” without prejudice to our rights under thisAgreement, which are hereby explicitly reserved. Your paymentsmay be allocated at the OnPoint’s discretion to pay off lower ratebalances, such as promotional offers, before higher rate balances,such as cash advances or purchases. Payments in excess of theminimum payment will be allocated first to higher rate balances, asapplicable.6.SECURITY INTEREST.You grant OnPoint a security interest under the Oregon UniformCommercial Code in any goods purchased with your Card. Youagree that all collateral you have given OnPoint to secureother loan obligations (except dwelling secured loans), in thepast and in the future, will secure your obligations under thisAgreement. In addition, by signing the Card Application, you havegiven OnPoint a security interest in all your deposits, present andfuture, and all accounts (except Individual Retirement Accounts)with OnPoint; you agree, upon default, OnPoint may apply all thatis secured to pay any amounts due under this Agreement, withoutfurther notice to you.7.MONTHLY STATEMENTS.Each month we will send you a statement showing purchases,cash advances, balance transfers, payments, and credits madeto your Account during the billing cycle, as well as your “NewBalance,” any FINANCE CHARGE and any late charge or othercharges. Your statement also will identify the Minimum monthlypayment you must make for that billing period and the date itis due. You agree to retain for statement verification copies oftransaction slips resulting from each purchase, each advance, andother transactions on your Account. Unless you notify OnPoint ofa billing error you accept your monthly statement as an accuratestatement of your Account with OnPoint.3

8.CIRCUMSTANCES UNDER WHICH A FINANCE CHARGEWILL BE IMPOSED.The total outstanding balance of purchases, cash advancesand balance transfers on the Account on the closing date of abilling cycle, including any fees and FINANCE CHARGES will beshown on the Periodic Statement for that billing cycle as the “NewBalance.”A. Cash Advances and Balance Transfers. A FINANCECHARGE will be imposed on cash advances (including balancetransfers, convenience check advances and overdraft advances)from the date each cash advance is made or the first date of thebilling cycle in which the cash advance is posted, whichever islater, until such advances are paid. There is no time period withinwhich to pay to avoid a periodic FINANCE CHARGE on cashadvances, including balance transfers and convenience checkcash advances.B. Purchases. A FINANCE CHARGE will begin to accrue onthe date each purchase is posted to your Account until paid. AFINANCE CHARGE will not be imposed on new Card purchasesincluded in the New Balance on your statement, if the entireprevious balance is paid in full within 25 days after the closingdate or if you had no previous balance. This “grace period” allowsyou to avoid a FINANCE CHARGE on new purchases for a billingcycle. However, if you do not pay the entire previous Balance ofpurchases within the grace period, your FINANCE CHARGE willaccrue from the date the transaction is posted.9.METHOD USED TO DETERMINE THE BALANCE ONWHICH THE FINANCE CHARGE MAY BE COMPUTEDAND AMOUNT OF FINANCE CHARGE.We figure the Periodic FINANCE CHARGE on your Account byapplying the Periodic Rate to the “Average Daily Balance” of theaccount including current purchases and cash advances for yourAccount. To get the “Average Daily Balance” we take the beginningpurchase and cash advance balances of your Account each day,add any new purchases and cash advances and subtract anypayments or credits, unpaid FINANCE CHARGES and unpaid latecharges. The FINANCE CHARGE is determined by multiplyingthe average daily balance by the number of days in the billingcycle and applying the Periodic Rate to that amount. No FINANCECHARGE is imposed on purchases if payments and credits aremade sufficient to pay the “New Balance” shown on your periodicstatement within 25 days of the closing date of the previous billingcycle.10.PERIODIC RATE AND CORRESPONDING ANNUALPERCENTAGE RATE (VARIABLE).The FINANCE CHARGE imposed during the billing cycle willbe determined by multiplying the Average Daily Balance by thePeriodic Rate. The ANNUAL PERCENTAGE RATE is divided by12 to produce the monthly Periodic Rate. The Periodic Rate andANNUAL PERCENTAGE RATE are variable based on an indexwhich is The Wall Street Journal Western Edition Prime Rate asof the tenth day of the month (or the next business day if the 10thfalls on a weekend) plus a margin. The margin and the resulting4

Periodic Rate and ANNUAL PERCENTAGE RATE that will apply toyour account will be based upon your credit qualification and riskrating assigned by OnPoint to you at the time credit is granted andwhenever credit is reviewed. The range of the variable PeriodicRate margins offered by OnPoint are between: 4% and8% for the ANNUAL PERCENTAGE RATE for purchases and6% and 10% for the ANNUAL PERCENTAGE RATE for cashadvances. The index value plus the margin will equal the ANNUALPERCENTAGE RATE. The ANNUAL PERCENTAGE RATE maychange on the 21st day of each month and any increase ordecrease will affect the number of payments you will make. TheANNUAL PERCENTAGE RATE will never be less than 8% andnever exceed the rate permitted by applicable law. Your PeriodicRate and ANNUAL PERCENTAGE RATE will be disclosed toyou separately prior to use of your Card and will be shown oneach monthly statement. In the event you are in default of thisAgreement or if you have more than one late payment in twelve(12) months the ANNUAL PERCENTAGE RATE on your entireoutstanding balance will be increased to 17.9% on the first day ofthe new billing cycle following the late payment or notice ofdefault and will continue until you have 12 months without any latepayments or you satisfy the default condition.11.CONDITIONS UNDER WHICH OTHER CHARGES MAY BEIMPOSED.We may impose the following fees and charges on your Account:A.Late Fee. If we do not receive your minimum payment within3 days of the due date, we may impose a Late Fee of 30.00(balances 1000); 20 (balances between 100- 1000); 10(balance 99 or less). If you have more than one late paymentin twelve (12) months your account may be subject to a defaultANNUAL PERCENTAGE RATE as set forth above.B.Over-Limit Fee. If the unpaid balance of your accountexceeds the Credit Line stated on your monthly billing statement,we may impose an over-limit fee of 30.00. We reserve the right torefuse any transaction that exceeds your credit limit.C. Returned Item Fee. If any check we receive from you aspayment on your Account is returned to OnPoint unpaid we mayimpose a returned item fee of 30.00.D. Card Replacement Fee. We may impose a 5.00 cardreplacement fee for each BUSINESS VISA card which is lost,stolen, or damaged.E.Annual Fee. There is a 25 annual fee for each unique cardnumber associated with your Credit Card account.F.Miscellaneous Photocopying. If you request a copy of asales draft or other document, we may charge your Account 2.00per copy and 25.00 per hour. These charges cover the costsof locating, copying, and delivering the documents to you. If arequest is related to a billing error and an error is found, we willreverse any photocopying charges.5

G.Currency Conversion/Foreign Transaction Fee.Purchases and cash advances made in foreign countries willbe billed to you in U.S. dollars. The currency conversion rate forinternational transactions as established by BUSINESS VISAInternational, Inc. is a rate selected by BUSINESS VISA from therange of rates available in wholesale currency markets for theapplicable central processing date, which rate may vary from therate BUSINESS VISA itself receives, or the government-mandatedrate in effect for the applicable central processing date. In addition,you will be charged a Foreign Transaction Fee of up to 1% of thetransaction amount for any card transaction made in a foreigncountry.H.Attorney’s Fees and Costs. If you default on any part ofthis Agreement, you agree to pay OnPoint all costs to collect yourAccount, including court costs and reasonable attorney fees andcollection agency costs whether or not there is a lawsuit, and feeson any appeal and fees for bankruptcy proceedings, appeals, andany post judgment collection services, if applicable.I.ATM Fees. If you use an ATM to obtain a cash advance andthe ATM is not operated by OnPoint, you may be charged an ATMsurcharge by the ATM operator or an ATM network utilized for sucha transaction. The ATM surcharge may be charged to your accountif you complete the transaction.12. CONDITIONS OF CARD USE.The use of your Card and Account are subject to the followingconditions:A.Ownership of Cards. Any Card or other credit instrumentor device which we supply to you is our property and must bereturned to OnPoint, or to any person whom we authorize to actas our agent, or to any person who is authorized to honor theCard, immediately according to instructions. The Card may berepossessed at any time at our sole discretion without demandor notice. You cannot transfer your Card or Account to anotherperson. You may not use the Card for any illegal or unlawfultransactions and we may decline to authorize any transaction thatwe believe poses an undue risk of illegality or unlawfulness.B. Honoring the Card. Neither we nor merchants authorized tohonor the Card will be responsible for the failure or refusal to honorthe Card or any other credit instrument or device we supply to you.If a merchant agrees to give you a refund or adjustment, you agreeto accept a credit to your Account in lieu of a cash refund.C.Notices and Payments. All notices will be sent to youraddress as shown on your OnPoint account. You agree toadvise OnPoint promptly if you change your mailing address. Allpayments should be mailed to OnPoint at the remittance addressshown on your monthly statements. Payments received at thataddress will be credited to your Account as of the date received.D.Security of Account Access. You agree not to disclose orotherwise make any account access code available to anyone notauthorized to sign on your accounts. If you authorize anyone to6

have or use or access your account, you understand that personmay review all of your account information and make accounttransactions. You agree we are entitled to act on transactioninstructions received using your access code and you agree thatthe use of the Card, account or any access code will have thesame effect as your signature authorizing transactions. If youauthorize anyone to use or access your account in any mannerthat authority will be considered unlimited in amount and manneruntil you specifically revoke such authority by notifying OnPoint.You are responsible for any transactions made by such personsuntil you notify OnPoint that transactions and access by thatperson are no longer authorized and your access code is changed.If you fail to maintain or change the security of your accountaccess and OnPoint suffers a loss, we may terminate your accountservices immediately.13. DEFAULT.You will be in default under this Agreement if any of the followingoccur: (a) Any minimum monthly payment is not made when due;(b) You become insolvent, bankrupt, or you die; (c) You violate anypart of this Agreement, or any other agreement with OnPoint; or (d)if we reasonably deem ourselves insecure on your credit line. Wewill notify you in writing of any such action as soon as practical ifit occurs. Upon default, we may declare the entire unpaid balanceimmediately due and payable, and you agree to pay that amountplus any attorney’s fees and costs including collection agencycosts incurred by OnPoint. We can delay enforcing any rightunder this Agreement without losing that right or any other right. Anegative credit report reflecting on your credit record may besubmitted to a credit-reporting agency if you fail to fulfill the termsof this Agreement.14. CREDIT INFORMATION/FINANCIAL STATEMENTS.You authorize OnPoint to release information to others (e.g., creditbureaus, merchants, and other financial institutions) regarding thestatus and history of your credit line. You agree to provide OnPoint,at any time we deem necessary, with a current financial statementand updated credit information upon request. We may investigateyour credit directly or through a credit reporting agency.15. UNAUTHORIZED USE, LOSS OR THEFT OF CARD.You agree to notify us immediately of the loss, theft, orunauthorized use of your Account, Card or other credit instrumentor device which we supply to you. You may be liable for anyunauthorized use on the account. To the extent there are less thanten credit cards issued to you for business use by you,your officers, employees or authorized agents, you may not beliable for losses exceeding 50 related to credit transactions byunauthorized parties, if you notify us of your lost or stolen creditcard after discovery. If we have issued ten or more credit cardsto you, you agree there is no limit on the losses related to anyunauthorized use. You understand and agree that unauthorizeduse related to use of the card by someone other than you, yourofficers, employees or agents. You will need to notify: OnPointCommunity Credit Union, PO Box 31112, Tampa FL 33631-3112or Telephone: 1-866-820-3101 orally or in writing of loss, theft, orpossible unauthorized use.7

16. AMENDMENTS.You agree we may change any terms and conditions of thisAgreement at any time, subject to applicable law. If we change theperiodic rate, and subsequent purchases or advances are madeunder this Agreement, the entire balance will

The word “Card” means any one or more credit cards issued under OnPoint’s Business Platinum VISA with Rewards Card program for use by Borrower or its employees. By signing the application for this Account, signing or using any Card, or allowing others to use the Card or Account, you a