VISA" CREDIT CARD AGREEMENT
In this Agreement the words you
and your mean each and all of those who sign this Agreement. Card means a VISA credit card and any duplicates and renewals the Credit Union issues. Account means your VISA credit card line of credit account with the Credit Union. Credit Union means the Credit Union whose name appears on this application, agreement or credit disclosure statement.
4, Finance Charges. Separate finance charges for
purchases and cash advances are determined by multiplying the periodic rate by the separate average daily balances for purchases and cash advances. Each average daily balance is determined by taking the beginning balance (of cash advances or purchases) or your Account each day, adding any new purchases or cash advances (whichever is applicable) and subtracting any payments or credits. The results are the daily balances. All the daily balances for the statement cycle are added and the total is divided by the number of days the statement cycle to arrive at the average daily balance for the cycle. Cash advances are always subject to FINANCE CHARGE from the date they are posted to your Account. If a grace period applies:(a) Purchases. A Finance Charge will be imposed on Purchases posted during a Billing Cycle when the Previous Balance is not paid In full within the first twenty-five (25) days of the Billing Cycle. A FINANCE CHARGE will also be imposed on Purchases included in the New Balance when the New Balance is
not paid in full within twenty-five (25) days after the Closing Date.(b) Cash Advances. A Finance Charge will be imposed on Cash Advances from the date of the transaction to the date paid. The Finance Charge accrued on Cash Advances between the Closing Date of the Billing Cycle and the date your Account is credited will appear on your next statement. There is no time period within which to pay to avoid the Finance Charge.
8, General Terms Governing Your Payments. To protect you and us, the Credit Union, in its sole discretion, may place a temporary freeze on all or part of the credit available to you for new purchases or cash advances, under this Agreement any time the Credit Union receives a large payment. In such cases, the Credit Union may freeze your credit line until payment is actually collected by the credit Union.
9. Default, You will be in default if (a) you fail to pay the Minimum Payment Due by the Payment Due Date: (b) the Credit Union - in its sole discretion, feels insecure (For example: Our good faith belief that your ability to pay your Account is
impaired; use of your Account in any manner or m any way that may expose the Credit Union to risk of loss, etc.); (c) your ability to repay is materially reduced by a change in your employment, by an increase in your obligations, by bankruptcy or insolvency proceedings involving you, by your death, or (for community property state residents only) by a change in marital status or domicile: (d) you exceed your credit limit without our permission; (e) you have made a false or misleading statement to us In your application or otherwise; (f) you are In default under any other agreement with us; (g) if you use or authorize the use of any Card(s) to make or facilitate any illegal transaction: or (h) you fail to perform any other obligation under the terms of this Agreement as may he amended from time to time. Upon default we may close your Account to future purchases and advances and, to the extent not prohibited by Governing Law, demand immediate payment of your entire Account balance, after giving you any notice and opportunity to cure the default if required by applicable law. The Credit Union's sole obligation hereunder with regard to determining and declaring an event of default is the exercise of good faith," based on its subjective understanding of applicable facts.10. Illegal Transactions. You warrant and agree that your Credit Card, other access device or any related account will not be used to make or facilitate any illegal transaction(s) as
determined by applicable law; and that any such use, Including any such authorized use, will constitute an event of default under this Agreement. Certain federal and, or state laws or Card Service Providers' Rules may limit or prohibit certain transactions such as (but not limited to) those coded as possible gambling transactions. The Credit Union may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us or otherwise) under applicable law; or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions such as charges incurred at a hotel-casino. You understand and agree such limitations/prohibitions are not within the Credit Union's control and that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s); or for declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your Account and/or access devices.11. Your Responsibility and Liability for Unauthorized Use and Lost or Stolen Cards or Convenience Checks. You may be liable for the unauthorized use of your Credit Card. You may be liable for unauthorized use that occurs after you notify the Credit Union at PO. Box 50425, Indianapolis. IN, 46250-0425, orally or in writing of the loss, theft, or possible unauthorized use. If your Card or Convenience Checks are lost or stolen, or if you are afraid someone used or may use them without your permission, you must notify the Credit Union at once by calling I-800-289-5939 or 1-317-594-0011. If notice is given orally, you will promptly confirm it in writing. The Credit Union may require you to provide us certain information in writing to help us investigate any unauthorized use. Further, you agree to cooperate and assist us or any government or law enforcement agent or agency in investigating, collecting or pursuing any other rights (civil and criminal) relating to any unauthorized use. In this regard, you agree to file an appropriate police report when asked to do so. Do not use the Card or the Convenience Check, after you have notified the Credit Union, even if you find them or have them returned to you. You are liable for all transactions that you authorize. No Liability: You will have no liability for unauthorized use of your Card, Convenience Checks or other Access Devices for non-ATM transactions made over the VISA Network if the following conditions are met: (1) You have not been grossly negligent; and (2) You have not committed, participated in or conspired to commit any fraudulent act or scheme involving the use of your VISA credit card account. Limited Liability: For transactions on other networks or ATM transactions, you may be liable for unauthorized transactions using your Card, Convenience Checks or other Access Devices that occur before we are notified. However, your liability for unauthorized use on networks other than VISA will not exceed $50.00. In any case, you will not be liable for any unauthorized use after notifying us of the loss, theft or unauthorized use of your Card, Convenience Checks or other Access Devices.
12. Lost Card Notification, If you believe you Credit Curd has been lost or stolen, immediately inform the Credit Union. See area under disclosure boxes for Lost and/or Stolen card information.
13. Changing or Terminating You Account. Any individual cardholder without the consent of other cardholders may close your Account at any time by notifying us in writing as indicated in this Agreement. The Credit Union may close your Account or suspend your Card privileges or Convenience Checks at any time without prior notice. The Credit Union may also reissue a different Card or different checks at any time. You must return the Card or the Convenience Cheeks to the Credit Union upon request. You agree that the Card and all Convenience Checks remain the property of the Credit Union. Each Card we issue will have an expiration date. Upon expiration of your Card your Account will automatically terminate; or the Credit Union, at its sole discretion, may extend your Agreement and issue a new card with a new expiration date. If your Account is closed, expires or your credit privileges are terminated or suspended, you will remain responsible for paying all amounts you owe us according to the terms of this Agreement. Without limiting the forgoing, the Credit Union has the right to terminate your line of credit and to demand the return of all Cards, access checks and other access devices if the Credit Union, in its sole discretion, feels that it is insecure for any reason whatsoever: including but not limited to mismanagement of your Account, failing to safeguard any access device, creation of any credit balances by you that may increase the risk of loss or exposure of the Credit Union or failing to cooperate with the Credit Union or others with regard to any claim of unauthorized use or any other defense to payment under applicable law.
14. Credit Information. You authorize the Credit Union to investigate your credit standing when opening or reviewing your Account. In assessing any increase to your credit limit under the provisions in this Section, we may and you authorize us to review your credit history, including consumer credit reports. You authorize the Credit Union to disclose information regarding your Account to credit bureaus and creditors who inquire about your credit standing.
15. Returns and Adjustments. Merchants and others who honor the Card may give credit for returns or adjustments, and they will do so by sending the Credit Union a credit slip which will be posted to your Account. If your credits and payments exceed what you owe the Credit Union, the amount will be applied against future purchases and cash advances. If the amount is SI.00 or more, it will be refunded upon your request or automatically refunded no later than six (6) months from posting.
16. Additional Charges for Transactions in a Foreign Currency and "Cross-Border " Transactions. Currency Conversion Fee: If you effect or authorize a transaction with your access device in a currency other than US Dollars, VISA will convert the charge into a US Dollar amount. The VISA currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by VISA, as applicable. The exchange rate VISA uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of the purchase or the date the transaction was posted to your Account. A Currency Conversion Fee of up to 1% will be applied to transactions that are converted fro foreign currencies to U.S. dollars. Cross-Border Transaction Fee: In addition, VISA charges us a Cross-Border Assessment up to 1% on each transaction on all cross-border transactions regardless of whether there is a currency conversion. For purposes of this Section. ''cross-border transaction" shall include both (a) transactions initiated in a foreign country which are subsequently settled in the United States, and (b) transactions initiated in the United States but which are ultimately settled in a country outside of the United States. The Credit Union will assess these fees to you to reimburse it for the fee it is required to pay for each of your transactions subject to these terms. The Cross-Border Transaction Fee will be shown separately on you periodic billing statement - The Currency Conversion Fee, if it applies will be either included in the transaction amount or shown as a separate line item below the transaction amount posted on your statement.
17, Merchant Disputes. The Credit Union is not responsible for the refusal of any merchant or financial institution to honor the Card - The Credit Union is subject to claims and defenses (other than tort claims) arising out of goods or services you purchase with the Card if you have made a good faith attempt but have been unable to obtain satisfaction from the merchant or service provider, and (a) your purchase was made in response to an advertisement the Credit Union sent or participated in sending to you; or (b) your purchase costs more than $50.00 and was made in your state or within 100 miles of your home.
18. Effect of Agreement. This agreement is the contract that applies to all transactions on your Account even though the sales, cash advances, credit or other slips you sign or receive may certain different terms. You agree to all the terms and charges contained in the "Credit Disclosure".
19. No Waiver. The Credit Union can delay enforcing any of its rights any number of times without losing them.
20. Monthly Statements and Notices. We will send you a monthly billing statement whenever there is activity on your Account. Your monthly statement will show an itemized list of current charges (Purchases and Cash Advances) and Convenience Check transactions to your Account, your new balance, and Finance Charges, the minimum payment due, and the payment due date. In addition, it will show your current credit limit, payments, and credits, a summary showing your Purchases and Cash Advances, the merchant, electronic terminal or financial institution at which transactions were made, as well as other information concerning your Account. Sales, Cash Advance, credit or other slips cannot be returned with any statement. You will retain a copy of such slip furnished at the time of the transaction in order to verify your monthly statement. E-Statements: If provided electronically, statements will be (1) e-mailed to you as an attachment; or (2) you will be sent a notice via e-mail that will direct you to a site we maintain or cause to be maintained where you may access, review, print and otherwise copy/download your periodic statements using procedures that we authorize. E-mails from us will be sent to the e-mail address provided by any owner. Notices sent to any one of you will be considered notice to all.
21, Additional Benefits/Card Enhancements. The Credit Union may from time to time offer additional services to your Account, such as travel accident insurance, purchase rewards or rebates at no additional cost to you. You under stand that the Credit Union is not obligated to continue to offer such services and may withdraw or change them at any time. If these benefits are withdrawn prior to any accrued use by you, the Credit Union will have no obligation to provide the benefit or enhancement, or any other compensation or consideration.
22, Other Fees and Charges. Other fees and charges that will be added are shown in the "Credit Disclosures" table and immediately below the "Credit Disclosures" table. The fees will be treated by the Credit Union as an adjustment to the Account balance and will not be subject to a finance charge.
YOUR BILLING RIGHTS (KEEP THIS NOTICE FOR FUTURE USE)
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify Us 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 you bill, write us on a separate sheet at the address listed on your bill. Write us as soon as possible We must hear from you no later than sixty (60) days after we send you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter. give us the following information:
• Your name and Account number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about.
If you have authorized us to pay your credit card bill automatically from your savings or share draft account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three (3) business days before the automatic payment is scheduled to occur.
Your Rights and Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to apply any unpaid amount against your credit limit. You do not have to pay any questioned amount, you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report to that you have a question about your bill. We must tell you the name of anyone we reported you to. We tell anyone we report to that the matter has been settled between us when resolved.
If we don’t follow these rules, we can’t collect the first $50.00 of the questioned amount, even if your bill was correct..
Special Rule for Credit Card Purchases
If you have a problem with the quality of property or services that you purchased with a 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 property or services. There are two (2) limitations on this right:
These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property.
The minimum monthly payment is 3% of your total new balance but not less than $25.00, plus the amount of any prior payments you have not paid. Payments of $10,000 or greater may not be part of your available credit for three (3) business days. Your Payment is due the 4th of every month.
How We Will Calculate Your Balance : We use a method called "average Daily Balance (including current transactions)." See your account agreement for more details.
Loss of Balance Transfer APR: We may end your Balance Tansfer APR if you make a late payment.
Billing Rights: Information on you rights to dispute transactions and how to excerise those rights is provided in your account agreement.
Information contained in this Credit Disclosure is accurate as of 11/01/2012 and is subject to change thereafter. To obtain more recent information, please call us at 1-800-289-5939.
APPLICATION FOR CREDIT
Member Acct. No.: _____________________ Reason for Credit Request: ____________________________
Information on Borrower:
First Name: __________________________________ Middle: __________________ Last: _______________________________________
Birth Date: _______________________Social Security No.: __________________________Home Phone: _________________________
Cell Phone: _______________________ E-mail Address: ________________________________________________
Street Address: _____________________________________________ City: _______________________ State: _______ Zip: ____________
Employer's Name: ___________________________________________ Position: ___________________ Time at Job (years): ______
Employer's Phone: ___________________________
Gross Monthly Income: _______________________ Is there a co-applicant? Yes ____ No _____
Other Monthly Income: _______________________ Source of Other Monthly Income: _____________________
Are you a US citizen? Yes _____ No _____
Information on Co-Applicant:
First Name: __________________________________ Middle: __________________ Last: ______________________________________
Birth Date: _______________________Social Security No.: __________________________Home Phone: ________________________
Cell Phone: _______________________ E-mail Address: ________________________________________________
Street Address: _____________________________________________ City: ________________________ State: ______ Zip: ____________
Employer's Name: ___________________________________________ Position: ___________________ Time at Job (years): ______
Employer's Phone: ___________________________
Gross Monthly Income: _______________________
Other Monthly Income: _______________________ Source of Other Monthly Income: _____________________
Are you a US citizen? Yes _____ No _____
Nearest Relative Not Living With You:
Name: _______________________________________________________ Home Phone: ___________________________________
Street Address: _______________________________________________ City: ________________________ State: ______ Zip: __________
Relationship to applicant: ____________________________
Home: [ ]Own [ ] Buying [ ] Rent
Landlord or Mortgage Holder: _________________________________________
Value: ________________________ Balance: __________________________ Monthly Payment: ___________________
Automobiles:
Year/Model If financed, by whom Value Balance Payment
1._________________ _________________________ ____________________ ____________________ ____________________
2._________________ _________________________ ____________________ ____________________ ____________________
Debts: Include credit cards, child support, medical or other monthly installment payments.
Creditor Present Balance Monthly Payment
_________________________________ __________________________ __________________________
_________________________________ __________________________ __________________________
_________________________________ __________________________ __________________________
Declarations: In submitting this form, I/we certify that the above information is, to the best of our knowledge, true, complete and correct. I/we understand that I/we may lose our property (if this is a secured loan) if we do not make repayments as agreed on the loan document that may be executed in conjunction with this loan application. Indiana Lakes Federal Credit Union (ILFCU) may obtain verification from any source named in the application and from third parties as such as credit bureaus. ILFCU will retain the original copy of this application, even if the loan is denied or not closed for any reason. I/we authorize ILFCU to make credit investigations necessary to the judicious underwriting of the loan request and to answer valid requests regarding their credit experience with me/us. I/we also agree to update any information provided to ILFCU, and to inform ILFCU in writing of any material changes affecting our name, address, credit and employment. I/we fully understand that it is a federal crime, punishable by fine or imprisonment or both, to knowingly make any false statements concerning any of the above facts as applicable under the provisions of Title 18 US C Sec. 1014. If this is an application of a joint account, these statements apply to all joint applicants.
Borrower Signature: ________________________________________________________ Date: _____________________________
Co-Borrower Signature: _____________________________________________________ Date: _____________________________