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FEDERAL
DISCLOSURE STATEMENT - VISA PLATINUM CREDIT CARD
In
this Agreement the words "you" and "your"
mean each and all of those who agree to be bound by this
Agreement; "Card" means the VISA credit card and
any duplicates, renewals, or substitutions the Credit Union
issues to you; "Account" means your VISA credit
card line of credit account with the Credit Union, and "Credit
Union" means the Credit Union whose name appears on
this Agreement or anyone to whom the Credit Union transfers
this Agreement.
1.
Using Your Account. . If you are approved for an
Account, the Credit Union will establish a line of credit
for you and notify you of your credit limit. You agree that
your credit limit is the maximum amount (purchases, cash
advances, finance charges, plus "other charges")
that you will have outstanding on your Account at any time.
Each payment you make to your Account will restore your
credit limit by the amount of the payment, unless you are
over your credit limit. If you are over your credit limit,
you must pay the amount you are over before payments will
begin to restore your credit limit. You may request an increase
in your credit limit only by a method acceptable to the
Credit Union. The Credit Union has the right to reduce your
credit limit, refuse to make an advance and/or terminate
your Account at any time for any reason not prohibited by
law.
2.
Using the VISA Card. You may use your Card to make
purchases from merchants and others who accept VISA Cards.
In addition, you may obtain cash advances from the Credit
Union and from other financial institutions that accept
VISA Cards, and from some automated teller machines (ATMs),
such as the VISA ATM Network, that accept VISA Cards, (Not
all ATMs accept VISA Cards.) To obtain cash advances from
an ATM, you must use the Personal Identification Number
(PIN) that is issued to you for use with your Card. Be aware
that you may be imposed a fee by an ATM operator not holding
your account or any national, regional or local network
used to complete your transaction. Also, you may NOT use
the Card for any illegal or unlawful transaction, including
Internet gambling, under applicable federal, state or local
law, and we may decline to authorize any transaction that
we believe poses an undue risk of illegality or unlawfulness.
3.
Responsibility. You agree to pay all charges (purchases
and cash advances) to your Account that are made by you
or anyone whom you authorize to use your Account. You also
agree to pay all finance charges and other charges added
to your Account under the terms of this Agreement or another
agreement you made with the Credit Union. If this is a joint
Account, Section 17 below also applies to your Account.
You agree that all transactions you initiate by use of the
Card are legal in the jurisdiction where you live and/or
the transaction occurred. You agree to repay according to
the terms of this Agreement all transactions you initiate
by use of the Card.
4.
Finance Charges. You have a 25 day grace (no finance
charge) period on your purchase balance and for new purchases
if you paid the Total New Balance for purchases on your
last statement by the end of the grace period. You also
have a 25 day grace period for new purchases if you did
not have a purchase balance on your last statement. The
grace period starts on the statement closing date. If you
do not pay the Total New Balance for purchases by the end
of the grace period, finance charge will be imposed on the
unpaid purchase balance from the first day of the next billing
cycle and on new purchases from the date they are posted
to your Account. Finance charge is imposed on cash advances
from the date they are posted to your Account.
This
agreement allows the creditor to change the finance charge
rate with fifteen (15) days notification as required by
regulation.
Separate
average daily balances are calculated for purchases and
cash advances. The finance charge is calculated by multiplying
the average daily balances by a monthly periodic rate of
__________________ %, which is an ANNUAL PERCENTAGE RATE
of __________________ %. To get each average daily balance,
the daily balances for purchases and cash advances for the
billing cycle are added and the totals are divided by the
number of days in the cycle. To get the daily balance for
cash advances, new cash advances are added to the day's
beginning balance and payments and credits are subtracted.
To get the daily balance for purchases, new purchases are
added to the day's beginning balance and payments and credits
are subtracted; however, new purchases are not added if
you paid the Total New Balance for purchases on your last
statement by the end of the grace period or if you did not
have a purchase balance on your last statement. Fees are
not included in the calculation of the average daily balance.
Finance charge will continue to accrue on your Account until
what you owe under this Agreement is paid in full.
5.
Other Charges. The following other charges (fees)
will be added to your Account, as applicable:
a) Late Fee: You will be charged a late fee of $21.00
after 5 days.
b) Over-the-Credit-Limit-Fee: You may be charged a fee of
$21.00 on a statement date if your New Balance on that date,
minus any fees imposed during the cycle, is over your credit
limit. You will be charged the fee each subsequent month
until your New Balance on the statement date, less any fees
imposed during the cycle, is BELOW your credit limit.
c) Return Check Fee: : If a check or share draft
used to make a payment on your Account is returned unpaid,
you will be charged a fee of $21.00 for each item returned.
d) Non-usage Fee: Member will pay a $25.00 non-usage fee
following twelve (12) consecutive months of non use of the credit
union's VISA Platinum credit card.
e) Collection Costs: To the extent permitted by law, you
will be required to pay our collection expenses, including
court costs and reasonable attorney's fees.
6.
Payments. Each month you must pay at least the minimum
payment shown on your statement by the date specified on
the statement or no later than 25 days from the statement
closing date, whichever is later. If your statement says
the payment is "Now Due," your payment is due
no later than 25 days from the statement closing date. You
may pay more frequently, pay more than the minimum payment
or pay the Total New Balance in full. If you make extra
or larger payments, you are still required to make at least
the minimum payment each month your Account has a balance
(other than a credit balance). The minimum payment is 2.75%
of your Total New Balance, or $15.00, whichever is greater,
plus the amount of any prior minimum payments that you have
not made, and any amount you are over your credit limit.
The Credit Union also has the right to demand immediate
payment of any amount by which you are over your credit
limit.
7.
Payment Allocation. Subject to applicable law, your
payments may be applied to what you owe the Credit Union
in any manner the Credit Union chooses.
8.
Security Interest. If you give the Credit Union a
specific pledge of shares by signing a separate pledge of
shares, your Account will be secured by your pledged shares.
Collateral securing other loans you have with the Credit
Union may also secure this loan, except that your home will
never be considered as security for this Account, notwithstanding
anything to the contrary in any other agreement.
9.
Default. You will be in default if you fail to make
any minimum payment or other required payment by the date
that it is due. You will be in default if you break any
promise you make under this Agreement. You will be in default
if you die, file for bankruptcy or become insolvent, that
is, unable to pay your obligations when they become due.
You will be in default if you make any false or misleading
statements in any credit application or credit update. You
will also be in default if something happens that the Credit
Union believes may substantially reduce your ability to
repay what you owe.
When
you are in default, the Credit Union has the right to demand
immediate payment of your full Account balance without giving
you notice. If immediate payment is demanded, you agree
to continue paying finance charge, at the periodic rate
charged before default, until what you owe has been paid,
and any shares that were given as security for your Account
may be applied towards what you owe.
You
grant us a security interest in all individual and joint
share and/or deposit accounts you have with us now and in
the future to secure what you owe under the credit card
agreement. When you are in default, you authorize us to
apply the balance in these accounts to any amounts due.
Shares and deposits in an Individual Retirement Account,
and any other account that would lose special tax treatment
under state or federal law if given as security, are not
subject to the security interest you have given in your
shares and deposits.
10.
Member Liability. You agree to notify Hudson River
Community Credit Union immediately, orally at 518-654-9028
or in writing at 312 Palmer Avenue, Corinth, NY 12822, of
loss, theft or unauthorized use of your credit card. You
may be liable for the unauthorized use of your credit card.
You will not be liable for unauthorized use that occurs
after you notify us of the loss, theft or possible unauthorized
use. In any case your liability will not exceed $50 for
unauthorized cash advances at ATMs. You will have no liability
for unauthorized purchases made with your credit card.
11.
Changing or Terminating Your Account. The Credit
Union may change the terms of this Agreement from time to
time. Notice of any change will be given in accordance with
applicable law. Use of your Card after receiving notice
of a change will indicate your agreement to the change.
If permitted by law and specified in the notice to you,
the change will apply to your existing Account balance as
well as to future transactions.
Either
you or the Credit Union may terminate this Agreement at
any time, but termination by you or the Credit Union will
not affect your obligation to pay the Account balance plus
any finance and other charges you owe under this Agreement.
You are also responsible for all transactions made to your
Account after termination, unless the transactions were
unauthorized.
The
Card or Cards you receive remain the property of the Credit
Union and you must recover and surrender to the Credit Union
all Cards upon request or upon termination of this Agreement
whether by you or the Credit Union. The Credit Union has
the right to require you to pay your full Account balance
at any time after your Account is terminated, whether it
is terminated by you or the Credit Union. If this is a joint
Account, Section 17 of this Agreement also applies to termination
of the Account.
12.
Credit Information. You authorize the Credit Union to
investigate your credit standing when opening or reviewing
your Account. You authorize the Credit Union to disclose
information regarding your Account to credit bureaus and
creditors who inquire about your credit standing.
13.
Returns and Adjustments. Merchants and others who honor
your 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 credit balance amount is $1 or more, it will be refunded
upon your written request or automatically after six months.
14.
Additional Benefits/Card Enhancements. The Credit
Union may from time to time offer additional services to
your Account, such as travel accident insurance, at no additional
cost to you. You understand that the Credit Union is not
obligated to offer such services and may withdraw or change
them at any time.
15.
Foreign Transactions. Purchases and cash advances made
in foreign countries and foreign currencies will be billed
to you in U.S. dollars. The conversion rate to U.S. dollars
will be determined in accordance with the operating regulations
established by VISA U.S.A. Currently the currency conversion
rate used to determine the transaction amount in U.S. dollars
is either a government-mandated rate or the wholesale market
rate in effect one day prior to the transaction processing
date, increased by one-percent. The currency conversion
rate used on the processing date may differ from the rate
that would have been used on the purchase date or cardholder
statement posting date.
16.
Merchant Disputes. The Credit Union is not responsible
for the refusal of any merchant or financial institution
to honor your 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
cost more than $50 and was made in your state or within
100 miles of your home.
17.
Joint Accounts. If this is a joint Account, each person
on the Account must sign the Agreement. Each of you will
be individually and jointly responsible for paying all amounts
owed under this Agreement. This means that the Credit Union
can require any one of you individually to repay the entire
amount owed under this Agreement. Each of you authorizes
the other(s) to make purchases or cash advances individually.
Any one of you may terminate the Account and the termination
will be effective as to all of you.
18.
Effect of Agreement. This Agreement is the contract
which applies to all transactions on your Account even though
the sales, cash advances, credit or other slips you sign
or receive may contain different terms.
19.
No Waiver. The Credit Union can delay enforcing any
of its rights any number of times without losing them.
20.
Statements and Notices. Statements and notices will
be mailed to you at the most recent address you have given
the Credit Union.
21.
Copy Received. You acknowledge that you have received
a copy of this Agreement.
22.
Acceptance of Terms. By signing in the Signature
area of the application form that was attached to this Agreement
when you received it, you agree to the terms of this Agreement.
You should detach this Agreement from the application and
retain it for your records. By using this card the cardholder
agrees to the terms of this agreement.
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 Ad.
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 your bill, write us on a separate
sheet at the address listed on your bill. Write to us as
soon as possible. We must hear from you no later than 60
days after we sent 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 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 30 days, unless we have
corrected the error by then. Within 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 bill you for the amount you question, including finance
charges, and we can apply an unpaid amount against your
credit limit. You do not have to pay any questioned amount
while we are investigating, but you are still obligated
to pay the parts of your bill that are not in question.
If
we find that we made a mistake on your bill, you will not
have to pay any finance charges related to any questioned
amount. If we didn't make a mistake, you may have to pay
finance charges, and 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 days telling
us that you still refuse to pay, we must tell anyone we
report you to that you have a question about your bill.
And, we must tell you the name of anyone we reported you
to. We must tell anyone we report you to that the matter
has been settled between us when it finally is. If we don't
follow these rules, we can't collect the first $50 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 limitations on
this right:
(a)
You must have made the purchase in your home state or, if
not within your home state, within 100 miles of you current
mailing address; and
(b) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the
merchant, or if we mailed you the advertisement for the
property or services.
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