CARDHOLDER AGREEMENT

Defined terms— The following terms have defined meanings in this agreement: “Account” means the credit Account regulated by this agreement, “Card” means the plastic cards issued under this agreement, including the numbers printed on these plastic cards; “we,” “us” and “our” mean Credit Union of Texas; “you” and “your” mean anyone who signs an application for this Account or is a guarantor of this Account; “Approval Letter” means our letter to you approving your application and the enclosed pricing information and other information describing some of the terms of the Account, all of which are part of this agreement.

By signing, using or activating a Card, you accept the terms and conditions of this agreement and of the Approval Letter. If any provision of this agreement is determined to be unlawful, the rest of the agreement will stand and the unlawful provision will be deemed amended to conform to applicable law. All Cards are our property and must be returned to us immediately according to our instructions, and we may repossess a Card at any time in our sole discretion.

  1. Promise to pay— You agree to pay us the total amount of purchases, cash advances, finance charges or other fees or charges which arise from use of a Card by you or any other person, unless the other person does not have actual, implied, or apparent authority for such use and you receive no personal benefit from the use. You agree to be jointly and severally liable with anyone else who has made the same promise.
  2. Credit limit— Your credit limit is reflected on your monthly statement. You promise to make purchases and cash advances only up to your credit limit. Your promise to pay continues to apply even if the amount due exceeds your credit limit. Obtaining credit in excess of your credit limit does not increase your credit limit. We can change your credit limit at any time to any amount (including zero). We will state the new credit limit on your next monthly statement.
  3. Purchases and cash advances— You may use your Card, up to your credit limit, to buy or lease goods, services or insurance wherever the Card is honored. You may also use your Card to get a cash advance from participating financial institutions. However, you agree not to use your Card for any transaction that is illegal under applicable federal, state or local law, and you understand that any such use will constitute an event of default under this agreement. We are not responsible for the refusal of anyone to honor your Card.
  4. Monthly statements— We will send you a statement at the end of each billing cycle in which the Account has a balance. The due date for your payment will be 25 days after the last day covered by the statement.
  5. Payments— You agree to make the minimum monthly payments that are described in the Approval Letter, and to make all payments on this Account at the address specified on your monthly statement. We may accept late payments, partial payments, post-dated checks, or any form of payment containing a restrictive endorsement, without losing any of our rights under this agreement. Our acceptance of checks or money orders labeled “payment in full” or words to that effect, will not constitute an accord and satisfaction nor a waiver of any rights we have to receive full payment. Payments on your Account that exceed the minimum payment due will be allocated first to the Account balance with the highest APR, and then to each consecutive Account balance bearing the next highest APR, at the time payment is posted to your Account. Payments on your Account that do not exceed the minimum payment due will be applied in the following order: finance charges, fees, any applicable installment balance minimum amount due that is calculated separately from the minimum payment due, the Account balance with the lowest APR, then to each consecutive Account balance bearing the next lowest APR at the time payment is posted to your Account.
  6. Balance Computation Method— We figure the interest charge on your account by applying the periodic rate, as stated in the enclosed disclosure table, to the “average daily balance” of your account. To get the “average daily balance” we take the beginning balance of your account each day, add any new purchases/advances/fees, and subtract any unpaid interest or other finance charges and any payments or credits. This gives us the daily balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the “average daily balance.”
  7. Cash advance fee— Cash advances are subject to the cash advance fee stated in the enclosed disclosure table. The cash advance fee is a finance charge and is imposed on the date of the cash advance. Interest does not accumulate on this fee. The following transactions will be treated as cash advances:
    • Using your Card to obtain cash from a participating Automated Teller Machine (“ATM”);
    • Using your Card to obtain cash from a participating financial institution;
    • Obtaining money orders, travelers checks, foreign currency, lottery tickets, casino chips, vouchers redeemable for cash or similar items;
    • Balance Transfers, if identified as cash-advances on your Approval Letter.
  8. Annual fee— The annual fee, if there is one, on the Account is stated in the enclosed disclosure table. The annual fee is payable whether or not you use the Card.
  9. Liability for unauthorized use— If you notice the loss or theft of your Card or a possible unauthorized use of your Card or Account, you should write to us immediately at: P.O. Box 10409, Des Moines, IA 50306-0409, or call us at 1-800-234-5354 (tel:18002345354). You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. However, if you exercise reasonable care in safeguarding your card from risk of loss or theft and, upon discovering the loss or theft promptly report the loss or theft to us, you will not be liable for any unauthorized transactions. In any case, your liability will not exceed $50.
  10. 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 also will be in default if you violate any other provision of this agreement and such violation materially impairs the prospect of you paying the amount due on the Account. Upon default, we may demand immediate payment of the entire amount due on the Account and we may enforce our right to this payment as permitted by law.
  11. Consent to Security Interest— 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 your credit card account. 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. For example, if you have an unpaid credit card balance, you agree we may use the funds in your account(s) to pay any or all of the unpaid balance. By using your credit card, you are affirmatively agreeing that you are aware that granting a security interest as a condition for the credit card and you intend to grant a security interest.
  12. Cross-Collateralization— Credit extended under this credit card is secured by various personal property and money including, but not limited to any good you purchase with this account any shares you specifically pledged as collateral for this account and collateral securing other loans you have with us, excluding dwellings.
  13. International transactions— When you use your Card for a transaction denominated in a currency other than U.S. dollars, the transaction amount will be converted into U.S. dollars by applying an exchange rate selected by Mastercard International from among the range of rates available in wholesale currency markets or the government-mandated rate on the date the transaction is processed. The rate chosen may vary from the rate the Mastercard International itself receives. When you use your Card in a transaction outside of the United States to make a purchase, obtain a cash advance, obtain a credit voucher, or reverse any of these transactions, a finance charge will be assessed against your Account, as stated in the pricing information. The foreign transaction Fee is imposed on the date of the transaction. Interest does not accrue on the foreign transaction fee.
  14. Credit reporting— You authorize us to obtain credit reports on you when opening, renewing or reviewing your Account, and you authorize us to disclose information regarding your Account to credit bureaus and other creditors who may inquire of us about your credit standing. If you think we reported erroneous information to a credit reporting agency, write us at the Cardmember Service address on your billing statement. We will promptly investigate the matter and, if we agree with you, we will contact each credit reporting agency to which we reported request a correction. If, after our investigation, we disagree with you, we will tell you in writing or by telephone how to submit a statement to those agencies for inclusion in your credit report.
  15. Other fees— The following charges will be charged to your Account as appropriate:
    1. Late and returned payment fees. The following types of fees may be imposed, if applicable:
      • Late Payment Fee: A late payment fee, in the amount indicated in the enclosed pricing information, may be imposed if the required minimum payment due is not received by the due date listed on the monthly periodic statement.
      • Returned Payment Fee: A returned payment fee, in the amount indicated in the enclosed pricing information, may be imposed if your payment is returned for any reason.
    2. Replacement Cards, copies, and special services. We may charge you a reasonable fee for issuing replacement cards, expediting delivery of your card, an expedited payment method using a service representative, providing photocopies and reprints that you request, and other special services as allowed by law.
  16. Amendments— We may amend or cancel this agreement at any time by getting your consent as provided by law or by giving you a notice of the amendments. Cards are property of Credit Union of Texas and must be returned at our request.
  17. Military Lending Act— Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account).
  18. Authorized Users— If you ask us to issue a card to any other person, they are an Authorized User. We may require certain information about them. We may limit their ability to use your card. They may have access to certain information about your account. You will be responsible for their use of the account, even if you did not want, or agree to, that use. If you want to remove an Authorized User from your account, you must contact Customer Service and request their removal. You also must immediately destroy all cards in their possession and cancel any arrangements they may have set up on your account. They will be able to use your account until you have notified us that you are removing them from your account. During this time, you will still be responsible for all amounts they charge to your account. You will be responsible even if these amounts do not appear on your account until later. Authorized Users may remove themselves from your account upon request. We reserve the right to remove them from your account for any reason. To remove them from your account, we may close your existing account and issue a new card with a new account number.

Your Billing Rights: Keep This Document For Future Use

THIS NOTICE TELLS YOU ABOUT YOUR RIGHTS AND OUR RESPONSIBILITIES UNDER THE FAIR CREDIT BILLING ACT

WHAT TO DO IF YOU FIND A MISTAKE ON YOUR STATEMENT

If you think there is an error on your statement, write to us at:

Member Services
P.O. Box 10409
Des Moines, IA 50306-0409

In your letter, give us the following information:

  • Account information: Your name and account number.
  • Dollar amount: The dollar amount of the suspected error.
  • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.

You must contact us:

  • Within 60 days after the error appeared on your statement.
  • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.

You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.

WHAT WILL HAPPEN AFTER WE RECEIVE YOUR LETTER

WHEN WE RECEIVE YOUR LETTER, WE MUST DO TWO THINGS:

  • Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
  • Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.

WHILE WE INVESTIGATE WHETHER OR NOT THERE HAS BEEN AN ERROR:

  • We cannot try to collect the amount in question, or report you as delinquent on that amount.
  • The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
  • While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
  • We can apply any unpaid amount against your credit limit.

AFTER WE FINISH OUR INVESTIGATION, ONE OF TWO THINGS WILL HAPPEN:

  • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
  • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.

YOUR RIGHTS IF YOU ARE DISSATISFIED WITH YOUR CREDIT CARD PURCHASES

If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true:

  • The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
  • You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
  • You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:

    Member Services
    P.O. Box 10409
    Des Moines, IA 50306-0409

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.