for purchases and cash advances are calculated at a monthly periodic rate of , which is equivalent to an ANNUAL PERCENTAGE RATE (“APR”) of .
The APR may increase or decrease on the first day of the subsequent monthly Billing Cycle based on changes in the prime rate (“Index“). The APR is calculated by adding the amount of margin stated below to the Index. The Index is the prime rate published in the Money Rates section of The Wall Street Journal on the 25th day of each month. If the Index is not published on that day, the Index on the next business day will be used. Any increase in the APR may increase the amount of interest charged to your Account and the total amount you must pay, and may take the form of an increase in the monthly Minimum Payment. If the Index is no longer available, we will choose a new index that is based upon comparable information. The APR for purchases and cash advances will be determined by adding a margin of to the Index.
INTEREST CHARGES are imposed on purchases beginning on the date a purchase is posted to your Account. However, INTEREST CHARGES will not be imposed on purchases made in any Billing Cycle in which the previous balance shown on your Monthly Billing Statement is zero and you pay your new balance in full by the Payment Due Date shown on your Monthly Billing Statement. INTEREST CHARGES are imposed on cash advances beginning on the date a cash advance is obtained and continuing until the balance of your Account is paid in full. There is no time in which you can pay the balance of cash advances in order to completely avoid INTEREST CHARGES.
INTEREST CHARGES for a Billing Cycle are calculated separately for purchases and cash advances. There is no minimum INTEREST CHARGE. The INTEREST CHARGE calculation begins on the date the transaction is posted to your Account.
For purchases, the INTEREST CHARGE is computed by multiplying the monthly periodic rate by the average daily balance of purchases. To determine the average daily balance of purchases, we take the beginning outstanding balance of purchases each day, add any new purchases, and subtract any payments and/or credits. This gives us the daily balance of purchases. (Any daily balance that is a credit balance is treated as zero ($0.00) balance.) Then, we add all the daily balances of purchases for the Billing Cycle together and divide the total by the number of days in the Billing Cycle. This gives us the average daily balance of purchases.
For cash advances, the INTEREST CHARGE is computed by multiplying the monthly periodic rate by the average daily balance of cash advances. To get the average daily balance of cash advances, we take the beginning outstanding balance of cash advances each day, add in any new cash advances, and subtract any payments and/or credits that we apply to the cash advance balance. This gives us the daily balance of cash advances. (Any daily balance that is a credit balance is treated as zero ($0.00) balance.) Then, we add all the daily balances of cash advances for the Billing Cycle together and divide the total by the number of days in the Billing Cycle. This gives us the average daily balance of cash advances.
FEES AND OTHER CHARGES
Your Account is subject to the following Fees and Other Charges, each of which may be charged to your Account:
Cash Advance Fee. In addition to the INTEREST CHARGE on cash advances, there is a fee of $10 or 3%, whichever is greater, for each cash advance posted to your Account that month (“Cash Advance Fee”). NO CASH ADVANCES ARE PERMITTED DURING THE FIRST 95 DAYS AN ACCOUNT IS OPEN.
Additional Card Fee. Your Account will be assessed a one-time additional card fee of for each authorized user you add to your Account.
Foreign Currency Transaction Fee.
Your Account will be assessed a foreign currency transaction fee equal to 3% of any transaction made in a foreign currency that is converted to U.S.Dollars.
Your Account will be assessed an Annual Fee of (“Annual Fee”). The Annual Fee will be billed to your Account once the Account is opened, and on or about your anniversary date each year. Your payment of the Annual Fee does not affect our right to close your Account or our ability to limit transactions on your Account.
Annual Fee Renewal Refund Disclosure.
We will refund the Annual Fee charged to your Account if you notify us, within 30 days from the date of the Monthly Billing Statement on which it appears, that you wish to close your Account.
Monthly Maintenance Fee.
Your Account will be assessed a monthly maintenance fee, which will be billed at per month to your Account (“Monthly Maintenance Fee”) at the end of each Billing Cycle. The Monthly Maintenance Fee will not be billed in the first 12 months your Account is open. Your payment of the Monthly Maintenance Fee does not affect our right to close your Account or our ability to limit transactions on your Account.
Late Payment Fee.
If we do not receive a payment from you in at least the amount of the minimum payment due (“Minimum Payment”) by the Payment Due Date shown on your
Monthly Billing Statement, you will be charged a Late Payment Fee equal to the lesser of or your Minimum Payment (“Late Payment Fee”) in accordance
with law. If you fail to make a timely payment in any of the six (6) Billing Cycles after the initial late payment, you will be charged or the amount of the
required Minimum Payment, whichever is less. We may refer to this fee as the “Late Fee” or “Late Charge”.
Returned Payment Fee.
If you make a payment on your Account and your check or other payment instrument (including an electronic funds transfer or a telephone authorized draft) is not honored for any reason or cannot be processed, we will charge a Returned Payment Fee equal to the lesser of or your Minimum Payment (“Returned Payment Fee”). In the event a payment is returned in any of the six (6) Billing Cycles after the initial returned payment, you will be charged or the amount of the required Minimum Payment, whichever is less. The charge may be imposed even if we elect to re-present the item and it is paid upon our re-presentment. We will not charge both a Late Payment Fee and a Returned Payment Fee based upon a single payment.
Optional Expedited Service Fee.
If you opt to call a live customer service representative by phone to make a
payment that is credited to your Account the same day, or if the payment is received on a day that we do not receive payments,
or after 5:00pm Eastern Time, then credited to your Account on the next business day we receive payments, we may impose an
Expedited Service Fee. You will be informed of the exact amount of the Expedited Service Fee before you complete the transaction.
If you choose to make a payment through a self-service method, including through the automated telephone system, online, via the
mobile app or by mailing your payment, no Expedited Service Fee is imposed. In addition, Late Payment Fees may apply
if your Account is past due.
OTHER IMPORTANT DISCLOSURES
Security Deposit (if applicable). We may require a collateral deposit in the form of a security deposit, up to the full
amount of the Credit Limit to be paid in full before the Account is opened to secure your obligations under this Agreement
and to offset the risk associated with the Account. You understand and agree that if we require a security deposit, we
may use any or all amounts of the deposit to pay amounts you owe under this Agreement if you are in default or you or
we close or cancel your Account. Refer to the "Terms and Conditions of Your Deposit Account" and "Truth in Savings
Disclosure — Deposit Account" section of this Agreement for more information.
Available Credit Limits. Once the entire security deposit,
if applicable, is paid in full, your Account will be opened and
you will have access to your initial available credit. Funds
received in connection with a security deposit may be held up to
10 days before an Account is opened.
You certify that all the information given in this application is true and correct and you are giving this information in order to obtain credit and authorize us to obtain information concerning any statements herein. You agree to furnish us with all requested information. You authorize us to charge the Annual Fee, Monthly Maintenance Fee and Additional Card Fee (if applicable) to your Account.
Applicable Law. This Agreement and your Account, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or related to your Account, this Agreement or any transferred balances, are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, by the laws of Missouri (without applying its choice-of-law rules), including Mo. Rev. Stat. § 408.145 (“Applicable Law”). For Maryland cardholders, in the event Missouri law does not apply, we elect Sections 12-103(a)(1) and 12-501 et seq. of the Commercial Law. The formation, legality, enforceability, and interpretation of this Agreement, and any amounts contracted for, charged and received under this Agreement, will be governed by such laws. This Agreement is entered into between you and us in Missouri, regardless of the state of your residence or whether or not your Account or Card is used in Missouri. Our decisions regarding the extension of credit to you are made in the State of Missouri. Federal and Missouri law will also apply to any controversy, claim, or dispute arising from or relating in any way to the subject matter of this Agreement and your Account, including, without limitation, statutory, equitable, and tort claims.
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). To be provided with an oral disclosure of this information, please call toll-free 1-800-935-3808.
Availability of Credit and Payment Holds.
Generally, payments are credited to your Account on the day they are received. Available credit created as a result of payments posted to your Account may not be
available for up to seven days, or longer if circumstances warrant an additional hold, or if we deem ourselves at risk for any reason. If you use a payment
service provided by a third party to deliver your payment to us, that third party may charge you a fee for such service; such third party fees will not be billed
to your Account. Credit to your Account may be delayed up to five (5) days if payment is (a) not received at the Payment Address or (b) not accompanied by the payment
coupon portion of your Monthly Billing Statement. Delayed crediting may result in Late Fee and additional INTEREST CHARGES and Fees being
applied to your Card
Credit Limit Increases. Your Initial Credit Limit will be increased by bringing your total Credit Limit to if you make at least your Minimum Monthly Payment by the Payment Due Date each month for the first 6 monthly Billing cycles. Thereafter, your Account will be reviewed periodically for future Credit Limit Increases in accordance with Applicable Law. In order to receive a Credit Limit Increase, you must qualify for and elect to receive such increase. Each Credit Limit Increase may vary in size but will be subject to a maximum Credit Limit of $4,000.00. Each Credit Limit Increase will appear on your Account no later than one (1) month after you have qualified for such increase. The terms of your Account, including any INTEREST CHARGES, Fees and Other Charges applicable to your Account, will not change as a result of any Credit Limit Increases granted. We may change the criteria applied to determine your eligibility for a Credit Limit Increase at any time in our sole discretion in accordance with Applicable Law. In addition, we may elect, in our sole discretion, to modify or discontinue the practice of granting Credit Limit Increases.
Your Consent to Automated-Dialer and Pre-recorded Calls and Text Messages. By providing us with a telephone number(s), at any time, you consent and authorize us to contact you regarding your Account at such number(s) using any lawful means of communication, including, but not limited to calls placed to your cell, mobile or other phone using an automated dialing service, pre-recorded messages or text messages. Standard text messaging and/or calling charges imposed by your provider may apply. If you provide telephone number(s) for which you are not the subscriber, you understand that you shall indemnify us for any costs and expenses, including reasonable attorneys’ fees, incurred as a result of us attempting to contact you at the number(s). You do have the option to opt out of receiving communications at that number any time thereafter by contacting us at [the customer service telephone number provided on your statement], or sending written notice to us to the following address: , c/o Continental Finance Company, P.O. Box 3220, Buffalo, NY 14240-3220. You must retain proof of delivery. If you send communications to any other address, we may not process your request.
YOUR BILLING RIGHTS
KEEP THIS NOTICE 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 Monthly Billing Statement.
If you think there is an error on your Monthly Billing Statement, write to us at:
P.O. Box 3220
Buffalo, NY 14240-3220
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.
If you receive our explanation but still believe your Monthly Billing Statement 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 Monthly Billing Statement. 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 Monthly Billing Statement is correct.
If you are dissatisfied with the goods or services that you have purchased with your 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.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
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.