EFT Disclosure | Credit Card Disclosure

CREDIT CARD DISCLOSURE

TRUTH IN LENDING/ REGULATION Z
1. Finance Charge Calculation Method

Credit Purchases
A Finance Charge will be imposed on Credit Purchases only if you elect not to pay the entire New Balance shown on your monthly statement for the previous billing cycle within 25 days from the closing date of that statement.  If you elect not to pay the entire New Balance shown on your previous monthly statement within that 25-day period, a Finance Charge will be imposed on the unpaid average daily balance of such Credit Purchases from the previous statement closing date and on new Credit Purchases from the date of posting to your account during the current billing cycle, and will continue to accrue until the closing date of the billing cycle preceding the date on which the entire New Balance is paid in full or until the date of payment if more than 25 days from the
closing date.

The Finance Charge for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance of Credit Purchases, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle.  Each daily balance of Credit Purchases is determined by adding to the outstanding unpaid balance of Credit Purchases at the beginning of the billing cycle any new Credit Purchases posted to your account, and subtracting any payments as received and credits as posted to your account, but excluding any unpaid Finance Charges.

Cash Advances
A Finance Charge will be imposed on Cash Advances from the date made or from the first day of the billing cycle in which the Cash Advance is posted to your account, whichever is later, and will continue to accrue until the date of payment.  A Finance Charge will be imposed on Credit Purchases from the date the Credit Purchase is posted to your account and will continue to accrue until the date of payment.

The Finance Charge for a billing cycle is computed by applying the monthly Periodic Rate to the average daily balance, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle.  Each daily balance is determined by adding to the Previous Balance (the outstanding balance of your account at the beginning of the billing cycle) any new Cash Advances received and any new Credit Purchases posted to your account, and subtracting any payments as received or credits posted to your account but excluding any unpaid Finance Charges.

2. Periodic Rate; Annual Percentage Rate

Variable Periodic Rate
Customer agrees to pay monthly for all credit extended on the basis of the Credit Card, including FINANCE CHARGES, which are computed by multiplying customer's average daily balance by a monthly periodic rate equal to 1/12 of your ANNUAL PERCENTAGE RATE.  The ANNUAL PERCENTAGE RATE corresponding to the monthly periodic rate is equal to the Index Rate plus a margin of five percentage points.  Both are subject to change monthly.   The current effective variable monthly periodic rate (and the variable corresponding ANNUAL PERCENTAGE RATE) is stated within this agreement and will accompany your card.  The "Index Rate" means the "Prime Rate" published in the "MONEY RATES" column in the Wall Street Journal on the first business day of each month, which is identified in that column as "The base rate on corporate loans at large, U.S. money center commercial banks." If more than one "Prime Rate" is listed in that column, the largest rate listed shall be the "Index Rate" for purposes of this agreement.  The Index Rate is the index from which your ANNUAL PERCENTAGE RATE and corresponding monthly periodic rate will be determined.   If this becomes unavailable, ano ther index will be selected.  Customer understands that First Citizens Bank makes loans at rates above, below, or equal to the Index Rate.  First Citizens Bank makes no representation or agreement that your interest rate or FINANCE CHARGE is or will ever be above, below or equal to any other customer's interest rate or FINANCE CHARGE.  Your rate may increase or decrease depending upon the Index Rate as of the next billing cycle after the charge of the Index Rate.  All other things being the same, a rate increase will increase the amount of the FINANCE CHARGE and may increase the scheduled minimum payment.

Credit Purchases - The current Periodic Rate used to compute the FINANCE CHARGE for Credit
    Purchases is .958333 % per month. The corresponding current ANNUAL PERCENTAGE RATE is 11.00%.
Cash Advances - The current Periodic Rate used to compute the FINANCE CHARGE for Credit
    Purchases is  .958333 % per month.  The corresponding current ANNUAL PERCENTAGE RATE is 11.00%.

3.    Minimum Periodic Payment

The minimum periodic payment required is the total New Balance as shown on your monthly billing  statement if the amount is under $20.00.  If the New Balance exceeds $20.00, the minimum periodic payment is 2% of that portion of the New Balance which does not exceed your credit limit, plus the entire portion of the New Balance in excess of your credit limit, plus any amount past due, or $20.00, whichever is greater.

4.   Other Charges

Annual Fee
A non-refundable annual membership fee of $15.00, plus applicable taxes, shall be charged to your account.  This fee is for membership in Issuer's credit card plan.  The annual membership fee shall be treated as a Credit Purchase for purposes of calculating Finance Charges, unless prohibited by law.

Late Charge
If a payment of at least the amount of the minimum required payment is not received within 10 days after the closing date subsequent to the Payment Due Date, a late charge of $10.00 shall be imposed.

Overlimit Fee
In the event Cardholder incurs charges in amounts exceeding the maximum authorized credit agreed to by Issuer, Cardholder shall pay immediately the amount by which the total New Balance exceeds such maximum authorized credit, and an over-limit fee in the amount of $10.00 shall be imposed.

Research/Documentation Charges
A charge of $4.00 per copy will be imposed for copies of statements, sales tickets and other documents related to the account.  Additionally, there will be a $20.00 per hour or $5.00 minimum research fee. No charge will be made in connection with any good faith assertion of a billing error on the account.

Returned Check Charge
A returned check charge in the amount of $15.00 will be imposed for each check used in payment on the Credit Card account which is subsequently returned unpaid by the bank on which it is drawn.

5.   Security Interests

If you have other loans from Issuer, or take out other loans with Issuer in the future, collateral securing those loans will also secure your obligations under this agreement.  However, unless you expressly agree otherwise, your household goods and primary dwelling will not secure your obligations under this agreement even if the Issuer has or later acquires a security interest in the household goods or a mortgage on the dwelling. If you have executed a written agreement granting a security interest in any deposit accounts (checking. savings, or share accounts) or other funds held by Issuer to secure your obligations under this credit card plan, such accounts and/or funds are additional security for your obligations to Issuer arising from the use of your Card.

6.   Billing Errors/Cardholder's Rights

See separate statement enclosed entitled "Your Billing Rights" for important information regarding your rights to dispute billing errors.

TERMS AND CONDITIONS
The person ("Cardholder") whose name is embossed on the face of the Mastercard credit card ("Card") provided to Cardholder and issued by First Citizens Bank ("Issuer") and each Cardholder, in the event more than one Card is provided to Cardholder bearing the same account number, by signing or using said Card, agrees with issuer to the following terms:

1.  Reg. Z Initial Disclosures.

Cardholder acknowledges receiving from Issuer the initial disclosures required by Regulation Z of the Truth-In-Lending Act ("Initial Disclosures") and agrees that the terms contained in the initial Disclosures apply to Cardholder and Cardholder's use of the Card.

2.  Credit Purchases; Cash Advances.

Goods and services ("CreditPurchases") may be purchased or leased by means of such card by Cardholder from any retail business establishment ("Seller") who honors same upon the execution of a sales slip evidencing such Credit Purchase and bearing the account number of Cardholder embossed on the face of such Card.  Additionally, First Citizens Bank Cash Advances ("Cash Advances") may be obtained through use of such Card (a) upon execution of a written request of Cardholder in a form furnished to him from any bank that is a member, alone or in association with others, of First Citizens Bank and (b) upon execution of a written separate agreement with Issuer for a First Citizens Bank overdraft financing agreement, if offered by Issuer.

3.  Cardholder Liable For All Charges.

Subject to paragraph 15 of this Agreement, Cardholder shall be liable and agrees to pay Issuer for Credit Purchases made by, or for Cash Advances extended to, Cardholder or anyone else using such Card unless the use of such Card is by a person other than the Cardholder (a) who does not have actual, implied or apparent authority for such use, and (b) from which Cardholder receives no benefit.  Additionally, Cardholder shall be jointly and severally liable and agrees to pay for all Credit Purchases and Cash Advances obtained through the use of any other Card bearing Cardholder's account number that has been issued to another person by reason of such person being a member of the Cardholder's family, or otherwise issued upon Cardholder's request (all such Cards bearing the same First Citizens Bank account number shall hereinafter collectively be called "Related Cards").

4.  Annual Fee.

Cardholder agrees to pay to Issuer the annual membership fee disclosed to Cardholder in the Initial Disclosures for participation in Issuer's credit card plan.  Such annual membership fee shall be imposed whether or not Cardholder uses the card to obtain credit purchases and Cash Advances.  The annual membership fee is not refundable in the event of termination of the Cardholder account by either Cardholder or Issuer except as otherwise provided for by law.

5.  Property of Issuer; Cancellation Rights.

Each Card is the property of Issuer, is not transferable and must be surrendered upon demand.  Each card can be canceled as well as repossessed by Issuer or its designee, and the privileges thereof revoked, at any time without prior notice.

6.  Credit Limit; Over Limit Fees.

Cardholder shall not use Card or permit the use of Related Cards to obtain Credit Purchases or Cash Advances which will increase Cardholder's First Citizens Bank indebtedness to Issuer to an amount in excess of the limit established by Issuer.  In the event Cardholder incurs charges in amounts exceeding such maximum authorized credit, Cardholder shall pay immediately the amount by which the Total New Balance exceeds such maximum authorized credit, and an overlimit fee ("Over Limit Fee") in the amount disclosed to Cardholder in the Initial Disclosure.

7.  No Liability For Refusal To Honor Card; No Cash Refunds.

All Credit Purchases and Cash Advances are effected at the option of the Seller and Cash Advancing Bank, respectively, and Issuer shall not be responsible for refusal by any Seller or Cash Advancing Bank to honor the Card or any Related Card.  Any refund, adjustment or credit allowed by Seller shall not be by cash but rather by a credit advice to Issuer which shall be shown as a credit on Cardholder's account statement with Issuer.

8.  Monthly Statements; Cardholder Payments.

Issuer will send to Cardholder, at monthly intervals determined by Issuer, a statement reflecting for the prior monthly period all First Citizens Bank Card and Related Card transactions.  Such statement shall be deemed correct and accepted by Cardholder and all holders of Related Cards unless Issuer is notified to the contrary in writing within 60 days of mailing of such statement as provided for in the Initial Disclosure.  Cardholder will pay such statement by remitting to Issuer within 25 days from the closing date reflected on the statement either the full amount billed or, at Cardholder's option, an installment equal to at least the required minimum periodic payment disclosed to Cardholder by Issuer in the Initial Disclosure.  All payments by Cardholder will be made in U.S. dollars.  Charges incurred in currencies other than U.S. dollars will be converted to U.S. dollars at the rate in effect at the time such charges are converted by Issuer, its agent or other authorized party making suchconversion.

9.  Rate of Interest; Finance Charge Calculation Method.

Interest on Cash Advances and Credit Purchases will be charged in accordance with the finance charge calculation method disclosed to cardholder by Issuer in the Initial Disclosure.  The rate of interest shall be established by Issuer from time to time, but shall never exceed the maximum rate permitted by law.  The current interest rate per annum is the Annual Percentage Rate set forth in the Initial Disclosures provided to Cardholder by Issuer.

10. Immediate Payment of All Amounts Owed.

Cardholder's Credit Card Account ("Account") balance will, at Issuer's option, become immediately due and payable, without notice, in the event that (a) Cardholder dies or becomes bankrupt or insolvent, or (b) Cardholder fails to make payments due on the Account, incurs charges for Purchases and Cash Advances which exceed the maximum authorized credit, or otherwise breaches these terms and conditions, or (c) Issuer receives information which causes it to believe Cardholder is unwilling or unable to perform under these terms and conditions, or (d) attachment or garnishment proceedings are instituted against Cardholder.   Failure by Issuer to assert any rights hereunder shall not waive such rights.

11.  Security Interests.

If Cardholder has other loans from Issuer, or takes out other loans with Issuer in the future, collateral securing those loans will also secure the Cardholder's obligations under this agreement.   However, unless the Cardholder expressly agrees otherwise, the Cardholder's household goods and primary dwelling will not secure Cardholder's obligations under this agreement even if  Issuer has or later acquires a security interest in the household goods or a mortgage on the dwelling.

12. Attorneys' Fees.

Cardholder agrees to pay all costs incurred by Issuer in collecting Cardholder's indebtedness or in enforcing this agreement, including attorney's fees and costs, as well as those costs, expenses and attorney's fees incurred in appellate, bankruptcy and post-judgment proceedings, except to the extent such costs, fees or expenses are prohibited by law.

13. Applicable Law.

Except to the extent that Federal law is applicable, the validity, construction and enforcement of this agreement and all matters arising out of the issuance and use of the Card shall be governed by the laws of the state in which the principal office of Issuer is located.

14. Additional Charges.

Additional charges, plus applicable taxes, may also be assessed against Cardholder as detailed in the Initial Disclosure and as otherwise allowed by Reg. Z and state law.

15. Cardholder Liability for Unauthorized Use.

Cardholder may be liable for the unauthorized use of the Card or Related Cards as provided in this paragraph.  The Cardholder will not be liable for any unauthorized use that occurs after Issuer is notified, orally or in writing at:
    Credit Card Security Department             Telephone Number
    P.O. Box 30035                                     (813)886-9726
    Tampa, Florida  33630

If Cardholder has a consumer account or a business account for which less than 10 cards have been issued, Cardholder's liability for unauthorized use of a card will not exceed $50.00.  If 10 or more cards are issued for use by employees of a single business or other organization, there is no limit to Cardholder's liability for any unauthorized use that occurs before Cardholder notifies Issuer as provided herein; the business or organization may only impose liability on its employees for unauthorized use of a card as authorized by federal law and regulation.

16. Monitoring.

In order to maintain quality service in its authorizations, security, customer service and other departments that have need to communicate with Cardholder from time to time, Issuer or its agents may monitor any telephone communications between Issuer's or its agent's employees in those departments and Cardholder, without further notice or disclosure.

17. Modifications to Agreement.

Issuer may amend or modify these terms at any time, effective fifteen (15) days after written notice thereof is mailed to Cardholder at Cardholder's last known address.  Any changes in these terms, including, without limitation, changes in the ANNUAL PERCENTAGE RATE and the Periodic Rate, shall be effective with respect to any balances then outstanding as well as to future Credit Purchases and Cash Advances.  Issuer may, in its sole discretion, waive imposition of the fees referenced in the Initial Disclosure or any other provision(s) of these terms; however, Issuer shall have no obligation to do so, and any such waiver shall be limited to the particular instance or transaction involved and shall not constitute a waiver or authorize the non-observance of the same or any other provision of these terms or any other or future occasion.

18. Visa/Master Card Rules and Regulations; Conflicts.

Cardholder and Issuer agree to abide by all applicable rules and regulations of Visa U.S.A., Inc. ("Visa") and/or Master Card International (Master Card"), as applicable, as well as all applicable laws.  If there is any conflict between the provisions of this Agreement and the rules and regulations of Visa and/or Master Card, the rules and regulations of Visa and/or Master Card shall control.

19. If a cardholder effects a transaction with a MasterCard card in a currency other than U.S. dollars, MasterCard will convert into a U.S. dollar amount by using its currency conversion procedure.  Under the currency conversion procedure that MasterCard currently uses, the non-U.S. dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in non-U.S. dollar currency by a currency conversion rate.  The currency conversion rate that MasterCard typically uses is either a government-mandated rate, or a wholesale rate provided to MasterCard increased by a percentage (currently 1%).  The currency conversion rate that MasterCard uses for a particular transaction is the rate MasterCard uses for the applicable currency when the transaction is processed.  The rate may differ from the rate in effect when the transaction occurred of when it was posted to the cardholder's account.