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Visa Credit Card Agreement and Disclosures

Table of Contents

  1. Definition of Parties
  2. Agreement Acceptance
  3. Sign Your Card
  4. Visa Credit Line
  5. Using Your Card
  6. Illegal or Unlawful Transactions
  7. ATM Access for Cash advances/ATM Cash Advance Limits
  8. Checking Account Overdraft Protection
  9. You Promise to Pay
  10. Minimum Payment Required
  11. Automatic Payment Options
  12. Finance Charges
  13. Daily balance Computation Method
  14. Daily Periodic Rate and annual Percentage Rate
  15. Other Fees and Charges
  16. Payments
  17. Periodic Statements
  18. Account Statement
  19. Use of the Account by Others
  20. Liability for Unauthorized Use
  21. Irregular Payments
  22. Default
  23. Attorney's Fees and Costs
  24. Termination
  25. Non-Reissuance
  26. Transfer of Account
  27. Acceleration
  28. Delay in Enforcement
  29. Amendment
  30. Severability
  31. Ownership of Cards
  32. PIN Security
  33. Currency Conversion/Foreign Transaction Fee
  34. Credit Reports
  35. Address
  36. Governing Law
  37. Phone Calls
  38. Your Billing Rights
  39. Special Rule for Credit Cards

1. DEFINITION OF PARTIES: This VISA Credit Card Agreement (“Agreement”) covers your VISA Credit Card (“Card”) issued through Star One Credit Union. In this Agreement the words “you,” “your,” and “yours” include any joint obligator, guarantor, authorized user, or the person whose name is embossed on the Card. The words “we,” “us,” and “our” mean Star One Credit Union.

2. AGREEMENT ACCEPTANCE: If you sign an application for any account under this Agreement or sign or use any Card(s) issued or Personal Identification Number (PIN), or allow others to use the account, Card(s), or PIN, you and they will have accepted this Agreement just as if you and they signed it, and you and they, jointly and severally, will be bound by the following terms and conditions.
3. SIGN YOUR CARD:
Immediately sign the signature panel on the back of your Card upon receipt. The Card must be signed in order to be valid.

4. VISA CREDIT LINE:
We have established and advised you of the “Credit Line,” which is the limit on the total balance that may be outstanding in your account at any one time.Your VISA Credit Line is to be considered a signature loan. The maximum signature limit cannot be exceeded. Therefore, other outstanding signature loans must be taken into account when your VISA Credit Line is established. You agree not to attempt to obtain more credit than the amount of your Credit Line. However, if you temporarily exceed your VISA Credit Line, you agree to repay the excess immediately, even if we have not yet billed you. Obtaining such credit does not increase your VISA Credit Line; however, we can increase your VISA Credit Line at our sole discretion.

5. USING YOUR CARD: You may use your account for purchases of services and merchandise from participating merchants that honor your Card. You may also use your Card to obtain a cash advance from participating financial institutions. Neither we nor any merchants authorized to honor the Card will be responsible for the failure or refusal of anyone to honor the Card or any other credit instruments or devices we supply to you.

6. ILLEGAL OR UNLAWFUL TRANSACTIONS: You agree that you will not use the Card for any illegal or unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness.You agree that Star One Credit Union will not have any liability, responsibility, or culpability whatsoever for any such use by you or any authorized user(s). You further agree to indemnify and hold Star One Credit Union harmless from any suits, liability, damages, or adverse action of any kind that results directly or indirectly from such illegal use.

7. ATM ACCESS FOR CASH ADVANCES/ATM CASH ADVANCE LIMITS: Your Card and Personal Identification Number (PIN) can be used to obtain cash advances from your VISA Credit Card account at Star One Credit Union ATMs and at other ATMs in the VISA ATM network and other such machines or facilities that we may designate. There are no fees for requesting cash advances on Star One Credit Union owned ATMs There may be fees for cash advances at ATMs owned by other institutions. You may obtain cash advances against your account up to a maximum aggregate total of $500 per day, provided sufficient funds are available.

8. CHECKING ACCOUNT OVERDRAFT PROTECTION: Your VISA Credit Card may also provide Overdraft Protection on your Star One Credit Union checking account. If you authorize us to link your Credit Card account to your checking account for overdraft protection and the balance in your checking account is not sufficient to pay the transaction amount, we may treat the transaction as a request to access your VISA Credit Line. The funds will be transferred from your VISA Credit Line into your checking account in $100 increments. These transfers will be treated as cash advances. If sufficient credit is not available on your VISA Credit Card account to cover the amount of the check or other item, we will be unable to initiate a cash advance loan advance under this Agreement for purposes of checking account overdraft protection. Limit: Your Checking Account Overdraft Protection limit will be part of, and not in addition to, your total approved Credit Line under this Agreement. Liability For Overdrafts Caused by Any Checking Account Signer: You understand that if advances are made against your VISA account to cover overdrafts to your checking account created by other persons with the right to access said checking account, you will be fully liable for such advances nonetheless.

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9. YOU PROMISE TO PAY: You promise to pay us in United States dollars, by cash, check or money order as provided by this Agreement, all such amounts, plus FINANCE CHARGES, which arise from such use of the Card or account by you or any other person, and to be jointly and severally liable with such a person, unless such other person does not have actual, implied, or apparent authority for such use, and you received no benefit for the use.

10. MINIMUM PAYMENT REQUIRED: You may pay the New Balance in full at any time if you choose, but you must pay at least the Minimum Payment due by the Payment Due Date which will be twenty-five (25) days after the closing of the Billing Cycle. These amounts will be shown on your periodic statement. The Minimum payment will be (a) either 3 1/2% of your Total New Balance, or $20.00, whichever is greater (or Total New Balance if it is less than $20.00); plus (b) any portion of the Minimum Payment(s) shown on prior statement(s) that remains unpaid. All payments are rounded to the nearest even dollar amount. In addition, any time your total New Balance exceeds your Credit Line you must immediately pay the excess upon our demand.

11. AUTOMATIC PAYMENT OPTION: If you have elected Automatic Payment (or "AutoPay"), the Credit Union will automatically deduct and transfer your monthly VISA Credit Card payment from your designated Credit Union, checking or savings account on the scheduled Payment Due Date. The Automatic Payment Option is voluntary, is not a condition of credit or this Agreement and can be withdrawn by you at any time. The Automatic Payment option remains in effect until the Credit Union receives notification from you terminating the arrangement. Your request for termination must give the Credit Union reasonable opportunity to act on it. When you elect AutoPay, you agree that we may adjust the automatic payment amount each month to agree to either the minimum monthly payment (Required Payment Due) or "Payment in Full" as authorized by you. Notification of the varying payment amount due and scheduled payment due date will be satisfied by providing you with a monthly billing statement reflecting this information. If sufficient funds are not available in your designated checking or savings account to satisfy the total amount of the payment when due, we will take whatever funds are available each processing day until the minimum payment is satisfied. If due to insufficient funds we do not transfer funds to make your required VISA Credit Card payment, you will be responsible to ensure that the required VISA Credit Card payment is made.

12. FINANCE CHARGES: The total outstanding balance of purchases, cash, and overdraft advances in the Account on the closing date of any Billing Cycle, including any FINANCE CHARGES, will be shown on the Periodic Statement for that billing Cycle as the “New Balance.”

(a) Purchases A FINANCE CHARGE will be imposed on purchases included in the New Balance and transactions for purchases posted during the following Billing Cycle when the New Balance is not paid in full within twenty-five (25) days after the closing date of the Billing Cycle. This “grace period” allows you to avoid a FINANCE CHARGE on purchases for a billing cycle.

(b) Cash/Overdraft Advances A FINANCE CHARGE will be imposed on Cash/Overdraft Advances from the date posted to the account to the date paid.


13. DAILY BALANCE COMPUTATION METHOD: The Credit Union figures the FINANCE CHARGE on your account by starting with your Daily Balance (excluding unpaid FINANCE CHARGES) and multiplying that number by the number of days during the Billing Cycle during which you had that balance. We do this for each balance you have during the Billing Cycle and add up the results. That total is the balance used to determine your FINANCE CHARGE and is divided by the number of days in the Billing Cycle, then multiplied by the ANNUAL PERCENTAGE RATE (APR), then divided by 365 days, and then multiplied by the number of days in the Billing Cycle to get your FINANCE CHARGE for the Billing Cycle. FINANCE CHARGES start to accrue on loan advances and on purchases from the date the loan advance or purchase is posted to your account and your loan balance is reduced when the Credit Union receives your payment or enters a credit. However, the portion of your balance that is the result of purchases has a different treatment if you pay all of that portion by at least twenty-five (25) days after we send your Billing Statement. In that event, we will zero out the FINANCE CHARGE that would otherwise be charged on that portion of your account balance. For this purpose, we treat payments as being applied first to billed fees, then to late charges, next to unpaid FINANCE CHARGES, then to unpaid balances from prior Billing Statements, then to balances attributable to purchases during that Billing Cycle, and then finally to balances attributable to loan advances (including cash advances) during that Billing Cycle.

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14. DAILY PERIODIC RATE AND ANNUAL PERCENTAGE RATE:

VISA Platinum Cards
- The Daily Periodic Rate used to compute the FINANCE CHARGE on VISA Platinum Accounts is .0239726% with a 8.75% ANNUAL PERCENTAGE RATE.

VISA Gold Cards
- The Daily Periodic Rate used to compute the FINANCE CHARGE on VISA Gold Accounts is .0267123% with a 9.75% ANNUAL PERCENTAGE RATE.

VISA Classic Cards
- The Daily Periodic Rate used to compute the FINANCE CHARGE on VISA Classic Accounts is .0287671% with a 10.5% ANNUAL PERCENTAGE RATE, .0349315% with a 12.75% ANNUAL PERCENTAGE RATE, and .040411% with a 14.75% ANNUAL PERCENTAGE RATE.

Refer to your VISA Credit Card approval letter for your applicable ANNUAL PERCENTAGE RATE. The FINANCE CHARGE for any Billing Cycle will be the sum of the FINANCE CHARGE for purchases and the FINANCE CHARGE for cash advances.

15. OTHER FEES AND CHARGES:
(a) Late Payment Charge - If your Minimum Payment is not paid within 10 days after the Payment Due Date, you will be subject to a $15.00 charge or the maximum late charge allowed by applicable law.
(b) Returned Check Charge - A $13.00 charge will be made when a check submitted by you for payment on an account is returned to us, regardless of the reason.
(c) Research and Copying - If you ask us to examine your account or provide copies of documents, except in resolution of a billing error, we may charge you $3.00 for each duplicate statement, $2.00 for each interim statement, $3.00 for each photocopy of purchase drafts, and $20.00 per hour for the research.
(d) Overlimit Charge - An overlimit charge of $10.00 will be assessed against your account if your balance on the statement closing date exceeds your established credit limit.
(e) Annual Membership Fee - None
(f) ATM Fees - If you use an ATM to obtain a cash advance and the ATM is not operated by us, you may be charged an ATM surcharge by the ATM operator or an ATM network utilized for such a transaction. The ATM surcharge may be charged to your account if you complete the transaction.

16. PAYMENTS: We will apply your payments first to any billed fees, then to late charges, then to the FINANCE CHARGES on both purchases and cash advances, then to the principal balances of purchases in the order they were posted to your account, and then to the principal balance of cash advances. If two or more purchases were posted on the same day, your payment will be applied to the smallest first.

17. PERIODIC STATEMENTS: If, at the end of any monthly periodic interval which we may determine (the “Billing Cycle”), you have an outstanding undisputed debit or credit balance in your account, or if there is a FINANCE CHARGE imposed with respect to your account, we will send you a periodic statement for that Billing Cycle.

18. ACCOUNT STATEMENT: Unless you notify us of a billing error as
described below, you accept your periodic statements as accurate statements of your account with us.

19. USE OF THE ACCOUNT BY OTHERS: If you permit another person to use your account, you agree to pay for (1) any transactions made by that person and (2) charges imposed on those transactions, even if the amount of the actual use exceeds your permission to the extent allowed by applicable law.

20. LIABILITY FOR UNAUTHORIZED USE: Lost/Stolen Notification:
You agree to notify us immediately, orally or in writing at Star One Credit Union, P.O. Box 3643, Sunnyvale, California 94088-3643, telephone 408 543-5202 or 866 543-5202 of the loss, theft, or unauthorized use of your Card or other credit instrument or device that we supply to you. You will not be liable for any unauthorized use. You agree to assist us in determining the facts, circumstances, and other pertinent information related to any loss, theft, or possible unauthorized use of your Card, Account Number or PIN and to comply with such procedures as we may require with our processing and investigation.

21. IRREGULAR PAYMENTS: We can accept late payments or partial payments, or checks and money orders marked “payment in full,” without prejudice to our rights under this Agreement, which are hereby explicitly reserved.

22. DEFAULT: You will be in default if you fail to pay as agreed, fail to comply with any provision of this Agreement, if you provide us with false information or signature, if you default on any account or other obligation that you have with us, or if you die, become insolvent, or file bankruptcy.

23. ATTORNEYS FEES AND COSTS: If you default on any part of this Agreement, you agree to pay us all costs to collect your account, including court costs and reasonable attorneys fees whether or not there is a lawsuit, and fees on any appeal and fees for bankruptcy proceedings, appeals, and any post-judgment collection services, if applicable.

24. TERMINATION: We may terminate or suspend your credit privileges under this Agreement, at any time, in our sole discretion, without demand or notice. If we are required by law to give you a reason for adverse action for credit denied, we will do so. You must notify us in writing if you decide to terminate the Agreement. If you terminate this Agreement or if we terminate or suspend your credit privileges, the provisions of the Agreement and your liability hereunder shall otherwise remain in full force and effect until all cards or credit instruments or devices issued to you have been canceled and/or returned to us and you have paid us all sums due us.

25. NON-REISSUANCE: For security purposes, Star One Credit Union VISA Credit Cards are reissued every two years. If at the time of reissue your VISA Credit Card Account has been inactive for at least 12 months, we reserve the right to not reissue you a new Card and may close your VISA account.

26. TRANSFER OF ACCOUNT: You cannot transfer your account to any other person.

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27. ACCELERATION: If you are in default as provided above, or if we in good faith reasonably believe that the prospect of payment or performance is impaired, amounts you owe us shall, at our option and without notice, become immediately due and payable.

28. DELAY IN ENFORCEMENT: We can delay enforcing any right under this Agreement without losing that right or any other right.

29. AMENDMENT: We can change this Agreement by mailing or delivering a written notice of change to your address at least 15 days before the effective date of the change. This includes changing the Periodic Rate and adding other charges (such as a membership fee).

30. SEVERABILITY: If any provision of this Agreement is held invalid, all provisions that are severable from the invalid provision remain in effect.

31. OWNERSHIP OF CARDS: Any Card or other credit instrument or device which we supply to you is our property and must be returned to us, or any person whom we authorize to act as our agent, or any person who is authorized to honor the Card. The Card may be repossessed at any time at our sole discretion without any demand or notice.

32. PIN SECURITY: You agree not to disclose or otherwise make your Card or Personal Identification Number (“PIN”) available to anyone without prior written consent. You agree not to disclose or otherwise make available your PIN to anyone not authorized to sign on your account. For security reasons, please do not write your PIN on your Card or keep it in the same location as your Card.

33. CURRENCY CONVERSION/FOREIGN TRANSACTION FEE: Purchases and cash advances made in foreign currencies will be billed in U.S. dollars. The conversion rate in U.S. dollars will be either at the government mandated rate or a wholesale currency market rate determined by VISA® for the processing cycle in which the transaction is processed. The currency conversion rate used by VISA® on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date. The Credit Union has no control over the conversion rate. In addition to the conversion rate selected by VISA®, a separate VISA International Service Assessment Fee of 1% is charged to the Credit Union and will also appear as a separate line item on your statement.

34. CREDIT REPORTS: You authorize us to make or have made any credit, employment and /or investigative inquiry we deem appropriate for the extension of credit or collection of amounts owing on the account. We can furnish information concerning your account to consumer reporting agencies and others who appear to have a business need for that information.

35. ADDRESS: You agree to advise us promptly if you change your mailing address. We can accept address corrections received from the U.S. Postal Service for any authorized user. All written notices and statements from us to you will be sent to your address as it appears on our records. Written notices and inquiries from you to us must be sent to:

Star One Credit Union
P.O. Box 3643
Sunnyvale, California 94088-3643

36. GOVERNING LAW: This Agreement will not take effect until it is approved by the Credit Union in the State of California. All payments shall be made to the Credit Union at the Credit Union’s offices. This Agreement shall be governed by the laws of the State of California.

37. PHONE CALLS: In the regular course of our business, we may monitor and record phone conversations made or received by our employees.You agree that we will have such right with respect to all phone conversations between you and our employees, whether initiated by you or any of our employees.

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YOUR BILLING RIGHTS
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 STATEMENT. If you think your statement is wrong, or if you need more information about a transaction on your statement, write us (on a separate sheet) at the address listed on your statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first statement 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 checking account, you can stop 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 statement 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 any unpaid amount against your Credit Line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, 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 statement. 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 statement was correct.

SPECIAL RULE FOR CREDIT CARDS

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 your 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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