VISA CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT

Transcription

1 VISA CARDHOLDER AGREEMENT AND DISCLOSURE STATEMENT This Credit Card Disclosure and Agreement (the Agreement ) is your contract regarding the issuance of one or more credit cards and sets forth the terms of your account or accounts. It also contains disclosures required by the Federal Truth In Lending Act. Please read all of this Agreement, and keep it for your records, because when you have accepted, signed or otherwise used your credit card or cards or the account or accounts associated with the card, you will be deemed to have unconditionally accepted and agreed to the terms of this Agreement, including liability for the account and the account balance. In this Agreement, the words you and yours mean the cardholder(s) who are contractually liable for the credit card and anyone else the cardholder(s) authorize to use the card. The words we, our, us, and Bank mean The Delaware County Bank and Trust Company, the card issuer. The term credit card, card, and account in this Agreement, mean a VISA card issued by us and the account related to that card. TYPE OF TRANSACTIONS AUTHORIZED FOR THE CARD ISSUED. You may use your account to obtain: Purchases. You can use your account to buy goods and services any place VISA cards are honored. You will be asked to authorize transactions in various ways, including by signature, by using an acceptance button or by inserting a PIN (see below). Advances. You can use your account, if in good standing, to request a credit card advance (loan) up to your available credit balance. There are three kinds of advances: Cash advance. To obtain a cash advance, go to any participating financial institution and present your card and request a cash advance. If outside the United States, you may receive your advance in local currency unless you are willing to pay an agreed upon exchange rate or exchange fee. You will be limited to the amount of your unused credit limit. Account access checks. If your account qualifies, we can send you a supply of credit card account access checks. To automatically obtain an advance from your account, simply use an access check and issue it to the payee. You will be limited to the amount of your unused credit limit. ATM advance. If you separately obtain a Personal Identification Number (PIN), you may obtain advances on your card account through designated automated teller machines (ATM) of the Bank and at other financial institutions participating in the same network(s) as Bank. The PIN should be memorized and kept in a safe place. Do not write it on your card. This does not mean, however, that every ATM is available for this purpose. There are daily limits to the amount of withdrawals you can make from an ATM. The daily limits are $300. Withdrawals from an ATM will be treated as a cash advance for FINANCE CHARGE and Transaction Fee calculation. Transactions at ATM s may be limited to posted hours, (you may only access your credit line with your card at an ATM; not your entire checking account balance). YOUR PROMISE TO PAY. By using or allowing someone else to use your card and related account, each responsible cardholder promises to pay for any and all purchases, advances, fees and charges as well as for any Finance Charges that may be due under this Agreement until the card and related account are fully repaid and canceled. RESPONSIBILITY FOR ADDITIONAL CARD OR OTHERS USING YOUR ACCOUNT. Each cardholder will receive a credit card with his or her individual name embossed but with the same, or substantially similar, card number. You promise to pay for all purchases made by you or anyone you authorize to use your account, with or without a card, and whether or not you notify us that he or she will be using it, and whether or not he or she exceeds any limits imposed by you. If another person has use of your account and you want to end that person's privilege, you must recover and return that person's credit card, if any, or advise us immediately of the need to close the old account and reestablish a new account and transfer your current balance to it. If you do not recover and return the card, you will continue to be liable for any charges made after you have advised us of your wish to cancel or transfer the privileges. We reserve the right to learn of the -1-

2 circumstances and receive your written instructions before we process a transfer request. Until receiving the explanation, we may suspend your available credit to the amount currently charged against the card. CREDIT LIMIT. Your credit limit will be determined by us and we will send you a separate notice advising you what your credit limit is. Your limit will be shown on each of your billing statements. You may not use your card or account in any way that would cause you to go over (exceed) your credit limit. We may (or may not) refuse to authorize or accept any transaction on your account which would cause you to exceed your credit limit in our sole discretion. If you wish to make sure that a transaction will not be dishonored, it is your obligation to not exceed the credit limit for your account. If you owe more than your credit limit, you agree to pay the excess immediately upon our request and we may suspend your account privileges or even cancel your account as long as you exceed your credit limit. Upon your request or at our option at any time we may reassess your credit line and increase or decrease your credit limit. If we do, we will promptly notify you of your new limit. BILLING STATEMENTS. We will send you a statement at intervals of approximately one month. The statement will show your activity on your card and account, your new balance, the minimum you must pay and the latest day we must receive your payment. If any benefits or programs are associated with your card or account, you must pay your statement by the designated date or you may be subject to forfeiture of the benefits or programs, either all or in part. MINIMUM PAYMENTS--AVOIDING ADDITIONAL FINANCE CHARGES. You can pay off all your purchases and advances in full each month, or you can pay your balance in monthly installments. If you pay off your new balance in full and we receive your payment by the due date shown on your statement, you will not have to pay any additional finance charge on the timely-paid amount. If you decide to pay in installments, however, each minimum payment will be 2% of the new balance or $25.00 whichever is more. If the balance is less than $25.00, the full balance is owed. If your calculated minimum payment is not a whole dollar amount, it will be rounded down to the next whole dollar. In addition, you promise to pay any amounts that are over-limit or past due, and any fees or charges, even if those aggregate sums exceed the percentage or dollar payment set forth above in this paragraph. PAYMENT ALLOCATIONS. All payments shall be allocated by us as follows to your account: first, to all fees and charges; then, to any related products or services you have requested; then, to Finance Charges; and, finally, to reduce the balances owed for purchases and advances. If you make a payment in excess of the required minimum periodic payment to your account, we will apply the excess amount first to the balance with the highest annual percentage rate and any remaining portion to the other balances in descending order based on the applicable annual percentage rate. FINANCE CHARGE; PERIODIC RATE; ANNUAL PERCENTAGE RATE. The FINANCE CHARGE shown on your monthly statement consists of your monthly periodic rate charge plus your transaction charge(s). Your monthly periodic rate charge plus transaction charge(s) gives us your total FINANCE CHARGE for the billing period. Except as set forth below, the FINANCE CHARGE on both purchases and advances starts when the purchase or advance is added to your account. The minimum FINANCE CHARGE for any monthly statement in which there is a FINANCE CHARGE shall be $1.00 (or it s pro rata part if the statement is for less than a month). -2-

3 Monthly Periodic Rate Charges. Monthly periodic rate charges are assessed on your purchases average daily balance and your advances average daily balance as follows. As indicated below, this is a variable interest rate plan and your monthly periodic rate charges may change each billing cycle. (a) Average Daily Balance For Purchases. (i) To figure your purchases average daily balance, we start with your purchase balance at the beginning of each day. Then we subtract any purchase credits or payments for that day and add any new purchases and debits posted to your account that day, excluding any unpaid finance charges, late charges, annual fees, and any related product or services. This gives us your purchase daily balance. (ii) Then we add up all the purchase daily balances and divide by the number of days in the billing period. This gives us your purchases average daily balance. (iii) However, if you pay the entire new balance shown on your previous billing statement by the due date, or if your previous balance on your current billing statement is zero, we treat your purchases average daily balance as being zero. (iv) We'll multiply your purchases average daily balance by the purchases monthly periodic rate. This gives us your purchases monthly rate charge for this billing period. To determine the purchases monthly periodic rate for a particular billing cycle, we first take the Prime Rate published in the "Money Rates" column of The Wall Street Journal ("Journal") on the last business day of the calendar month preceding the first day of the applicable billing cycle. (If the Journal publishes a range of rates, we will average the high and low of the range for that date; if the Journal fails to publish the Prime Rate for the relevant date, we will use the Prime Rate published in The New York Times or any other newspaper of national circulation selected by us.) The Prime Rate is merely a reference index and may not be the lowest rate available. For each billing cycle, we take the Prime Rate, as described above and add 10% for Gold and Business cards, 9% for Platinum cards and 9.5% for Real Reward/Charitable cards (and round up to the next highest 1/100%). We divide the rate by 12 to get the purchases monthly periodic rate. If the Prime Rate increases, so will your purchases monthly periodic rate, your Finance Charges, and the amount of your minimum payment. Your rate will not exceed 24.00% or the maximum amount allowable under applicable law. For billing cycles beginning in August 2010, the Prime Rate was 3.25%. As of that date, and not to limit any further changes, after adding the margin noted above, the purchases monthly periodic rate for the Gold and Business cards would have been 1.11% for an ANNUAL PERCENTAGE RATE OF 13.25%, the purchases monthly periodic rate for the Platinum cards would have been 1.02% for an ANNUAL PERCENTAGE RATE OF 12.25% and the Real Reward/Charitable cards would have been 1.07% for an ANNUAL PERCENTAGE RATE OF 12.75%, (b) Average Daily Balance For Advances. (i) To figure your advances average daily balance, we start with your advance balance at the beginning of each day. Then we subtract any advance credits or payments for that day and add any new advances posted to your account that day, excluding any unpaid finance charges, late charges, over-limit fees, annual fees, and any related product or services. This gives us your advance daily balance. (ii) Then we add up all the advance daily balances and divide by the number of days in the billing period. This gives us your advances average daily balance. (iii) However, if you pay the entire new balance shown on your previous billing statement by -3-

4 the due date, we exclude all amounts except for new advances. In this case, your average daily balance is based only on your new advances during the billing period. (iv) We'll multiply your advances average daily balance by the advances monthly periodic rate. This gives us your advances monthly rate charge for the billing period. To determine the advances monthly periodic rate for a particular billing cycle, we first take the Prime Rate, as described above, and add 16% (and round up to the next highest 1/100%). We divide that rate by 12 to get the advances monthly period rate. If the Prime Rate increases, so will your advances monthly periodic rate, your FINANCE CHARGES, and the amount of your minimum payment. Your rate will not exceed 24% or the maximum amount allowable under applicable law. For billing cycles beginning in August 2010, the Prime Rate was 3.25%. After adding the margin noted above, the advances monthly periodic rate is 1.61% (ANNUAL PERCENTAGE RATE OF 19.25%). Transaction Charge. In addition to including your new purchases and new advances in the average daily balances for monthly rate charge purposes, as discussed above, we also charge your account a Transaction Charge whenever any advance is added to your account. The amount of the charge depends on the kind of advance, as follows: Cash advance, ATM and convenience checks: the greater of $5.00 or 3% of the amount advanced. Figuring Your Annual Percentage Rate. Your billing statement shows the balances subject to a FINANCE CHARGE. We use these balances along with the amount of all new advances to figure your Annual Percentage Rate each month. The balances are your purchases average daily balance and your advances average daily balance, which include your new purchases and your new advances. We will not include any new purchases or new advances more than once in the computation. SERVICE FEES AND CHARGES. As a cardholder, you are responsible for each of the following fees and charges: Late Charges; Delinquency; Credit Report. If we don't receive at least your monthly minimum payment on the due date shown on your billing statement, we can bill you a late charge of up to $ An account is considered delinquent if we don t receive at least your monthly minimum payment at the due date and in addition to collection of the account balance, adverse credit reporting may occur. You agree to not use your card during any period your account is delinquent. Statement Copy Charge. If you ask for a copy of your billing statement, we can bill your account $5.00 per photocopy. If your request relates to a billing error inquiry, these charges will be waived unless you did not have a reasonable basis to make the request for that reason. Non-Sufficient Funds/Returned Payment Check Fee. A fee of $29.00 may be charged if the payment check, or like item you gave us, is not honored on first presentment (or subsequent presentments) by your bank. Stop Payment Fee. Our Bank rules for stopping payment on our ordinary checks apply to stopping payment on credit card account checks. If you ask us to stop payment or renew a stop payment order, we will charge you $29.00 per order or renewal. Penalty Pricing. The Annual Percentage Rate for purchases and cash advances may vary if you default under any Cardholder Agreement because you fail to make a payment to us when due, you exceed your credit line, or you make payment to us that is not honored by your bank. In such circumstances, we may increase the Annual Percentage Rate (including any promotional rate) on all balances to a higher rate of up to 23.99%. The Promotional Rate will cease to apply if payment is late during the introductory period. For all accounts, if payments are late by 60 or more days, all balances could default to 23.99%. Your account may again -4-

5 become eligible for a lower Annual Percentage Rate after you have met the terms of all Cardholder Agreements for six months. Collection Expenses. If you do not pay us as required by this Agreement, we may incur collection costs. You promise to pay all collection costs including reasonable lawyers' expenses and any expenses we may incur in retrieving your card to the extent not prohibited by law. We can bill these costs to your account. GENERAL TERMS AND CONDITIONS Register And Sign Your Card(s) Immediately. If your card requires activation, you agree to take reasonable effort to activate the card immediately. Cards not activated promptly may be subject to cancellation. You also agree to promptly sign your signature on the portion of the card designated for this purpose. Unsecured Account. Your VISA account is not secured credit. If this is a consumer account, we have no security interest for this account, regardless of any other agreement you may have with us. If this is a business account, we reserve the right of offset to the greatest extent possible by law, rule or regulation against any other assets, including other accounts, we hold or control on your behalf. Breach of Agreement. If you miss one or more payments or break one or more promises under this Agreement or under any other loan agreement with us or anyone else, we can require payment of the entire outstanding balance of your account to accelerate and become due immediately. We can also suspend or cancel your credit privileges. No prior notice of such action by us is required. We can also do this if you have made any false or misleading statements on your application for the card(s) we have issued to you, if you fail to timely make any payment by the due date plus any grace periods, if any cardholder should die (even if others are still living), if any cardholder files for bankruptcy (even if the others do not file), if any other creditor tries to seize the property of any cardholder, or if any cardholder is in default on any other account or agreement made with us. Questions and Billing Errors. Please let us know right away if you have any questions about your statement. You can call us at (740) or write us at PO Box 1001, Lewis Center, OH If you think we have made a mistake on your statement, you must follow the procedures on the accompanying statement on your right to dispute billing errors to preserve your rights under the Federal Truth in Lending Act. Credit Reporting; Information About You. Each cardholder applying for a credit card expressly agrees to allow us to determine credit status, including contact with credit reporting agencies and the underlying accounts listed on any credit report, and to periodically update that credit information. If you change your name, home or mailing address, phone number, or employment you agree to notify us immediately. You agree to provide us with updated financial information we may request and also agree that we may, from time to time, verify all information provided by you. We can also provide detailed information about you to VISA if you lose your card and request emergency assistance in the form of card replacement or cash advance. You consent to the release of this information for each purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Cancellation. Except where specific written notice is required by law, we may cancel your account any time by phone or by writing you at the address shown for you on our VISA records. You may cancel this account at any time by writing to the address on your billing statement and cutting and destroying all cards and access checks issued on your account. In either case, you remain responsible for any outstanding balance and all FINANCE CHARGES and other charges assessed on or subsequently imposed on your account. You must not use your account once your credit privileges have been suspended or canceled. Change Of Terms. We reserve the right to change the terms of this Agreement any time. The new terms will apply only to new purchases and advances. If we increase your percentage rate, fee or charge, the change will not apply to transactions that occurred prior to the notice of change. We will let you know (at your address shown on our VISA records) about any increased charges at least 45 days before the date on which the change, as revised, takes place. -5-

6 Waiver And Enforceability. We can waive or decline to enforce any of our rights under this Agreement at any time without affecting any of our rights under this Agreement in the future. If any term of this Agreement is found to be unenforceable all other provisions will remain in full force to the greatest extent possible. Lost Or Stolen Cards. If your card is lost or stolen, you agree to notify us at once, telling us what you know about the loss or theft. Liability For Unauthorized Use; When Notice Is Deemed Given. Cardholder liability for unauthorized use of a VISA card is zero dollars if the following conditions are met: (1) you report the loss or theft within 24 hours of discovering it lost or stolen; (2) your account is in good standing at that time; (3) no more than two incidents of unauthorized use involving your account have been reported within the last 12 months; and, (4) you used reasonable care in safeguarding the card from loss or theft. If those conditions have not been met, your liability for unauthorized use will be the lesser of $50 or the amount of money, property, labor or services obtained by the unauthorized use before notification to us. We may also increase your liability if we reasonably determine based upon substantial evidence that you were grossly negligent or fraudulent in the handling of your account or card. Notification to us is given when steps have been taken as may be reasonable in the ordinary course of business to provide us with the pertinent information about the loss, theft or possible unauthorized use of an account or card. Unauthorized use shall be deemed to mean transactions posted to the account or use of the card by a person other than you who does not have actual, implied or apparent authority for such use, and for which you receive no benefit. Release Of Information. From time to time we receive information about you and your accounts from other people. You agree that we also, from time to time, may answer questions and requests from others, like stores or credit reporting agencies, for credit or experience information about your account. Solicitation. We may provide information about our cardholders to affiliates. This information may include, among other things, names, addresses, phone numbers and account numbers for billing purposes. If you prefer that we not share information about you or your account, please write us at the "Billing Inquiries" address shown on your billing statement and request that you be removed from any solicitation list. Please include your name and account number as they appear on your billing statement. Refusal To Accept Card; Acts of Others; Inoperative Equipment. We will not be responsible for the decision of any other entity or person to not accept the card for payment or for the acts of others (or for any inoperative equipment or equipment being improperly used) in processing or failing to process any card transaction, whether valid or fraudulent, except as required by law. Irregular Payments; Any Payments Marked "Paid In Full". We accept payments between billing cycles (irregular payments) if properly identified as to account and received by us prior to the next payment being due. This may not satisfy your minimum payment due for the month and therefore you will be required to pay the difference by the due date. We also may accept and negotiate checks or other types of payments (along with explanatory correspondence) showing "payment in full" or using other language to indicate satisfaction of your debt, without waiving any of our rights to receive full payment under this Agreement. Satisfaction of your debt for less than the full amount (sometimes called an accord and satisfaction) requires a written agreement, signed by one of our authorized employees. Illegal Transactions. Your VISA may not be used to conduct any illegal transactions. You may not use your account or card(s) to purchase or acquire funds for any unlawful goods or service including but not limited to all gambling activities. It is your responsibility to determine whether any good, service or activity is unlawful. Should you participate in any unlawful activity, you will be obligated to pay any amount due to us on your account. Foreign Currency Transactions. If a cardholder effects a transaction (which includes any sale, credit, credit voucher, cash advance original transactions or any reversal transaction relating to those transactions) with a -6-

7 VISA card in a currency other than US Dollars, VISA will convert that transaction into a US Dollar amount by using its currency conversion procedure. The transaction will, in addition, incur an international service assessment fee. Under the currency conversion procedure that VISA currently uses, the non-u.s. Dollar transaction amount is converted into a US Dollar amount by multiplying the transaction amount in non-u.s. Dollar currency by a currency conversion rate. The exchange rate between the transaction currency and the billing currency used for processing international transactions is: A rate selected by VISA from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives or the government-mandated rate in effect for the applicable central processing date. This amount will then be increased by an international service assessment fee, which is an additional fee that will be passed to you. This fee will be 1% of the transaction amount. The fee will be combined with the transaction that the fee relates to and will be shown as a single item on your statement. The currency conversion rate that VISA uses for a particular transaction is the rate VISA uses for the applicable currency when the transaction is processed. The rate may differ from the rate in effect when the transaction occurred or when it was posted to the cardholder s account. Payments In Foreign Currency. For all amounts you owe on your account, you will pay us in US dollars. All checks must be drawn from funds on deposit in the US. We may, at our option, accept payment made in foreign currency or checks drawn on non-u.s. banks. If we do, we may impose service and collection charges. Our determination of service and collection charges will be final. Electronic Entry. We reserve the right to convert payment check information into an electronic entry. Telephone Monitoring. Our supervisory personnel may listen to or record telephone calls between you and our staff for the purpose of monitoring and improving the quality of service you receive. Change In Name; Address; Telephone; Employment. You agree to promptly notify us of any of the following: (i) change in your name, by legal action or marriage; (ii) change in your address; (iii) change in your telephone, whether work or residence and; (iv) change in your employment or your work place location or telephone. If your address changes outside the State of Ohio, we reserve the right to cancel your card. Governing Law. This Agreement is governed by applicable Ohio and Federal law. Real Rewards Terms and Conditions. The following Terms and Conditions apply to the Real Rewards Program (the Program) and include provisions relating to eligibility for enrollment, rebate accrual, redemption of rebates awarded and other important conditions and limitations. Please read these Terms and Conditions carefully. Any use of your credit card will constitute your acknowledgment of and agreement with all of the provisions specified below. As used in these Terms and Conditions, you or your means any individual who is an accountholder or a joint accountholder on the Real Rewards account. The Bank means The Delaware County Bank and Trust Company. 1. Eligibility is restricted to individuals who are US Residents. 2. You will earn one percent on your annual net purchases. Net Purchases means purchases of goods or services made by you or your authorized user through the use of your Real Rewards Account, plus qualifying balance transfers, minus merchant credits and plus or minus appropriate purchases adjustments posted to your Account. The term Net Purchases does not include: finance charges, annual membership fees, non qualifying balance transfers, transactions made at a financial institution ( such as purchasing gift cards or travelers checks or making loan payments), cash advance transactions ( including checks, ATM disbursements, and automated teller or cash equivalent item transactions), insurance premiums, debt cancellation fees, late fees, and other fees and charges assessed on your Real Rewards Account. Annual net purchases are calculated on a calendar year basis beginning and ending with the December billing cycles. 3. Rebates will be updated monthly on your Real Rewards statement. Each month your statement will reflect the status of your rebates including beginning balance, rebates earned, and ending balance. -7-

8 4. Rebates will be earned during a billing cycle only if your Real Rewards Account is in Good Standing at the end of that billing cycle. If your account is not in Good Standing at any time during the year, accrued rebates will be forfeited. Rebates earned each calendar year will be issued on your December billing statement. Rebates will be issued only if your Real Rewards Account is at that time in Good Standing. If your Real Rewards account is not in Good Standing when your statement cycles in December, you will NOT receive your rebate. Your account will be in Good Standing if your account (i) has not been assigned a closed status by you or The Bank, (ii) is not 30 or more days delinquent and (iii) is not in excess of the approved credit limit. The maximum rebate that may be earned is $1000 per calendar year. 5. The Bank reserves the right to alter, change and/or terminate the Program upon written notice to you. In addition, the Bank reserves the right to disqualify account holders who have violated these Terms and Conditions. 6. Rebates earned on your account have no cash value until the rebate is issued and may not be used as payment for obligations to The Bank. Rebates are not transferable and cannot be aggregated among two or more separate accounts. 7. You are responsible for determining any tax liability for your Real Rewards Account. Charitable Rewards Terms and Conditions. The following Terms and Conditions apply to the Charitable Rewards Program (the Program) and include provisions relating to eligibility for enrollment, rebate accrual, redemption of rebates awarded and other important conditions and limitations. Please read these Terms and Conditions carefully. Any use of your credit card will constitute your acknowledgment of and agreement with all of the provisions specified below. As used in these Terms and Conditions, you or your means any individual who is an accountholder or a joint accountholder on the Rewards account. The Bank means The Delaware County Bank and Trust Company. 1. Eligibility is restricted to individuals who are US Residents. 2. You will earn one half of one percent on your annual net purchases. Net Purchases means purchases of goods or services made by you or your authorized user through the use of your Rewards Account, plus qualifying balance transfers, minus merchant credits and plus or minus appropriate purchases adjustments posted to your Account. The term Net Purchases does not include: finance charges, annual membership fees, non qualifying balance transfers, transactions made at a financial institution ( such as purchasing gift cards or travelers checks or making loan payments), cash advance transactions ( including checks, ATM disbursements, and automated teller or cash equivalent item transactions), insurance premiums, debt cancellation fees, late fees, fees and other fees and charges assessed on your Rewards Account. Annual net purchases are calculated on a calendar year basis beginning and ending with the May billing cycles. 3. Rebates will be updated monthly on your Rewards statement. Each month your statement will reflect the status of your rebates including beginning balance, rebates earned, and ending balance. 4. Rebates will be earned during a billing cycle only if your Rewards Account is in Good Standing at the end of that billing cycle. If your account is not in Good Standing at any time during the year, accrued rebates will be forfeited. Rebates earned each calendar year will be issued on your June billing statement. Rebates will be issued only if your Rewards Account is at that time in Good Standing. If your Rewards account is not in Good Standing when your statement cycles in May, you will NOT receive your rebate. Your account will be in Good Standing if your account (i) has not been assigned a closed status by you or The Bank, (ii) is not 30 or more days delinquent and (iii) is not in excess of the approved credit limit. The maximum rebate that may be earned is $500 per calendar year. 5. An amount equal to the payout you receive on your May statement will be sent to the charitable organization outlined on your credit application in June. 6. The Bank reserves the right to alter, change and/or terminate the Program upon written notice to you. In addition, the Bank reserves the right to disqualify account holders who have violated these Terms and Conditions. 7. Rebates earned on your account have no cash value until the rebate is issued and may not be used as payment for obligations to The Bank. Rebates are not transferable and cannot be aggregated among two or more separate accounts. 8. You are responsible for determining any tax liability for your Rewards Account. -8-

9 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 Act. 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 checking 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 any 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: -9-

10 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 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. Notice: The Ohio Laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Oho Civil Rights Commission administers compliance with this law. Notice of Negative Information: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Please notify us if we report any inaccurate information about you to any consumer reporting agency. Your written notice describing the specific inaccuracy should be sent to: Customer Service, The Delaware County Bank and Trust Company, 110 Riverbend Avenue, P. O. Box 1001, Lewis Center, Ohio U.S. Patriot Act Information: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver s license or other identifying documents. -10-

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