Personal Line Of Credit terms and conditions

Transcription

1 Personal Line Of Credit terms and conditions 1. Introduction 1.1 Definitions Unless otherwise indicated, the words: Account means the line of credit account that you have been approved for by ATB as set out on the Personal Line of Credit Agreement, from which you may access borrowed funds in accordance with the Agreement. Agreement means these Terms and Conditions and your Personal Line of Credit Agreement. ATB and we, our, and us means Alberta Treasury Branches, operating as ATB Financial. Customer Card means a card issued to you by us to access accounts by way of automated banking machine and PIN. Personal Line of Credit Agreement means the ATB Personal Line of Credit Agreement setting out certain terms for the line of credit account for which you have been approved by ATB. PIN means a personal identification number issued to you by ATB for accessing your Account by automated banking machine and a Customer Card. Prime Lending Rate means the rate of interest which is established from time to time by ATB to determine the rate of interest charged on Canadian dollar loans and designated, declared or commonly known as it prime lending rate. Rate and Fee Schedule means the schedule of fees, interest rates and charges applicable for various types of accounts. The Rate and Fee Schedule forms part of the Agreement and may be amended from time to time by ATB. Statement Period means, for any Statement, the period starting from the balance forward date and ending on the closing balance date set out on that Statement. You, your and yours includes each person named on the Personal Line of Credit Agreement. If this includes more than one person, you means each one of you. 1.2 General Terms Any words importing the singular number only shall include the plural and vice versa. All other capitalized terms used in the Agreement and not defined above are defined elsewhere in this Agreement. These Terms and Conditions form part of your Personal Line of Credit Agreement. If applicable, these Terms and Conditions replace any Terms and Conditions previously provided to you for your Account. In consideration of ATB agreeing to extend you credit, all of you, individually and together, are liable to ATB for all obligations, indebtedness and liabilities of any kind whatsoever which you incur under this Agreement and the Rate and Fee Schedule and in connection with the use of your Account and any such other amounts as may be charged to your Account. Registered trademark of Alberta Treasury Branches. Personal Line of Credit Terms and Conditions 1

2 2. Accounts 2.1. Credit Limit Your initial credit limit is set out in the Personal Line of Credit Agreement. We may with or without notice to you, change your credit limit. If we change your credit limit, your new credit limit will be set out in the next Statement immediately after the change becomes effective. You may borrow, in the aggregate, up to your credit limit at any given time, and we can refuse to allow you to borrow more than is available on your credit limit, even if we have previously allowed you to borrow more. If we do permit you to exceed your credit limit, you must repay on demand the amount that exceeds the credit limit. If your Account is connected to a Customer Card, you also agree that we may set a separate limit for accessing funds from your Account through an automated banking machine ( ABM ) with your Customer Card and for amounts transferred or deposited into your Account Interest We charge interest on the total daily outstanding balance at the end of each day on your Account at the annual interest rate applicable for that day. Interest is compounded monthly and will bear interest at the applicable interest rate. We will also charge interest at the applicable interest rate after we demand payment, before and after any default and on any judgment that we obtain against you. We calculate the interest owing by multiplying the total daily outstanding balance on your Account at the end of each day by the annual rate of interest in effect on that day and dividing that by the actual number of days in a year. To determine the amount of interest owing for each Statement Period, we add together all of the daily interest charges for that Statement Period. The annual interest rate that we charge you is a variable interest rate based upon a percentage (the variable portion ) above or below the Prime Lending Rate. The initial variable portion that your annual interest rate is based on is set out in your Personal Line of Credit Agreement. The annual interest rate that we charge you will automatically change on the same day that the Prime Lending Rate changes. Our Prime Lending Rate is posted at our branches and at atb.com. You also agree that we may change the variable portion of the annual interest rate on 30 days notice to you. We may also decrease the variable portion or the annual interest rate for a specified period, which interest rate and the expiry date will either be indicated on your Personal Line of Credit Agreement or elsewhere (the promotional period ), after which time the variable portion will return to the rate applicable immediately prior to the promotional period Fees You agree to pay all fees applicable to your Account including the fees set out in this Agreement and in the Rate and Fee Schedule. The fees may be changed or supplemented on notice to you Foreign Currency Transactions to your Account involving foreign currency will first be calculated and exchanged in Canadian currency at a conversion rate determined by us before the transaction is recorded on the Account Holds You agree that we may place a hold on any payment made to your Account and to suspend any transactions until we confirm that the funds are received by us for such payment. We may also suspend the use of your Account if we suspect fraud or other illegal activity or the Account is otherwise operating in breach of this Agreement. 2 Personal Line of Credit Terms and Conditions

3 2.6. Security You agree that any security you have given us prior to entering into this Agreement and by virtue of entering into this Agreement are granted as a continuing collateral security for all of your obligations under this Agreement. You also agree to pay all of our costs, including legal, valuation, insurance premiums and other costs related to any personal or real property security. As well, you agree that any mortgage that we may register as security may be in an amount greater than your credit limit in order to accommodate your future borrowing needs. 3. Accessing your Account 3.1. Generally You may access your Account to borrow money through an ATB deposit account designated by us: a) By way of Online banking; b) By way of telephone banking; c) At an ABM by using a Customer Card and your PIN; d) By writing cheques that we may issue you; e) By setting up with us, automatic transfers between your Account and other accounts that you have with us; or f) By such other means as we may agree from time to time. We may require a separate agreement for the use of any method to access your Account. Any one of you may access and borrow money on the Account without the consent of any other Online Banking If you have chosen to enroll for our online banking service, we may permit you to access your Account using an identification number assigned to you together with a password. You agree that you are liable for any transaction on your Account through the use of the identification number with your password and whether or not actually authorized by you. You agree to immediately notify us of any unauthorized use of your Account via online banking. You agree that the terms set out in our Personal Online Terms and Conditions apply to the use and accessing of your Account online Telephone Banking If you have chosen to enroll for telephone banking, then you may access your Account using a security access code and or a password and conduct various types of transactions over the phone, as we may permit. If you access your Account through telephone banking and use your Account for bill payments, we will forward the payment to the payee the next business day. We will not be responsible for any penalties, fees or interest charged by the payee under any circumstances. Personal Line of Credit Terms and Conditions 3

4 3.4. Cheques We may provide you with cheques that can be used to draw on your Account. The cheques must be kept in a secure location and you must immediately notify us if the cheques are lost or stolen. We reserve the right to refuse to honour any cheque and to discontinue providing cheques at any time. All unused cheques are to be returned to us on demand. You waive presentment, protest and notice of dishonour on all cheques you have drawn, made, accepted or endorsed and which are delivered to us for deposit or negotiation. We may charge your Account, even if that puts your Account over your authorized credit limit, with any cheque drawn by you, or any instrument, cheque or item cashed or negotiated by us for you or credited or deposited to your Account for which payment is not received by us or which is subsequently returned by reason of a forged or unauthorized or missing endorsement, or as being fraudulent, counterfeit or materially altered. We may charge your Account for any instrument, cheque, or item received by us for credit or deposit to your Account even if that instrument, cheque or item is lost, stolen or otherwise disappears by any reason other than our gross negligence. 4. Payments 4.1. Minimum Payment For every Statement Period, you must make a payment on your Account in accordance with the repayment requirement set out in your Personal Line of Credit Agreement. At any time, we may require you to increase your regular payment. The minimum payment required to be paid will be set out in your Statement, unless only the interest is payable in which case it will be the interest accrued during the Statement Period. You also agree that we may take any payment from the ATB Debit Account indicated on your Personal Line of Credit Agreement, any other account you designate or any other accounts you have with us Overlimit Amount If we have permitted your Account balance to exceed your credit limit at any time, then: a) The amount that exceeds your credit limit will be charged interest at our then applicable overdraft interest rate for accounts without overdraft protection, which rate can be found in the Rate and Fee Schedule; and b) You must repay any such amount, on demand Application of Payments When you make payments on your Account, they will be credited to your Account when received and cleared by us. Payments do not automatically adjust the remaining credit limit. This generally occurs within one to three business days following our receipt and the clearing of a payment. We will apply payments that you make in the following order: a) First to any interest; b) Then to any creditor insurance; c) Then to any fees charged; and d) Then to any principal amount outstanding Demand by ATB At any time, we may demand and you must immediately pay the total outstanding balance owing on your Account. 4 Personal Line of Credit Terms and Conditions

5 5. Statements 5.1. Statements Unless the balance on your Account is zero and no payments have been made on your Account, we will send you a monthly billing statement ( Statement ) at the last address provided to us as indicated on our records. Any communication sent by us to one of you will be deemed sufficient communication to all of you Verification You must notify us promptly if you do not receive your Statement within seven days of when you normally receive your Statement, as you must still make any payments required. We are not responsible for lost, misdirected or intercepted Statements. Upon receipt of each Statement you must review it and notify us in writing within 30 days of the Statement date of any discrepancies, errors or omissions contained in that Statement. If you do not notify us as required, then the Statement and all amounts posted to your Account will be binding upon you. However, if an amount is credited to your Account in error, we may reverse such credit at any time. 6. Student First Line of Credit If the Account is a Student First Line of Credit, then the terms and conditions in this Section 6 Student First Line of Credit also apply Student Status You agree that you must provide proof of enrolment as we may require in a post-secondary institution approved by us ( Post-secondary Institution ) in order to qualify for student status with us ( Student Status ). In order to maintain Student Status, you must: a) Provide us with proof of enrolment in a Post-secondary Institution, annually and at any time upon request; and b) Upon graduation from a Post-secondary Institution, provide proof of graduation satisfactory to us. If you fail to provide any proof required by us an in the form required, then you will automatically lose Student Status and not be able to regain Student Status, unless we otherwise agree Interest For so long as you maintain Student Status, the applicable annual interest rate will be the rate set out on your Personal Line of Credit Agreement, as that rate may be amended ( Student Rate ) under these Terms and Conditions. If you lose your Student Status, then you will no longer qualify for the Student Rate and we will notify you of the new applicable annual interest rate Repayment Within one year of the date of your graduation from a Post-secondary Institution or immediately upon termination of your enrolment in a Post-secondary Institution, you agree to enter into a non-revolving fixed term repayment schedule with us for the then outstanding balance on your Account. If you do not enter into such an arrangement with us, then we will determine the conditions of such a loan at our discretion (including the payment amounts, payment dates and repayment date) and notify you of such conditions. Personal Line of Credit Terms and Conditions 5

6 7. Amendments We may amend or modify this Agreement, as well as the Rate and Fee Schedule, from time to time upon subsequent notice to you, unless advance notice is required by law. You are deemed to have accepted any amendments or modifications if any balance remains outstanding or you create an outstanding balance on your Account after the effective date of the amendment or modification. 8. Personal Information Your request for or use of your Account or other ATB services and products is your acknowledgement that we will collect, use and disclose your Personal Information in accordance with ATB s Collection, Use and Disclosure Statement ( Privacy Statement ), which we have provided to you. Details of our commitment to protecting our customers privacy are set out in ATB s Privacy Code. A copy of ATB s Privacy Statement and Privacy Code can be obtained at atb.com, from any ATB branch, or by calling Loan Protection If you have applied for Loan Protection insurance, then you acknowledge receiving a certificate of insurance setting out various terms and conditions applicable to Loan Protection for your Account. You agree that the premiums payable for Loan Protection may be debited from the ATB account indicated in your Personal Line of Credit Agreement or such other account as we may agree to from time to time, including the Account. Your Loan Protection insurance, unless you are in default, will automatically transfer to any non-revolving fixed term repayment loan that your Account may be transferred to, provided that at the time of transfer, the outstanding balance of such loan is not greater than the credit limit on your Account at that time. The premium amounts and coverage for the Loan Protection insurance will be set out in a certificate of insurance that we will provide to you at the time of transfer. 10. General Assignment We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party or issue securities backed by Personal Lines of Credit. If we do, we may disclose information about you and your Account, including any financial information contained in support of your application to a proposed purchaser or assignee of this Agreement, or a trustee of a securitization and that we may obtain a credit report on you in connection with these transactions Termination Either you or we may terminate this Agreement by giving 10 days written notice of termination to the other. This Agreement may be immediately terminated by us, without notice to you, if: a) You fail to make any minimum payment when required; b) Any amount owed is not paid when due; c) You or any of you become insolvent or bankrupt, or a petition in bankruptcy is filed; d) There is a mortgage or other security granted to us as security for this loan, and you sell or otherwise dispose of the assets secured; or e) You are otherwise in default of any provision of this Agreement or any other agreement you, or any of you, have with us, including the security granted (if any) under this Agreement. 6 Personal Line of Credit Terms and Conditions

7 If this Agreement is terminated (for whatever reason): a) All amounts due or becoming due (whether posted on your Account or not), including service and interest charges and fees must be immediately paid to us, along with any interest calculated at the applicable interest rates payable under this Agreement; b) We may withdraw funds from any accounts you, or any of you, holds with us, including any joint accounts with others, the amounts necessary to satisfy any and all amounts outstanding to us; c) We are not obligated to advance any further funds or credit to you; d) You agree to pay, on demand, all expenses, costs and disbursements that we may incur in the enforcement of this Agreement and the security granted, including any legal costs as between a solicitor and his own client on a full indemnity basis; and e) You agree that the termination of this Agreement does not in any way affect our rights under the security granted. For clarity, the suspension or termination of your Account will in no way affect your obligation to repay amounts owed to us Notices We will send you Statements and other communications by ordinary mail at the most recent address that we have for you in our records. Any communication to one of you will be deemed sufficient communication to all of you. Each communication we send by regular mail will be deemed to have been received by you on the fifth day following the date that such communication is deposited at a post office with postage properly paid, unless there is a postal strike or other disruption affecting mail. In the case of a postal disruption, you must contact us to obtain Statement information in order to meet your payment obligations Waiver If we fail to exercise, or delay in exercising any of the rights that we have under this Agreement or if, on any occasion, we waive the rights that we have under this Agreement, it shall not be considered a waiver of any of our rights at any other time or on any other occasion Severability If any portion of this Agreement is declared or deemed, for any reason, to be invalid or unenforceable, then the remaining portions of the Agreement shall not be affected and shall remain in full force and effect Limitation Period Extention The limitation period for debt actions to be taken out under this Agreement is extended to 6 years from the later of the dates any default occurred or ought to have been discovered by us. Personal Line of Credit Terms and Conditions 7

8 10.7. Limitation of Liability You agree to release us from any liability or claim for and we shall not be responsible for any loss, damage (including special, indirect or consequential damage), or any loss of profit or revenues resulting from: a) The use of the Account, or in connection with any transaction or this Agreement; b) Your failure to provide complete and correct information to us; c) Any systems or communications failure or malfunctions; d) Your failure to maintain systems, procedures and other preventative controls; e) Any failure by us to act, execute or complete any instruction due to anything beyond our reasonable control; and f) Our acting on your instructions, or on instructions that appear to be from you. In no case will we be liable to you for any special, indirect, or consequential damages Choice of Law This Agreement shall be governed in accordance with the laws in force in the Province of Alberta and you agree to submit to the jurisdiction of the courts of the Province of Alberta Headings The headings to each section of this Agreement are added for convenience only and do not change the meaning of any section of this Agreement Contact Number You may make inquiries about your Account by calling toll-free Personal Line of Credit Terms and Conditions