Business Credit Card Application
Platte Valley Companies
Business Credit Card Application
PLATTE VALLEY COMPANIES BUSINESS CREDIT CARD AGREEMENT
This agreement governs the business credit card program offered by Platte Valley Bank which is a Nebraska State Bank and a subsidiary of Platte Valley Financial Service Companies, Inc. Among other things Platte Valley Bank issues credit cards to its customers and to customers of affiliate banks which are other subsidiaries of Platte Valley Financial Service Companies, Inc. (“Affiliate Banks”) and which include Platte Valley Bank, a Wyoming State Bank and Mountain Valley Bank, a Colorado State Bank; Under this program, VISA credit cards (“Card” or “Cards”) are issued for the use of business owner(s) and employee(s) to charge job-related expenses and services and to obtain job related cash advances. The words “Platte Valley Bank” and “we,” “our,” and “us” will mean Platte Valley Bank, a Nebraska State Bank. The words “you” and “your” mean the persons and entities who are liable under this agreement either as the “Customer” (the Sole Proprietor, partnership, Limited Liability Company, Corporation or other entity described above). Each Card which is issued at the request of Customer will bear the name of Customer as well as the name of the employee or person (the “Cardholder”) who is authorized by Customer to use the Card. The word “use” shall include any presentation of the Card or disclosure of its associated account number or Personal Identification Number (“PIN”) in any manner which permits any person to purchase goods and services or obtain a cash advance. This agreement is between you and Platte Valley Bank and is not with an Affiliate Bank even if (i) you Bank mostly with an Affiliate Bank, (ii) the Affiliate Bank’s name, logo or other branding is printed or otherwise associated with your Card, Card application, monthly statement or other account materials, (iii) the Affiliate Bank marketed the account to you, and/or (iv) the Affiliate Bank may assist Platte Valley Bank to administer your account.
You will be solely responsible for the repayment of all account balances arising from the use of any Card issued at your request. The account balances for each Card, must be repaid to us in accordance with the terms of this agreement. By using this program, you consent to be bound by the terms of this agreement, all applicable state and federal laws and regulations and normal banking customs and practices. If there is a conflict between something which is said by one of our employees or any of these documents, we will follow the written document. You agree to this method of selling differences.
Business Use of Cards.
You agree and warrant to us that all Cards issued at Customer’s request shall be used solely for business and commercial purposes in connection with your business operations. No consumer use of any Card shall be permitted under any circumstances. You agree to issue appropriate instructions and guidelines in this regard to all Cardholders who are authorized by Customer to use any Card. A violation of this restriction on the use of any Card shall be immediate grounds for termination of this agreement.
YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY CARD ISSUED UNDER THIS PROGRAM WILL NOT BE TREATED AS A CONSUMER CREDIT CARD UNDER THE PROVISIONS OF STATE AND FEDERAL LAW. YOU WILL NOT HAVE THE BENEFIT OF ANY LIMITATION OF LIABILITY WITH RESPECT TO THE UNAUTHORIZED USE OF A CARD. YOU ACCEPT AND AGREE TO UNDERTAKE THE ADDITIONAL RISK ASSOCIATED WITH THE USE OF BUSINESS PURPOSE CARDS AND AGREE TO ASSUME THE GREATER MEASURE OF LIABILITY DESCRIBED IN THIS AGREEMENT.
A Card may be used to purchase goods and services for commercial purposes at any location where VISA credit cards are honored. A Card may not be used for personal, family or household purposes. A Card may be used to obtain cash advances only if the business has requested the functions to be activated and if the funds are to be used to pay for business-related expenses or services. Prior to its use, each Card must be signed by the Cardholder who has been authorized by Customer to use the Card. We are not responsible for the refusal of any merchant to accept or honor a Card.
A PIN will be issued for a card only at the request of the business. A PIN would enable the Cardholder to obtain cash advances at any designated automated teller machine (“ATM”). Cash advances from an ATM will be disclosed on the periodic statement each month and will accrue a finance charge in the same manner as other cash advances. The PIN must be kept in confidence by you and by the Cardholder. You agree to take all necessary steps and institute all appropriate precautions to protect and maintain the secrecy and security of each PIN. Customer further agrees to instruct each Cardholder concerning the proper business use of each Card and the appropriate procedures which must be followed to maintain the confidentiality and security of each Card and its associated PIN. If you or the Cardholder authorize someone else to use a Card and the associated PIN, you will be liable for all transactions and cash advances which may result.
Cards will be issued under separate accounts for each Card. This account specifies the names of persons designated by you as the authorized Cardholder for each Card. The established credit limits, are also described in this section. However, these credit limits may be changed from time to time by us in our sole discretion upon notice to Customer and without making any changes upon this agreement or the addendum.
Only those persons designated by Customer as Cardholders shall be authorized to use a Card. We will issue a Card which bears Customers name as well as the name of the Cardholder. Customer may cancel the authorized or permitted use of a Card only by notifying us in writing or by email. Until the notice is received, we can continue to honor Card transactions and you will be liable for these transactions.
If a Card and or its associated PIN is lost, stolen, or used in an unauthorized manner, you agree to notify us immediately of this event by the most direct method available and to promptly confirm such notice in writing. You will continue to be liable for all transactions accomplished with the use of the Card and/or its associated PIN until 8:00am Mountain Time on the third business day following the day on which we receive written notice. Unless you are also a Cardholder, a Cardholder will have no liability in the event a Card is lost, stolen, or used in an unauthorized manner.
We will establish an aggregate credit limit for the Business. The Business will assign the credit limits to each card they request to be issued. Changes to these credit limits may be requested by the Business throughout the life of the account. If the described credit limits are exceeded in any manner, we will not be required to honor Card transactions and this agreement will be in default.
Customer will receive a periodic statement each month. The statements will reflect Card transactions for each account. The statement will show the outstanding balance at the beginning of the billing cycle (“Previous Balance”), all payments and credits posted to the account, all charges and cash advances during the billing cycle, the amount of any Interest Charge, and the outstanding balance at the end of the billing cycle (“New Balance”).
Customer agrees to pay issuer (a) the entire New Balance within 25 days from the “Closing Date” shown on the periodic statements or (b) the minimum payment (3% of the New Balance or $10.00, whichever is greater) plus any amount that is past due and any amount that is excess of the Credit Limit.
Payments applied first to billed Finance Charges, next to billed cash advances, next to billed purchases, next to unbilled cash advances and then to unbilled purchases.
If at least the minimum payment is not made by the payment due date each month, you will be in default under this agreement. In addition to the minimum payment requirement we have the right at any time and our sole discretion to require you to reduce the outstanding balance for any Card account to an amount which we deem appropriate under the existing circumstances. If you fail to comply promptly with any payment requirement or balance reduction demand, you will be in default under this agreement.
All credit for purchases and cash advances is extended at the option of the merchant or cashing bank, and the issuer shall not be responsible for refusal of any merchant or bank to honor the Card.
Your interest charge will be calculated differently for Cash Advances than for Purchase and Other Charges as described below.
Except for the grace period on certain Current Billing Cycle Purchases, Interest Charges are imposed from the date a Purchase or Cash Advance is posted to Cardholder’s account until the date that payment in full has been credited to Cardholder’s account.
The monthly Periodic Rate of INTEREST CHARGE for Purchases and Cash Advances is a variable rate equal to an index rate plus 0.54083% (corresponding ANNUAL PERCENTAGE RATE is the index rate plus 6.49%).
An increase or decrease in the index rate will result in a corresponding increase or decrease in the variable, monthly Periodic Rate applicable to Current Transactions and Cash Advances. Such increases or decreases shall be effective on the first day of the billing cycle and shall be based on the index rate applicable on the last business day of that month which is immediately prior to the month in which such billing cycle commences. Such increases or decreases may occur as frequently as monthly. An increase in the variable, monthly Periodic Rate (and the corresponding ANNUAL PERCENTAGE RATE) applicable to Current Transactions and Cash Advances will increase the INTEREST CHARGE and your payments may be greater.
The index rate, unless subsequently changed by the issuer, shall be the prime commercial lending rate as quoted in The Wall Street Journal. The prime commercial lending rate as quoted in The Wall Street Journal is a rate used solely by reference purposes. No inference should be drawn that such a rate of interest is necessarily available to any customer(s) for any purpose.
If the New Balance is paid and posted to the Cardholder’s account by Payment Due Date, no Interest Charge is imposed on Current Billing Cycle Purchases (i.e. purchases itemized in the Current Periodic Statement). All payments received by 5:00pm Mountain Time, Monday – Friday, except bank holidays at the address indicated on the statement will be credited to the Cardholder’s account as of the date of receipt of payment. If payment is made at any location other than such address, credit for the payment may be delayed up to 5 days.
If an Interest Charge is shown on the periodic statement, it is computed in the following manner: if payment in full of the entire New Balance shown on the periodic statement for the previous billing cycle is received by the Payment Due Date, we do not assess a periodic Interest Charge on the Purchases balance of you account. If such payment was not received when payment was due, we figure the Interest Charge for Purchases on your account by applying the periodic rate as indicated in your card member disclosure to the “average daily balance” of your account (including current transactions). To get the “average daily balance” we take the beginning balance on your current statement, subtract any billed interest charges and billed fees, then each day add in any new purchases, subtract any payment and credits on the date they post to your account this gives us the daily balance for each day in the billing cycle. Each daily balance is then added together and divided by the total number of days in the billing cycle. This gives us the “Average Daily Balance” which is stated as the “Balance subject to Interest Rate” on your statement.
We figure the Interest Charge for Cash Advances on you account by applying the periodic rate as indicated in your card member disclosure to the “average daily balance” of your account (including current cash transactions). To get the “average daily balance” we take the beginning balance on your current statement, subtract any billed interest charges and billed fees, then each day add in any new cash advances, subtract any payments add credits this gives us the daily balance for each day in the billing cycle. Each daily balance is then added together and divided by the total number of days in the billing cycle. This gives us the “Average Daily Balance” which is stated as the “Balance Subject to Interest Rate” on your statement.
Cards issued to Cardholders under this program and the associated account numbers and PINs will be used to purchase goods and services or to obtain cash advances only for commercial and business purposes and only in strict compliance with the conditions and terms provided in this agreement.
All financial and other information which you provide to us from time to time is and will be true and accurate, and you will inform us promptly in writing of any material changes in this information.
You will inform us in writing of any change in your name and address.
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.
Other Fees and Charges.
We retain the right to charge the Account an annual fee for participating in and maintaining your account with us. The amount of the annual fee, if any, is disclosed on the disclosure titled “Important Cost Information about our Business Credit Card”. If an annual fee is shown, the fee will be charged when your account is opened and on each anniversary thereafter.
Subject to applicable laws and regulations, we may impose various charges and fees for each Card account including fees for returned checks, copies of sales drafts, replacement cards, and so forth. A current schedule of the fees and charges will be posted in our lobby and will be available to you upon request. You agree to be bound by the current schedule of fees and charges as well as all rules and regulations issued by us from time to time governing this program.
Master Insurance Programs.
We may provide coverage from time to time under one or more master insurance programs, which provide benefits to Customer and the Cardholder with respect to goods or services purchased with a Card. There will be no additional charge to you for these benefits. We will furnish Customer from time to time with descriptions, which summarize the terms and conditions of programs currently in effect. All such programs are subject to the terms and conditions of the master insurance policies issued to us. We reserve the right to modify or terminate any part or all of these programs at any time without notice.
Security Interests and Right of Setoff.
In order to secure payment of all amounts which you owe us under this agreement, you grant to us a continuing lien and security interest in and upon, as well as a right of setoff against, any and all of your monies, deposit accounts, securities and other property now or hereafter held or received by Platte Valley Bank or any Affiliate Bank. Checks may be paid from your transaction accounts without waiving this security interest and right of setoff. The rights, liens and security interests granted to us hereunder are in addition to, and not in limitation of, any rights, liens and security interests which we otherwise have or hereafter acquire. Without limiting the foregoing, if Platte Valley Bank has or acquires a security interest in any of your property which, under the terms of the security agreement, secures all of your debts and obligations to Platte Valley Bank or otherwise would secure the amounts which you owe under this agreement, that security interest will secure those amounts. If Platte Valley Bank assigns any debt owing by you under this agreement to an Affiliate Bank, and that Affiliate Bank has a security interest in any of your property which, under the terms of the security agreement, secures all of your debts and obligations to the Affiliate Bank or otherwise would secure the assigned debt, the Affiliate Bank will have a security interest in that property to secure the debt assigned to the Affiliate Bank.
Obligation to Make Advances.
If this agreement is secured by a deed of trust encumbering real property, we will remain obligated during the term of this agreement to make advances up to the amount(s) of the account credit limit(s) established by this agreement unless you default under this agreement of any other obligation with Platte Valley Bank or we become entitled to terminate your rights under this agreement for any reason.
When you apply for an account under this program, you authorize us to obtain a credit report and obtain any other information about your creditworthiness. Any unfavorable information will be grounds for us to deny your application or terminate other credit agreements or accounts you may have with us. When we loan you money under the program, we are relying on all financial and other information you have given us from time to time. You agree to provide us with financial information at our request so that we can evaluate your continued capacity to meet your repayment obligations.
Representations and Warranties.
You represent and warrant to us as follows:
You may terminate the services under this agreement at any time by written notice. We have the right to terminate this agreement or cancel any Card(s) at any time without notice. In the event this agreement is terminated, you must still pay the present and/or future outstanding balance resulting from the use of any Card or Card number. All cards remain our property. If a Card is canceled or this agreement is terminated, all Cards must be immediately surrendered to us.
You may send any notice to us under this agreement or communicate with us by writing to us at the address for Platte Valley Bank indicated above. We may provide notice to you under this agreement by mailing the notice to the address which we have for you in our records.
Upon default of 60 days and greater or acceleration of you indebtedness under this agreement, the unpaid principal balance shall bear interest at the rate of Prime plus 11.49%. You will be in default in the event of any failure to comply with the terms of this agreement including, but not limited to, failing to make a required payment when due or exceeding the credit limit for any Card. You will also be in default under this agreement upon the occurrence of any of the following events:
You overdraw any transaction account with Platte Valley Bank or any Affiliate Bank or otherwise fail to maintain any transaction account with Platte Valley Bank or any Affiliate Bank in good standing;
If you permit the entry or service of any garnishment, judgment, tax levy, attachment or lien against you or your property;
You become the subject of any bankruptcy or debtor rehabilitation proceedings (whether voluntary or involuntary);
If a receiver is appointed to take possession of any portion or all of your property;
If you fail to furnish us with financial statements upon our request;
If you die or your legal entity is dissolved or terminates its legal status for any reason;
If you make any statement or representation in your credit application or in connection with this agreement which is false or untrue in any material aspect;
If we deem you insecure for any reason or believe that your ability to repay obligations under this agreement has been impaired in any manner.
Upon the occurrence of any event of default, or upon our termination of any rights under this agreement, or the cancellation of any account, we may declare all of the indebtedness due under the account(s) due and payable at once. We have the right to impose interest (interest charge) at the default rate described below in the unpaid balance of the indebtedness under each account. We will be under no obligation to extend further credit after an event of default has occurred. However, you shall be under a continuing obligation to repay all amounts owed to us under this agreement.
Upon default of 60 days and greater or acceleration of your indebtedness under this agreement, the unpaid principal balance shall bear interest at the rate of Prime plus 11.49%.
In the event we are required to begin collection proceedings to collect the balance due under any Card account, you agree to pay all associated attorney’s fees, court costs, and other collection costs as permitted by law.
Delay in Enforcement.
If we accept late or partial payments or delay enforcing any of our rights under this agreement, we will not lose those rights.
Certain purchases may require an authorization from us or our service bureau prior to completion of the transaction. In some cases, the Cardholder may be asked to provide identification. If the authorization system is not functioning, we or our data processor may not be able to authorize a transaction even if the account has sufficient available credit. We will not be liable to you or the Cardholder if any of these events should occur.
Change of Terms.
We may change any term or part of this agreement, including any interest charge rate, fee or method of computing any balance upon which the interest charge rate is applied, by sending written notice to Customer at least thirty (30) days before the charge is to become effective. Your use of the services under this agreement constitutes your acceptance of this agreement and any future change of terms which we may initiate. We may apply any such change to the outstanding balance in any Card account on the effective date of the change of terms and to new charges made after that date.
Assignment of Account.
We may sell, assign or transfer any Card account or any portion thereof without notice to you. You may not assign or transfer any Card account without our prior written consent.
Credits and Credit Balances.
If merchandise purchased with a Card is returned, the merchant will have forty-five (45) days to post the credit to the appropriate account. You will be responsible for any interest charge incurred with respect to such a purchase until the credit has been posted. In the event there is a credit balance in any Card account for more than six (6) months, and we have been unable to refund the balance for any reason, the account balance will be automatically converted into a transaction account in Customer’s name. This transaction account will then be treated as a dormant account subject to the service charges specified in our rules and regulations.
Interest Rate Limitations.
We will not impose fees or interest under this program which would result in a violation of any law or regulation governing maximum interest rates. In the event any applicable maximum rate is exceeded for any reason, a proportional amount will be refunded to you as necessary in order to eliminate the violation.
Release of Information.
This agreement will be governed by the laws of Nebraska and applicable federal laws. You consent to the jurisdiction and venue of any court located in the State of Nebraska if we are required to bring any legal proceeding pertaining to this agreement. If any part of this agreement becomes unenforceable, it will not make any other part unenforceable.
Account rewards are based on cycle to date activity, not including cash advances. Rewards are earned 1 point per dollar charged. Rewards points redemption value is $0.01 per 1 point. All earned rewards points will expire two years from the date earned. You will be responsible for claiming any earned rewards. The master account must be current at the time of points redemption to be able to claim rewards.
This agreement shall be binding upon your successors, administrators, and personal representatives. Your use of any card requested indicates you agree to be bound by the terms and conditions of this agreement.
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