NOTICE TO THE BUYER: We reserve the right to amend the terms of this Agreement at any time, as further described in Section 31. You may at any time pay your total indebtedness under this credit agreement.
1. DEFINITIONS USED IN THIS AGREEMENT
"Account" means this open-end revolving line of credit account established pursuant to this Agreement. Charges are posted to the Account from the use of a Card. Information from the Card, or any other device or procedure by which the Account can be accessed. "Applicable State Law" means the law of the state of Pennsylvania, the location of the home office of the Issuer. "Application" means the oral, written or electronically submitted application for credit you completed to request that we extend credit to you under the Account and issue you a card based on information you supplied and on which we relied. The Application is not evidence of your indebtedness. You are responsible for the representations made in the Application and for repayment of the credit provided to you. "Authorized User," means any person you permit to use your Account or who has apparent authority to do so. "Business Days" means days of the week excluding Saturdays, Sundays and holidays. "Card" means the Credit Card or Cards for which you applied by which the Account can be accessed. "Company" means the person or entity for whom the Account is being opened. "Guarantor" means the individual who unconditionally guarantees, or promises to pay the amounts due on your account even if no demand for payment is first made to you. "Holder", "you" or "your" means the Company and Guarantor, jointly and severally. "Issuer", "bank", "we" or "us" means Landmark Community Bank with its home office in Pittston, Pennsylvania. "Balance" or "Total Balance" means the total sums due and owing as of your newest Statement for the current billing cycle, including any balance that remains outstanding from your previous Statement (and corresponding billing cycle), including outstanding interest accrued and late charges, if any, plus Purchases and/or Cash Advances made on your Account during the current billing cycle. "Payment Due Date" is the date reflected in your Statement in which the minimum payment shown on your Statement is due.
This Visa Business Cardholder Agreement applies to the credit card you selected and requested in the Application. The card is issued by us and is subject to the terms of this Agreement and remain our property. The Card(s) is nontransferable and must be returned or surrendered on our request. The Card(s) can be cancelled as well as repossessed by us and the privileges thereof revoked at any time without prior notice. The Company and Guarantor, jointly and severally, agree to the terms of this Agreement. Retaining, signing, using or permitting others to use the Card is the equivalent of signing this Agreement. You acknowledge that you received a copy of this Agreement and all required disclosures before the first transaction under this Account. You understand that all terms of the Account stated on any insert or other writing submitted to you as terms of the Account as such terms may be amended, supplemented or substituted from time to time, are expressly incorporated by reference into this Agreement and are part of this Agreement as if fully stated herein.
2. OTHER TERMINOLOGY USED IN THIS AGREEMENT
We will use definitions described under the section heading Definitions used in this Agreement or as otherwise defined in this Agreement.
3. LIABILITY FOR USE OF THE CARD
You represent that your account will be used exclusively for business, commercial, agricultural or organizational purposes and not for personal, family or household purposes.
By signing, keeping or using your card or account, you agree to the terms and conditions of this Agreement. You may obtain credit in the form of Purchases, Cash Advances, and Balance Transfers by using your card, your account number, checks, or other credit devices. You must not allow anyone else access to your card or the account number of your account unless you authorize him or her to obtain credit under your account. Except to the extent prohibited by applicable law, all credit obtained under your account by anyone you allow to use your card or the account number of your account will be covered by this Agreement as though you had obtained it. Consequently, you will be responsible for repayment of the debt.
Credit may be obtained under your account by presenting your card, or giving the account number of your account by mail, telephone, or computer or in some other way, to buy or lease goods or services or to obtain credit in any other way that the Visa® network treats as a purchase transaction. You agree to our acquiring the right to be paid the indebtedness resulting from the credit.
5. CASH ADVANCES
Credit may be obtained under your account by, (a) presenting your card at any financial institution that honors your card, (b) using your card, together with the personal identification number for your card, at any electronic banking facility that honors your card, or (c) obtaining any other credit that the Visa® network treats as a cash advance transaction (for example, a transaction with an entity that sells currency or provides money orders or wire transfers). You agree to our acquiring the right to be paid the indebtedness resulting from the credit.
6. BALANCE TRANSFERS
Credit may be obtained under your account by transferring balances from other accounts or loans from other credit card companies, other lenders, or from another financial institution. You are not authorized to transfer balances to this account from other accounts or loans with us. If you request a balance transfer but do not have enough available credit, we may transfer only a part of the requested amount. You agree to our acquiring the right to be paid the indebtedness resulting from the credit.
7. POSSESSION OF CARDS
Each card issued by us for use with your account is and will remain our property. If we request you to do so, you must cut in half and return to us each card issued by us for use with your account. We or anyone acting for us may keep any card issued if it is used after your account has been canceled or suspended or after we have requested you to return it to us.
8. CREDIT LIMIT
Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change the credit limit for your account at any time.
9. CONVERSION OF FOREIGN TRANSACTIONS
When you make a transaction in a foreign currency the transaction will be converted to United States dollars by Visa® in accordance with operating or conversion procedures in effect at the time the transaction is processed. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date.
You agree to pay us the balance of your account, which includes all credit you obtain and all amounts of finance charges, fees, and other transactions charged to your account by you or anyone whom you authorize to use your Account. You may pay the balance in full at any time without any penalty or you may pay it in monthly installments. You must pay in United States dollars. Any check, or other nonelectronic item, or electronic transfer used to pay any amount payable under this Agreement must be drawn on a United States bank or on a United States branch of a foreign bank. Even if you specify otherwise, we may apply any payment we post to your account to items included in the balance of your account in any order we choose except to the extent that we are required by applicable law. Except to the extent required by applicable law, we will credit any payment we receive for application to the balance of your account as of the date received if the payment is (a) accompanied by a payment stub for your account, (b) meets the requirements specified on the payment stub, and (c) is received at the address shown on the payment stub. Credit for any other payment may be delayed up to five days.
11. MINIMUM PAYMENTS
You may pay the total outstanding balance at any time. Each billing cycle, you must pay at least the minimum payment shown on the statement by the payment due date shown on the statement. The minimum payment is the sum of all past due payments plus the current payment due. The minimum payment will not exceed the balance of your account at the end of the billing cycle. Paying more than the minimum payment will not relieve you of the obligation to pay any minimum payment for your account shown on any future statement for your account.
12. HOW TO AVOID PAYING INTEREST (GRACE PERIOD)
Your due date is at least 25 days after the close of each billing cycle. We will not charge you interest on Retail Purchases, Cash Advances and Balance Transfers if you pay your entire balance by the due date each month.
13. ANNUAL FEES
14. LATE PAYMENT FEES
You must pay a late payment fee of up to $25.00 if any minimum payment for your account remains unpaid for more than 10 days after the date it becomes due.
15. RETURNED PAYMENT FEES
You must pay a fee of up to $25.00 if a payment on your account is returned for insufficient funds or any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment).
16. FOREIGN TRANSACTION FEES
You must pay a Foreign Transaction fee of 2.00% of the U.S. Dollar amount of any foreign transaction as provided to us from Visa. These Foreign Transaction fees are finance charges.
17. TRANSACTION FEES FOR BALANCE TRANSFERS
18. CASH ADVANCE FEES
You must pay a fee of $5.00 or 3.00% of the total dollar amount being advanced, whichever is greater.
19. FINANCE CHARGES
Average Daily Balance Method (Excluding Current Transactions) We figure the interest charge on your account by applying the periodic rate to the "average daily balance" of your account. To get the "average daily balance" we take the beginning balance of your account each day and subtract [any unpaid interest or other finance charges and] any payments or credits. We do not add in any new purchases/advances/fees. This gives us the daily balance. Then, we add all the daily balances for the billing cycle together and divide the total by the number of days in the billing cycle. This gives us the "average daily balance."
20. ANNUAL PERCENTAGE RATE
An annual percentage rate (APR) is the cost of credit expressed as an annual rate. The APR on your Account is a variable rate based on the U.S. Prime Rate. The Prime Rate is the rate published in the Wall Street Journal on the 15th day of the preceding month. If the Prime Rate changes, the new APR will take effect on the first day of the billing cycle following the change. An increase in the Prime Rate will increase your applicable Monthly Periodic Rate (MPR) which may increase the finance charges on your Account and may increase the Minimum Payment. The annual percentage rate will not exceed the maximum rate allowed by applicable law.
21. MONTHLY PERIODIC RATE
The monthly periodic rate for any type of credit for any billing cycle will be 1/12 of the annual percentage rate for that type of credit for the billing cycle, carried to four decimal places with the last decimal rounded to the next higher decimal.
22. BILLING CYCLE
Your billing cycle ends each month on a closing date determined by us. Each billing cycle begins on the day after the closing date of the previous billing cycle. Each monthly statement reflects a single billing cycle.
23. NOTICES AND STATEMENTS
Any statement for your account that we send you or any notice or other communication concerning this Agreement, your account, or any credit extended by us that we send you may be sent in any way not prohibited by applicable law (including electronic mail). Except as otherwise provided in this Agreement or by applicable law, any notice that we send you will take effect when we send it. Any notice or other communication or document that you send us must be in writing and sent by mail or courier and will not take effect until we receive it and have a reasonable time to act on it.
You covenant to observe and comply with these regulations and not to permit an event of default to occur. You further covenant not to take any action or permit any event to occur which materially impairs your ability to pay when due. A default shall be deemed to have occurred if: (a) you fail to make payments when due on two occasions within any 12-month period; (b) you die; cease to exist, change residency or principal place of business to another state; become insolvent or the subject of bankruptcy or insolvency proceedings; (c) you fail to observe any covenant or duty contained in these regulations; (d) any item in any financial statement delivered by you to us is false in any material respect when given; or (e) the occurrence of default under any agreement securing the obligations hereunder; the full amount of your account shall, at our option become immediately due and payable upon demand without notice or demand of any kind. You agree to pay all costs of collection before and after judgment, including reasonable attorney fees (including those in successful defense or settlement of any counterclaim brought by you or incident to any action or proceeding involving you brought pursuant to the United States Bankruptcy Code).
25. BALANCE IMMEDIATELY DUE
Except to the extent prohibited by applicable law, we may declare the balance of your account immediately due without notifying you. If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection. Our failure to exercise any of our rights when you default does not mean we are unable to exercise those rights upon later default.
26. SUSPENSION OR CANCELLATION
Except to the extent prohibited by applicable law, we may suspend or otherwise terminate your right to use your account without notifying you that we are doing so. We may do this at any time and for any reason. You may cancel your account at any time by notifying us in writing that you are doing so. The cancellation will not take effect until we receive the notice and have a reasonable time to act on it. The notice must be sent to Landmark Community Bank at 2 S. Main Street, Pittston, PA 18640. If you cancel your account or learn that we have canceled it, you must stop using it, prohibit further use of it and cut in half and return to us any unexpired cards issued by us. Cancellation of your account by you or cancellation, suspension or other limitation of your account by us will not affect any of your obligations under this Agreement.
27. SECURITY INTEREST
Collateral securing your existing or future debts to us, if any, may also secure your account, except that any mortgage on your principal dwelling will not secure your account.
We will not be liable if anyone or any electronic banking facility fails to honor your account. Except to the extent required by applicable law, we will not be liable for any claim by you against anyone who honors your card or the account number of your account and you must resolve the claim directly with that person.
29. NOTICE OF UNAUTHORIZED USE
You must immediately notify us of any loss or theft of any card issued by us for use with your account or of any possible unauthorized use of your account.
30. SIGN YOUR CARD
You should sign your card before you use it.
31. CREDIT INFORMATION
We may investigate your credit record and obtain any credit report we believe appropriate in connection with any aspect of our dealings with your account (for example, considering whether to extend any credit under your account, to keep your account open, or when investigating any dispute concerning your account or taking collection action with respect to your account). We may furnish information concerning your account or any aspect of our dealings with your account to other creditors and credit reporting agencies.
32. CHANGES TO AGREEMENT
No change in this Agreement can be made except as provided in this section. Except to the extent prohibited by applicable law, we may change this Agreement or any aspect of your account at any time and apply the change to all or part of the balance of your account when the change takes effect. We will send you a notice of the change and its effective date.
33. GIVING UP OF RIGHTS BY YOU
You give up any right to require that we (a) demand that you pay any amount payable under this agreement, (b) notify you if any amount payable under this agreement is not paid by the date it becomes due, or (c) obtain a certificate stating that any amount payable under this agreement was not paid by the date it became due.
34. GIVING UP OF RIGHTS BY US
None of our rights with respect to your account can be given up by us except in a writing signed by us.
You may not transfer your account or any of your rights and obligations under this Agreement. Any transfer by you of your account or any of those rights and obligations will be void. We may transfer your account, any amount payable under this Agreement, and any of our rights and obligations with respect to your account to anyone else without notifying you or obtaining your consent.
36. PERMITTED ACTIONS BY US
We will not be obligated to take or liable for not taking any action that this Agreement or applicable law permits but does not require us to take. Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later.
If any part of this Agreement conflicts with applicable law, that law will control, and this Agreement will be considered changed to the extent necessary to comply with that law. If any part of this Agreement is determined by a court to be invalid, the rest of this Agreement will remain in effect.
38. REFUNDS OR ALLOWANCES
Any refund or allowance given in connection with any purchase will be given as a credit to your account rather than in cash.
39. CHANGES IN YOUR ADDRESS
We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address.
40. APPLICABLE LAW
This Agreement is entered into by us, and made, in the state of Pennsylvania, any credit extended by us under your account will be extended by us in Pennsylvania, and any payment under this Agreement will be accepted by us in Pennsylvania. To the extent allowed by federal law, any credit extended by us under your account will be extended by us under the authority of federal law. Regardless of where you live or where your account is used, any legal question concerning this Agreement, your account or any credit extended by us under your account will be decided in accordance with (a) to the extent applicable, federal law and (b) to the extent that federal law is inapplicable, Pennsylvania law without regard to the law of any other state or other jurisdiction.