EFTA00186332¶
Visa Business Card Regula ns¶
PALM BEACH NATIONAL BANK & TRUST COMPANY¶
3931 RCA Blvd Suite 3102¶
Palm Beach Gardens, FL 33410¶
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Agreement. These regulations govern the possession and use of VISA Business Cards (“card”) issued by Palm Beach National Bank & Trust Co. (“Issuer”). Each party that applies for a VISA Business Card is referred to in these regulations as a Holder. Issuer shall establish an account for each person designated by Holder as an authorized user (“Authorized User”). Holder consents and agrees to these regulations and to the terms contained on the cards, any sales drafts, credit adjustment memos or cash advance drafts signed by or given to Holder or any Authorized User. The provisions of these regulations, as they may be amended from time to time as provided in these regulations, govern Holder’s obligations, notwithstanding any additional or different terms contained in the cards, sales drafts, credit adjustment memos and cash advance drafts or any other documents evidencing an account transaction. Holder authorizes an investigation of its credit standing prior to the issuance of cards and at any time thereafter, and authorizes disclosure of information to third parties relating to its credit standing. If Holder or Authorized User requests any VISA Business Card services, Holder or Authorized User consents to the release of Holder’s or Authorized User’s personal data to VISA USA, Inc. and its member financial institutions and/or their respective contractors for the purposes of providing such services.
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Membership. A non-refundable annual membership fee of N/A will be assessed per card. Holder represents that cards will be used exclusively for business purposes and not for personal, family, household or agricultural purposes.
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Use of Card. Credit for purchases from a merchant or cash advances from a participating financial institution may be obtained by presenting the card to the merchant or participating financial institution, and, if requested, by providing the proper identifying information and signing the appropriate drafts. Failure to sign a draft does not relieve the Holder of liability for purchases made or cash received. The card may also be used to obtain cash advances from certain automated equipment provided it is used with the correct personal identification number (“PIN”). The amount and frequency of cash withdrawals and purchases may be limited. Except as provided below with respect to Holder’s liability for unauthorized use where Issuer has issued ten (10) or more cards at Holder’s request, Holder will be liable up to a maximum of $50.00 for the unauthorized use of a card or PIN issued at Holder’s request for charges that occur before Issuer receives notification orally or in writing of loss, theft or possible unauthorized use of a card or PIN. If Issuer has issued ten (10) or more cards at Holder’s request, Holder will be liable for any and all unauthorized use of a card. Unauthorized use is any use by an individual other than an Authorized User if without the knowledge or consent of the Holder. Any use of the card or PIN by an Authorized User, or by any other with the knowledge or consent of the Authorized User, or Holder, is authorized use. Lost or stolen cards or PINs should be reported immediately to Issuer by notifying BankCard Center, P.O. Box 1111, Madison, WI 53701-1111, Telephone or 1-
The Undersigned Holder aₙ is to the following terms and conditions:¶
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Credit Line. Holder will from time to time be informed of the amount of the approved credit line under each account established for Holder, and Holder covenants not to make, authorize or allow credit purchases or borrowings in excess of the amount. However, notwithstanding such credit line, Holder is liable for all purchases and borrowings made with its cards by it or by anyone authorized to use the cards.
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Payment. Holder will be furnished at the address identified by Holder, a monthly statement for each account for each billing period at the end of which there is an undisputed debit or credit balance of $1.00 or more. The full amount billed (“New Balance”) is due on demand. If Issuer does not demand payment of the New Balance on the monthly billing statement., either (a) the New Balance or, (b) a Minimum Payment of the greater of $20 or 5 % of the New Balance, shall be paid within 25 days after the Closing Date of that billing statement. Payments must be made at BankCard Center, Milwaukee, Wisconsin, 53288-0200. Payments made at any other location may cause delay in crediting the account. Payments received after 2:00 P.M. on any Monday through Friday, but excluding federal legal holidays, or at any time on any non-banking day will be considered as payments made on the following banking day. All payments will be applied first to interest, second to additional fees, if any, in the order of their entry to the account, third to previously billed cash advances, purchases and other similar charges in the order of their entry to the account, and then to current cash advances, purchases and other similar charges in the order of their entry to the account.
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Finance Charges. Interest shall accrue on each account as shown on the monthly statements, for each billing period in which there is a cash advance or the Previous Balance is not paid in full prior to the Closing Date of the billing statement. Interest is computed by applying the monthly periodic rate of 1.208% (ANNUAL PERCENTAGE RATE OF 14.5%) to the average daily balance of the account. To get the average daily balance, we take the beginning balance of the account each day, add any new cash advances, credit purchases and other charges, and subtract any payments or credits, unpaid late charges, unpaid membership fees and other unpaid fees. This gives us the daily balance.
Dated this 7 day of May, 2002¶
JEGE INC.¶
Name of Holder (Name of Corporation, Partnership, Proprietorship)¶
By: ___¶
Authorized Signature¶
Title¶
Then, we add up all of the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the average daily balance. Interest accrues on credit purchases beginning on the date the purchase is posted to the account unless the Previous Balance shown on the statement is paid in full prior to the Closing Date of the statement. Credit purchases made during the statement period and the Previous Balance will be excluded from the calculation of average daily balance if the Previous Balance shown on the front of the statement is paid in full prior to the Closing Date. Interest on cash advances begins to accrue on the date the advance is posted to the account. Additional interest on an account may be avoided by paying in full the New Balance shown on the account’s monthly statement within 25 days after the Closing Date for that statement.¶
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Additional Fees. Each account shall be subject to the following additional fees: (1) $25 late charge if any minimum payment is not paid in full on or before the due date shown on the monthly statement issued immediately after the monthly statement on which the unpaid minimum payment first appears; (2) $10 for each cash advance; (3) $5 for replacement of a card; and (4) reasonable charges according to the then current fee schedule for additional copies of monthly statements, drafts and receipts requested. Fees imposed will be posted to the account.
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Foreign Transactions. If a Holder’s card is used to effect a transaction in a foreign currency, the transaction amount will be converted to U.S. dollars by VISA International. VISA converts foreign currency to U.S. dollars using either the government mandated exchange rate or the wholesale exchange rate, in effect one day before the date of the conversion, as applicable. The exchange rate is increased by 1% if the conversions made in connection with a charge to an account and decreased by 1% if the conversion is made in connection with a credit to an account. The date of conversion by VISA may differ from the purchase date and the posting date identified in the monthly statement for the account. Holder agrees to pay charges and accept credits for the converted transaction amounts in accordance with the terms of this paragraph.
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Disputes. Issuer is not responsible for refusal by any merchant, financial institution or automated equipment to honor or accept a card. Issuer has no responsibility for merchandise or services obtained with a card and any dispute concerning merchandise or services will be independently settled by Holder with the merchant concerned.
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Default. Holder covenants to observe and comply with these regulations and not to permit an event of default to occur. Holder further covenants not to take any action or permit any event to occur which materially impairs Holder’s ability to pay when due. Upon the occurrence of any one or more of the following events of default; (a) Holder fails to pay at least the Minimum Payment when due; (b) Holder dies, ceases to exist, changes residency to another state, becomes insolvent or the subject of bankruptcy or insolvency proceedings; (c) Holder fails to observe any covenant or duty contained in these regulations; (d) any item in any financial statement delivered by Holder to Issuer 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 Holder’s account shall, at Issuer’s option become immediately due and payable. Holder agrees to pay all costs of collection before and after judgment, including reasonable attorneys’ fees (including those incurred in successful defense or settlement of any counterclaim brought by Holder or incident to any action or proceeding involving Holder brought pursuant to the United States Bankruptcy Code).
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Right of Setoff. Issuer has the right of setoff against any deposit account Holder maintains with Issuer to satisfy any obligations of Holder to Issuer.
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Termination. Holder’s consent to these regulations may be terminated at any time by surrendering the cards issued to Holder or at Holder’s request, but such termination shall not affect Holder’s obligations as to any balances or charges outstanding at the time of termination. Termination by any Holder shall be binding on each Authorized User. Unless sooner terminated, the privilege to use the cards shall expire on the date shown on the cards. At any time, without liability to Holder and without affecting Holder’s liability for credit previously extended, Holder’s privileges to use the cards may be revoked or limited by Issuer to the extent not prohibited by law. The cards are and shall remain the property of Issuer and Holder agrees to surrender them to Issuer upon demand. Holder agrees to notify Issuer immediately of any cancellation of an Authorized User’s charging privileges. Holder shall return to Issuer any cards issued to Authorized Users whose privileges have been terminated.
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Amendments. Issuer may amend these regulations and may amend the charge terms from time to time and will mail to Holder at Holder’s last known address as shown on the records of Issuer written notice of any such change not less than 15 days prior to its effective date, or as otherwise required by law. Invalidity of any provision of these regulations shall not affect the validity of any other provisions.
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Governing Law. Holder agrees to be governed by Florida law with respect to all aspects of the transactions arising under these regulations.
FORM# 990004 REVISED 0899¶