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How We
Calculate Your Balance Subject to Interest Rate: We use a
method called “Daily Balance (Including Current Transactions).” See your
account agreement for more details.
Billing Rights:
Information
on your rights to dispute transactions and how to exercise those rights is
provided in your account agreement.
CARDHOLDER
AGREEMENT
This
Cardholder Agreement contains the general terms and conditions that will
govern your credit card account (the “Account”), and the credit card we issue
for Account access (the “Card”), if we approve your application for an
Account. The Account application you signed or otherwise submitted to us
(including its federal and state notices), and any amendment to this
Cardholder Agreement, are part of and incorporated into this Cardholder
Agreement by reference (together, our “Agreement” with you).
In this
Agreement, the words "you" and "your" mean each applicant
(as an individual) and all applicants (as a group) shown on the Account
application. The words "we," "us," and "our,"
mean The Bank of Missouri, the financial institution that provides the
Account and issues the Cards, and its assigns and successors. You accept
and agree to be bound by all terms and conditions in this Agreement,
including its arbitration provision, the first time any of you use your
Account; however, you have the right to opt-out of the arbitration provision
(Section 24) within 30 days of the date this account is opened, as set
forth in Section 24(A).
Oral
agreements or commitments to loan money, extend credit or to forbear from
enforcing repayment of a debt, including promises to extend or review such
debt, are not enforceable. To protect you (borrower(s)) and us (creditor)
from misunderstanding or disappointment, this agreement is the complete and
exclusive statement of the agreement between us, except as we may later agree
in writing to modify it.
1. USE OF
CARD: Subject to the terms and conditions in the Agreement, you may use
your Account to purchase goods and services wherever the card is honored.
2. PROHIBITED
USES.
You may not use your Card outside the United States, or to make a charge in a
foreign currency. The Card may not be used for
any illegal transactions. The Card may not be used for online gambling
transactions. If you use, or allow someone else to use your Card or Account
for any prohibited purpose, you will be responsible for such use and may be
required to reimburse us for all amounts or expenses we pay as a result of
such use.
3. ACCOUNT
BILLING STATEMENTS AND NOTICES; ADDRESS ON FILE: If you have a
credit or debit balance on the Account of $1 or more at the end of any
billing period, we will send a periodic Account statement (a “bill”) showing
what you owe us as of the end of that billing period. We may not send you a
bill, however, if we have decided your Account is uncollectible, if we have
sent the Account for collection proceedings against you, or if the law does
not require or permit us to send the bill. You agree to examine each bill and
notify us immediately of any item you may dispute. The billing error rights
notice in this Agreement and on your bills provides more information about
how you may notify us about any disputed items or billing errors. We will
mail or deliver your bill only to one address.
Your address
on file is the address you provided in your Account application, unless: (a)
we have received and processed a notice of a change in address that you
provided in accordance with this Agreement or your most recent bill; or (b)
we are notified by the U.S. Postal Service of an address correction for you
and we decide, in good faith, to rely on the address correction notice we
receive from the Postal Service. You agree to notify us immediately of any
change in your mailing address, telephone numbers, or other contact information,
such as your email addresses.
4. AUTHORIZED
USERS AND AUTHORIZED CHARGES: If you give your Card or Account number to
another person, he or she is an authorized user. An authorized charge is any
charge you or any authorized user makes on the Account, and any fees and
interest charges owing on the Account. Any charge made by an authorized user
is an authorized charge. This is true even if you told the authorized user
not to make that specific charge. A charge will still be authorized, even if
it causes your Account to exceed its credit limit, is an illegal transaction,
or is made after your Account is closed. An authorized charge can be made
over the telephone, in person, on the Internet, or in any other way your
Account can be used.
5. PAYMENTS
A. Promise
to Pay: You agree to pay all authorized charges on each bill,
including interest and fees. You agree to pay us for any charges that we
allow over your Account credit limit. You promise to pay at least the minimum
payment by the due date shown on each bill.
B. Payment
Due Date; Payment Requirements: Each bill states the time and manner
by which you must make your payment for it to be credited as of the same day
it is received. For your payment to be considered on time, we must receive it
in such time and manner by the due date shown on your bill. If we do not
receive or accept payments by mail on the due date, your payment will be on
time if it is received by the next day that we accept or receive payments by
mail.
You must pay
in U.S. dollars. You must not pay in cash. Your payment must be drawn on a
U.S. deposit account or by a cashier’s check drawn on a U.S. bank or a
foreign bank branch in the U.S. No payment shall operate as an accord and
satisfaction without our prior written approval. If you are attempting to
pay your account in full, please contact us to receive a payoff amount. If
you make payments in a paper form (such as check, money order, or cashier’s
check), please include the payment coupon from your bill or write your
Account number on the payment. If we decide, in our discretion, or to comply
with applicable law, to accept a form of payment that does not meet these
payment instructions, you agree that we are not waiving our right to require
you to make or continue making payments that comply with these instructions
and that are otherwise required by the Agreement, to the extent permitted by
applicable law. Failure to submit payment as described in this section may
result in a delay in any potential increase in the credit available to you. To
the extent permitted by applicable law, in our discretion, we may implement a
delay between the date on which we receive your payment and the date on which
the credit available on your Account is increased by the amount of any
payment to mitigate the risk of fraud.
You can also
make a payment or set up automatic payments by calling 1-877-486-3442.
Automatic payments for the billing period shown on your statement will be
deducted on the Payment Due Date shown on that statement, or the next
automatic payment date referred to on your statement, unless you request a
recurring payment date that occurs before your Payment Due Date. If your
scheduled payment date falls on a Sunday or bank holiday, your payment may be
processed the business day prior to the weekend or bank holiday.
C. Minimum
Payment: Your bill will state your due date and the minimum amount
you must pay by that due date (your “minimum payment” or the “minimum payment
due” in this Agreement and on your bill). If you do not pay the minimum
payment by its due date, we may charge you a late payment fee. You will also
be in breach of this Agreement. You may pay all or part of your Account
balance at any time. However, for each bill, you must pay at least the
minimum payment by the due date stated on the bill.
We calculate
your minimum payment in the following manner: At the end of the billing
period covered by the bill, we start by determining the amount that is the
greater of:
(i) the full
unpaid balance of your Account at the end of the billing cycle (the “New
Balance”), if this New Balance is less than $45.00;
(ii) $45.00,
if the New Balance is at least $45.00:
(iii) 5% of
your outstanding balance at the end of a billing cycle
(iv) the sum
of 1.0% of the New Balance, plus all interest charges, late payment fees, and
returned payment fees then due for the Account. Then, we determine whether
there are any Account payments that are past due or balances that exceed the
credit limit of your Account. Finally, we calculate your minimum payment due
by adding together all the amounts described in 5C and rounding the result up
to the nearest whole dollar. If you pay more than the minimum payment due
after the end of any billing period, you must still pay at least the minimum
payment due after the end of each billing period after that.
D. Payment
Allocation: Except where otherwise required by applicable law, we
will apply payments first to unpaid interest, fees and then to other charges.
in the order in which they are posted to your Account and finally to Purchase
transactions in the order in which they are posted to your Account.
6. INTEREST
RATES AND INTEREST CHARGES:
A. Variable
APRs: Your Account APR is not variable. Variable APRs increase or
decrease based on changes in the Prime Rate.
B. Standard
APR: Currently, the standard APR of 35.99% applies to your Account.
We divide the APR by 365 to get the “Daily Periodic Rate” of 0.098603%.
C. Use
of Daily Balance Method with Compounding: When calculating the
interest charge on your account, we first calculate the “Daily Balance by
starting with the beginning amount of that balance for each day. We add any
new purchases and Account fees for that day, add any interest on the previous
Daily Balance if there is one in that billing period, and subtract any
payments or credits. Then, we multiply this amount by the Daily Periodic
Rate. This gives us the “Daily Balance Interest.” The addition of the prior
day’s interest to
the Daily Balance calculation causes interest to compound daily. We add all
Account fees and minimum interest charges to the Daily Balance of purchases
subject to the standard APR. Any Daily Balance that is less than zero will be
treated as zero. Each “Balance Subject to Interest Rate” shown on your bill
will be an average of the daily balances during the billing period for that
balance.
At the end of
the billing cycle, we add together the Daily Balance Interest amounts which
will equal the total interest charge.
D. When
Interest Charges Begin; Grace Period: The “New Balance” of your
Account is the full unpaid balance of your Account that is outstanding as of
the end of each billing period covered by each bill. As long as you continue
to pay the New Balance every month by the due date listed on your bill, there
will be a grace period on your Account purchases and we will not charge
interest on those purchases. If you do not pay by the due date the New
Balance that is outstanding as of the end of a given billing period, there
will be no grace period. After the end of each billing period in which you do
not pay by the due date the New Balance that is outstanding, all charges will
accrue interest from the date they were made. To take advantage of the grace
period again, you must pay your New Balance in full, make no new purchases,
and pay on time for as much as two billing periods in a row.
E. Minimum
Interest Charges: If you are charged interest in any billing cycle,
it will be no less than $2.00.
7. FEES:
A. Annual
Fee: Following your Account open date, we will charge a $79.00 annual
fee to your Account in the first billing period. Thereafter, you will be
charged this annual fee on or about the anniversary of your Account open date
(your “Anniversary Date”), so long as your Account has an unpaid balance or
remains open for new purchases. We will notify you about this annual fee
before each Anniversary Date. Our notice will explain when and how you may
close your Account to future purchases and pay the full unpaid balance, if
you do not want to be charged this annual fee on an Anniversary Date.
B.
Returned Payment Fee: If your payment cannot be honored for
any reason, we will charge up to a $30.00 returned payment fee to your
Account. If your payments are returned unpaid more than once during any
six-month period, we will charge up to a $41.00 returned payment fee to your
Account. After that, your returned payment fee will not return to $30.00
until you make Account payments required by the Agreement that are paid in
full for six consecutive months .The returned payment fee will not exceed the
minimum payment amount for the billing cycle in which it is assessed.
C.
Late Payment Fee: If you do not pay at least the minimum
payment due by its due date, we will charge a $30.00 late payment fee to your
Account. If you do not pay the minimum payments due by their due dates more
than once during any six-month period, we will charge a $41.00 late payment
fee to your Account. After that, your late payment fee will not return to $30.00,
until you make at least the minimum payment due by its due date for six
consecutive months. The
late payment fee will not exceed the minimum payment amount for the billing
cycle in which it is assessed.
D. Additional
Account Fees: We may charge additional fees to your Account for
certain services that you may request in connection with your Account. These
fees include, but are not limited to, the following: a $5.00 fee to issue a
replacement Card and a $15.00 expedited service fee each time you request
expedited assistance from us for reasons other than completing an Account
payment (for example, to request an Account balance or payoff letter from us
within three business days). You may contact us at 877-486-3442 at any time
with questions about these and other Account services, or to request a
schedule of other Account fees that we may require for particular services
that are not listed here.
8. CREDIT
LIMIT: We will establish a credit limit for your Account. We may
increase or decrease your Credit Line without notice. We may delay increasing
your available credit by the amount of any payment that we receive for up to
14 days. You
agree that you will not use or permit others to use your Account to obtain
credit if it would cause the outstanding balance of your Account to exceed
its credit limit. However, we may, at our option, without waiving any of our
rights, permit charges to your Account, even if those charges would cause
your outstanding Account balance to exceed its credit limit. We will not
assess a fee if we elect to honor charges that cause your Account to exceed
its credit limit.
9. DEFAULT, ENTIRE
BALANCE DUE: You will be considered to be in default if you break your
promises under this Agreement, if you pass away, if you become the subject of
bankruptcy or insolvency proceedings, supply us with false or misleading
information or fail to supply us with information as required by this
agreement, exceed your credit limit, or issue a payment returned unpaid by
your bank for any reason. You understand and agree that we may demand that
you pay the entire outstanding balance of your Account at once, subject to
any legally required notices and limitations of applicable law if you are in
default.
10. COLLECTION
COSTS: To the extent permitted by law, you promise to pay all the costs
we incur to collect your Account, including reasonable and allowable
attorney’s fees.
11. NOTICES,
CHANGES OF ACCOUNT INFORMATION, AND METHODS OF CONTACT: If we need to
contact you about your account, you authorize us (and our affiliates, agents, and contractors) to contact you
at any number (i) you have provided to us, (ii) from which you called us, or
(iii) at which we believe we can contact you. We may obtain address
corrections from the U.S. Postal Service and other address information from
third party sources, and telephone numbers and other contact information from
third party sources. You also authorize us to send
emails to an email address at which we have reason
to believe you can be reached.
You consent to us, as well as any other owner or servicer of your account,
contacting you through any channel of communication and for any purpose, as
permitted by applicable law. For informational, servicing or collection
related communications, you agree that we may use the phone numbers that you
provide to us, or numbers from which you called us, to contact your cellular
phone or wireless device with text messages, artificial or prerecorded voice
calls, and calls made by an automatic telephone dialing system. This consent
applies even if you are charged for the call
under your phone
plan. You are responsible for any charges that may be billed to you by your communications carriers when we contact you.
In addition,
you authorize your wireless carrier (AT&T, Sprint, T-Mobile, US Cellular,
Verizon, or any other branded wireless operator) to disclose to Vive
Financial, LLC and its third-party service providers your mobile number,
network status, customer type, customers role, billing type, mobile device
identifier (IMSI and IMEI) and other subscriber status and device details, if
available, solely to verify your identity and prevent fraud for the duration
of the relationship. See our Privacy Policy for how we treat your data.
12. TELEPHONE
MONITORING: You
agree that we (and our affiliates, agents, and contractors) may monitor or record any calls between you and us.
13. INVALIDITY:
If one or more provisions of the Agreement are declared invalid or
unenforceable by a court or arbitrator with jurisdiction, you and we agree
that the remaining conditions and terms will not be affected.
14. NO WAIVER.
We will not lose our rights under this Agreement because we delay or do not
enforce them.
15. CHANGING
OUR AGREEMENT: We may change the terms of this Agreement. If required by
applicable law, we will give you advance written notice of the change(s) and
the right to reject the change(s).
16. CREDIT REPORTS:
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. Tell us if you think we reported wrong information about you
to a credit bureau. Write to us at Vive Financial, P.O. Box 708670, Sandy, UT
84070. Tell us what information is wrong and why you think it is wrong. If
you have a copy of the credit report that includes the wrong information,
send us a copy.
We may also
request your credit report in connection with a credit extension, credit
limit increase, account renewal or update, collection activity, or dispute
investigations.
17. ASSIGNMENT:
We have the right to assign and transfer any amounts you owe us in connection
with the Account and any of our rights under this Agreement. We assign this
Agreement if we sell or pass to a third party any or all our rights or
obligations under the Agreement, including any amount that you owe under the
Agreement. Depending on what we may assign, any party to which we assign this
Agreement will enjoy all our rights under the Agreement, including the
contractual rights to collect amounts you owe on the Account. You cannot
assign or transfer this Agreement or any of your rights or duties to anyone
else.
18. LOST OR
STOLEN; LIABILITY FOR UNAUTHORIZED USE: If you notice the loss or theft
of your Card or a possible unauthorized use of your Card, you should call us
immediately at 877-486-3442 or write us at Vive Financial, P.O. Box 708670,
Sandy, UT 84070. You will not be liable for any unauthorized use that occurs
after you notify us. You may, however, be liable for unauthorized use that
occurs before your notice to us. In any case, your liability will not exceed
$50. Under MasterCard Rules, your liability for unauthorized MasterCard
transactions on your Account is $0 if you notify us within two (2) business
days and you exercise reasonable care in safeguarding your Card from loss,
theft or unauthorized use. This reduced liability does not apply if a PIN is
used as the method of verification for a disputed transaction or you have
reported two (2) or more incidents of unauthorized use in the immediately
preceding twelve (12) month period.
19. RESPONSIBILITY
FOR GOODS OR SERVICES: We are not responsible for goods or services you
purchase using your Account except to the extent required by applicable law.
20. REFUNDS
FOR GOODS OR SERVICES: Refunds for goods and services are governed by
Participant. Any refunds for goods or services purchased from a Participant
through an extension of credit on your Account will be issued as a credit
adjustment to your Account.
21. CANCELLATION:
We
may cancel, suspend, or not renew your Account at any time without notice.
Specifically, inactivity for 12 months may result in cancellation. If
cancelled, you promise to destroy all Cards immediately. We may terminate or
modify all or any part of your Card privileges at any time. You have the
right to close your Account to future purchases at any time, if you send a written
cancellation notice to:
Vive Financial, P.O. Box 708670, Sandy,
UT 84070 or call us at
877-486-3442. Even if you close
your Account to future purchases, you must pay all outstanding amounts on the Account and your
Account will remain subject to interest and fees as provided in this
Agreement until it is paid in full.
22. INFORMATION
SHARING: You authorize us to share information about you as permitted by
law. This includes information we get from you and others. It also includes
information about your transactions with us. Please see our Privacy Notice
for details about our information sharing practices.
23. GOVERNING LAW: This
Agreement and all transactions under it will be governed by the laws of the
State of Missouri “pursuant to MSA § 408.145,” which are expressly adopted to
control all Account transactions, without regard to choice-of-law principles.
24. ARBITRATION:
PLEASE READ THIS SECTION (the “Arbitration Agreement”) CAREFULLY. IT
REQUIRES ALL CLAIMS BETWEEN
YOU AND US TO BE RESOLVED BY BINDING ARBITRATION WHENEVER YOU OR WE CHOOSE TO
SUBMIT A CLAIM TO ARBITRATION. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU
WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY (EXCEPT
FOR MATTERS THAT MAY BE TAKEN TO A SMALL CLAIMS COURT) AND TO BRING OR
PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION.
A. Agreement to
Arbitrate:
Unless you reject this Arbitration Agreement in accordance with this section,
either
you or we may elect, without the consent of the other, to arbitrate any Claim
(as defined below) through the binding arbitration process set forth in this
Arbitration Agreement. For purposes of this Arbitration Agreement, “we,”
“our,” “us” includes The
Bank of Missouri, and its employees, officers, directors, parents, agents,
controlling persons, subsidiaries, affiliates, predecessors, acquired
entities, successors, and assigns, Vive Financial and its employees,
officers, directors, parents, agents, controlling persons, subsidiaries,
affiliates, predecessors, acquired entities, successors, and assigns, and dealers/merchants/retailers
that accept the card or program sponsors. If you do not want this Arbitration
Agreement to apply, you may reject it within thirty (30) days of the date
this account is opened. Rejection may be achieved only by delivering to Vive
Financial at 380 Data Drive, Suite 200, Draper, UT 84020, Attn: Arbitration
Opt-Out, a written and signed rejection notice which: (1) provides your name
and address; and (2) states that you are rejecting the Arbitration Agreement.
If you want proof that you sent such a notice, you should send the rejection
notice by “certified mail, return receipt requested.” If you do, Vive
Financial will reimburse you for the postage upon your request. Nobody else
can reject arbitration for you (except an attorney at law that you have
personally retained); this is the only way you can reject arbitration. Your
rejection of arbitration will not affect your right to use your account.
B. Claims
Covered by Arbitration. “Claims” subject to this Arbitration
Agreement include all of the following: (1) claims arising out of or related
to this Agreement, including but not limited to claims between you, or any other
user of your Account, and us; (2) claims arising out of or related to
any aspect of any relationship between you, or any other user of your
Account,
and us that are governed by this Agreement; (3) claims arising out of or
related to your Account, the Card, or any services provided to you, or any other
user of your Account, under this Agreement; and (4) claims related to
the interpretation, scope, applicability, or enforceability of this Agreement
or Arbitration Agreement (with one exception identified in the “Public
Injunctive Relief Requests” section). Claims are
subject to arbitration whether they are based in contract, tort, federal or
state statute, constitution, regulation, or any other legal theory, or whether
they seek legal or equitable remedies. All Claims are subject to arbitration
whether they arose in the past, may currently exist, or may arise in the
future. Claims include claims or disputes that arose before the parties
entered into this Agreement (such as claims related to advertising) or after
termination of this Agreement or after your Account is closed. Claims
include initial claims, counterclaims, cross-claims, and third party claims.
C. Claims
Not Covered by Arbitration. Claims filed by you or by us in a small
claims court are not subject to arbitration, so long as the dispute remains
in such court and advances only an individual claim for relief. The “Class and Representative Action Waiver”
and “Public Injunctive Relief Waiver” sections below set forth
additional claims not subject to arbitration. Further, this Arbitration
Agreement shall not apply to covered borrowers as defined in the Military
Lending Act, 10 U.S.C. § 987.
D. Jury
Waiver and Limitation of Rights. You and we agree that, by entering into this
Arbitration Agreement, the parties are each waiving the right to a trial by
jury or a trial before a judge in court (except for matters that may be taken
to a small claims court). You and we acknowledge that arbitration will limit
our legal rights, including the right to participate in a class
action, the right to a jury trial, the right to conduct full discovery, and
the right to appeal.
F. Class
and Representative Action Waiver. YOU AND WE AGREE THAT EACH PARTY TO
THIS ARBITRATION AGREEMENT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no
authority to conduct any class, private attorney general or other
representative proceeding. This paragraph does not apply to requests for
public injunctive relief, which are addressed in the paragraph entitled
“Public Injunctive Relief Requests.”
G. Public
Injunctive Relief Requests. If you or we seek public injunctive
relief as a remedy for any Claim (a “Public Injunctive Relief Request”) you
and we agree that Public Injunctive Relief Request cannot be arbitrated.
Instead, that Public Injunctive Relief Request shall be adjudicated by a
court after all other Claims to be decided in arbitration under this
Arbitration Agreement are resolved in arbitration, including all causes of
action pursuant to which a Public Injunctive Relief Request is made. You and
we agree to jointly request that the court stay the Public Injunctive Relief
Request until after the remaining Claims have been finally resolved in
arbitration, and that the parties will only seek to lift the stay and request
that the court resolve the Public Injunctive Relief Request if an arbitrator
finds that one of them is liable for a Claim for which public injunctive
relief is an available remedy. The validity, enforceability, and effect of
this section shall be determined exclusively by a court, and not by any
arbitration administrator or arbitrator.
H. Severability.
Notwithstanding any section in the Arbitration Agreement to the contrary, if
any section of this Arbitration Agreement (except for the “Class Action
and Representative Action Waiver”) is deemed invalid or unenforceable for
any reason, it shall not invalidate the remaining portions of this
Arbitration Agreement. However, if the “Class Action and Representative
Action Waiver” section is deemed invalid or unenforceable in whole or in
part, then this entire Arbitration Agreement shall be deemed invalid and
unenforceable.
25. NOTICE FOR ACTIVE DUTY
MILITARY MEMBERS AND THEIR DEPENDENTS: The following disclosures apply
to you if at the time your account is opened, you are a “covered borrower” as
defined in the Military Lending Act, which includes eligible active duty
members of the Armed Forces and their dependents:
1. The
provision in the Cardholder Agreement called “Arbitration” will not apply to
your Account
2. Federal law
provides important protections to members of the Armed Forces and their
dependents relating to extensions of consumer credit. In general, the cost of
consumer credit to a member of the Armed Forces and his or her dependent may
not exceed an Annual Percentage Rate of 36 percent. This rate must include, as
applicable to the credit transaction or account: the costs associated with
credit insurance premiums; fees for ancillary products sold in connection
with the credit transaction; any application fee charged (other than certain
application fees for specified credit transactions or accounts); and any
participation fee charged (other than certain participation fees for a credit
card account).
3. You can call
800-548-5545, select option 1, to hear the information in item 2 (above) and
a description of the payment obligation for your Account.
YOUR
BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
This notice
tells you about your rights and our responsibilities under the Fair Credit
Billing Act.
What to Do If
You Find a Mistake on Your Statement:
If you think
there is an error on your statement, write to us at: Vive Financial, P.O. Box
708970, Sandy, UT 84070.
In your
letter, give us the following information:
• Account
information: Your name and account number.
• Dollar
amount: The dollar amount of the suspected error.
• Description
of problem: If you think there is an error on your bill, describe what you
believe is wrong and why you believe it is a mistake.
You must
contact us:
• Within 60
days after the error appeared on your statement.
• At least three
business days before an automated payment is scheduled, if you want to stop
payment on the amount you think is wrong.
You must
notify us of any potential errors in writing. You may call us, but if
you do we are not required to investigate any potential errors and you may
have to pay the amount in question.
What Will Happen
After We Receive Your Letter
When we
receive your letter, we must do two things:
1. Within 30
days of receiving your letter, we must tell you that we received your letter.
We will also tell you if we have already corrected the error.
2. Within 90
days of receiving your letter, we must either correct the error or explain to
you why we believe the bill is correct.
While we
investigate whether there has been an error:
• We cannot try
to collect the amount in question, or report you as delinquent on that
amount.
• The charge
in question may remain on your statement, and we may continue to charge you
interest on that amount.
• While you do
not have to pay the amount in question, you are responsible for the remainder
of your balance.
• We can apply
any unpaid amount against your credit limit.
After we
finish our investigation, one of two things will happen:
1. If we
made a mistake: You will not have to pay the amount in question or any
interest or other fees related to that amount.
2. If we do
not believe there was a mistake: You must pay the amount in question,
along with applicable interest and fees. We will send you a statement of the
amount you owe and the date payment is due. We may then report you as
delinquent if you do not pay the amount we think you owe.
If you receive
our explanation but still believe your bill is wrong, you must write to us
within 10 days telling us that you still refuse to pay. If you do so, we
cannot report you as delinquent without also reporting that you are
questioning your bill. We must tell you the name of anyone to whom we
reported you as delinquent, and we must let those organizations know when the
matter has been settled between us. If we do not follow all the rules above,
you do not have to pay the first $50 of the amount you question even if your
bill is correct.
Your Rights If
You Are Dissatisfied with Your Credit Card Purchases
If you are
dissatisfied with the goods or services that you have purchased with your
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
purchase. To use this right, all the following must be true:
1. The
purchase must have been made in your home state or within 100 miles of your
current mailing address, and the purchase price must have been more than $50.
(Note: Neither of these are necessary if your purchase was based on an
advertisement we mailed to you, or if we own the company that sold you the
goods or services.)
2. You must
have used your credit card for the purchase.
3. You must
not yet have fully paid for the purchase. If all the criteria above are met
and you are still dissatisfied with the purchase, contact us in writing at:
Vive Financial, P.O. Box 708970, Sandy, UT 84070. While we investigate, the
same rules apply to the disputed amount as discussed above. After we finish
our investigation, we will tell you our decision. At that point, if we think
you owe an amount and you do not pay, we may report you as delinquent.
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