SUNFLOWER BANK, N.A. VISA® CLASSIC CREDIT CARD
Sunflower Bank, N.A. VISA® CLASSIC Account-Opening Disclosure Statement
|Interest Rates and Interest Charges as of November 2018
|Annual Percentage Rate (APR) for Purchases
This APR will vary with the market based on the Prime Rate.*
|APR for Balance Transfers
This APR will vary with the market based on the Prime Rate.*
|APR for Cash Advances
This APR will vary with the market based on the Prime Rate.*
|Penalty APR and When It Applies
|Your due date is at least 25 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date.
|Minimum Interest Charge
|For Credit Card Tips from Consumer Financial Protection Bureau
|To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at www.consumerfinance.gov/learnmore
|• Balance Transfer
|• Cash Advances
||$10.00 or 3.0% of the amount advanced, whichever is greater
|• Foreign Transaction
||1.0% of the purchase amount
|• Late Payment
||Up to $19.00
|• Returned Payment
||Up to $25.00
|• Expedited Delivery Fee
|• Pay By Phone Fee
*The Prime Rate used to determine your APR is the rate published in the Wall Street Journal on the 1st day of the prior month.
How We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases)." See your Credit Card Account and Security Agreement for more details.
VISA® CLASSIC Credit Card Account Agreement
This Credit Card Account Agreement (“Agreement”) is the contract that governs the use of your Sunflower Bank, N.A. or First National 1870, a division of Sunflower Bank, N.A. VISA® CLASSIC Credit Card Account (“Account”). This Agreement contains the terms and conditions that bind the user(s) of the Account. The parties to this Agreement are Sunflower Bank, N.A., P.O. Box 800, Salina, Kansas 67402-0800 (“we”, “us”, and “our”) and each cardholder and authorized user on the Account, whether primary or joint (“you” and “your”). You accept the terms of this Agreement by opening or using your Account. Please read this Agreement carefully and save it for future reference.
: For purposes of this Agreement, the following terms have the meanings specified below:
- Billing Cycle: The interval between statements. Each statement shows a closing date. The statement closing date is the last day of the Billing Cycle for that statement.
- Card: The credit card we may issue to use your Account.
- Convenience Check: The check we may issue to access your Credit Limit. It is located on your statement.
- Important Terms of Your Credit Card Account: A summary of your Account’s Annual Percentage Rates (“APR(s)”), fees and other important information as set forth in the Sunflower Bank, N.A. VISA® CLASSIC Account-Opening Disclosure Statement, as well as any addendums, amendments, and modifications thereto.
- New Balance: The Outstanding Balance as of a statement closing date.
- Outstanding Balance: The sum of all unpaid amounts, including purchases, balance transfers, cash advances, interest, fees and any other amounts that you may owe us.
- Payment Address: The address where you mail your payment. It is located on your Payment Stub.
- Payment Due Date: The date the Minimum Payment Due is due to us. It is shown on your statement.
- Payment Stub: The portion of your statement that is to be returned with your payment.
2. USE OF THE ACCOUNT
: You may use your Account for purchases, balance transfers, and cash advances. You may make a balance transfer by contacting us. There may be limits on the amount, purpose and frequency of balance transfers. You may take a cash advance by presenting your Card at a participating bank or Automated Teller Machine (“ATM”) or through use of a Convenience Check. There may be limits on the amount and frequency of advances. Balance transfers and cash advances do not earn reward program points. You promise that you will use your Account only for lawful personal, family or household purposes. We may deny transactions or authorizations if you are delinquent, if we suspect fraudulent activity, or for any other reason. In addition, we reserve the right to deny transactions or authorizations from merchants apparently engaging in the Internet gambling business or identifying themselves through the Card transaction record or otherwise as engaged in such business. We are not responsible if anyone does not allow you to use your Account, Card or Convenience Check.
3. PROMISE TO PAY
: Use of the Sunflower Bank, N.A. VISA®
CLASSIC Credit Card or Account by you or any authorized user shall indicate that you have agreed to pay all amounts due in accordance with the terms of this Agreement. We may limit or close your Account, but the terms of this Agreement will apply until you pay the Account in full.
4. CREDIT LIMIT
: We may assign the following limit(s) to your Account:
- Credit Limit: This is the amount of credit we will extend to your Account.
- Balance Transfer Credit Limit: This is a portion of the Credit Limit that is available for balance transfers.
- Cash Advance Credit Limit: This is a portion of the Credit Limit that is available for cash advances.
Your limit(s) are provided with your Card and on each of your statements. You promise to use your Account only to the limit(s). If you exceed your limit(s), we may authorize the transaction without increasing your limit(s). If you exceed your limit(s), you will remain liable for all amounts payable under this Agreement. We can adjust your limit(s) at any time.
5. CONTACTING US
: Unless otherwise stated in this Agreement, you may contact us at the phone number or address shown on your statement, at one of our branch locations or by calling our Customer Care Center at 1.888.827.5564.
: You agree to pay the following fees. You will find the fee amounts in the Important Terms of Your Credit Card Account.
- Cash Advance Fee: This fee may be charged each time you take a cash advance. This fee will be charged to your cash advance balance.
- Late Payment Fee: This fee may be charged each time we do not receive the Minimum Payment Due by the Payment Due Date.
- Returned Payment Fee: This fee may be charged when a payment is dishonored the first time or is returned unpaid. This fee will also apply if a debit transaction to a deposit account from which you have authorized us in writing, electronically, or orally to periodically deduct all or part of an amount you owe us under this Agreement is returned unpaid.
- Expedited Delivery Fee: This fee may be charged if you request to have your Card delivered to you by expedited mail delivery.
- Pay by Phone Fee: This fee may be charged each time you initiate a payment on your Account via a live telephone operator.
- Foreign Transaction Fee: This fee may be charged when you use your Card on foreign transactions. The fee will be assessed on the U.S. dollar amount of the transaction.
7. INTEREST RATES AND CHARGES
: The APRs used to figure interest on balances are shown in the Important Terms of Your Credit Card Account. The Monthly Periodic Rate and corresponding APR applied to the balance subject to an Interest Charge for purchases, balance transfers, and cash advances is a variable rate that may change monthly and will either increase or decrease with changes in an Index as described below. The Monthly Periodic Rate is 1/12th of the corresponding APR and is used to calculate the Interest Charges for each Billing Cycle. For purposes of this Agreement, the Prime Rate is the highest rate of interest listed as the “Prime Rate” in the Money Rates section of the Wall Street Journal on the first day of the prior month. The Index value used for a Billing Cycle is the Prime Rate as published on the last day of the prior Billing Cycle. If the Index is not published on that day, the most recent published value will be used. If the Wall Street Journal ceases as a publication, we reserve the right to use the Prime Rate published by any other newspaper of general circulation. The APR is calculated by adding 1.65% to the Index value stated above. If the Prime Rate increases, your APR may increase. In that case, you may pay more interest and have an increased payment and/or an increase in the number of payments it will take to pay the balance due. Notwithstanding any other provision in this Agreement, however, the minimum APR on your Account is 7.65%
8. MINIMUM MONTHLY PAYMENT
: The Minimum Payment Due each month will be the greater of:
- The New Balance shown on your statement if the amount is equal to or less than $25.00;
- $25.00 if the New Balance is $25.00 or more; or
- 4.0% of that portion of the New Balance which does not exceed your Credit Limit (rounded up to the nearest dollar), plus the entire portion of the New Balance in excess of your Credit Limit, plus any amounts past due.
9. INTEREST CHARGE CALCULATION METHODS AND COMPUTATION OF BALANCE SUBJECT TO INTEREST RATE
: The Interest Charge Calculation Method applicable to your Account for purchases, balance transfers, and cash advances is explained below:
- Purchases: Average Daily Balance (including new purchases). To avoid incurring an additional Interest Charge on the balance of purchases reflected on your monthly statement and on any new purchases appearing on your next monthly statement, you must pay the New Balance shown on your monthly statement on or before the Payment Due Date. The grace period for the New Balance of purchases extends to the Payment Due Date.
The Interest Charges on purchases for a Billing Cycle are computed by applying the Monthly Periodic Rate to the “average daily balance” of purchases. To get the “average daily balance” of purchases, we take the beginning balance of your account each day, add any new purchases, balance transfers, and cash advances, and subtract any payments, credits, non-accruing fees, and unpaid interest charges. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the Billing Cycle.
- Balance Transfers and Cash Advances: Average Daily Balance (including current transactions). To avoid incurring an additional Interest Charge on the beginning balance of balance transfers and cash advances reflected on your monthly statement, you must pay the Beginning Balance shown on your monthly statement on or before the Payment Due Date. No grace period is provided for current cycle transactions.
The Interest Charges on balance transfers and cash advances for a Billing Cycle are computed by applying the Monthly Periodic Rate to the “average daily balance” of balance transfers and cash advances. To get the “average daily balance” of balance transfers and cash advances, we take the beginning balance of your account each day, add any new purchases, balance transfers, and cash advances, and subtract any payments, credits, non-accruing fees, and unpaid interest charges. This gives us the daily balance. Then we add up all the daily balances for the Billing Cycle and divide the total by the number of days in the Billing Cycle.
- PAYMENT CREDITING AND CREDIT BALANCES: Payments received by 5:00 p.m. eastern time at the Payment Address will be credited as of the date of receipt to the account specified on the Payment Stub. Payments made in person during normal business hours at branch locations where such payments are accepted will be treated as received on the same day. Payments that do not conform to the requirements set forth on or with the monthly statement (e.g. missing Payment Stub, payment envelope other than as provided with your statement, multiple checks or multiple coupons in the same envelope) may be subject to delay in crediting, but shall be credited within five days of receipt. If there is a credit balance due on your account, you may request, in writing, a full refund. Submit your request to Sunflower Bank, N.A., Attn: Credit Card Department, P.O. Box 800, Salina, Kansas 67402-0800.
By sending your check, you are authorizing the use of the information on your check to make a one-time electronic debit from the account on which the check is drawn. This electronic debit, which may be posted to your account as early as the date your check is received, will be only for the amount of your check. The original check will be destroyed and we will retain its image in our records. If you have questions please call the customer service number on the front of the monthly billing statement.
If you make a payment online, it must be made via the web site, which is shown on your statement, or via our online banking system. The cut-off time for online payments will be disclosed at the time of the transaction. If you do not follow these instructions, your payments may not receive credit for up to five days after we receive it.
We reserve the right to apply payments amongst the various balances on your Account at our discretion. We may accept late payments, partial payments or payments that reflect “paid in full” (or other restrictive language), without losing our rights to receive full payment. If you intend to claim to pay your Account in full with an amount less than the Outstanding Balance, payments must be sent to us at Sunflower Bank, N.A., Attn: Legal Department, P.O. Box 800, Salina, Kansas 67402-0800.
- CONTACTING YOU: In order for us to service your Account or to collect any amounts you may owe, you agree that we may contact you using any contact information related to your Account. We may use any means to contact you. This may include automated dialing devices, pre-recorded/artificial voice messages, mail, e-mail, text messages and calls to your cell phone. You are responsible for any service provider charges as a result of us contacting you. You agree to promptly notify us if you change any contact information you provide to us. This includes your name, mailing address, e-mail address(es), or phone number(s). If you have a joint account, a notice to one of you will serve as a notice to both/all of you.
- PHONE MONITORING: We may monitor and record your phone calls with us to assure the quality of our service.
- LOST OR STOLEN CARDS AND LIABILITY FOR UNAUTHORIZED USE: You agree to contact us immediately if your Card is lost or stolen or if you believe your Account is being used without your permission. You may contact us at: 1.727.570.4881 or 1.888.827.5564. You agree to assist us in our investigation of the matter. If you do this, you will not be held liable for the unauthorized use of your Account.
- DEFAULT: Your Account will be in default if any of the following occur:
- You fail to pay the Minimum Payment Due by the Payment Due Date.
- Any payment is dishonored.
- You violate the terms of this Agreement.
- You made an untrue statement on your application.
- You file for bankruptcy.
- We receive an attachment or garnishment applicable to any deposit accounts you have with us.
- We reasonably believe that the prospects of payment on your Account are impaired.
If your Account is in default, our rights include, but are not limited to, refusing to authorize further transactions, immediate acceleration of the full outstanding balance on the Account, reducing your Credit Limit, closing your Account, and requiring the immediate payment of the Outstanding Balance. If your Account is in default, you also agree to pay our collection costs, attorney’s fees, and court costs.
- GOVERNING LAW: This Agreement is governed by federal law and to the extent applicable, Kansas law, no matter where you live or use your Account.
- CHANGE IN TERMS: We may change this Agreement at any time. These changes may apply to existing and future balances. We will give you advance written notice of the change(s) and a right to reject the change(s) if required by law. We may require you to close your Account or take other actions if you reject the changes. Sunflower Bank, N.A. has the right to reduce your credit limit, refuse to make an advance and/or terminate your Account at any time for any reason not prohibited by law.
- ENFORCING THIS AGREEMENT: We may waive or delay enforcing any of our rights without losing them. We may waive or delay enforcing a right against one of you without waiving it as to the other.
- SEPARATION OF UNLAWFUL PROVISIONS: If any provision of this Agreement is determined to be unlawful, the rest of the Agreement will stand and the unlawful provision will be deemed amended to conform to law.
- CREDIT INFORMATION AND CREDIT REPORTING: You promise that any information you give to us in connection with your Account is true and complete. You understand that we rely on this information to open your Account and extend credit to you. You authorize us to investigate your credit, employment, assets, and income records and to verify your credit references. We may request new financial information directly from you for the purpose of updating our records. You also authorize us to obtain credit reports on you from time to time. We may rely on the contents of such reports or other empirically derived financial information to close your Account or reduce the Credit Limit on your Account. We may report information regarding your Account to consumer reporting agencies. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If you believe we inaccurately reported credit history information about you or your Account to a credit reporting agency, write to Sunflower Bank, N.A., Attn: Collection Department, P.O. Box 800, Salina, Kansas 67402-0800.
- ASSIGNMENT: We have the right to assign your Account to another creditor. The other creditor is then entitled to any rights we assign to them. You do not have the right to assign your Account.
- SECURITY INTEREST: If you have other loans or credit extensions from us, or take out other loans or credit extensions from us in the future, collateral securing those loans or credit extensions will also secure your obligations under this Agreement. However, unless you expressly agree otherwise, your household goods and principal dwelling will not secure your obligations under this Agreement even if we have, or later acquire, a security interest in the household goods or a mortgage/deed of trust on your principal dwelling. If you have executed a written agreement granting a security interest in any deposit accounts (checking, savings, or share accounts) or other funds held by us to secure your obligations under this Agreement, such accounts and/or funds are additional security for your obligations to us arising from the use of your Account.
22. MISCELLANEOUS PROVISIONS
- From time to time, third parties may provide you with benefits not related to the extension of Account credit. We are not liable for these features, services and enhancements, as they are the sole responsibility of the third party provider. We and/or a third party may add, change or delete entirely these benefits without notice or liability to you, to the extent permitted by applicable law. You agree to hold us harmless from any claims, actions or damages resulting from your use of any of these features, services or enhancements, where permitted by applicable law.
- To the extent allowable by law, you acknowledge, agree and consent that: a) by applying for and subsequently using your Account, you have transacted business in the State of Kansas, and specifically in Saline County, Kansas; b) any suit, action, or other legal proceeding arising out of or relating to your Account may be brought, at our sole discretion, in a court of record in the State of Kansas or in the Courts of the United States located in the State of Kansas, and you hereby voluntarily consent and submit to the jurisdiction and venue of any such court chosen by us in any such suit, action, or proceeding; c) you waive any objection or defense which you may have to the laying of jurisdiction and venue of any such suit, action, or proceeding in any of such courts and any claim that any such suit, action, or proceeding has been brought in an inconvenient forum.
- To the extent allowable by law, you waive any and all right to a trial by jury in any action, proceeding, claim or counterclaim, whether in contract or in tort at law or in equity, arising out of or in any way related to your Account, transactions involving your Account, and any other agreement or transaction related to your Account.
- This Agreement: a) supersedes any prior agreement concerning your Account; b) is a final expression of the credit agreement concerning your Account; c) may not be contradicted by evidence of any prior oral credit agreement or of a contemporaneous oral credit agreement concerning your Account; and d) contains no nonstandard terms. You acknowledge, agree and consent that no unwritten oral credit agreement exists concerning your Account.
- There are no third-party beneficiaries under this Agreement.
23. STATE SPECIFIC NOTICES
BILLING RIGHTS SUMMARY:
What To Do If You Think You Find A Mistake On Your Statement
- IN CA: A married applicant may apply for a separate account. After credit approval, each applicant will have the right to use this Account to the extent of any limit set by us, and may be liable for all amounts extended under this Account to any joint applicant.
- IN CO: Colorado law requires us to offer you the option of signing a prior consent form. The signed prior consent permits us to release records of your accounts to the county department of social services or local law enforcement for the purpose of investigating known or suspected financial exploitation. If you are interested in receiving a copy of the form, please contact our Customer Care Center at 1-888-827-5564 Monday through Friday, 8:00 a.m. – 5:00 p.m. Central Time.
- IN NY: A consumer report may be requested in connection with the application or any update, renewal or extension of any credit granted as a result of your application for the Account. You will be informed upon request whether a report was requested and the name and address of the consumer reporting agency that furnished the report.
- IN OH: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
- IN WI: No provision of a marital property agreement (including a Statutory Individual Property Agreement pursuant to Sec. 766.587, Wis. Stat.), unilateral statement classifying income from separate property under Sec. 766.59, or court decree under Sec. 766.70 adversely affects the creditor unless the creditor is furnished with a copy of the document prior to the credit transaction or has actual knowledge of its adverse provisions at the time the obligation is incurred.
If you think there is an error on your statement, write to us at Sunflower Bank, N.A., Attn: Credit Card Department, P.O. Box 800, Salina, Kansas 67402-0800. 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. You must notify us of any potential errors in writing
(or electronically). You may call us, but if you do, we may not be required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true:
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
- 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. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to 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.
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 of the following must be true:
- 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.
- You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your Account do not qualify.
- You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing (or electronically) at the address shown on the front of your billing statement following the phrase “Please send Billing Inquiries and Correspondence To.” 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.