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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 $99.00 annual
fee to your Account in the first billing period. Thereafter, you will be
charged a $39.00 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. Annual fees reduce the amount of credit you have
available for use.
B.
Account Maintenance Fee: In the second year of your Account, you will
be charged an $8.25 monthly Account Maintenance Fee, so long as your Account has
an unpaid balance or remains open for new purchases. Your payment of an
Account Maintenance Fee does not affect our right to close your Account or
our ability to limit transactions on your account.
C. Returned
Payment Fee: To the greatest extent not
prohibited by law, if any payment is dishonored or returned, you agree to pay
a Returned Payment Fee in accordance with the accompanying Pricing Disclosure.
D. Late
Payment Fee: If you fail to make a timely
payment, you agree to pay a Late Payment Fee in accordance with the
accompanying Pricing Disclosure.
E.
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 256
W Data Drive, 2nd Floor, 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.
E.
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."
F. 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.
G.
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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