Your Card has an annual fee of ninety five dollars ($95). Your annual fee may be charged approximately once per year. Your Account terms include a $0 introductory fee. We may charge Your first $95 annual membership fee when the introductory period ends. Your introductory period ends one year (12 months) after You activate Your Card or use the Account, whichever is first.
Expedited Card Fee: Your Card has an annual fee of ninety five dollars ($95). Your annual fee may be charged approximately once per year. Your Account terms include a $0 introductory fee. We may charge Your first $95 annual membership fee when the introductory period ends. Your introductory period ends one year (12 months) after You activate Your Card or use the Account, whichever is first.
Administrative Fees: We may charge You for copies of billing statements, sales drafts or other records or for special services You request. We will not charge You for copies of documents you request for a billing dispute You assert against Us under applicable law. These charges may change from time to time and will be added to Your Purchase balance as of the date of the request.
FEE LIMITATIONS
We will not charge You a Late Payment Fee or Returned Check Fee that exceeds the amount of the associated payment or check. For example, if Your Outstanding Balance is $20 and You make a late payment, You will be charged a $20 Late Payment Fee.
INDIVIDUAL AND COMPANY LIABILITY
If You are in default, You agree to be personally responsible, both individually and jointly with the business, for payment of all balances incurred on all Cards and Accounts issued pursuant to this application now or whenever such additional Accounts may be established in the future.
ABOUT DEFAULT
STATUTORY LIEN AND SECURITY INTEREST
If You are in default on any financial obligation, federal law permits Us to enforce a statutory lien and security interest on all accounts in which You have an ownership interest by transferring funds from these accounts to satisfy Your obligations. We may also restrict access to these accounts.
This security interest does not apply to the extent it otherwise violates federal law, to any Individual Retirement Account, or any other account that would lose special tax treatment under state or federal law if given as security.
We may consider Your Account to be in default if:
-
You fail to make any
minimum payment within 25 days of Your statement date;
-
You fail to live up to
the terms and conditions of this Agreement;
-
Your creditworthiness is
impaired;
-
You die, become
insolvent, or are the subject of Bankruptcy or receivership proceedings;
-
You have made a
misrepresentation in connection with the Card application and/ or this Agreement, or;
-
You are in default under another agreement You have with Us or an affiliate.
If You are in default, We have the right to terminate this Agreement and demand immediate payment of Your full Outstanding balance, subject to Us giving You any notice required by federal law and applicable state law. We may also: suspend Your ability to make charges, cancel or suspended any feature on Your Account, require You to pay the Payment Due immediately; or require You to pay Your Account balance immediately. To the extent permitted by law, You will also be required to pay Our collection expenses, including court costs and reasonable attorney fees.
STATEMENTS
We will send You a statement at the end of each billing period if at that point You have a credit or debit on the Account equal to more than $1. In Our discretion, We may choose to send You a statement even if You do not have a credit or debit of $1 or more. We may not send You a bill, however, if We have decided Your Account is uncollectible or if We have sent the Account for collection proceedings against You.
Your statement will tell You the total Outstanding Balance that You owe to Us as of the end of the last billing statement. It will also tell You the Payment Due Date. In addition, the monthly billing statement will identify the merchant, electronic terminal or financial institution at which Transactions were made, but sales, credit, or any other slips cannot be returned with the statement.
You should retain the copy of such slips furnished at the time of the Transaction in order to verify the monthly billing statement.
Closing date: The closing date is the last day of the billing cycle; all Transactions received after the closing date will appear on Your next statement.
Annual Fee: If an annual fee is applicable to Your Account, You may avoid paying the annual fee by sending a written notification of termination within 30 days following the mailing date of Your bill, to the address found at the top of the first page of Your bill. You may use Your Card(s) during this 30 days period but immediately thereafter must send Your Card(s), which You have cut in half, to this same address.
Sending You Notices
We will mail You notices through U.S. postal mail to the latest billing address on Our records. Notice sent to anyone of You will be considered notice to all.
Additional Important Information
HOW TO UPDATE YOUR RECORDS
It is Your responsibility to provide Us with true, accurate and complete email address, contact, and other information related to this Disclosure and Your Account(s), and to maintain and update promptly any changes in this information. You can update information such as Our email address by telephone at 1-845-3415000 or or toll free 1-888-341-5100 or, by postal mail at Orange Bank and Trust Company, 212 Dolson Avenue Middletown, NY 10940. To ensure the security of Your Account(s), any changes to a mailing address will require written authorization from You, by completing the Customer Information Change Form, which can be obtained by calling 1-845341-5000 or toll free 1-888-341-5100 and mailing the completed Customer Information Change Form to the address above or bringing it to one of Our Banking Centers.
AUTHORIZED USER
Additional Cards for employees (“Authorized User”) may be issued at Your request. You and any Joint Account holder are responsible for all Transactions made by Authorized Users. An Authorized User does not have an Account with Us and will not be responsible for paying the balance due on Your Account. You are responsible for sharing this Agreement with all Authorized User(s) that may be subjected to the terms of this Agreement. You are responsible for all use of Your Account by Authorized User(s) or anyone whom You have deemed to have authorization by (a) lending Your Card to, or allowing Account access by another person; (b) any other way In which You would be legally considered to have allowed another person to use Your Account or to be legally prevented from denying that You did. You cannot disclaim Your responsibility for these charges by notifying Us.
You authorize Us to share information about the Account with Your Authorized User(s). To remove or cancel an Authorized User right to use the Card You or the Authorized User must notify Us. You can write to Us at the address or call Us at the telephone number shown on Your billing statement and return all Cards to Us, We may close Your Account for new transactions.
REPLACEMENT OF CARDHOLDER
We must be notified if any Cardholder is no longer an employee or an officer of the business or no longer want to be a Cardholder. In this case, the Account must be closed and all Cardholder(s) will remain responsible for the payment of the Outstanding Balance. The business will have the option of submitting a new application for credit to establish a new Account.
LIABILITY FOR UNAUTHORIZED USE
You may be liable for unauthorized Use of Your Card. You must notify Us immediately of the loss, theft, or unauthorized Use of Your Card, in writing at: Orange Bank and Trust Company, 212 Dolson Avenue Middletown, NY 10940 or orally at 1-845341- 5000 or toll free 1-888-341-5100. You will not be liable for unauthorized use that occurs if You notify Us immediately of the loss, theft, or unauthorized use. For business Accounts in which less than ten Cards have been issued, Your liability for unauthorized use of a Card will not exceed $50. If ten or more Cards are issued for use by employees of the business, there is no limit to Your liability for unauthorized use that occurs before You notify Us as provided herein.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE
USE
This notice tells You about Your rights and Our responsibilities under the Fair Card Billing Act
What To Do If You Think You Find A Mistake On Your Statement
If You think there is an error on Your statement, write to Us at:
Orange Bank & Trust Company
212 Dolson Avenue
Middletown, NY 10940
You may also contact via email at cards@orangebanktrust.com.
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 are not 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:
- 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.
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 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 is 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 Credit Card 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:
Orange Bank & Trust Company
212 Dolson Avenue
Middletown, NY 10940
You may also contact via email at cards@orangebanktrust.com.
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.
BLOCKING CARDS AND/OR REFUSAL TO AUTHORIZE TRANSACTIONS
We may block this Card due to the appearance of unusual spending behaviors or block transactions originating in certain domestic or international regions where there is a high volume of fraud.
CANCELLING OR SUSPENDING YOUR ACCOUNT
We may cancel Your Account; suspend the ability to make payments; suspend the ability to make Purchases, cancel or suspend any feature on Your Account; or notify merchants that Your Account has been cancelled or suspended. If We do any of these, You must still pay Us for all charges under the terms of this Agreement. We may do any of these things at Our discretion, even if You pay on time and Your Account is not in default.
If Your Account is cancelled, You must destroy Your Cards. If We do this, We may reinstate any additional Cards issued on Your Account; charge You any applicable annual fees; and charge You a fee for reinstating the Account.
CLOSING YOUR ACCOUNT
You may close Your Account by calling Us or writing to Us. If an Annual Fee applies, We will refund this fee if You notify Us that You are voluntarily closing Your Account within 30 days of the closing date of the billing statement on which that fee appears.
If the Account is closed 30 days after the annual fee has been applied, the annual fee is non-refundable.
UCHOOSE® REWARDS POINTS
You may review the Terms and Conditions of the uChoose® Rewards Points in a separate agreement document online at www.orangebanktrust.com/business-credit-cards/
CREDIT REVIEW AND RELEASE OF INFORMATION
You authorize Orange Bank & Trust Company to investigate and evaluate Your Business and Personal credit standing when opening or reviewing Your Account and agree to immediately notify Us should there be any adverse change in Your credit or financial condition. You further agree that the information You provide to Us on Your application may be re-investigated or re-evaluated at any time.
We may request updated credit bureau reports and may or may not ask You to provide annual financial statements, tax returns, or other credit- related information. You authorize Orange Bank & Trust Company to disclose information regarding Your Account to credit bureaus and creditors who inquire about Your standing.
SEVERABILITY
If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
ENFORCEMENT
You agree to be liable to Orange Bank & Trust Company for any liability, loss, or expense as provided in this Agreement that the Bank incurs as a result of any dispute involving Your Accounts or the services. You authorize Orange Bank & Trust Company to deduct any such liability, loss, or expense from Your Account without prior notice to You.
In the event either party brings a legal action to enforce the Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collections actions, if applicable.
PRIVACY ACT NOTICE
We send Our Privacy Policy when You open Your Account. You may view a copy of Our Privacy Policy by visiting Us www.orangebanktrust.com/privacy-policy/
Our Privacy Policy summarizes:
- The personal information We collect,
- How We protect Your personal information confidentiality and security;
- When it may be shared with others; and
- How You can limit our sharing of this information.
NO WAIVER
We can delay enforcing any of Our rights any number of times without losing them.
GOVERNING LAW
This Agreement is made in New York and shall be governed by the laws of the State of New York to the extent that New York law is not inconsistent with controlling Federal law.
New York's choice of law rules shall not be applied if that would result in the application of non-New York Law.
ILLEGAL USE OF FINANCIAL SERVICES
Any financial service provided by the Bank may be used for any Transaction permitted by law. You agree that illegal use of any financial service will be deemed an action of default and/or breach of contract and such service and/or other related services may be terminated at Our discretion. You further agree, should illegal use occur, to waive the right to sue Us for such illegal activity directly or indirectly related to it. You also agree to indemnify and hold the Bank harmless from any suits or other legal action or liability, directly or indirectly, including Bank expenses associated with defense of such law suits or other legal action, including attorney fees, resulting from such illegal use.
WE MAY CONTACT YOU
You agree that We, and Authorized Parties (affiliates, agents, contractors, services providers), debt collections agencies may contact You via calls, text message, email or, any other methods of communications not prohibited by law, even if You may be charged for it. If We need to service Your Account or collect amounts You owe Us, We may contact You at any phone number or email address You have provided Us.
You must notify Us if Your contact information has changed. You agree that Authorized Parties may record and monitor any calls between You and the Authorized Parties. If You no longer wish to be contacted by phone, You must notify Us via writing to the address on the “Contact Us” section. The written notice must include: Your name and the business name, last four of the Account number and, all specific phone number(s) which You would like to cancel Your consent to be contacted via phone.
CONTACT US
You may contact Us in writing at: Orange Bank & Trust Company, 212 Dolson Avenue, Middletown, NY 10940, via email: cards@orangebanktrust.com or by phone at 1-845-341- 5000 or toll free 1-888-341-5100, unless We notify You otherwise.
NEW YORK STATE RESIDENTS
New York State resident may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rate, fees and grace periods. New York State Department of Financial Service: 1-877-226-5697 or http://www.dfs.ny.gov.
INTEGRATED DOCUMENTS
Any separate sheet of paper, which is delivered to You with this Agreement, is an integrated part of this Agreement and Disclosure.
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