Black Opal Credit Card Agreement

SUMMARY OF CREDIT TERMS

The following summarizes key terms of the Cardholder Agreement governing your revolving credit account (“Account”). The terms “we,” “us” and “our” refer to Black Opal Inc, including, as applicable, our successors, assignees, and representatives. “You” and “your” refer to the person who accepts this offer for the Account and, as appropriate, all persons authorized to use the Account. We can be reached at (720) 731-2000.

New York Residents: New York residents may contact the New York state department of financial services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. You can call the New York state department of financial services at 800-342-3736 or visit their website: www.dfs.ny.go

INTEREST RATES and INTEREST CHARGES
Annual Percentage Rate (APR) for Purchases26.24%. This APR will vary with the market based on the Prime Rate.
APR for Cash Advances and Balance Transfers29.24%. This APR will vary with the market based on the Prime Rate.
Paying InterestYour due date is at least 25 days after the close of each billing cycle. We will not charge you any interest for Purchases on your account if you pay your entire purchases balance by the due date each month. There is no time period in which to avoid paying interest on Cash Advances and Balance Transfers.
For Credit Card Tips from the Consumer Financial Protection BureauTo learn more about factors to consider when applying for or using a credit Protection Bureau card, visit the website of the Consumer Financial Protection Bureau at www.consumerfinance.gov/learnmore.org

 

FEES
Set-up and Maintenance Fees

• Annual Fee

• Account Maintenance Fee

 

 

$195.00 per annum

$150 annually. This fee is not billed for the first 12 months that your Account is open.

Transaction Fees

• Balance Transfer

• Cash

• Foreign Transaction

 

 

 

3% of the amount of each transfer

Either $5 or 5% of the amount of each cash advance, whichever is greater

3% of each transaction amount in U.S. dollars

Penalty Fees

• Late Payment

• Returned Payment

 

Up to the maximum fee permitted under Section 12 C. F. R. 1026.52(b)(1)(ii)

($39 as of January 1, 2019). See monthly statement for current fee.

 

Up to the maximum fee permitted under Section 12 C. F. R. 1026.52(b)(1)(ii) ($39 as of January 1, 2019). See monthly statement for current fee.

 

How We Will Calculate Your Balance:

We use a method called “average daily balance (including current transactions).”

Variable Rate:

Your APRs will vary with the market based on the Prime Rate. The Prime Rate is the highest bank prime loan rate as published by The Wall Street Journal in its Money Rates Section on the 25th day (or the next business day if the 25th is not a business day) of the calendar month preceding the first day of the billing period. Your Periodic Rate(s) and corresponding Annual Percentage Rate(s) will change if the Prime Rate changes. If the Periodic Rate(s) and corresponding Annual Percentage Rate(s) increase, your interest charges will increase and your minimum payment may be greater. A change in the Periodic Rate(s) will take effect the billing period immediately following the publication of the changed Prime Rate. No APR under this Agreement will exceed 36%. Interest will be charged when an Account has an outstanding balance.

TERMS OF OFFER

Please carefully review the Summary of Credit Terms above and these Terms of Offer.

GENERAL ELIGIBILITY

You must be at least 18 years of age (19 in AL) and a legal resident of the United States, not including U.S. Territories other than Puerto Rico and the U.S. Virgin Islands. You may have only one Account open at any time. We may decline to process an application if you have already applied for an Account during the previous 90 days. You must agree to comply with the Cardholder Agreement (“Agreement”) that will be furnished upon verification of eligibility.

THIS OFFER

This offer is for a Credit limit of up to $35,000 (subject to verification of eligibility).

CHANGE OF TERMS

We may, at any time and in accordance with this offer, your Agreement and applicable law: (i) terminate your right to make future purchases; (ii) change your credit line; or (iii) add or delete any term or change any term or condition of your Agreement relating to your Account (including changing from a variable to a non-variable periodic rate, increasing any rate of interest, increasing or adding fees or charges, changing the method of computing the balance upon which interest is assessed or changing the date upon which interest begins to accrue). Changes that are favorable to you may be made at any time without prior notice. Changes in terms may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established credit line on your Account with us, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make automatic payments, if applicable. Unless you violate the terms of this offer or your Agreement, we will not reduce your initial Credit Limit during the first 12 months after Account opening.

When required by applicable law, we will provide you with written notice of a new or deleted term or change in terms. No new or deleted term or change in terms will affect your obligation to pay all amounts owing under your Agreement.

CREDIT REVIEW AND REPORTING

You authorize us to obtain credit reports on you from consumer reporting agencies for any legal purpose, including any update, extension of credit, review, or collection of your Account. We can do this from time to time while your Account is open and after it is closed (if you owe any money). If you request, you will be informed whether any credit report was requested and if a report was requested, the name and address of the consumer reporting agency furnishing this report.

NOTICE OF INFORMATION REPORTING

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.

FUTURE CREDIT LIMIT

Your Account represents a continuing offer to extend further credit to you, which may be withdrawn at any time. We reserve the right to change (to set, increase, decrease or remove) the Credit Limit for your Account from time to time in accordance with your offer, your Agreement and applicable law.

Unless you violate the terms of this offer or your Agreement, we will not reduce your initial Credit Limit during the first 12 months after Account opening. Certain changes in your Credit Limit may occur without prior written notice to you and may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established Credit Limit, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make automatic payments, if applicable.

IMPORTANT· THE CARDHOLDER AGREEMENT YOU WILL RECEIVE AFTER APPROVAL CONTAINS A BINDING ARBITRATION PROVISION. YOU MAY REJECT THE ARBITRATION PROVISION AS PROVIDED IN THE “RIGHT TO REJECT ARBITRATION” SECTION OF THE PROVISION. OTHERWISE, IF YOU OR WE ELECT TO ARBITRATE A DISPUTE, YOU WILL NOT HAVE THE RIGHT TO GO TO COURT OR HAVE THE DISPUTE HEARD BY A JURY, TO ENGAGE IN PRE-ARBITRATION DISCOVERY, OR TO PARTICIPATE AS PART OF A CLASS OF CLAIMANTS RELATING TO SUCH DISPUTE. OTHER RIGHTS AVAILABLE TO YOU IN COURT MAY BE UNAVAILABLE IN ARBITRATION. The arbitrator’s decision will be final and binding, except as provided in the Arbitration Provision. You may obtain information about the arbitration administrators named in the Agreement and their current codes of procedure, rules and forms from the American Arbitration Association at 1633 Broadway, 10th Floor, New York, NY 10019, website http://www.adr.org, 1-800-778-7879. Read the Arbitration Provision in your Agreement carefully.

MONITORING AND RECORDING

To ensure that you receive quality service, you agree that we may monitor and record all phone calls. These calls, between you and our representatives, are evaluated by supervisors. It is our goal to provide prompt, consistent assistance and deliver accurate information in a professional manner.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you apply for a loan, we will ask your name, street address, email address, date of birth and other information which will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

STATE LAW NOTICES

California Residents: If married, you may apply for a separate account.

Delaware Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balance from month to month.

Ohio Residents: 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.

Married Wisconsin Residents: No provision of a marital property agreement, a unilateral statement under section 766.59 or a court decree under section 766.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. We will request from you the name and address of your spouse.

CONSENT TO RECEIVE ELECTRONIC DISCLOSURES

Please read the following information carefully and retain it for future reference.

DEFINITIONS:

The words “we,” us,” and “our” mean Black Opal Inc, including any successor, assignee or agent of the creditor, and the words “you” and “your” mean the individual that accepts this offer for credit. “Disclosures” means any information that we are required by law to provide to you in writing in connection with your Account. Disclosures include any credit agreement, periodic statement, privacy notice, adverse action notice or other notice that we may provide to you electronically.

CONSENT: By accepting this offer for credit, you agree that we may provide Disclosures to you electronically.

METHOD OF ELECTRONIC DISCLOSURES: All Disclosures that we provide to you electronically will be provided either (i) directly to any email address you provide to us (or any updated address you provide later) or (ii) on our website. If Disclosures are provided on our website, we will give you our appropriate website address in advance and send an email or regular mail notice if that address changes.

PAPER COPIES:

You may request a paper copy of any Disclosure by calling 1-(720) 731-2000 or emailing us at service@blackopal.ai.

HARDWARE AND SOFTWARE REQUIREMENTS:

Before you consent, you should consider whether you have the required hardware and software capabilities described below. To access, view and retain Disclosures, you will need:

  • A valid working email account; and
  • Access to a computer, operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying and either printing or storing Disclosures electronically.

CHANGES: We will notify you of any changes to these requirements that create a risk that you may not be able to receive Disclosures electronically.

WITHDRAWING CONSENT:

You are free to withdraw your consent to receive Disclosures electronically at any time by calling 1 (720) 731-2000 or emailing us at service@blackopal.ai. If you withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected. Any such withdrawal will be effective only after we have a reasonable period of time to process your withdrawal. We will not charge you a fee for withdrawing your consent.

CHANGE TO YOUR CONTACT INFORMATION: You agree to inform us immediately of any change in your email address by calling 1 (720) 731-2000 or emailing us at service@ blackopal.ai.

ACKNOWLEDGING YOUR ABILITY TO ACCESS DISCLOSURES: By accepting this offer, you acknowledge that you can access Disclosures in the formats described above.