Opensky Secured Visa Credit Cardholder Agreement: Interest Rates and Interest Charges
Opensky Secured Visa Credit Cardholder Agreement: Interest Rates and Interest Charges
Opensky Secured Visa Credit Cardholder Agreement: Interest Rates and Interest Charges
How to Avoid Paying Interest on Your due date is at least 25 days after the close of each billing cycle. We
Purchases will not charge you interest on new purchases, provided you have paid
your previous balance in full by the due date each month. We will begin
charging interest on cash advances on the transaction date.
Minimum Interest Charge If you are charged interest, the charge will be no less than $1.00.
For Credit Card Tips from the To learn more about factors to consider when applying for or using a credit
Consumer Financial Protection card, visit the website of the Consumer Financial Protection Bureau at
Bureau https://www. Consumerfinance.gov/learnmore.
FEES
Annual Fee $35 annually.
Transaction Fees
• Cash Advance Either $6 or 5% of the amount of each cash advance, whichever is greater.
• Foreign Transaction 3% of each Transaction in U.S. dollars
Penalty Fees
• Late Payment Up to $38
• Returned Payment Up to $25
How We Will Calculate Your Balance: We use a method called “average daily balance (including new
Transactions).” Please see Section 7.(c) of this Agreement for further details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in the
section titled “Your Billing Rights” at the end of this Agreement.
MILITARY LENDING ACT NOTICE: Federal law provides important protections to members of the Armed Forces
and their dependents related to extentsion of consumer credit. In general, the cost of consumer credit to a member
of the Armed Forces andhis 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). To receive this information and a description of your
payment obligation verbally, please call us toll free 855-763-6736.
The information described here about the costs of the OpenSky Secured Visa Credit Card issued by Capital Bank,
NA is accurate as of 1/1/19. This information may have changed after that date.
This Agreement governs the secured credit card account (“Account”) and related credit card (“Card”) provided by
Capital Bank, a nationally chartered, FDIC-insured Bank headquartered in Rockville, MD (the “Bank”). In this
Agreement, the words “we,” “us,” and “our” mean the Bank, its successors and assigns, and, for purposes of the
Arbitration Provision (Section 19) the other persons identified in the Arbitration Provision. The words “you,” “your”,
“yours” and “Cardholder” mean everyone responsible for this Account, including the person who applied for, received
and accepted this Account and the person to whom we provide the Account Statements after each monthly billing
cycle. You agree, jointly and severally, if more than one person is contractually liable for the Account, to comply with,
and be bound by, this entire Agreement. You should retain and carefully review this entire Agreement, and sign your
Card before using it. Intending to be legally bound, you and we agree as follows:
1. Accepting this Agreement. You accept and agree to the terms and conditions of this Agreement when you first use
the Account or the Card.
2. Purchases and Cash Advances. You may use your Account to purchase or lease goods or services (each, a
“Purchase”) by presenting your Card or providing your Card number and additional information (for example, in online
or telephone transactions) to participating merchants and establishments that honor the Card. You may also receive
“Cash Advances” on your Account: (a) to obtain cash or cash-like equivalents (for example, money orders, traveler’s
checks, stamps or other instruments convertible into cash) from any bank or other person that accepts the Card for
such purpose; (b) to make a withdrawal of cash from an automated teller machine (“ATM”); (c) to make a person-to-
person transfer conducted through the Internet or otherwise; and/or (d) to cash or make a payment using any check
we provide to access the Account (a “Statement Check”). To qualify for Statement Checks, your Credit Limit must be
greater than $500.00, your Account must be current and you may not have been 30 days’ late in paying your Minimum
Payment Due on more than two occasions since you opened your Account. Additional qualifications may apply.
For all purposes of this Agreement, and no matter how they are implemented, Balance Transfers are treated as a
kind of Cash Advances. Purchases and Cash Advances (including Balance Transfers) are collectively referred to as
“Transactions.” We will not be liable to you (or anyone else) if any ATM, merchant or other person cannot or will not
process a Transaction permitted under this Agreement. Unless prohibited by applicable law, we may from time to
time limit the type, number and dollar amount of any Transaction, even if you have sufficient Available Credit (defined
in 5.(e) below) to complete the Transaction, and may terminate or suspend your use of the Card or the Account, with
or without notice to you before or at the time we take such action.
3. Use of the Account and the Card. You agree to use your Account and your Card only for personal, family or
household purposes. You agree that you will not use your Account for any unlawful purpose or to engage in or
facilitate Internet gambling. Your breach of this Agreement will not affect or limit your liability to us with respect to any
Transactions or Balance Type.
4. Authorized User(s). If you allow any other person to use your Account or your Card, that person will be an
“Authorized User.” You are responsible for all use of your Account, including Transactions by an Authorized User. If
you allow an Authorized User to use your Account, such authorization will be deemed to extend to all Transactions
by such Authorized User, even if not intended by you, and will continue until you have taken all steps necessary to
prevent any further use of your Account by such Authorized User, even if you have advised us that such Authorized
User is no longer authorized to use the Account. It is your responsibility to get any cards, checks or any other means
of access to your Account from the Authorized User and destroy them or return them to us upon request.
5. Secured Card; Pledged Deposit Account.
(a) As a condition to obtaining this Account, you are opening a deposit account at the Bank, or at another
FDIC-insured institution designated by the Bank in its discretion (the “Deposit Bank”), in a minimum amount
of at least $200.00. We need not notify you of the identity of the Deposit Bank, if any, unless you expressly
request such information. The deposit account we open for you, with us or the Deposit Bank, and any
substitutions or renewals thereof, is referred to herein as the “Pledged Deposit Account.” You hereby
appoint us your agent and attorney-in-fact and direct us to open the Pledged Deposit Account, to maintain
records and deliver disclosures with respect to the Pledged Deposit Account (including records on behalf of
the Deposit Bank, if any) and to take or initiate all actions with respect to the Pledged Deposit Account as
are contemplated hereunder. You hereby direct the Deposit Bank to deal exclusively and directly with us
concerning the Pledged Deposit Account, to comply with our instructions directing disposition of the funds
on deposit in the Pledged Deposit Account from time to time, including any funds deposited after the
effective date of this Agreement (the “Deposit Funds”), without further consent by you, and to disregard any
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.
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.
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.
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.
If we do not believe there was a mistake: You will have to 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 we do not follow all of 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.
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. Purchases made with cash advances from an ATM or with
a check that accesses your credit card account do not qualify.
3. 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 at:
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.
Additional Disclosures
CALIFORNIA RESIDENTS: You may apply for an account in your name alone, regardless of your marital status.
NEW YORK RESIDENTS: You may contact the New York State Banking Department at 1-877-
226-5697 to obtain a comparative listing of all credit card rates, fees and grace periods.
OHIO RESIDENTS: The Ohio rules 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.
VERMONT, RHODE ISLAND AND NEW YORK RESIDENTS: A credit report may be requested in connection
with your application. At your request, Capital Bank (CNB) will tell you whether or not a credit report was obtained
and, if so, the name and address of the consumer reporting agency that furnished the report. CNB may also request
credit reports from time to time in connection with any update, renewal or extension of the credit account, whenever
CNB believes that such action is appropriate.
MARRIED WISCONSIN RESIDENTS: No provisions of any marital property agreement, unilateral statement under
§766.59 of the Wisconsin Statutes, or court decree under §766.70 will adversely affect a creditor’s interest unless,
prior to the time credit is granted, the creditor is furnished a copy of the agreement, statement or decree or has actual
knowledge of the adverse provision. If an Account is opened for you, you must notify your spouse about the Account
before any payment on the Account is due. YOUR SIGNATURE CONFIRMS THAT CREDIT EXTENDED UNDER
THIS ACCOUNT WILL BE INCURRED IN THE INTEREST OF YOUR MARRIAGE OR FAMILY.
In accordance with the USA PATRIOT Act, Federal law requires all financial institutions to obtain, verify, and record
information that identifies each individual or entity opening an account. This includes all personal and commercial
accounts.
What This Means to Our Customers
When you open an account, you will be asked for your name, address, social security or tax identification number,
date of birth (if applicable) and other information that will allow us to identify you. You will also be asked to furnish
your driver’s license or other identifying documents. We are required to follow this procedure each time an account
is opened, even if you are a current customer. Thank you for helping us to follow this Federally-mandated procedure.
You can view a complete copy of the current Account Agreement on our website at www.openskycc.com.
For Further Information: Call the Customer Service number shown on your statement or on the back of your
Card if you need more information.