Deposit Account Terms and Conditions
These terms control this account unless changed in writing. Words and phrases used in this document should be construed so that the singular includes the plural and the plural includes the singular. “We”, “our”, or “us” mean the financial institution. “You” or “your” mean the account holder(s). You may not transfer or assign this account without our written consent.
The signature card (account application) will show whether this account is a consumer or business account. A consumer is a natural person who holds an account primarily for personal, family or household purposes.
You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges as accrued directly from the account balance. You agree to pay additional reasonable charges for services you request which are not covered by this agreement.
You agree to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another authorized to withdraw from this account. This includes liability for our costs to collect the deficit including, to the extent permitted by law, our reasonable attorney’s fees.
We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including item drawn “on us”). Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We will pay interest on non-consumer accounts only on collected funds, subject to minimum balance or other limitations, if any. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cut-off time” on a business day we are open, or received on a day in which we are not open for business, as if initiated on the next following business day that we are open.
Unless clearly indicated otherwise on the account records, only one signature is required for withdrawal. This means that any of you or any authorized signer, acting alone, may withdraw or transfer all or any part of the account balance at any time on forms or in any other manner approved by us. Each of you (until we receive written notice to the contrary) authorizes each other person signing this form to endorse any item payable to you or your order for deposit to this account or any other transaction with us.
We may charge your account for a check, even though payment was made before the date of the check, unless you have given us written notice of the postdating. The fact that we may honor withdrawal requests that overdraw the finally collected account balance does not obligate us to do so, unless required by law. Withdrawals will first be made from collected funds, and we may, unless prohibited by law or our written policy, refuse any withdrawal request against uncollected funds, even if our general practice is to the contrary.
We may refuse any withdrawal or transfer request which you attempt by any method we do not specifically permit, which is for an amount less than any minimum withdrawal requirement, or which exceeds any frequency limitation. Even if we honor a nonconforming request, repeated abuse of the stated limitations (if any) may eventually force us to close your account. We will use the date a transaction is completed by us (as opposed to the day you initiate it) to apply the frequency limitations.
On interest-bearing accounts other than time deposits, we may require at least seven days’ written notice before any withdrawal or transfer. Withdrawals from a time deposit before maturity or before the expiration of any notice period may be restricted and may be subject to penalty. See your notice of penalties for early withdrawal.
Ownership of Account and Beneficiary Designation
You intend these rules to apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the signature card (account application). We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
- Individual Account is owned by one person.
- Joint Account – With Survivorship (And Not As Tenants In Common) is owned by two or more persons. Each of you intends that when you die the balance in the account (subject to any previous pledge to which we have consented) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.
- Revocable Trust or Pay-On-Death Account – If two or more of you create this type of account, you own the account jointly with survivorship. Beneficiaries acquire the right to withdraw only if: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, beneficiaries will own this account in equal shares, without right of survivorship. Any surviving beneficiary may withdraw all or any part of the account balance. The person(s) creating either of these account types may: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the deposit at any time.
A stop-payment order must be given in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cut-off time.
Our stop-payment cut-off time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop-payment are provided by law.
A stop-payment order must precisely identify the number, date and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. A release of the stop-payment request may be made only by the person who initiated the stop-payment.
Amendments and Termination
We may change any term of this agreement. Rules governing changes in interest rates have been provided separately. For other changes we will give you reasonable notice in writing or by any other method permitted by law. We may also close this account at any time by giving you reasonable notice and giving you the account balance personally or by mail. Notice from us to any one of you is notice to all of you.
You must examine your statement of account with reasonable promptness. If you discover (or reasonably should have discovered) any unauthorized payments or alterations, you must promptly notify us of the relevant facts. If you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items forged or altered by the same wrongdoer.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first made available to you.
You further agree that if you fail to report any unauthorized signatures, alterations, forgeries or any other errors in your account within 60 days of when we make the statement available, you cannot assert a claim against us on any items in that statement, and the loss will be entirely yours. This 60 day limitation is without regard to whether we exercised ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.
If, in connection with a direct deposit plan, we deposit any amount in this account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from this account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt you owe us now or in the future, by any of you having the right of withdrawal, to the extent of such persons’ or legal entity’s right to withdraw. If the debt arises from a note, “any due and payable debt” includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set off, including any balance the due date for which we properly accelerate under the note.
This right of set-off does not apply to this account if: (a) it is an Individual Retirement Account or other tax-deferred retirement account, or (b) the debt is created by a consumer credit transaction under a credit card plan, or the debtor’s right of withdrawal arises only in a representative capacity. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of set-off.
We are not required to honor any restrictive legend on checks you write unless we have agreed in writing to the restriction. Examples of restrictive legends are “must be presented within 90 days” or “not valid for more than $1000.00.”