You may also authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to: (i) pay for purchases, or (ii) pay bills. We will not be liable for any consequential or special losses or damages unless we act in bad faith. If you opt into this service we will also consider paying your everyday one-time debit card and ATM transactions. I hope this helps! Likewise, we have a right to reject any Funds Transfer Request(s) for an outgoing Funds Transfer for reasons including, but not limited to, insufficient or uncollected funds in the account specified in the Funds Transfer Request, a request that fails the security procedures outlined in Section 4, our inability to execute the Funds Transfer for the reasons set out in the Section of this Agreement entitled Method Used to Make the Funds Transfer above, or if we are unable to verify the authenticity of the Funds Transfer Request. If you exceed the transaction limitations applicable to your account three (3) times in any twelve-month period you agree that we may convert your savings or money market account to an account that is not subject to federal transaction limits (a “transaction account”). Written stop payment orders expire after six (6) months. If you do not supply us with an intermediary bank, we will select one of our choosing. If you request us to research and/or reproduce any of your records (statements, checks, deposits, withdrawals, etc.) Death or Incompetence. offices. Wire and ACH Transfers. We use the latest online security available to make sure your good name stays good. (Note: Your Platinum Debit Card or your Business Debit Card is not a MasterCard credit card, and this Agreement does not replace or affect any MasterCard account agreement that you may have with us or any other financial institution.). In the event we report your account to a check verification system, you acknowledge that even if you pay us all amounts owed, we are not required to remove an accurate report of account mishandling from any such check verification system. These protection systems are designed to block transactions that occur outside of our customers’ ordinary transaction patterns and may block transactions originating in countries that are experiencing a high incidence of card fraud. Crediting of Deposits. We may rely on all information contained in the Funds Transfer Request, regardless of who may have provided the information. PO Box 85039 (If we are required to provide this notice, you may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.). If the information required to complete the report is not provided, we are required to refuse to process the transaction. Capital One 360 $400 Checking Bonus. We are not responsible for paying items against deposits made the same day the items are presented for payment. Different limits may be assigned on a case-by-case basis. Your account may also be debited for any special fees incurred in processing items for collection. Within sixty (60) days after your statement is postmarked or made available to you, or account transaction history is made available to you through Online Banking, you must notify us in writing of any errors, discrepancies or irregularities, including but not limited to, unauthorized signature, alterations, improper charges, unauthorized transfers or withdrawal of funds, nonreceipt of an expected statement, or that any deposit was not properly credited to your account. Deposits: Each co-owner authorizes the other co-owners to endorse for deposit into the account any item payable to any or all of the co-owners, and you expressly authorize us to supply the endorsement of any co-owner necessary for such deposit. Plus, we take extra steps to make sure you get the latest updates. This right of set off does not apply if the debt is created under a consumer credit card plan. These Rules Governing Deposit Accounts (herein after referred to as “Rules”), as well as other agreements that are provided to you separately, as may be amended from time to time, constitute the deposit contract which governs all deposit accounts with Capital One Bank. All checks, withdrawals and other debits will be paid from the DDA sub-account. FDIC deposit insurance does not insure against any loss due to foreign currency fluctuations. When deciding to pay debit transactions that cause an overdraft, we consider a variety of factors, including the size of the transaction, whether your account is in good standing and/or your history with us, including whether you’ve previously had too many overdrafts on your account(s). How to Make a Funds Transfer: You may request or authorize a Funds Transfer (“Funds Transfer Request”) either in person, through our Telephone Wire Request Service, or strictly for an outbound international wire from a business account, by email. The caption headings in these Rules are for convenience purposes only and are not to be construed as a summary of each provision of these Rules. What are my rights regarding substitute checks? We will not pay withdrawals to third parties. Automated Teller Machine (“ATM”) transactions. You must inspect your statement and any cancelled checks promptly after they are made available to you. We may continue to honor checks and withdrawal requests by any co-owner without liability to any other co-owner unless we receive written notice signed by one of you not to honor checks or withdrawals against the joint account. Special provisions relating to wire transfers are set forth in our Wire Transfer Agreement and Disclosure, provided to you at account opening and available at any of our banking offices. We may also request subsequent consumer (credit) reports for all legitimate purposes in connection with updating, renewing, reviewing, modifying, and/or taking collection action on your account(s). If any provision of these Rules is deemed to be invalid or unenforceable, such invalidity or unenforceability will not affect the validity and enforceability of the remaining provisions of these Rules or of any agreements, disclosures or other documents incorporated by reference herein. Citibank, for instance, allows for an increased same-day deposit availability depending on the age of the account, as noted by a representative, “The same-day deposit availability increases … This section applies to consumer accounts. Checks Presented Over The Counter For Payment By a Non-Customer. After we have processed any credits to your account, we will process debits. C. Online Banking External Funds Transfer Limitation: You may enroll in online banking to perform electronic transfers. If you have received a Wealth Management debit card or a Deposit Only ATM card, please refer to the documentation you received when you opened your account for details about limits for these cards. You have a responsibility to review your account statement in a timely manner and to notify us promptly of any errors. We may make use of correspondents, agents, subagents and funds transfer and communication systems. This allows us to post the debit closer to the time you actually made the debit transaction instead of by dollar amount. Power of attorney is a legal arrangement in which a person (the principal), authorizes another person (the agent/ attorney(s)-in-fact) to act on his or her behalf with respect to certain matters. If a temporary credit is reversed or an item is charged back to your account, a fee may be deducted from the account, together with any interest earned on the amount of the item. You are solely responsible for meeting the requirements for establishing your account as a POD, including any titling requirements. Online Account Consolidation Disclosure. Apple Pay is a trademark of Apple Inc. and may not be available for use on all Capital One debit, 360, or credit card accounts. The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. If, through no fault of ours, you do not have enough money in your account to make the transfer; B. if we have terminated this Agreement for any reason; C. if the funds in your designated accounts are subject to legal process or other encumbrance restricting the transaction; D. if circumstances beyond our control (such as fire or flood) prevent the transaction from being completed despite reasonable precautions that we have taken; E. if an ATM does not have enough cash to complete the transaction; F. if there is a technical malfunction in the ATM that is known to you when you try to perform the transaction; G. if we have reason to believe that you or someone else is using our electronic banking services for fraudulent or illegal purposes; H. if you exceed the transfer limits listed in Section 4, "Limitations on Transactions," of this Agreement; I. if your ATM/Debit Card has deteriorated or has been damaged so that it does not function properly; J. if your ATM/Debit Card or PIN has been reported lost or stolen; K. if the transfer would exceed the available credit on your overdraft line of credit. Withdrawals from an ATM outside of the United States, Puerto Rico, and U.S. Virgin Islands may incur an international transaction fee, as disclosed in our then current Schedule of Fees and Charges. Uniform Transfers to Minors — This type of account is established pursuant to the Uniform Transfers/Gifts to Minors Act in effect in the state where the account is opened and maintained, as may be amended from time to time. You may also check the balance in your designated accounts via our telephone or online banking service. Go to the Capital One Mobile app and select your account. For some debits, we will know the time you made the transaction. Additionally, this Capital One Spark Business Checking account will also have the benefit of next-day funds availability—meaning most of your deposits will be available the very next day. Facsimile Signature/System-Generated Signatures. Federal holidays or other days we are closed are not considered business days. Here is an example of how that could happen: You’re enrolled in our optional overdraft service. Even though we may have provided you account opening disclosures in a language other than English, we may continue to provide you with notices/communications in English. A multiple-signature requirement is for your internal control purposes. Each time you use your ATM/Debit Card, we may place a hold on a corresponding amount of funds in your account until the transaction is posted against your account. Please remember that even after we have made deposited funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or other legal representative of your estate or person. Each co-owner owns his/her net contribution to such account. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error so that you will have full use of the money during the time it takes us to complete our investigation. ATM Deposit If you live near a Capital One Café or Capital One Bank location, you can make a check deposit at the ATM at that location. Duty of Reasonable Care: We shall exercise good faith and reasonable care in processing Funds Transfer Requests. Failure to do so will relieve us of any obligation to pay interest on the amount of an unauthorized or erroneous Funds Transfer for which we are liable. You should only provide your financial institution and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate electronic fund transfers. Most banks will generally provide the depositor with at least $200 for immediate availability after a check deposit is made. You or any one of the signers on your account may request us to stop payment on a check written on your account by providing us with the account number, the date of the check, the check number, the exact amount of the check, and the name of the person to whom the check was made payable. Everything else from lowest dollar amount to highest. We will also endeavor to notify you promptly if a Funds Transfer is returned to us after its execution but shall have no liability by reason of our delay or failure to do so. Rejection of Funds Transfer: We have no responsibility to accept any incoming Funds Transfer(s) for your benefit. Sign in and tap your checking or savings account. Termination of Agreement: We may terminate the right to make Funds Transfers at any time or amend or change the terms of this Agreement or cancel this Agreement without advance notice to you. Learn more about FDIC insurance coverage. Click on “Deposit” next to the camera icon. All returned foreign checks will be charged back to your account at the rate used when initially credited and may be subject to a return fee and foreign bank charge (if applicable). Notwithstanding the foregoing, you agree to hold us harmless if we pay a Stale Check. If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. Any such attachment, garnishment, levy or seizure is subject to our right of offset. Check deposits typically post on the same day you deposit, but your bank might only make the first $200 of your check available within one or two business days. Each correspondent will be liable only for its own negligence. If the preauthorization request varies from the amount of the actual transaction, payment of the transaction may not remove the preauthorization hold immediately. Feel free to give us a call at 1-877-442-3764 between 7 a.m. and 11 p.m. This provision supplements those agreements. We may set-off your account at any time whether or not you are then in default in making payment to us, and we may exercise our right of set-off without liability to you even if it results in an interest penalty or dishonor of subsequent checks and other items with respect to your account. Your cooperation may include, but not be limited to, providing us with an affidavit containing whatever reasonable information we require concerning your account, the transaction and the circumstances surrounding the loss. Our right to set-off your account is in addition to any other rights and remedies that we may have under law or under any other contractual agreement. If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business day after the day we receive your deposit. (5) The confirmation code or number of the transaction. If this happens, you may be charged a fee if we pay that transaction into overdraft. Once funds are available, you may withdraw the funds in cash, and we will use the funds to pay checks that you have written. Trust — An account established pursuant to a written trust agreement. Please consult our EFT Disclosure for the rules and regulations regarding telephone transfers and the limits of our liability. Then, we process those debits within each category in a specific order such as by dollar amount. At certain ATMs, cash withdrawals may only be made from your primary savings and primary checking account. Unless your Account Disclosures provide otherwise, you may make any number of withdrawals from your account in person or at any ATM; provided that you do not exceed daily ATM cash withdrawal limits. (hereafter referred to as “Capital One Bank,” “we,” “us,” or “our”). Notices: All notices from us will be effective when we have e-mailed them, mailed them or delivered them to the last address that we have for you in our records. If you wish to access additional accounts or change your primary accounts, please contact your banking officer. You further agree that we may pay such monies to the appropriate legal, regulatory or governmental authority, if and when required by law. These include, but are not limited to, the following: A. As long as you maintain your unique log in credentials, you will have access to view all of your individual accounts and shared accounts. B. First, we group any similar types of debits (like all checks) together into separate categories. Liability. Telephoning is the best way of keeping your possible losses down. This fee waiver is based on your total overdraft balance and not the amount of the transactions. Checks drawn from another Capital One, N.A. If an error is discovered in the amount of your deposit, we will adjust your account and notify you of the correction. If you wish to alter the form of an account, the altered form must be an account offered by Capital One Bank and written notice must be made by the proper completion of a document approved by Capital One Bank and delivery of that document to us. Federal Regulations pertaining to savings accounts (including savings accounts with check writing privileges and money market accounts) allow no more than six (6) transfers per monthly service charge cycle to a third party or to another account of the depositor at Capital One Bank by means of preauthorized, automatic, telephone or online transfers. Notices from you will generally be effective when received at the appropriate address specified in this Agreement, but notices under Section 14 ("Liability for Unauthorized Transfers on Consumer Accounts Only") will be effective once you have done whatever is reasonably necessary to give us the information we need. We can deduct our fees for handling wire/ACH transfers from the amount of the transfer. In the event mail we attempt to deliver to you is returned as a result of your failure to notify us of your change in address, we may charge a fee to your account in accordance with our Schedule of Fees and Charges. International Funds Transfer: For commercial transactions involving an international Funds Transfer (also known as a “remittance transfer”), you are responsible for providing us with the name and address of an intermediary bank at the time of the Funds Transfer. We do not charge a fee for this transaction because your account balance is positive. Power of Attorney. If your account is overdrawn by more than $5.00, a fee will be charged on each overdraft transaction, regardless of the amount. You may not stop payment on a check that is used to purchase a Cashier’s Check, on the purchased Cashier’s Check (except as otherwise provided by applicable law), or on any item that has already cleared or has been paid. Change in Authorized Representative: Any changes in the authority of persons authorized to make a Funds Transfer on your behalf shall not be binding upon us until we have received written notice from you. Cashier’s, certified or teller’s checks if they are payable to you and you request next day availability when making the deposit at the teller line. You further agree to notify law enforcement authorities of any criminal act related to the claim. You further agree that we shall not be deemed to have failed to exercise ordinary care in paying an item solely because our procedures do not require us to perform a sight examination of items with a face amount below a threshold level established by us from time to time. Such third parties shall be deemed your agents and we shall not be liable for any errors, delay, misdelivery, or failure of delivery by any of them unless applicable law says otherwise. Sometimes the preauthorization requests may be in amounts different from the total amount of the transaction. If you requested access to multiple accounts, you chose one checking account and one savings account as your primary checking and savings accounts. You authorize us to recognize the signature, oral or electronic instruction of any co-owner for withdrawals, payments or funds transfer. Liability of the Customer: Except as otherwise provided by law, you shall be liable for any loss or damage to which your negligence contributed or which resulted in unauthorized, fraudulent or dishonest acts by your current and/or former Authorized Representatives. A copy of the substitute check and/or the following information to help us identify the substitute check: the account number, the check number, the name of the person to whom you wrote the check, the date paid, and the amount of the check. In accordance with general banking standards, we have adopted automated collection and payment systems which rely on information encoded onto each check in magnetic ink. In any case, you will get the statement at least quarterly. We will be protected from liability for all payments made from the multiple party deposit account, when made in accordance with applicable law. You shall bear all risk of loss due to fluctuation in the currency exchange rate. We reserve the right to hold funds in the account until we receive documentation satisfactory to us, proving death and/or directing the disposition of such funds. There is no limit on the number of transactions that may be completed. We reserve the right to waive any one or more of our rights hereunder in our sole discretion, however, any such waiver shall only apply to that specific instance. If you are declined for a Capital One credit card, you might receive a copy of your denial letter online. Cancellation or Amendment of Funds Transfer: A. There is a deadline for each type of Funds Transfer Request. We will attempt to communicate with you only by use of the most recent address you have provided to us. Indemnification: In consideration of Capital One Bank agreeing to accept Funds Transfer Requests in the manner set forth herein, you shall forever indemnify and hold Capital One Bank, its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers, harmless from and against all liability, claims, damages, costs, claims or expenses (including reasonable attorneys' fees) that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to the matters set forth herein, or to the Funds Transfer Service, which shall be provided pursuant to the terms of this Agreement. Therefore, if your account is overdrawn by $5.00 or more, a fee will be charged on each overdraft transaction (up to four) regardless of the amount of the transaction. Governing Law/Waiver of Jury Trial. You further agree that if we elect to pay overdraft items, you must deposit additional funds into your designated account immediately in an amount sufficient to cover the overdraft and to pay us overdraft fees for each overdraft item in accordance with our then current Schedule of Fees and Charges. We will post credits from the highest to lowest dollar amount, regardless of the order in which we receive or process them. If your deposit of these checks (other than a U.S. Treasury Check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit. If that’s not enough, Capital One checking accounts also currently earn 0.10% APY for all account balances. Open a new 360 Performance Savings account by June 10, 2020, using promo code SCORE500. We reserve the right to return and/or refuse to pay any check, in-person withdrawal, ATM withdrawal or other electronic item or instruction which is presented for payment against uncollected/held funds. We may accept payments and/or deposits through the use of an “envelope depository” (a “drop” receptacle into which envelopes may be placed during business and nonbusiness hours). We may continue to honor your checks, items and instructions until (a) we know of your death or legal incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. B. B. A consumer account is an account held by an individual and used primarily for personal, family, or household purposes. At any time before final payment (as defined in the Uniform Commercial Code) we may return any check, draft, image, negotiable order of withdrawal, electronic debit or other item presented for payment against your account when there are insufficient available funds in your account to pay the item or if for some other reason the item is not good or payable. Your periodic account statement(s) for your designated accounts will also detail electronic transfer activity on the designated account. Examples of restrictive legends placed on checks are “must be presented within 90 days” or “not valid for more than $1000.00”. Capital One, N.A. If you provide your ATM card or ATM/Debit card and personal access code to a third party, you have authorized the third party to withdraw funds from your account at a teller window, ATM machine or point of sale terminal. Flip over to the back, make sure you’ve signed the check before taking a picture. We may limit the number of accounts that can be linked to an ATM/Debit Card. If there is more than one joint owner, the rights of survivorship will continue between the surviving joint owners. Taxpayer Identification Number. You must also provide us with new completed signature cards within thirty (30) days from the date you forwarded written notice to us. We may do so at any time and without prior notice to you. If you believe that an unauthorized transaction has occurred, we must hear from you within twenty four (24) hours of the time the transaction posts to your account. Notice of Withdrawal. We will determine whether an error occurred within 90 days after you contact us and report the results to you within three (3) business days of completing our investigation. Limitations on Transactions: There are certain limitations on the use of electronic banking services. account will be available the next business day. Find out if … You may also use your ATM/Debit Card to complete transactions at non-Capital One Bank ATMs that are members of the EFT networks in which we participate. You agree further, that except as otherwise provided by applicable law, IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ATTORNEY’S FEES INCURRED BY YOU, REGARDLESS OF THE FORM OF THE ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that we shall be not be liable for acting upon your instructions or failing to act upon your instructions when we reasonably believe that doing so would expose us to civil or criminal liability or conflict with industry standard banking practices. The remaining amount should be available for use after a few business days. At non-Capital One Bank ATMs, you may only make balance inquiries on your designated primary checking or savings account. 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