Common use of Statements Clause in Contracts

Statements. Subject to applicable law, we will send or make available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is due.

Appears in 20 contracts

Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement

Statements. Subject You agree to applicable law, we will send promptly examine and reconcile your paper or make electronic periodic statement upon receipt or within 30 days from when the statement is first sent or made available to you monthly statements and to notify us immediately by telephone or by email of account any discrepancy between the statement and your records. If you fail to do so, you may have to either bear the loss yourself or share the loss with us (called statements) depending on whether we used appropriate care and/or whether we in any significant way contributed to the loss). For consumer accounts, you are afforded specific protections under Regulation E for each billing period during which there transactions that are any charges defined as electronic fund transfers. Any electronic fund transfer you believe was unauthorized or a balance owing processed in error must be reported to us no later than 60 days after we sent or made available to you the first statement on which the problem or error appeared. For additional information about Regulation E and electronic fund transfers to or from consumer accounts, see the section in this Agreement titled: “ELECTRONIC FUND TRANSFERS AND RELATED DISCLOSURES FOR CONSUMER/PERSONAL ACCOUNTS.” If you fail to discover or notify us of any unauthorized signature, forgery or alteration on the face or back of the check or any unauthorized draft or similar item that is not defined as an electronic fund transfer (covered separately in this Agreement for consumer/personal accounts) on your account within 30 days after the first statement on which the transaction appeared is made available to you, you cannot make any claim against us with respect to the check, draft, or item. In addition, we are not liable for an item that has been forged or altered in such a way that a reasonable person could not discover the forgery or alteration. You are in the best position to detect an unauthorized signature, a forged endorsement, a material alteration, an unauthorized paper draft or any unauthorized item on your account. Each statement will show important If you notify us of an unauthorized signature, forgery or alteration on the face or back of any check, any unauthorized paper draft, or any unauthorized item on your account within the time period required by the terms of this disclosure, we may investigate your claim for up to 60 days after receipt from you of all information about we may request from you regarding such claim. During any investigation of your claim of any unauthorized signature, forgery, alteration, unauthorized paper draft, or unauthorized item that is not defined as an electronic fund transfer with respect to your account, we may elect to freeze or not credit you for the amount of such as the outstanding balance on the last day item(s) until we have completed our investigation. We are not responsible for any temporary unavailability of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If funds in your account is seriously overdue or you have a credit balanceduring the time in which the disputed item(s) are under investigation. This includes forged checks, we may stop sending you statements. Always check each statement for accuracy unauthorized paper drafts and contact us unauthorized items not defined as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueelectronic fund transfers.

Appears in 4 contracts

Sources: Account Agreement, Account Agreement, Account Agreement

Statements. Subject to applicable law, we will send or make available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is due.

Appears in 4 contracts

Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement

Statements. Subject to applicable law, we We will send or make available to provide you monthly statements of with an AIR MILES summary accompanying your card account (called statements) for each billing period statement which will usually provide the total Miles earned during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called covered by your card account statement. Notwithstanding the new balance)provisions contained in these terms and conditions, we reserve the minimum payment dueright to provide you with an AIR MILES summary that may not match the dates of your card account statement. In this event, Miles on eligible purchases posted to your card account after the payment due date of the summary will be earned and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or reflected on a subsequent AIR MILES summary unless you have a credit balance, we may stop sending you statementsMissed Payment. Always check each statement Miles cannot be redeemed until they are issued and recorded in the Collector account by LoyaltyOne. Purchases that are qualified for accuracy and contact us as soon as possible if you need more information about a charge different earn rate at eligible Partners will be identified on any your card account statement. If you have All questions or disputes regarding eligibility of a complaint card account or problem with your statement eligibility of purchases to earn Miles, earn rates or any charge on iteligible Partners will be resolved by us in our sole discretion. All discrepancies regarding Miles, inform us immediately but in any event you should contact us earn rates and eligible Partners must be brought to our attention within 21 days of the closing date shown on your statementthe AIR MILES summary on which the Miles are first recorded or the card account statement on which the purchases are first recorded. If you do not inform us in a timely mannerOtherwise, the AIR MILES summary and any identification of earn rates or eligible Partners on the card account statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us Miles in respect of which you received an improper or unfair benefit pursuant to these terms and conditions. If applicable, any item identification of the earn rate that applies to eligible Partners on the statementAIR MILES summary accompanying your card account statement and on your card account statement does not constitute a representation that those merchant Partners participate in the Program. If we requestFor example, you agree due to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that system limitations, at our sole discretion we may stop sending paper statements. You agree use the earn rate that any specific terms about online statements applies to eligible Partners to calculate Miles in respect of purchases, returns and adjustments made at certain merchants that we provide to you will apply and form part of this agreement. If you do not receive a statement participate in any monththe Program. However, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose we are not obligated to use this featurethe earn rate that applies to eligible Partners for merchants that do not participate in the Program even if we have done so on any previous occasions. Miles do not constitute property of the cardmember and cannot be assigned, we must still receive traded, willed, transferred to another cardmember or to another card account or otherwise transferred other than with our consent and/or with the consent of LoyaltyOne, which consent may be withheld at least the minimum payment amount indicated on your statementour or LoyaltyOne’s sole discretion. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject Before Miles are transferred to a limit (Collector account, our consent is required. After Miles are transferred to a Collector account, LoyaltyOne’s consent is required. Miles have no cash or monetary value. Cardmembers are solely responsible for determination of any tax liability related to Miles or participation in the “flexible payment option limit”) Program. We make no representations about the current or future tax consequences to cardmembers of participation in the Program. Additional fees and any billed balance above this limit will become due other charges apply or may be imposed in fullrespect of the Program, the redemption of Miles and will be included as part of goods and services supplied or requested in connection with the Program. All such fees and other charges from time to time are solely your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueresponsibility.

Appears in 4 contracts

Sources: Cardmember Agreement, Cardmember Agreement, Cardmember Agreement

Statements. Subject to applicable lawIf the Credit Union provides a periodic statement for your account(s), we you will send receive a periodic statement from us, or make available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day notice of the billing availability of your statement describing all activity on your account(s) during the statement period (called the new balance), the minimum payment due, the payment due date and will include charges made as required by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statementlaw. If you have a complaint or problem with joint account, we are only required to provide one periodic statement to any of the account owners. If you have elected to receive your statement electronically, you will be sent a notice via e-mail that will direct you to a site where you may access your statement as otherwise agreed. E-mails from us will be sent to the e-mail address provided by any owner. Statements will be provided to the fiduciary upon any trust, custodial or any charge other fiduciary or representative account and the requirements of this section will be binding on it, inform all parties in interest with regard to such accounts pursuant to such delivery. Contact us immediately but in any event if you should contact us within 21 days of the closing date shown on do not receive your regular statement. If you do not inform receive or have any problem accessing a periodic statement, you agree to notify us in a timely manner, writing within fourteen (14) calendar days of the date that the statement is usually sent or made available by us. If you do not so notify us, you will be considered accurate except deemed to have received the statement for any amount which has been improperly credited all purposes. Copies will be retained by the Credit Union and made available upon your request and subject to the account and fee set forth in the Fee Schedule. AS USED IN THIS SECTION, THE TERM “PROBLEM” MEANS ANY ERROR, ALTERATION, COUNTERFEIT CHECK, OR UNAUTHORIZED TRANSACTION (INCLUDING, BUT NOT LIMITED TO, FORGED OR MISSING SIGNATURES AND EXCLUDING CONSUMER ELECTRONIC BANKING TRANSACTIONS) RELATED TO YOUR ACCOUNT. BECAUSE YOU ARE IN THE BEST POSITION TO DISCOVER ANY PROBLEM, YOU AGREE THAT IT IS YOUR DUTY TO PROMPTLY EXAMINE YOUR STATEMENT AND REPORT TO US ANY PROBLEM ON OR RELATED TO YOUR STATEMENT. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY PROBLEM THAT (1) YOU DO NOT REPORT TO US IN WRITING WITHIN A REASONABLE TIME NOT TO EXCEED THIRTY (30) CALENDAR DAYS AFTER THE STATEMENT DATE (OR MAKE THE STATEMENT AVAILABLE TO YOU); (2) RESULTS FROM A FORGERY, COUNTERFEIT OR ALTERATION SO CLEVER THAT A REASONABLE PERSON CANNOT DETECT IT (FOR EXAMPLE, UNAUTHORIZED CHECKS MADE WITH YOUR FACSIMILE OR OTHER MECHANICAL SIGNATURE DEVICE OR THAT LOOK TO AN AVERAGE PERSON AS IF THEY CONTAIN AN AUTHORIZED SIGNATURE); OR (3) AS OTHERWISE PROVIDED BY LAW OR REGULATION. YOU AGREE THAT THIS 30-DAY PERIOD TO EXAMINE YOUR STATEMENT AND REPORT PROBLEMS TO US ARE WITHOUT REGARD TO OUR LEVEL OF CARE OR THE COMMERCIAL REASONABLENESS OF OUR PRACTICES, AND WITHOUT REGARD TO WHETHER CANCELLED CHECKS ARE SUPPLIED TO YOU. You agree to waive any rights to recovery you may have against us if you do not later provide notice to us in the manner and within the time required by this Membership Agreement. You may not start a legal action against us because of any problem unless: (a) you have given us the above notice; and (b) the legal action begins within one (1) year after we send or make your statement available to you. If you make a claim against us in respect connection with a problem, we reserve the right to conduct a reasonable investigation before crediting your account and you agree to fully cooperate in such investigation. Within thirty (30) calendar days of any item on the statement. If we requeststatement date, you agree to promptly complete and return an affidavit of fraud and forgery on the form we provide us you along with written confirmation of your complaint or problemany other information we may request. You further agree to file a police report if we request. If you enroll in online statements refuse to sign such an affidavit or fail to return the affidavit and other requested documentation within thirty (30) calendar days of the statement date, you agree that we may stop sending paper statementsconsider the matter resolved and reverse any provisional credit provided. You agree that any specific terms about online statements that At our sole discretion, we provide may, but are not obligated to, provisionally credit your account during the investigation for all or a portion of the amount claimed. Any provisional credit to your account may be reversed if you will apply and form part of this agreement. If you do not receive a statement fail to fully cooperate in any monthour investigation or, for example if as a result of postal delay or interruptionour investigation, you must contact us we determine that the charge to check what payment is due and the due dateyour account was proper. The flexible payment option is a feature that allows you You agree to pay any fees assessed or accrued against your account during the investigation or that may arise upon reversal of any provisional credit. Notwithstanding the foregoing, the time period for notifying us or making a portion of your balance over timeclaim under the Check 21 Act, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject with respect to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in fullsubstitute check or an image of a substitute check that is sent with a statement or that appears on a statement, and will be included as part of your required minimum payment amount. Please see set forth in the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueCheck 21 Act.

Appears in 3 contracts

Sources: Membership, Account, and Account Services Agreement, Membership, Account, and Account Services Agreement, Membership, Account, and Account Services Agreement

Statements. Subject to applicable lawWith certain exceptions, we will send or make account statements available to you monthly statements account holders and, if requested, imaged copies of account (called statements) for each billing period during which there are any charges or a balance owing to us on the items paid from your account. Each statement will show important information about your account, such as the outstanding balance on Statements are normally sent to the last day of the billing period (called the new balance), the minimum payment due, the payment due date address listed with us for your account and will include charges made by you and any supplementary cardmembersagree to promptly examine your statements as soon as we make them available to you. If your account is seriously overdue or you have a credit balanceask us to hold statements and notices for you, we may stop sending mail them to you statementsor destroy them if they are not picked up within thirty (30) days. Always check each statement If imaged items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you with a copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item after it is paid. You assume full responsibility for accuracy monitoring and contact reviewing your account activity. You agree to notify us as soon as possible promptly if you need more information about a charge on any statement. If you have a complaint think there is an error or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date an unauthorized transaction shown on your statement, including, forgeries, alterations or unauthorized items. If you do not inform fail to notify us in a timely mannerpromptly, but no later than sixty (60) days following the statement will be considered accurate except for mailing date or the date we make the statement available to you, then you agree that you cannot assert any amount which has been improperly credited to the account error, problem or unauthorized transaction or forged, altered or unauthorized item against us and you may become responsible for the losses resulting from such failure. This notification requirement is without regard to whether we did or did not later make a claim use ordinary care and does not otherwise restrict any right we have under law or other agreements with you. You further agree that if you fail to follow our notification procedures then you are precluded from asserting against us in respect of any subsequent forged, altered or unauthorized item on from the statementsame wrongdoer. (Note: Different notification and liability rules apply to certain electronic fund transfers. See the “Electronic Fund Transfers” section.) If we requestyou suspect a problem with a substitute check, you agree to promptly provide notify us with written confirmation of your complaint or problemsuspicions. If For these purposes, the terms “consumer” and “substitute check” are used as defined in the Federal Reserve Board’s Regulation CC. See the “Substitute Checks and Your Rights” disclosure in this Agreement for information on rights you enroll in online statements you agree that we may stop sending paper statementshave with respect to substitute checks. You agree that any specific terms about online statements that we provide These requirements do not apply to you will apply and form part personal account transactions covered by the Electronic Fund Transfer Service Act. Please see the Electronic Fund Transfer section of this agreementAgreement for more details. If you do not receive a statement in your scheduled statement, it is your obligation to promptly notify the Bank of that fact. Statements and notices sent or made available to any month, for example as a result of postal delay or interruption, you must contact us are deemed to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion be received by all of your balance over time, subject to the conditions set out in this agreementyou. If we hold them at your request or because you choose fail to use this featureprovide us with a current address, they will be deemed delivered to you when they are prepared (for held statements), mailed (for returned mail) or otherwise made available to you (e.g., at a website or email address if you have agreed to electronic communications). We may hold statements if the Post Office notifies us that your mail is undeliverable. At our discretion, we must still receive at least the minimum payment amount indicated on your statementmay destroy mail that is returned to us or determined to be undeliverable. If We may deny a claim for monetary loss due to forged, altered or unauthorized checks if you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section fail to follow any of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duethese procedures.

Appears in 3 contracts

Sources: Personal Account Agreement, Personal Account Agreement, Personal Account Agreement

Statements. Subject By default, you will receive paper versions of your account statements. You agree to applicable law, we will send notify us promptly if you change your address or make available to if you monthly statements of account (called statements) for each billing period during which believe there are any charges errors or a balance owing unauthorized transactions on any statement or in any statement information. From time to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balancetime, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge include notifications on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on regarding changes that may affect your statementaccount. If you do not inform us It is your responsibility to review your statements in a timely manner, . You have the statement will be considered accurate except option to receive electronic statements (eStatements). Enrollment for any amount which has been improperly credited to the account eStatements is not required and you may not later make a claim against us must separately enroll in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problemeStatements for each account. If you enroll in eStatements, you will also receive electronic versions of any notices that may be periodically provided with your account statements. For example, important annual disclosures that are normally provided with your paper statements will now be delivered to you electronically, along with your eStatements. Any account owner may enroll in eStatements for accounts in which they have an ownership interest. If an account has multiple owners, the enrolled account will no longer appear on any paper statement, but it will be available to all owners who use Online Banking. If you were receiving information for multiple accounts on your paper statement, please be aware that after eStatement enrollment, you will begin to receive a separate eStatement for each account that is registered. When you enroll for eStatements, you agree to receive online statements in lieu of paper statements. You agree to provide a valid email address so that you will receive email notifications when your eStatements are available online. You agree that the eStatements availability email constitutes the date of delivery of such eStatement. The statute of limitations regarding claims related to any items disclosed in a particular eStatement begins on the date we notify you that an eStatement is available. Any failure to access, view, print and/or save an e-statement will not impact the statute of limitations. Generally, the cycle time for your eStatements will be the same frequency as your paper statements. When you start receiving eStatements, you will begin to build a rolling two-year electronic document history that will be available within Online Banking. Contact us to request a paper copy of any disclosure, notice or other document. Reverting to paper delivery, requesting copies of previously issued account statements, and requesting copies of checks or other account-specific items may incur a fee. Refer to our Products & Services brochure. You are responsible for downloading and saving your electronic documents for your own purposes. If you close an account, you will no longer have online access to the closed account or the associated electronic documents. Your final account statement will be produced on paper and mailed to you. You can request a paper copy of any past statement by contacting us. Fees may apply, according to our Products & Services brochure. There is currently no fee for our Online Banking service but that may be subject to change. The Bank reserves the right to charge you for research time involving payments no longer available in your payment history screen. You will be informed of any such charges before they are incurred. Please refer to our Products & Services brochure for a list of our current fees. If you would like to receive a brochure or have any questions regarding our fees, please contact us at ▇▇▇-▇▇▇-▇▇▇▇. See our separate Privacy Policy Notice for more information about how we use customer information and your choices. If you instruct us to make a transfer and you do not have a sufficient balance in the account from which you are making the transfer (including available credit under any overdraft line), we may refuse to complete the transaction. We may do this even if there are sufficient funds in accounts other than the one you were using to make the transfer. If we complete a transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction in the account from which the transfer is made, you agree that we may stop sending paper statementsreverse the transaction or offset the shortage with funds from any other account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any transfers you make or authorize. If we do not make a transfer, or if we reverse a transfer, because of insufficient funds, we are not required to make any further attempt to process the transfer or to notify you that the transfer has not been completed. You agree that any specific may be liable for a non-sufficient funds fee under the terms about online statements that we provide governing the account from which you made, or attempted to you will apply and form part of this agreement. If you do not receive a statement in any monthmake, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duetransfer.

Appears in 2 contracts

Sources: Online Banking Disclosure & Agreement, Online Banking Disclosure & Agreement

Statements. Subject to applicable law, we The bank will send or make available to you monthly statements a statement of account, which provides the check or item number, amount and date of payment for all checks or items paid from your account during the period of time covered by the statement of account. The Bank does not include original checks or items with your statement of account but provides an image copy of each check presented for payment during that statement cycle. You have the right to request an image of any check or item paid from your account and agree that the Bank has a right to destroy the original checks or items after 90 days from the date the checks or items are paid. You must examine your statement of account with “reasonable promptness.” If you discover (called statementsor reasonably should have discovered) for each billing period during which there are any charges unauthorized payments or a balance owing to alterations, you must promptly notify us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statementrelevant facts. If you fail to do either of these duties, you will have a complaint to either share the loss with us or problem bear the loss entirely yourself (depending on whether we exercised 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 must examine your statement and report to us will depend on the circumstances, but that such time will not, in any circumstance, exceed a total of 60 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 charge on it, inform us immediately but other errors in any event you should contact us your account within 21 60 days of the closing date shown on your statement. If you do not inform us in a timely manner, when we make the statement will be considered accurate except for any amount which has been improperly credited to the account and available, you may cannot later make assert a claim against us on any items in respect of any item on that statement, and the statementloss 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 previously stated in this paragraph. If we requestyou claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to promptly provide us with written confirmation an affidavit containing whatever reasonable information we require concerning your account, the transaction and the circumstances surrounding your claim. You also agree to make a report to the police and provide us with a copy of the report upon our request. Your statements and notices will be mailed to the last address we have on file for the account. If your signature card indicates that statements and notices are to be held by us, we may mail them to the last address on file for the account if they are not picked up in 60 days. You assume full responsibility for notices, vouchers, checks, items, statements, and other documents which are lost, destroyed or stolen while in the mail or in transit to or from you or a third party. You agree to promptly return any checks or other items to us which do not belong to you. If two consecutive statements and/or notices are returned to us by the Postal Service for any reason, we may hold subsequent statements and notices of every kind until we receive forwarding information from you and we may destroy such statements and notices if you do not claim them within five years from the date of the mailing. SAFEGUARDING BLANK CHECKS: You agree to safeguard your blank checks and to take reasonable steps to prevent unauthorized access to or use of your complaint or problemchecks. This means you will store them under proper control in a secure location. If you enroll in online statements are a business, you agree to store them in a secured, locked location accessible only to authorized signers. This also means you agree to regularly inspect your check supply to ensure that we may stop sending paper statementsno unauthorized removal of checks has occurred. You further agree to notify us immediately if one or more of your checks are lost or stolen. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any monthaccept all responsibility, including financial, for example any failure to properly safeguard your blank checks as a result of postal delay or interruption, you must contact us to check what payment is due described above in accordance with California Commercial Code 3406 and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueNevada Commercial Code Section 104.3406.

Appears in 2 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement

Statements. Subject to applicable law, we We will send or make available to provide you monthly statements of with an AIR MILES summary accompanying your card account (called statements) for each billing period statement which will usually provide the total Miles earned during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called covered by your card account statement. Notwithstanding the new balance)provisions contained in these terms and conditions, we reserve the minimum payment dueright to provide you with an AIR MILES summary that may not match the dates of your card account statement. In this event, ▇▇▇▇▇ on eligible purchases posted to your card account after the payment due date of the summary will be earned and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or reflected on a subsequent AIR MILES summary unless you have a credit balance, we may stop sending you statementsMissed Payment. Always check each statement ▇▇▇▇▇ cannot be redeemed until they are issued and recorded in the Collector account by LoyaltyOne. Purchases that are qualified for accuracy and contact us as soon as possible if you need more information about a charge different earn rate at eligible Partners will be identified on any your card account statement. If you have All questions or disputes regarding eligibility of a complaint card account or problem with your statement eligibility of purchases to earn Miles, earn rates or any charge on iteligible Partners will be resolved by us in our sole discretion. All discrepancies regarding ▇▇▇▇▇, inform us immediately but in any event you should contact us earn rates and eligible Partners must be brought to our attention within 21 days of the closing date shown on your statementthe AIR MILES summary on which the Miles are first recorded or the card account statement on which the purchases are first recorded. If you do not inform us in a timely mannerOtherwise, the AIR MILES summary and any identification of earn rates or eligible Partners on the card account statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us Miles in respect of which you received an improper or unfair benefit pursuant to these terms and conditions. If applicable, any item identification of the earn rate that applies to eligible Partners on the statementAIR MILES summary accompanying your card account statement and on your card account statement does not constitute a representation that those merchant Partners participate in the Program. If we requestFor example, you agree due to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that system limitations, at our sole discretion we may stop sending paper statements. You agree use the earn rate that any specific terms about online statements applies to eligible Partners to calculate Miles in respect of purchases, returns and adjustments made at certain merchants that we provide to you will apply and form part of this agreement. If you do not receive a statement participate in any monththe Program. However, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose we are not obligated to use this featurethe earn rate that applies to eligible Partners for merchants that do not participate in the Program even if we have done so on any previous occasions. Miles do not constitute property of the cardmember and cannot be assigned, we must still receive traded, willed, transferred to another cardmember or to another card account or otherwise transferred other than with our consent and/or with the consent of LoyaltyOne, which consent may be withheld at least the minimum payment amount indicated on your statementour or LoyaltyOne’s sole discretion. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject Before ▇▇▇▇▇ are transferred to a limit (Collector account, our consent is required. After ▇▇▇▇▇ are transferred to a Collector account, LoyaltyOne’s consent is required. Miles have no cash or monetary value. Cardmembers are solely responsible for determination of any tax liability related to Miles or participation in the “flexible payment option limit”) Program. We make no representations about the current or future tax consequences to cardmembers of participation in the Program. Additional fees and any billed balance above this limit will become due other charges apply or may be imposed in fullrespect of the Program, the redemption of Miles and will be included as part of goods and services supplied or requested in connection with the Program. All such fees and other charges from time to time are solely your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueresponsibility.

Appears in 2 contracts

Sources: Cardmember Agreement, Cardmember Agreement

Statements. Subject to applicable lawWith certain exceptions, we will send or make account statements available to you monthly account holders. You agree to promptly examine your statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if we make them available to you. If items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you need more information about with a charge on copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item afler it is paid. A “statement cycle” means the period covered by your account statement. If you have receive a complaint statement monthly, the monthly statement cycle may or problem with may not be a calendar month, but in most cases it won’t be more than 32 days or less than 28. The specific dates covered for your statement or any charge cycle will appear on ityour periodic statement. Savings accounts typically cycle on a quarterly basis. You assume full responsibility for monitoring and reviewing the activity of your account, inform including the work of your employees, agents, and accountants (as applicable). You agree to notify us immediately but in any event if you should contact us within 21 days of the closing date think there is an error or an unauthorized transaction shown on your statement, including, forgeries, alteration or unauthorized items. If you do not inform fail to notify us in a timely mannerpromptly, but no later than 30 calendar days following the statement will be considered accurate except for any amount which has been improperly credited mailing date or the date we make the statement available to the account and you may not later make a claim against us in respect of any item on the statement. If we requestyou, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements then you agree that we may stop sending paper statementsyou cannot assert any error, problem or unauthorized transaction or forged, altered or unauthorized item against us. You further agree that if you fail to notify us within a 30 calendar day period, then you are precluded from asserting against us the error, problem, unauthorized transaction or forged, altered or unauthorized item and any specific terms about online statements that subsequent forged, altered or unauthorized item from the same wrongdoer. This 30 calendar day limitation is without regard to whether we provide to you will apply did or did not use ordinary care and form part of this agreementdoes not otherwise restrict any right we have under law or other agreements with you. If you do not receive your scheduled statement, it is your obligation to notify the Bank of that fact. STOP PAYMENTS If you want to stop payment on a statement in any month, for example as a result of postal delay or interruptioncheck you have written, you may place a written stop payment order at a branch or contact Customer Service at ▇-▇▇▇-▇▇▇-▇▇▇▇ to stop payment before it is finally paid by us. Any authorized signer on the account may furnish a stop payment order. You must contact furnish us with the date, the check number, and the exact amount of the check and the name of the payee in order for us to check what stop payment is due and on the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreementitem. If you choose to use this featureprovide us with any incorrect information, we must still receive at least will not be responsible for our failure to stop payment on the minimum check. We will not be responsible for a stop payment amount indicated order if we do not have a reasonable opportunity to act on your statementit before final payment of the item. You may not stop payment on a check guaranteed by us. You may furnish the stop payment order orally or in writing. If you use this featuregive us an oral stop payment order, interest then it will apply. Please see the “Charge Card/Interest Charges” section of this agreement be effective for details on how interest is calculated and chargedfourteen (14) days. The flexible stop payment option order will expire at the end of fourteen (14) days unless you give us written notice of the stop payment order. We have a special form for this purpose. Upon confirming the order in writing, the order will remain in effect for six (6) months and must be renewed by you every six (6) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a fee for each stop payment order and renewal order requested. See Business Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any legal actions that we subsequently take against such persons. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, and hold us harmless from all costs (including attorneys’ fees), actions, damages, claims, and demands related to or arising from our action in stopping payment on the check. TAXPAYER IDENTIFICATION NUMBER We are required to obtain a taxpayer identification number (“TIN”) for each account you open or maintain with us. The taxpayer identification number for a business is usually an employer identification number (EIN). The taxpayer identification number for a sole proprietorship may be either a social security number (SSN) or an EIN. We must obtain this number even if you are not required to file tax returns. This number is included on reports we must file with state and federal tax authorities about interest we pay you. U.S. persons, including resident aliens may be required to complete a Form W-9 to certify their TIN and backup withholding status. To establish that you are not a U.S. citizen or other U.S. person (including a resident alien individual), we may require you to (among other things) complete a Form W-8. We may report interest in cases where it is not mandated for us to do so. We are not responsible for your action or inaction in selecting or completing a form, and no information in these matters that may be supplied by us to you should be relied upon by you. In all tax matters, you should consult your own tax advisor. You agree to notify us and submit a new Form W-9 or W-8, as applicable, within 30 days if any certification made on the form becomes incorrect. If you fail to provide your TIN and certify that it is correct, or if you fail to certify that you are not subject to backup withholding or if the IRS notifies us that you have furnished an incorrect taxpayer identification number, then federal tax rules may require us to re-solicit your TIN and/or withhold a limit (percentage of interest paid to you. We forward amounts withheld to the “flexible payment option limit”) and IRS. If there are any billed balance above this limit will become fines, penalties, or charges assessed upon us due in fullto any incorrect name/TIN mismatch or error not caused by us, you agree to reimburse us for the fine, penalty, or charge, and we may charge your account for the same. When an account earns interest, we may report the interest paid and the amount withheld to the IRS (and to the California Franchise Tax Board). You will receive a copy of the information reported to the tax authorities. TRANSFER AND ASSIGNMENT This account may not be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duenegotiated, transferred or assigned without our prior written consent.

Appears in 2 contracts

Sources: Business Deposit Account Agreement, Business Deposit Account Agreement

Statements. Subject 9.1 You may request for a statement or activity report in respect of your KCB/ Airtel Account from the Bank using your Mobile Phone(“KCB/ Airtel Mini Statement”). 9.2 A KCB/Airtel Mini Statement shall provide details of the last 5 (five) transactions (or such other number of transactions as determined by the Bank) in your KCB/Airtel Account initiated from your Mobile Phone. 9.3 A KCB/ Airtel Account Mini Statement shall not be sent to applicable law, we will send You in printed form but shall be delivered to You either by SMS to the Airtel mobile phone number associated with your Airtel Money Account or make available to you monthly statements such other electronic means as the Bank may in its discretion determine. You shall be responsible for the payment of account (called statements) for each billing period during which there are any charges levied by Airtel in delivering the KCB/Airtel Account Mini Statement to You. 9.4 You may obtain printed Mini Statements or a balance owing printed bank statement pertaining to us your KCB/ Airtel Account from the Bank. You shall be responsible for the payment of any charges levied by the Bank for such printed statements. You also hereby authorize the Bank to share your KCB/Airtel Account information with Airtel for this purpose. 9.5 Save for a manifest error, a KCB/Airtel Mini Statement or bank statement issued to You aforesaid in respect of your KCB/Airtel Account shall be conclusive evidence of the transactions carried out on your KCB/Airtel Account for the account. Each period covered in the KCB/Airtel Mini Statement and/or bank statement. 9.6 Your statement will show important information about all amounts added or taken from your account, such as KCB/Airtel Account during the outstanding balance on period requested and/or since the last day of previous statement. You must check your statement carefully and tell the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us Bank as soon as possible if you need more information about a charge on it includes any statement. If you have a complaint transaction or problem other entry which appears to You to be wrong or not made in accordance with your statement instructions. 9.7 The Bank reserves the right to rectify discrepancies, add and/or alter the entries in your statements, without prior notice to You. The Bank will however inform You of any rectification, additions and or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown alterations effected on your statement. If you do not inform us in statements within a timely manner, reasonable time after the statement changes are effected. 9.8 You will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect notified of any item all transactions on the statement. If we request, you agree to promptly provide us with written confirmation your KCB/Airtel Account by way of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due SMS and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in charges for this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and service will be included as part of debited to your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueKCB/Airtel Account.

Appears in 2 contracts

Sources: Terms and Conditions, Terms and Conditions

Statements. Subject to applicable law, we We will generally send or make available to you monthly statements one Statement for your Account at the end of account (called statements) for each billing period during which there are any charges or a balance owing to us on the accountBilling Cycle. Each statement The Statement will show important information about the activity on your accountCard and Account during the Billing Cycle and will tell you the New Balance you owe on your Account as of the closing date of the Billing Cycle, such as the outstanding balance on minimum payment due (“Minimum Payment”), and the Payment Due Date (which date is at least 21 days after the Statement closing date). The “closing date” is the last day of the Billing Cycle. All transactions that post to your Account after the closing date will appear on your next Statement. Please review each Statement carefully. Preservation of your rights under federal law regarding resolution of billing period (called errors depends upon your timely recognition of potential errors, as explained below in the new balance)Billing Rights section of this Agreement. Under certain circumstances, the minimum payment duelaw may not require us to send or make available to you a Statement, the payment due date and will include charges made by you and any supplementary cardmembersor may prohibit us from doing so. If your account is seriously overdue or you have a credit balancean event of default occurs under this Agreement, we may may, in our sole discretion, stop sending you statementsStatements if we deem your Account uncollectible or if we institute delinquency collection proceedings. Always check You must pay at least the Minimum Payment for each statement for accuracy and contact us as soon as possible if you need more information about a charge Billing Cycle by the Payment Due Date shown on each Statement. The Minimum Payment will be rounded to the nearest dollar. The Minimum Payment includes any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days amount past due plus whichever of the closing date shown following amounts are greater: ● $35.00 or the Account’s New Balance if the New Balance is less than $35.00. ● 1% of the New Balance on your statement. If billing statement plus the total we bill you do not inform us in a timely mannerduring the Billing Cycle for periodic finance charges, any annual fee, late fee, or penalty fee, or the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject that exceeds your credit limit. In addition to the conditions set out Minimum Payment, you may pay all or part of the total balance on your Account at any time without incurring any prepayment charge. You must always pay at least the Minimum Payment each Billing Cycle by each applicable Payment Due Date, even if you paid more than the Minimum Payment due in this agreementa previous Billing Cycle. Generally, credits to your Account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Minimum Payment. If your New Balance is not paid in full before the applicable Payment Due Date, finance charges will continue to accrue, even if you paid the Minimum Payment. If you choose to use this featureoverpay or if there is a credit balance on your Account, we must still receive at least the minimum payment amount indicated will not pay interest on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duesuch amounts.

Appears in 2 contracts

Sources: Cardholder Agreement, Cardholder Agreement

Statements. Subject You will receive a periodic statement of your account. When a periodic statement is provided, you agree that only one statement is necessary for multiple party accounts. For checking accounts, you understand that, when paid, your original check becomes property of the credit union and may not be returned to applicable lawyou, we but copies will send or make be retained by a payable through institution and made available at your request for a limited period of time as determined by the Credit Union. Statements are considered to have been made available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the accountdate they are mailed or made available online for you if you have opted out of receiving paper statements. Each You are responsible for examining each statement and reporting any irregularities to the credit union. The credit union will not be responsible for any forged, altered or unauthorized items drawn on your account if: (a) you fail to notify the credit union within thirty-three (33) days of the mailing date of the earliest statement regarding any forgery, alteration or unauthorized signature; or (b) any items are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature. You agree that the credit union's retention of checks does not alter or waive your responsibility to examine your statements or the time limit for notifying the credit union of any errors. Your statement will show important information about be considered correct for all purposes and the credit union will not be liable for any payment made or charged to your account, such as account unless you notify the outstanding balance on credit union in writing within the last day above time limit. DORMANT ACCOUNTS: A dormant account is any savings account that has no activity other than the posting of the billing dividends or assessment of fees for a period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembersof 12 months or more. If your account is seriously overdue or you have becomes dormant it may be subject to a credit balance, we may stop sending you statementsdormant account fee. Always check each statement Refer to Truth in Savings and Fee Schedule for accuracy and contact us as soon as possible if you need more information about a charge on any statementinformation. ACCOUNTS UNDER BYLAW REQUIREMENT: If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days account falls below the minimum balance required under the bylaws of the closing date shown on credit union, and you do not have an active loan account, the credit union will notify you at your statementaddress of record and request that your account is brought to the minimum balance. If you do not inform us in a timely mannerrespond to this request within 30 days, the statement credit union may cancel your membership and close your account for being out of compliance with Four Points bylaws. Should your membership be cancelled, and your account closed, the balance will be considered accurate except for any amount which has been improperly credited paid to the account you by check and you may not later make a claim against us in respect mailed to your address of any item on the statementrecord. If we requestthe credit union is not able to notify you at your address of record, you agree your account is deemed to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply be abandoned and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement“Unclaimed Property” provision. UNCLAIMED PROPERTY: If your account is dormant for a period of five years, if you choose have not made positive contact with the credit union concerning your accounts, or if we are not able to use this feature, we must still receive notify you at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section address of this agreement for details on how interest record your account is calculated considered abandoned and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due Nebraska unclaimed property law. Funds in full, and abandoned accounts will be included reported and remitted to the State of Nebraska. Once funds have been turned over to the state, the credit union has no further liability to you for such funds and you must make any claim to the State of Nebraska. A fee may be charged for this service as part of your required minimum payment amount. Please see outlined in the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated Truth in Savings and when it is dueFee Schedule.

Appears in 2 contracts

Sources: Membership and Account Agreement, Membership and Account Agreement

Statements. Subject You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to applicable lawdo 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 contributed to the loss). The loss could be not only items on the statement, but other items with unauthorized signatures or alterations by the same wrongdoer. You agree that the reasonable 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 thirty (30) days from when the statement is first sent or 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 sixty (60) days of when we first send or make available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and available, you may cannot later make assert a claim against us on any items in respect of that statement, and as between you and us the loss will be entirely yours. This sixty (60) day limitation is without regard to whether we used ordinary care. You may stop payment on any item drawn on your account whether you sign the statementitem or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. If A release of the stop payment request may be made only by the person who initiated the stop payment order. Our stop payment cutoff time is one hour after the opening of the next banking day after the banking day on which we requestreceive the item. Additional limitations on our obligation to stop payment are provided by law (for example, we paid the item in cash or we certified the item). require that you agree to promptly provide us with written confirmation put your notice in writing and you do not put your notice in writing, then your notice will expire at the end of your complaint or problemthe fourteen (14) day period. If you enroll put your notice in online statements you agree that we may writing to us, then your stop sending paper statements. You agree that any specific terms about online statements that we provide to you payment will apply and form part remain in effect for a total of this agreementsix (6) months. If you do not receive a statement in any monthwant to continue your stop payment notice for additional six (6) month periods, for example as a result of postal delay or interruption, then you must contact us renew your notice before the current notice expires. We impose a fee for each notice and each renewal whether given verbally or in writing. (Refer to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion our Schedule of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Fees & Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is due.)

Appears in 1 contract

Sources: Deposit Account Agreement

Statements. Subject Your duty to applicable lawreport unauthorized signatures , alterations and forgeries - You must examine your statement of account with "reasonable promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, 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 with unauthorized signatures or alterations by the same wrongdoer. Your duty to report other errors - In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error - such as an encoding error. You agree that the time you have to examine your statement and report to us will depend on the circumstances . However, such time period shall not exceed 60 days. Failure to examine your statement and report any such errors to us within 60 days of when we first send or make available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and available precludes you may not later make from asserting a claim against us for any such errors on items identified in respect that statement and as between you and us the loss will be entirely yours. Errors relating to electronic fund transfers or substitute checks - For information on errors relating to electronic fund transfers (e.g., computer, debit card or ATM transactions ) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights. ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent. DIRECT DEPOSITS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any item 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. TEMPORARY ACCOUNT AGREEMENT - If this option is selected, this is a temporary account agreement. Each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time. SETOFF - 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. AUTHORIZED SIGNER (Individual Accounts only) - A single individual is the PAYMENT ORDER OF ITEMS - The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number of items overdrawn or returned unpaid and the amount of the fees you may have to pay. To assist you in managing your account, we are providing you with the following information regarding how we process those items. CHECK PROCESSING - We process items mechanically by relying solely on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree CHECK CASHING - We may charge a fee for anyone that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do does not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is due.have an

Appears in 1 contract

Sources: Account Terms and Conditions

Statements. Subject You agree to applicable law, we will send promptly examine and reconcile your paper or make electronic periodic statement upon receipt of or within 30 days from when the statement is first sent or made available to you monthly statements and to notify us immediately by telephone or by email of account any discrepancy between the statement and your records. If you fail to do so, you may have to either bear the loss yourself or share the loss with us (called statements) depending on whether we used appropriate care and/or whether we in any significant way contributed to the loss). For consumer accounts, you are afforded specific protections under Regulation E for each billing period during which there transactions that are any charges defined as electronic fund transfers. Any electronic fund transfer you believe was unauthorized or a balance owing processed in error must be reported to us no later than 60 days after we sent or made available to you the first statement on which the problem or error appeared. For additional information about Regulation E and electronic fund transfers to or from consumer accounts, see the section in this Agreement titled: “ELECTRONIC FUND TRANSFERS AND RELATED DISCLOSURES FOR CONSUMER/PERSONAL ACCOUNTS.” If you fail to discover or notify us of any unauthorized signature, forgery, or alteration on the face or back of the check or any unauthorized draft or similar item that is not defined as an electronic fund transfer (covered separately in this Agreement for consumer/personal accounts) on your account within 30 days after the first statement on which the transaction appeared is made available to you, you cannot make any claim against us with respect to the check, draft, or item. In addition, we are not liable for an item that has been forged or altered in such a way that a reasonable person could not discover the forgery or alteration. You are in the best position to detect an unauthorized signature, a forged endorsement, a material alteration, an unauthorized paper draft, or any unauthorized item on your account. Each statement will show important If you notify us of an unauthorized signature, forgery, or alteration on the face or back of any check, any unauthorized paper draft, or any unauthorized item on your account within the time period required by the terms of this disclosure, we may investigate your claim for up to 60 days after receipt from you of all information about we may request from you regarding such claim. During any investigation of your claim of any unauthorized signature, forgery, alteration, unauthorized paper draft, or unauthorized item that is not defined as an electronic fund transfer with respect to your account, we may elect to freeze or not credit you for the amount of such as the outstanding balance on the last day item(s) until we have completed our investigation. We are not responsible for any temporary unavailability of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If funds in your account is seriously overdue or you have a credit balanceduring the time in which the disputed item(s) are under investigation. This includes forged checks, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending unauthorized paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in fulldrafts, and will be included unauthorized items not defined as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueelectronic fund transfers.

Appears in 1 contract

Sources: Account Agreement

Statements. Subject You agree to applicable lawprovide to me a periodic electronic statement that sets out all transactions affecting my account, we will send including registered accounts such as RRSP, RRIF and TFSA as applicable. I agree to review and verify transactions posted on my account Online or make Telephone Banking made available to me by you. I agree that you monthly statements of account (called statements) may provide me with a statement at such intervals as you may determine and that you will provide it electronically via Online Banking. If I have not received a statement for each billing period during which there are a particular period, I acknowledge that I should ask you to produce a statement; otherwise you will not be responsible to me for any errors. You will not be liable to me for any errors, omissions or unauthorized transactions, charges or a balance owing debits to us on my account unless I bring these to your attention within 30 days of when I received or should normally have received my statement. FEES AND CHARGES I agree to pay the account. Each statement will show important usual charges and fees set by you, including any costs incurred in providing information about my accounts to me or to those who are authorized by this agreement, by law or by me, to request information; and I agree that you may debit my account for such charges and fees. You will make a list of your usual charges and fees available to me, but I agree that you may change the amounts of your charges and fees without actual notice to me. OVERDRAFTS AND NSF ITEMS Overdrafts are not allowed on my Outlook Financial accounts, and I agree that, should I issue any payment order that would result in the Account being overdrawn, I will be responsible for repayment of the overdrawn amount in full. I further agree that you may debit one account(except my registered accounts) to cover an overdraft amount in another account and that you may charge an appropriate fee for overdrawn amounts in compliance with your overdraft policies.. If for any reason including actions by me, a joint account holder or by Outlook Financial there is an overdraft created in my account, such that overdraft will be deemed a loan to me which will be due on demand, and will be subject to interest at Outlook Financial’s prevailing interest rate for overdrafts, from the date of overdraft until the date of payment. Outlook Financial reserves the right to use all or any funds on deposit, except RRSP/RRIF/TFSA deposits, to pay any debt or obligations I owe you. DEPOSITS TO MY ACCOUNT I understand that you only accept Canadian funds drawn on a Canadian financial institution. You may accept payment orders on deposit to my account or on collection and you may use the services of another financial institution or other agent as you think best to present a payment order for payment, acceptance or collection. I waive, as far as possible, all requirements of any legislation governing payment orders and agree that I will not hold you responsible if any payment order payable to or endorsed to me is not honoured. I will indemnify you against all claims made against you or liability incurred by you in connection with any payment order deposited to my credit, including payment orders that have forged or unauthorized signatures or endorsements and those that have been contradicted. I also agree to pay to you, and I agree that you may debit my account with the outstanding balance on amount of any payment orders that I or others may deposit to my account or that I may cash (if your policies allow me to cash payment orders) and that are not honoured or paid to you. WITHDRAWALS FROM MY ACCOUNT You may debit my account the last day amount of the billing period (called the new balance), the minimum any payment due, order communicated to you by any means unless you have reason to believe that the payment due date and will include charges order is not proper or unless I have contradicted that order by verifiable means. You are not obliged to certify any payment order made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statementme. If you do not inform us in honour a timely mannerpayment order because you do not believe it to be proper, I agree that you will not be responsible for any damage resulting to me. If I have more than one account, you may debit any one of them, even if the statement payment order refers to a particular account. I will be considered accurate except responsible for any amount which has been improperly credited to the account accuracy and you may not later make a claim against us in respect validity of any item on the statementpre-authorized debits (PADs) from my account unless I report any errors within 90 calendar days. If we requestCLOSING MY ACCOUNT You may close any account without notice to me without affecting any other accounts operated under this Account Agreement, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You and I agree that any specific terms about online statements outstanding charges against that we provide account may be debited to another account. Either you or I may, on written notice, close the account. RRSP/RRIF/TFSA ACCOUNTS The provisions of this Account Agreement as they relate to joint accounts (including the application of monies from one account against debits in another and closing accounts) do not apply to any RRSP, RRIF or TFSA that I may open with you. I agree that each RRSP, RRIF or TFSA will be the subject of a separate agreement between us and that such separate RRSP, RRIF or TFSA agreements will apply in the event of a conflict between it and form part of this agreementAccount Agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is due.IDENTIFICATION

Appears in 1 contract

Sources: Member Account Agreement

Statements. Subject to applicable law, we will send or make available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with restricted access account, we’ll also put the same information on regular statements and provide these to you free of charge. Your additional conditions will tell you if your statement or any charge on itaccount is a restricted access account. Otherwise, inform us immediately but in any event we’ll provide statements monthly (unless you should contact us within 21 days have chosen differently) and provide these to you free of the closing date shown charge. This is so long as there has been a transaction on your account since your last statement. If you’ve told us you do not inform don’t want to receive a monthly statement, you can always change your mind and ask us to provide one. You can ask for an extra or copy statement at any time, or for statements more regularly than monthly, but there may be a charge for this. You’ll find information on 3 How we’ll keep you informed about your account all our fees and charges in a timely mannerour tariffs and price plans at If you are registered for Online Banking or the Barclays app, the statement will you’ll be considered accurate except able to see your digital statements there. If you are registered for any amount which has been improperly credited to the account and other Electronic Banking Service, we may provide you may not later make with a claim against us in respect of any item on the statementdigital statement there. If we requestonly provide you with a digital statement, we’ll send you agree an alert to promptly provide us with written confirmation let you know your latest statement is ready. We’ll send statements by post if we need to or you opt for this. For certain accounts and services we only send statements digitally. 4 International payments Making and receiving payments from outside the UK. Non-sterling payments. Using your card for non-sterling cash withdrawals and purchases. International payments could be one of two kinds. • A payment in any currency (including sterling) that you make to or receive from an account outside the UK. • A payment or cash withdrawal in a non-sterling currency (including where there has been a currency conversion at some point). Payments from your complaint or problem. account Using your debit card If you enroll use your card to withdraw cash or make a purchase in online statements a non-sterling currency, then unless you’ve asked the ATM or card terminal provider to do the currency conversion, the card scheme you agree that we may stop sending paper statementsuse will convert the payment to sterling. This scheme will be Visa or Mastercard, identified by the symbol on the card. You agree also pay a Non-Sterling Transaction Fee on the payment or cash withdrawal. This is a percentage of the sterling payment amount and is shown in the tariffs and price plans. So our exchange rate is made up of the relevant card scheme’s reference exchange rate plus the Non-Sterling Transaction Fee. The conversion will be done on the date the card scheme process the transaction. They will use the reference exchange rate they use for all sterling-based accounts (this rate is available on request). This means the exchange rate may differ from the rate on the date you made the payment, if the card scheme processes the payment after that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment In some countries, the ATM or the card terminal being used may offer you the option is a feature that allows you to pay a portion of your balance over time, subject to paying for the conditions set out transaction in this agreementsterling. If you choose to use this featurepay for your transaction in sterling, we must still receive at least the minimum payment amount indicated on your statementexchange rate will generally be provided by the ATM or terminal operator. If you use this featurewant to find out more about a SEPA direct debit, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject you can ask us to a limit (the “flexible payment option limit”) and obtain all relevant information, including any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueinstructions.

Appears in 1 contract

Sources: Business Customer Agreement

Statements. Subject to If we provide a statement for your account, you will receive a periodic statement of all transactions and activity on your account during the statement period, as required by applicable law. If a periodic statement is provided, you agree that only one statement is necessary for a multiple party account. As required by law, the Credit Union will send you a year-end statement through the U.S. Postal Service to the then current address on your account, even if you have requested that no mail be sent to you or you have requested electronic statements only. You are responsible for examining each statement and immediately reporting any irregularities to the Credit Union. Except as provided in the Electronic Funds Transfer Agreement and Disclosure, we will send not be responsible for any forged, altered, unauthorized or make available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us unsigned items drawn on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact if: • You fail to notify us within 21 thirty (30) days of the closing mailing date shown on your statement. If you do not inform us of the statement that contained record of the items; or • Any items that are items forged or altered in a timely mannermanner not detectable by a reasonable person, including the unauthorized use of a facsimile signature device. Additionally, you agree to cooperate with Unitus in investigating and pursuing recovery on any unauthorized check we reimburse you for. The Credit Union will notify you of the progress of your claim within 10 business days of receiving a completed fraud package and will provide updates until a final decision has been made whether or not to provide reimbursement, provisional or otherwise, or if additional time will be required to investigate the matter, provided that the Credit Union will have no liability for its failure to provide progress updates to you and you shall remain responsible for items in accordance with this section. You agree that our retention of drafts does not alter or waive your responsibility to examine your statements and draft copies or the time limit for notifying us of any errors. The statement will be considered accurate except correct for all purposes and we will not be liable for any amount which has been improperly credited payment made or charge to the your account and unless you may not later make a claim against notify us in respect writing within the above time limit after the statement and checks are made available to you. If you fail to receive a periodic statement you agree to notify the Credit Union within fourteen (14) days of any item on the time you regularly receive a statement. If we requestdesignate your account as inactive, you agree to promptly provide us with written confirmation of dormant or abandoned, periodic statements for your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and account will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duesuspended.

Appears in 1 contract

Sources: Membership & Account Agreement

Statements. Subject to applicable lawWith certain exceptions, we will send or make account statements available to you monthly account holders. You agree to promptly examine your statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if we make them available to you. If items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you need more information about with a charge on copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item afler it is paid. A “statement cycle” means the period covered by your account statement. If you have receive a complaint statement monthly, the monthly statement cycle may or problem with may not be a calendar month, but in most cases it won’t be more than 32 days or less than 28. The specific dates covered for your statement or any charge cycle will appear on it, inform your periodic statement. Savings accounts typically cycle on a quarterly basis. You assume full responsibility for monitoring and reviewing the activity of your account. You agree to notify us immediately but in any event if you should contact us within 21 days of the closing date think there is an error or an unauthorized transaction shown on your statement, including, forgeries, alteration or unauthorized items. If you do not inform fail to notify us in a timely mannerpromptly, but no later than 30 calendar days following the statement will be considered accurate except for mailing date or the date we make the statement available to you, then you agree that you cannot assert any amount which has been improperly credited error, problem or unauthorized transaction or forged, altered or unauthorized item against us. You further agree that if you fail to the account and notify us within a 30 calendar day period, then you may not later make a claim are precluded from asserting against us in respect of the error, problem, unauthorized transaction or forged, altered or unauthorized item and any subsequent forged, altered or unauthorized item on from the statementsame wrongdoer. If This 30 calendar day limitation is without regard to whether we request, you agree to promptly provide us did or did not use ordinary care and does not otherwise restrict any right we have under law or other agreements with written confirmation of your complaint or problemyou. If you enroll suspect a problem with a substitute check, notify us of your suspicions. For these purposes, the terms “consumer” and “substitute check” are used as defined in online statements Federal Reserve Board Regulation CC. See the “Substitute Checks and Your Rights” disclosure in this Agreement for information on rights you agree that we may stop sending paper statementshave with respect to substitute checks. You agree that any specific terms about online statements that we provide If you suspect a problem with an electronic fund transfer to or from your consumer account, see the “Electronic Fund Transfer Act” disclosure in this Agreement for information on rights you will apply and form part of this agreementmay have with respect to these transfers. If you do not receive your scheduled statement, it is your obligation to notify the Bank of that fact. STOP PAYMENTS If you want to stop payment on a statement check you have written, you may place a written stop payment order at a branch or contact the Customer Service Department at 1-800- 922-8742 to stop payment before it is finally paid by us. Any authorized signer on the account may furnish a stop payment order. You must furnish us with the date, the check number, and the exact amount of the check and the name of the payee in order for us to stop payment on the item. If you provide us with any incorrect information, we will not be responsible for our failure to stop payment on the check. We will not be responsible for a stop payment order if we do not have a reasonable opportunity to act on it before final payment of the item. You may not stop payment on a check guaranteed by us. You may furnish the stop payment order orally or in writing. If you give us an oral stop payment order, then it will be effective for fourteen (14) days. The stop payment order will expire at the end of fourteen (14) days unless you give us written notice of the stop payment order. We have a special form for this purpose. Upon confirming the order in writing, the order will remain in effect for six (6) months and must be renewed by you every six (6) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a fee for each stop payment order and renewal order requested. See the Consumer Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any monthlegal actions that we subsequently take against such persons. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, and hold us harmless from all costs (including attorneys’ fees), actions, damages, claims and demands related to or arising from our action in stopping payment on the check. SUBSTITUTE CHECKS AND YOUR RIGHTS IMPORTANT INFORMATION ABOUT YOUR CHECKING ACCOUNT What Is a Substitute Check? To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other laws with respect to those transactions. What Are My Rights Regarding Substitute Checks? In certain cases, federal law provides a special procedure that allows you to request a refund for example losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of postal delay the withdrawal (for example, overdrafl fees for returned checks). The amount of your refund under this procedure is limited to the amount of your loss or interruptionthe amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you must contact us may be able to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statementrecover additional amounts under other laws. If you use this featureprocedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days afler we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days afler we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account. How Do I Make a Claim for a Refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at ▇-▇▇▇-▇▇▇-▇▇▇▇. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will applyextend this time period if you were not able to make a timely claim because of extraordinary circumstances. Please see Your claim must include— • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect); • An estimate of the amount of your loss; • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and • A copy of the substitute check and the following information to help us identify the substitute check: check number, the name of the person to whom you wrote the check, and the amount of the check. In the event you purchase any identity thefl or fraud prevention products or services from us or a third party, you agree that such product or service does not release you from monitoring your account as described in this Agreement, or impose additional requirements on us as defined by laws and regulations or in this or other Bank agreements. TAXPAYER IDENTIFICATION NUMBER We are required to obtain a taxpayer identification number (Charge Card/Interest Charges” section of this agreement TIN”) for details on how interest is calculated and chargedeach account you open or maintain with us. The flexible payment option TIN for an individual is usually a social security number (SSN). We must obtain this number even if you are not required to file tax returns. This number is included on reports we must file with state and federal tax authorities about interest we pay you. U.S. persons, including resident aliens may be required to complete a Form W-9 to certify their TIN and backup withholding status. To establish that you are not a U.S. citizen or other U.S. person (including a resident alien individual), we may require you to (among other things) complete a Form W-8. We may report interest in cases where it is not mandated for us to do so. We are not responsible for your action or inaction in selecting or completing a form, and no information in these matters that may be supplied by us to you should be relied upon by you. In all tax matters, you should consult your own tax advisor. You agree to notify us and submit a new Form W-9 or W-8, as applicable, within 30 days if any certification made on the form becomes incorrect. If you fail to provide your TIN and certify that it is correct, or if you fail to certify that you are not subject to backup withholding or if the IRS notifies us that you have furnished an incorrect taxpayer identification number, then federal tax rules may require us to re-solicit your TIN and/or withhold a limit (percentage of interest paid to you. We forward amounts withheld to the “flexible payment option limit”) and IRS. If there are any billed balance above this limit will become fines, penalties, or charges assessed upon us due in fullto any incorrect name/TIN mismatch or error not caused by us, you agree to reimburse us for the fine, penalty, or charge, and we may charge your account for the same. When an account earns interest, we may report the interest paid and the amount withheld to the IRS (and to the California Franchise Tax Board). You will receive a copy of the information reported to the tax authorities. TRANSFER AND ASSIGNMENT This account may not be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duenegotiated, transferred or assigned without our prior written consent.

Appears in 1 contract

Sources: Consumer Deposit Account Agreement

Statements. Subject We will issue quarterly account statements to applicable lawyou electronically, which you can review by accessing and enrolling in our online portal known as “AccuNet.” You can access our online portal from our website ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Hard copy statements are available upon request subject for a fee (see our IRA Fee Schedule for the current fee). In addition, each year we will send or make available mail IRS form 5498 to you monthly statements within time frames established by the IRS. For any investment which pays or reinvests earnings, such transactions may not be reflected on your account statement until the quarter in which we receive payment confirmation from the investment sponsor verifying the transaction and investment position. Please keep this in mind when reviewing your account statement. Your account statement (and any reported values therein) should not be used as the basis for making, retaining or disposing of an asset. You should review each account (called statements) for each billing period during which there are statement carefully and promptly report any charges or a balance owing discrepancies to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 30 days of the closing date shown on your statementstatement date. If you we do not inform us in a timely mannerreceive your written objections within this time period, we shall be relived of all liability for the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item report, discrepancy, act or procedure reflected on the statement. If we requestBecause this is a Self‐Directed Individual Retirement Account, you agree to promptly provide us with written confirmation no projection of the growth of your complaint IRA can reasonably be shown or problemguaranteed. If Factors influencing the value of your IRA Account will include the investments you enroll or your duly Authorized Agent choose for your IRA, IRA fees charged by us, and the earnings you receive from investments. The investments available under this self‐directed IRA include a wide range of publically and non‐publically traded assets. It is therefore impossible to estimate the value of the IRA assets at any given future point in online statements time. This IRA will be subject to fees including establishment, annual, transaction, cash management, special services, and termination charged by us. Please refer to M2 Trust’s published fee schedule for more information about our fees. We reserve the right to change our fees after notice to you, as provided in the IRA Custodial Agreement. In addition, depending on the investments that you agree or your Authorized Agent choose, your IRA may be subject to sales commissions or other fees charged by broker dealers, investment companies, etc. All cash received for your Account will be placed in our Cash Management Account awaiting investment directions from you. Accounts that close during a month will not earn interest for that month. With respect to earnings, the method for computing and allocating earnings (interest, dividends, etc.) on your investments will vary with the nature and issuer of the investment chosen. Please refer to the prospectus or contract of the investment(s) of your choice for the method(s) used for computing and allocating annual earnings. M2 Trust Services, LLC ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Denver, CO 80202 Phone: (888) 265‐1225 FACTS What does M2 Trust Services, LLC (“M2 Trust”) do with your personal information? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we may stop sending paper statementscollect, share, and protect your personal information. You agree that any specific terms about online statements that Please read this notice carefully to understand what we provide do. What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and transaction history • Account balances and payment history • Credit history and overdraft history When you are no longer our customer, we continue to share information as described in this notice. How? All financial companies need to share customer’s personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customer’s personal information, the reasons M2 Trust chooses to share, and whether you can limit this sharing. For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes – to offer our products and services to you Yes No For joint marketing with other financial companies No We do not share For our affiliates’ everyday business purposes – information about your transactions and experiences Yes No For our affiliates’ everyday business purposes – information about your creditworthiness No We do not share For affiliates’ to market to you No We do not share For non‐affiliates’ to market to you No We do not share QUESTIONS? For Questions or to limit our sharing Call 888‐265‐1225. Who is providing this notice? M2 Trust Services, LLC How does M2 Trust protect my personal information? To protect your personal information from unauthorized access and use we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. How does M2 Trust collect my We collect your personal information, for example, when you personal information? • Open an account or deposit money • Provide account information or give us your contact information • Direct us to buy or sell investments • Use your credit or debit card M2 Trust Services, LLC ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Denver, CO 80202 Phone: (888) 265‐1225 Why can’t I limit all sharing? Federal law gives you the right to limit only • Sharing for affiliates’ everyday business purposes – information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing for an account, I hold jointly with someone else? Your choice will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated everyone on your statement. If account, unless you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duetell us otherwise.

Appears in 1 contract

Sources: Individual Retirement Account Adoption Agreement

Statements. Subject to applicable lawWith certain exceptions, we will send or make account statements available to you monthly account holders. You agree to promptly examine your statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if we make them available to you. If items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you need more information about with a charge on copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item after it is paid. A “statement cycle” means the period covered by your account statement. If you have receive a complaint statement monthly, the monthly statement cycle may or problem with may not be a calendar month, but in most cases it won’t be more than 32 days or less than 28. The specific dates covered for your statement or any charge cycle will appear on it, inform your periodic statement. Savings accounts typically cycle on a quarterly basis. You assume full responsibility for monitoring and reviewing the activity of your account. You agree to notify us immediately but in any event if you should contact us within 21 days of the closing date think there is an error or an unauthorized transaction shown on your statement, including, forgeries, alteration or unauthorized items. If you do not inform fail to notify us in a timely mannerpromptly, but no later than 30 calendar days following the statement will be considered accurate except for mailing date or the date we make the statement available to you, then you agree that you cannot assert any amount which has been improperly credited error, problem or unauthorized transaction or forged, altered or unauthorized item against us. You further agree that if you fail to the account and notify us within a 30 calendar day period, then you may not later make a claim are precluded from asserting against us in respect of the error, problem, unauthorized transaction or forged, altered or unauthorized item and any subsequent forged, altered or unauthorized item on from the statementsame wrongdoer. If This 30 calendar day limitation is without regard to whether we request, you agree to promptly provide us did or did not use ordinary care and does not otherwise restrict any right we have under law or other agreements with written confirmation of your complaint or problemyou. If you enroll suspect a problem with a substitute check, notify us of your suspicions. For these purposes, the terms “consumer” and “substitute check” are used as defined in online statements Federal Reserve Board Regulation CC. See the “Substitute Checks and Your Rights” disclosure in this Agreement for information on rights you agree that we may stop sending paper statementshave with respect to substitute checks. You agree that any specific terms about online statements that we provide If you suspect a problem with an electronic fund transfer to or from your consumer account, see the “Electronic Fund Transfer Act” disclosure in this Agreement for information on rights you will apply and form part of this agreementmay have with respect to these transfers. If you do not receive your scheduled statement, it is your obligation to notify the Bank of that fact. STOP PAYMENTS If you want to stop payment on a statement check you have written, you may place a written stop payment order at a branch or contact the Customer Service Department at 1-800- 922-8742 to stop payment before it is finally paid by us. Any authorized signer on the account may furnish a stop payment order. You must furnish us with the date, the check number, and the exact amount of the check and the name of the payee in order for us to stop payment on the item. If you provide us with any incorrect information, we will not be responsible for our failure to stop payment on the check. We will not be responsible for a stop payment order if we do not have a reasonable opportunity to act on it before final payment of the item. You may not stop payment on a check guaranteed by us. You may furnish the stop payment order orally or in writing. If you give us an oral stop payment order, then it will be effective for fourteen (14) days. The stop payment order will expire at the end of fourteen (14) days unless you give us written notice of the stop payment order. We have a special form for this purpose. Upon confirming the order in writing, the order will remain in effect for six (6) months and must be renewed by you every six (6) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a fee for each stop payment order and renewal order requested. See the Consumer Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any monthlegal actions that we subsequently take against such persons. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, and hold us harmless from all costs (including attorneys’ fees), actions, damages, claims and demands related to or arising from our action in stopping payment on the check. SUBSTITUTE CHECKS AND YOUR RIGHTS IMPORTANT INFORMATION ABOUT YOUR CHECKING ACCOUNT What Is a Substitute Check? To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other laws with respect to those transactions. What Are My Rights Regarding Substitute Checks? In certain cases, federal law provides a special procedure that allows you to request a refund for example losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of postal delay the withdrawal (for example, overdraft fees for returned checks). The amount of your refund under this procedure is limited to the amount of your loss or interruptionthe amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you must contact us may be able to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statementrecover additional amounts under other laws. If you use this featureprocedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account. How Do I Make a Claim for a Refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at ▇-▇▇▇-▇▇▇-▇▇▇▇. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances. Your claim must include— • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect); • An estimate of the amount of your loss; • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and • A copy of the substitute check and the following information to help us identify the substitute check: check number, the name of the person to whom you wrote the check, and the amount of the check. In the event you purchase any identity theft or fraud prevention products or services from us or a third party, you agree that such product or service does not release you from monitoring your account as described in this Agreement, or impose additional requirements on us as defined by laws and regulations or in this or other Bank agreements. TAXPAYER IDENTIFICATION NUMBER We are required to obtain a taxpayer identification number (“TIN”) for each account you open or maintain with us. The TIN for an individual is usually a social security number (SSN). We must obtain this number even if you are not required to file tax returns. This number is included on reports we must file with state and federal tax authorities about interest we pay you. U.S. persons, including resident aliens may be required to complete a Form W-9 to certify their TIN and backup withholding status. To establish that you are not a U.S. citizen or other U.S. person (including a resident alien individual), we may require you to (among other things) complete a Form W-8. We may report interest in cases where it is not mandated for us to do so. We are not responsible for your action or inaction in selecting or completing a form, and no information in these matters that may be supplied by us to you should be relied upon by you. In all tax matters, you should consult your own tax advisor. You agree to notify us and submit a new Form W-9 or W-8, as applicable, within 30 days if any certification made on the form becomes incorrect. If you fail to provide your TIN and certify that it is correct, or if you fail to certify that you are not subject to backup withholding or if the IRS notifies us that you have furnished an incorrect taxpayer identification number, then federal tax rules may require us to re-solicit your TIN and/or withhold a percentage of interest paid to you. We forward amounts withheld to the IRS. If there are any fines, penalties, or charges assessed upon us due to any incorrect name/TIN mismatch or error not caused by us, you agree to reimburse us for the fine, penalty, or charge, and we may charge your account for the same. When an account earns interest, we may report the interest paid and the amount withheld to the IRS (and to the California Franchise Tax Board). You will receive a copy of the information reported to the tax authorities. TRANSACTION LIMITATIONS Federal law limits certain types of withdrawal and transfer transactions you can make out of a savings and money market account. Transfers from a savings or money market account to another account or to third parties by preauthorized, automatic, overdraft protection, telephone, point-of-sale (“POS”) transactions or computer transfer or by check, draft or similar order to third parties are limited to six (6) per calendar month or statement cycle. We will use the date a transaction is completed by us (as opposed to the day you initiate it) to apply the frequency limitation. If you exceed these limits, we may close the account, impose a fee and/or change the account to a non-interest bearing demand deposit account. Additional transaction limitations on your particular account may apply. Please see refer to your Truth in Savings Disclosure applicable to the “Charge Card/Interest Charges” section account you have selected. We reserve the right to at any time require not less than seven (7) days’ notice in writing before each withdrawal from an interest-bearing account or from any other savings account as defined by Regulation D. Demand deposit accounts, regardless of this agreement for details on how interest is calculated and charged. The flexible payment option is whether they earn interest, are not subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full7-day notice requirement. TRANSFER AND ASSIGNMENT This account may not be negotiated, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duetransferred or assigned without our prior written consent.

Appears in 1 contract

Sources: Consumer Deposit Account Agreement

Statements. Subject to applicable lawWith certain exceptions, we will send or make account statements available to you monthly account holders. You agree to promptly examine your statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if we make them available to you. If items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you need more information about with a charge on copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item after it is paid. A “statement cycle” means the period covered by your account statement. If you have receive a complaint statement monthly, the monthly statement cycle may or problem with may not be a calendar month, but in most cases it won’t be more than 32 days or less than 28. The specific dates covered for your statement or any charge cycle will appear on it, inform your periodic statement. Savings accounts typically cycle on a quarterly basis. You assume full responsibility for monitoring and reviewing the activity of your account. You agree to notify us immediately but in any event if you should contact us within 21 days of the closing date think there is an error or an unauthorized transaction shown on your statement, including, forgeries, alteration or unauthorized items. If you do not inform fail to notify us in a timely mannerpromptly, but no later than 30 calendar days following the statement will be considered accurate except for mailing date or the date we make the statement available to you, then you agree that you cannot assert any amount which has been improperly credited error, problem or unauthorized transaction or forged, altered or unauthorized item against us. You further agree that if you fail to the account and notify us within a 30 calendar day period, then you may not later make a claim are precluded from asserting against us in respect of the error, problem, unauthorized transaction or forged, altered or unauthorized item and any subsequent forged, altered or unauthorized item on from the statementsame wrongdoer. If This 30 calendar day limitation is without regard to whether we request, you agree to promptly provide us did or did not use ordinary care and does not otherwise restrict any right we have under law or other agreements with written confirmation of your complaint or problemyou. If you enroll suspect a problem with a substitute check, notify us of your suspicions. For these purposes, the terms “consumer” and “substitute check” are used as defined in online statements Federal Reserve Board Regulation CC. See the “Substitute Checks and Your Rights” disclosure in this Agreement for information on rights you agree that we may stop sending paper statementshave with respect to substitute checks. You agree that any specific terms about online statements that we provide If you suspect a problem with an electronic fund transfer to or from your consumer account, see the “Electronic Funds Transfer Act” disclosure in this Agreement for information on rights you will apply and form part of this agreementmay have with respect to these transfers. If you do not receive your scheduled statement, it is your obligation to notify the Bank of that fact. STOP PAYMENTS If you want to stop payment on a statement check you have written, you may place a written stop payment order at a branch or contact Customer Service at ▇-▇▇▇-▇▇▇-▇▇▇▇ to stop payment before it is finally paid by us. Any authorized signer on the account may furnish a stop payment order. You must furnish us with the date, the check number, and the exact amount of the check and the name of the payee in order for us to stop payment on the item. If you provide us with any incorrect information, we will not be responsible for our failure to stop payment on the check. We will not be responsible for a stop payment order if we do not have a reasonable opportunity to act on it before final payment of the item. You may not stop payment on a check guaranteed by us. You may furnish the stop payment order orally or in writing. If you give us an oral stop payment order, then it will be effective for fourteen (14) days. The stop payment order will expire at the end of fourteen (14) days unless you give us written notice of the stop payment order. We have a special form for this purpose. Upon confirming the order in writing, the order will remain in effect for six (6) months and must be renewed by you every six (6) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a fee for each stop payment order and renewal order requested. See the Consumer Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any monthlegal actions that we subsequently take against such persons. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, and hold us harmless from all costs (including attorneys’ fees), actions, damages, claims and demands related to or arising from our action in stopping payment on the check. SUBSTITUTE CHECKS AND YOUR RIGHTS IMPORTANT INFORMATION ABOUT YOUR CHECKING ACCOUNT To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other laws with respect to those transactions. In certain cases, federal law provides a special procedure that allows you to request a refund for example losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of postal delay the withdrawal (for example, overdraft fees for returned checks). The amount of your refund under this procedure is limited to the amount of your loss or interruptionthe amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you must contact us may be able to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statementrecover additional amounts under other laws. If you use this featureprocedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account. If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at ▇-▇▇▇-▇▇▇-▇▇▇▇. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will applyextend this time period if you were not able to make a timely claim because of extraordinary circumstances. Please see Your claim must include – • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect); • An estimate of the amount of your loss; • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and • A copy of the substitute check and the following information to help us identify the substitute check: check number, the name of the person to whom you wrote the check, and the amount of the check. In the event you purchase any identity theft or fraud prevention products or services from us or a third party, you agree that such product or service does not release you from monitoring your account as described in this Agreement, or impose additional requirements on us as defined by laws and regulations or in this or other Bank agreements. TAXPAYER IDENTIFICATION NUMBER We are required to obtain a taxpayer identification number (Charge Card/Interest Charges” section of this agreement TIN”) for details on how interest is calculated and chargedeach account you open or maintain with us. The flexible payment option TIN for an individual is usually a social security number (SSN). We must obtain this number even if you are not required to file tax returns. This number is included on reports we must file with state and federal tax authorities about interest we pay you. U.S. persons, including resident aliens may be required to complete a Form W-9 to certify their TIN and backup withholding status. To establish that you are not a U.S. citizen or other U.S. person (including a resident alien individual), we may require you to (among other things) complete a Form W-8. We may report interest in cases where it is not mandated for us to do so. We are not responsible for your action or inaction in selecting or completing a form, and no information in these matters that may be supplied by us to you should be relied upon by you. In all tax matters, you should consult your own tax advisor. You agree to notify us and submit a new Form W-9 or W-8, as applicable, within 30 days if any certification made on the form becomes incorrect. If you fail to provide your TIN and certify that it is correct, or if you fail to certify that you are not subject to backup withholding or if the IRS notifies us that you have furnished an incorrect taxpayer identification number, then federal tax rules may require us to re- solicit your TIN and/or withhold a limit (percentage of interest paid to you. We forward amounts withheld to the “flexible payment option limit”) and IRS. If there are any billed balance above this limit will become fines, penalties, or charges assessed upon us due in fullto any incorrect name/TIN mismatch or error not caused by us, you agree to reimburse us for the fine, penalty, or charge, and we may charge your account for the same. When an account earns interest, we may report the interest paid and the amount withheld to the IRS (and to the California Franchise Tax Board). You will receive a copy of the information reported to the tax authorities. TRANSFER AND ASSIGNMENT This account may not be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duenegotiated, transferred or assigned without our prior written consent.

Appears in 1 contract

Sources: Consumer Deposit Account Agreement

Statements. Subject to applicable lawCONTENTS If the Credit Union provides a statement for your account, we you will send or make receive a periodic statement of all transactions and activity on your account during the statement period. If a periodic statement is provided, you agree only one statement is necessary for a multiple-party account. For checking accounts, you understand the Credit Union does not return checks with statements. Copies of checks written from your account are made available upon your request. The Credit Union may impose a fee for copies of checks as set forth on the Consumer Product and Fee Disclosure. You understand statements are made available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the accountdate the statement is sent to you and you will be responsible for any forged, altered or unauthorized item drawn on your account if: If you request us to provide you with a copy of a substitute check, you agree we may provide an electronic image of the original check or sufficient copy if you have agreed to receive account information or statements electronically. Each NOTICE TO CREDIT UNION You agree the Credit Union’s retention of substitute checks does not alter or waive your responsibility to examine your statements or the time limit for notifying the Credit Union of any errors. The statement will show important information about your account, such as be considered correct for all purposes and the outstanding balance on the last day of the billing period (called the new balance), the minimum Credit Union will not be liable for any payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If or charged to your account unless you notify the Credit Union in writing within the above time limit after the statement is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statementmade available to you. If you have an account that you have not made a complaint withdrawal from, deposit to or problem with transfer involving your statement or any account for more than one (1) year, the Credit Union classifies your account as inactive and may charge an inactive fee as allowed by applicable law and set forth on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statementapplicable Consumer Product and Fee Disclosure. If you do re-establish contact with us, such fees are nonrefundable. Thereafter, dividends will be paid on the account unless the balance falls below any minimum balance required to earn dividends. The Credit Union will notify you at your last known address prior to imposing any fee as required by law and within the prescribed timelines. Additionally, accounts will continue to incur applicable monthly fees unless contact is established with you and you elect to close the account. Prior notification regarding the continuance of such fees is not inform required. You authorize us to transfer funds from any available account of yours to cover any monthly fees, if necessary. Your account is usually considered abandoned in accordance with the Uniform Unclaimed Property Act if you have not performed at least one of the following activities for three years. Credit Union charges and dividend payments, and automatic deposits and withdrawals are not considered activity. Funds in abandoned accounts will be remitted in accordance with state law. Before we remit abandoned funds or property, we may send a timely mannernotice to the address we currently have on record. We may not send this notice if mail we previously sent to the address was returned. Once funds have been remitted to the state, the statement will be considered accurate except for any amount which Credit Union has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide no further liability to you will apply for such funds and form part of this agreement. If if you do not receive a statement in any month, for example as a result of postal delay or interruptionchoose to reclaim such funds, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject apply to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueappropriate state agency.

Appears in 1 contract

Sources: Consumer Membership & Account Agreement

Statements. Subject to applicable lawUpon receipt of a signed Application or other bank approved affirmation from you, we will send or make available electronically for you a monthly statement or statements summarizing each transaction in your Account during the preceding month. We will mail or deliver a statement or notice to you monthly statements of account (called statements) for upon request. You agree to examine each billing period during which there are any charges statement or a balance owing to us notice after it is posted on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue Web site or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statementsent to you. If you have a complaint discover any unauthorized transactions, or problem with your statement signatures or any charge alterations, or other discrepancies on itChecks or Debit Card transactions, inform you must promptly notify us immediately but in any event you should contact us within 21 days writing of the closing date shown on your statementrelevant facts. If You agree that if you do not inform us in a timely mannerreport any discrepancies within sixty (60) days of when we first send the statement or make it available to you, the statement will be considered accurate except for any amount which has been improperly credited to the account deemed correct and you may will not later make be able to assert a claim against us us. DEFAULTS You will be in respect default if you fail to meet any of your obligations under this Agreement or any item on other agreement with us. In the statementevent of a default, we may exercise any legal rights we may have. If we requestare required to take any legal action under this Agreement, you agree to promptly provide us with written confirmation of your complaint or problempay our court and collection costs and any attorney’s fees and disbursements. If you enroll are in online statements default of this Agreement, or upon the closure of the HSA, whether such closure was made by you agree or by us, we shall not be obligated to continue to provide services under this Agreement. ACCOUNT CANCELLATION AND SUSPENSION We may close the Account at any time. You may close the Account by notifying us in writing. No closure of the Account will affect our right to debit the Account for any withdrawals or charges made by you, or made by an authorized user of your Debit Card, or to honor any adjustments or chargebacks related to such transactions. As soon as practical after termination, we will distribute the balance in your Account in accordance with the Code. After distribution of all funds, this Agreement will end and we will have no further duties, obligations, or liabilities to you or anyone, except as required by law. LIMITATION OF LIABILITY/HOLD HARMLESS In connection with this Agreement and your HSA, we are not responsible for any act or failure to act by us that we may stop sending paper statementsis reasonable under the circumstances or that is consistent with the rules and regulations of the Board of Governors of the Federal Reserve System and other federal regulatory agencies, or any applicable laws, rules or regulations of the State of Utah, or with general commercial practices of banks. We are not responsible for any act or failure to act of any service provider or mutual fund relating to the Investments. You agree to indemnify us and hold us harmless against any claims, damages, expenses and losses, including attorney’s fees, incurred by us resulting from (i) any action we take in honoring your instructions, including but not limited to all verbal or facsimile instructions received with respect to your HSA, (ii) in connection with our honoring of any subpoena or court order relating to your HSA or (iii) other costs, expenses or liabilities arising under this Agreement except costs, expenses or liabilities that arise from our breach of any specific terms about online statements that we provide to you will apply and form part of duty under this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueAgreement.

Appears in 1 contract

Sources: Custodial and Deposit Agreement

Statements. Subject to applicable lawUnless your account is a savings passbook account or classified as a time deposit, we will send mail or make available to you monthly a statement of the account activity. Statements will be mailed to any one party to the account to the current address in our files, unless otherwise requested in writing or another method of delivery has been agreed to by us. We may mail one statement that combines account information for accounts which have the same mailing address in our files and either have owners with identical last names or are otherwise linked or related for purposes of obtaining some benefit. We may mail combined statements addressed to any one of account (called you. If no transaction occurs other than the crediting of interest or if a statement is undeliverable, we reserve the right to discontinue mailing statements) for each billing period during which there are any charges or a balance owing to us . Except as otherwise required by law, all statements, notices, canceled checks, and other materials shall be considered correct and all items listed on the accountstatement shall be considered properly charged to an account unless you notify us of any error. Each You must examine all statements, notices, canceled checks, check images and other items promptly upon receipt. You must notify us of an unauthorized or missing signature or alteration within a reasonable time after we mail or make available to you your statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembersor checks. If your account is seriously overdue or you have a credit balancepersonal account, we may stop sending you statementsa reasonable time is not more than 30 days; if your account is a non- personal account, a reasonable time is not more than 14 days. Always check each statement for accuracy and contact You must also notify us as soon as possible if you need more information about a charge on of any statement. If you have a complaint or problem with your other account problem, including an erroneous statement or any charge on itpassbook entry, inform us immediately but in any event you should contact us unauthorized or missing endorsement or improper charges within 21 30 days of the closing date shown we mail or make available to you your statement and checks. Your failure to notify us within the specified time limits or to commence action against us within 90 days after notice to us will preclude you from asserting claims against us based on your statementsuch checks, signatures, alterations, endorsements, charges or other problems. If you do not inform us in a timely manner, the statement will be considered accurate except for You also lose any amount which has been improperly credited to the account and you may not later make a claim against us in respect of on any later item paid after the reasonable time period but before we receive your notice if the item was signed or altered by the same party. If a passbook evidences your account, we will allow transactions on the account by any account owner, without presentment of the passbook. The passbook is for record-keeping purposes only and does not constitute a complete record of the account. With Check Safekeeping we retain your canceled checks or the images of your canceled checks and do not return them with your account statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you You agree that we may stop sending paper statementsdestroy your canceled checks or the images of your canceled checks or any other evidence of debit or credit entries to your account and use reasonable care to maintain legible images for seven years or any other period required by law. You agree that any specific terms about online statements that we provide to you will apply and form part may request a copy of this agreement. If you do not receive a statement in any month, for example as a result of postal delay canceled check or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion image of your balance over timecanceled check and a service charge may be imposed for each copy provided. Our responsibility for furnishing copies of items is limited to those which are legible and available on microfilm, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest digital storage or any other media that is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duecommercially acceptable.

Appears in 1 contract

Sources: Estatement and Enotice Agreement & Disclosure Deposit Account Agreement

Statements. Subject You should promptly examine carefully your account statements and, if applicable, account transaction activity online along with any accompanying items to applicable lawprotect your rights including your right to dispute transactions that you believe are unauthorized, we counterfeit, altered, or forged. Because you are in the best position to discover and deter any problem, you agree to review and verify your account transactions daily as if your transaction history shown online was a traditional periodic statement. If discrepancies are found, you must notify us immediately in writing, or the statement will send be considered correct. You will be deemed to have received your statement 3 business days after its date, absent proof of an earlier or make later actual delivery date. Online statements will be deemed to have been received the day they are made available online. For purposes of this Statement section, each day’s posting of account activity made available to you monthly statements of account (called statements) online or via a mobile device shall be deemed a statement and the timeframes set forth herein shall run from the date the transaction information is posted online. Failure to report irregularities within 15 days shall preclude you from recovering any amounts from us. Also, we are not responsible for each billing period during which there are multiple unauthorized signatures or alterations by the same wrongdoer if you do not notify us within 15 days after your statement reflecting the first such irregularity was received or otherwise made available to you. In any charges or a balance owing event, if you do not discover and report to us on any unauthorized signature, draft, or alteration within 45 days after your statement reflecting the accountitem was received or otherwise made available to you, you are absolutely precluded from asserting the problem against us. Each statement The Bank may require that affidavits and police reports be filed before any reimbursements will show important information about your accountbe made. You agree to assist Eastern Savings Bank in any investigation it or others may make and, such as if needed, to be a witness in any hearing, proceeding, or action brought against the outstanding balance on the last day of the billing period (called the new balance)person or persons responsible for this action. In addition, the minimum payment due, the payment due date and Bank will include charges made by you and any supplementary cardmembers. If your account is seriously overdue not be liable if items are forged or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statementaltered so cleverly that such fraud could not reasonably be detected. If you do not inform want us in to pay a timely mannercheck or draft you have written or authorized, the statement will be considered accurate except for any amount which has been improperly credited you can order us to stop payment prior to the account check being presented. A stop payment order (verbal or written) is valid for six months and you may not later make a claim against be renewed for another six months by informing us in respect of any item on the statementagain. If we request, you agree to promptly provide us with written A confirmation of your complaint stop payment order will be sent to your address on record for requests made not in person. Unless contact is made either correcting or problem. If you enroll cancelling the stop payment, the stop payment is considered to be verified and in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreementeffect as per the information on the form. If you do not receive renew the stop payment order, the Bank will not be liable for items paid after the order ceased to be in effect. YOUR STOP PAYMENT ORDER MUST INCLUDE YOUR NAME, YOUR ACCOUNT NUMBER, AND THE CHECK NUMBER, THE EXACT AMOUNT AND THE PAYEE. The Bank is not responsible if the item is not defined with reasonable certainty (including a statement stop placed on a duplicate check number). We may charge a fee for each stop payment order. You authorize us to accept a stop payment order from any authorized signer, even if another authorized signer signed the check. Your stop payment order takes effect when it is recorded in any monthour account records on file with us, which may be the next business day after your stop payment is received. You agree to indemnify and to hold us harmless for example as a result the amount of postal delay or interruptionthe check on which the stop payment is made and for all expenses and costs incurred by refusing payment of the check. Should you wish to cancel your order, you must contact us to check what payment is due and authorize the due daterelease in writing. The flexible payment option There is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement charge for details on how interest is calculated each Stop Payment Order request and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueeach renewal.

Appears in 1 contract

Sources: Business Account Agreement

Statements. Subject You agree to applicable law, we will send promptly examine and reconcile your paper or make electronic periodic statement upon receipt or within 30 days from when the statement is first sent or made available to you monthly statements and to notify us immediately by telephone or by email of account any discrepancy between the statement and your records. If you fail to do so, you may have to either bear the loss yourself or share the loss with us (called statements) depending on whether we used appropriate care and/or whether we in any significant way contributed to the loss). For consumer accounts, you are afforded specific protections under Regulation E for each billing period during which there transactions that are any charges defined as electronic fund transfers. Any electronic fund transfer you believe was unauthorized or a balance owing processed in error must be reported to us no later than 60 days after we sent or made available to you the first statement on which the problem or error appeared. For additional information about Regulation E and electronic fund transfers to or from consumer accounts, see the section in this Agreement titled: “ELECTRONIC FUND TRANSFERS AND RELATED DISCLOSURES FOR CONSUMER/PERSONAL ACCOUNTS.” If you fail to discover or notify us of any unauthorized signature, forgery, or alteration on the face or back of the check or any unauthorized draft or similar item that is not defined as an electronic fund transfer (covered separately in this Agreement for consumer/personal accounts) on your account within 30 days after the first statement on which the transaction appeared is made available to you, you cannot make any claim against us with respect to the check, draft, or item. In addition, we are not liable for an item that has been forged or altered in such a way that a reasonable person could not discover the forgery or alteration. You are in the best position to detect an unauthorized signature, a forged endorsement, a material alteration, an unauthorized paper draft, or any unauthorized item on your account. Each statement will show important If you notify us of an unauthorized signature, forgery, or alteration on the face or back of any check, any unauthorized paper draft, or any unauthorized item on your account within the time period required by the terms of this disclosure, we may investigate your claim for up to 60 days after receipt from you of all information about we may request from you regarding such claim. During any investigation of your claim of any unauthorized signature, forgery, alteration, unauthorized paper draft, or unauthorized item that is not defined as an electronic fund transfer with respect to your account, we may elect to freeze or not credit you for the amount of such as the outstanding balance on the last day item(s) until we have completed our investigation. We are not responsible for any temporary unavailability of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If funds in your account is seriously overdue or you have a credit balanceduring the time in which the disputed item(s) are under investigation. This includes forged checks, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending unauthorized paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in fulldrafts, and will be included unauthorized items not defined as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueelectronic fund transfers.

Appears in 1 contract

Sources: Account Agreement

Statements. Subject to applicable lawWith certain exceptions, we will send or make account statements available to you monthly account holders. You agree to promptly examine your statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if we make them available to you. If items are not returned with your statement, upon your request, the Bank will make a reasonable effort to promptly provide you need more information about with a charge on copy or image of any item in our possession. Unless otherwise agreed, you waive any right to receive any original item after it is paid. A “statement cycle” means the period covered by your account statement. If you have receive a complaint statement monthly, the monthly statement cycle may or problem with may not be a calendar month, but in most cases it won’t be more than 32 days or less than 28. The specific dates covered for your statement or any charge cycle will appear on ityour periodic statement. Savings accounts typically cycle on a quarterly basis. You assume full responsibility for monitoring and reviewing the activity of your account, inform including the work of your employees, agents, and accountants (as applicable). You agree to notify us immediately but in any event if you should contact us within 21 days of the closing date think there is an error or an unauthorized transaction shown on your statement, including, forgeries, alteration or unauthorized items. If you do not inform fail to notify us in a timely mannerpromptly, but no later than 30 calendar days following the statement will be considered accurate except for any amount which has been improperly credited mailing date or the date we make the statement available to the account and you may not later make a claim against us in respect of any item on the statement. If we requestyou, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements then you agree that we may stop sending paper statementsyou cannot assert any error, problem or unauthorized transaction or forged, altered or unauthorized item against us. You further agree that if you fail to notify us within a 30 calendar day period, then you are precluded from asserting against us the error, problem, unauthorized transaction or forged, altered or unauthorized item and any specific terms about online statements that subsequent forged, altered or unauthorized item from the same wrongdoer. This 30 calendar day limitation is without regard to whether we provide to you will apply did or did not use ordinary care and form part of this agreementdoes not otherwise restrict any right we have under law or other agreements with you. If you do not receive your scheduled statement, it is your obligation to notify the Bank of that fact. STOP PAYMENTS If you want to stop payment on a statement in any month, for example as a result of postal delay or interruptioncheck you have written, you may place a written stop payment order at a branch or contact Customer Service at ▇-▇▇▇-▇▇▇-▇▇▇▇ to stop payment before it is finally paid by us. Any authorized signer on the account may furnish a stop payment order. You must contact furnish us with the date, the check number, and the exact amount of the check and the name of the payee in order for us to check what stop payment is due and on the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreementitem. If you choose to use this featureprovide us with any incorrect information, we must still receive at least will not be responsible for our failure to stop payment on the minimum check. We will not be responsible for a stop payment amount indicated order if we do not have a reasonable opportunity to act on your statementit before final payment of the item. You may not stop payment on a check guaranteed by us. You may furnish the stop payment order orally or in writing. If you use this featuregive us an oral stop payment order, interest then it will apply. Please see the “Charge Card/Interest Charges” section of this agreement be effective for details on how interest is calculated and chargedfourteen (14) days. The flexible stop payment option order will expire at the end of fourteen (14) days unless you give us written notice of the stop payment order. We have a special form for this purpose. Upon confirming the order in writing, the order will remain in effect for six (6) months and must be renewed by you every six (6) months to remain in effect. If you do not renew the stop payment order when it expires and the item is presented for payment, we may pay the item and charge it to your account. There is a fee for each stop payment order and renewal order requested. See Business Fee Schedule. In some cases, we may pay an item even if a stop payment request is in effect. If we, or another person or entity, is determined by us to be a “holder in due course” of the item, we may pay the item. If we pay a check which has a valid stop payment order on it with correct information, we may be responsible to you for up to the face amount of the item if you establish that you have suffered a loss because we paid the item. You agree to assign to us all of your rights against the payee and/or any other holder of your check. You also agree to cooperate fully with us in any legal actions that we subsequently take against such persons. Anyone holding the check, including the Bank, may be entitled to enforce payment against you despite the stop payment order. You agree to indemnify, defend, and hold us harmless from all costs (including attorneys’ fees), actions, damages, claims, and demands related to or arising from our action in stopping payment on the check. TAXPAYER IDENTIFICATION NUMBER We are required to obtain a taxpayer identification number (“TIN”) for each account you open or maintain with us. The taxpayer identification number for a business is usually an employer identification number (EIN). The taxpayer identification number for a sole proprietorship may be either a social security number (SSN) or an EIN. We must obtain this number even if you are not required to file tax returns. This number is included on reports we must file with state and federal tax authorities about interest we pay you. U.S. persons, including resident aliens may be required to complete a Form W-9 to certify their TIN and backup withholding status. To establish that you are not a U.S. citizen or other U.S. person (including a resident alien individual), we may require you to (among other things) complete a Form W-8. We may report interest in cases where it is not mandated for us to do so. We are not responsible for your action or inaction in selecting or completing a form, and no information in these matters that may be supplied by us to you should be relied upon by you. In all tax matters, you should consult your own tax advisor. You agree to notify us and submit a new Form W-9 or W-8, as applicable, within 30 days if any certification made on the form becomes incorrect. If you fail to provide your TIN and certify that it is correct, or if you fail to certify that you are not subject to backup withholding or if the IRS notifies us that you have furnished an incorrect taxpayer identification number, then federal tax rules may require us to re- solicit your TIN and/or withhold a limit (percentage of interest paid to you. We forward amounts withheld to the “flexible payment option limit”) and IRS. If there are any billed balance above this limit will become fines, penalties, or charges assessed upon us due in fullto any incorrect name/TIN mismatch or error not caused by us, you agree to reimburse us for the fine, penalty, or charge, and we may charge your account for the same. When an account earns interest, we may report the interest paid and the amount withheld to the IRS (and to the California Franchise Tax Board). You will receive a copy of the information reported to the tax authorities. TRANSFER AND ASSIGNMENT This account may not be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duenegotiated, transferred or assigned without our prior written consent.

Appears in 1 contract

Sources: Business Deposit Account Agreement

Statements. Subject We send statements for all accounts other than Passbook Savings Accounts. Your statement will be sent or posted monthly, quarterly, or semi-annually, depending on the type of account you have and the services you use. You agree to examine all statements and any accompanying items promptly upon receipt and to notify us immediately and provide all relevant facts and documentation we reasonably request if you discover any unauthorized signatures, alterations, or other errors with your statement. Your failure to notify us promptly of any discovered errors may affect your ability to be reimbursed for any losses that you incur as a result. Unless applicable lawlaw requires a longer period of time, your statement and all identified transactions will be deemed correct and free of forgeries, alterations, or other errors if you fail to alert us otherwise within thirty (30) calendar days after we send you the statement. We will send or make available your statements to the address we have for you monthly statements in our records, unless you have requested and we have approved another means of account (called statements) for each billing period during which there are delivery. If any charges or a balance owing statement is returned to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day because of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue an incorrect or you have a credit balanceotherwise undeliverable address, we may stop sending statements to you statementsuntil you provide a correct and deliverable address. Always The law permits you to ask us to stop payment of checks drawn on your account. Within a reasonable time before the check each statement for accuracy and contact or other item is presented, you must tell us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days the exact amount of the closing date shown check, the check number, the check date, and the full number of the account on which it is drawn for us to be able to stop it. You may also ask us to stop payment of electronic debits to your statement. account by following the procedures described in Part V of this Agreement, under the heading “Stopping Electronic Payments.” If the information that you give us is not correct, or if you do not inform give us in any other reasonable information that we ask for about the check or debit, or if you do not give us the information within a timely mannerreasonable time before the check or debit is presented, we will not be responsible if we are not able to stop it. Regular stop payment orders are effective for six (6) months. Extended stop payment orders are effective for five (5) years. At the end of the effective period for either type of stop payment order, the statement order will expire unless at that time you request an additional stop payment order. You may request either an additional six (6) month (regular) or five (5) year (extended) stop payment order. A stop payment fee will be considered accurate except imposed for each regular and extended stop payment order. We are not obligated to accept a stop payment order on any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statementcashier’s check, treasurer’s check, certified check, or money order. If we agree to do so, we may first require you to post a surety bond indemnifying us for any potential damages and/or file a declaration of loss in any form we reasonably request. If your passbook is lost, stolen, or destroyed, we will ask you to complete a written request, in the form that we require, to pay the money in your account to you agree or to promptly provide us with written confirmation of your complaint another account. We will not pay you the money or problemtransfer the money into another account until we receive a request that has been properly completed and submitted by all account holders and all account holders present satisfactory identification to us. If you enroll in online statements you agree applicable law requires that public notice be given of the loss or theft of the passbook, we will also require that adequate notice be given, at your expense, and that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part receive satisfactory proof of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duesuch notice.

Appears in 1 contract

Sources: Deposit Account Agreement

Statements. Subject to applicable law, we We will generally send or make available to you monthly statements one Statement for your Account at the end of account (called statements) for each billing period during which there are any charges or a balance owing to us on the accountBilling Cycle. Each statement The Statement will show important information about the activity on your accountCard and Account during the Billing Cycle and will tell you the New Balance you owe on your Account as of the closing date of the Billing Cycle, such as the outstanding balance on minimum payment due (“Minimum Payment”), and the Payment Due Date (which date is at least 21 days after the Statement closing date). The “closing date” is the last day of the Billing Cycle. All transactions that post to your Account after the closing date will appear on your next Statement. Please review each Statement carefully. Preservation of your rights under federal law regarding resolution of billing period (called errors depends upon your timely recognition of potential errors, as explained below in the new balance)Billing Rights section of this Agreement. Under certain circumstances, the minimum payment duelaw may not require us to send or make available to you a Statement, the payment due date and will include charges made by you and any supplementary cardmembersor may prohibit us from doing so. If your account is seriously overdue or you have a credit balancean event of default occurs under this Agreement, we may may, in our sole discretion, stop sending you statementsStatements if we deem your Account uncollectible or if we institute delinquency collection proceedings. Always check You must pay at least the Minimum Payment for each statement for accuracy and contact us as soon as possible if you need more information about a charge Billing Cycle by the Payment Due Date shown on each Statement. The Minimum Payment will be rounded to the nearest dollar. The Minimum Payment includes any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days amount past due plus whichever of the closing date shown following amounts are greater: ● $35.00 or the Account’s entire balance if the New Balance is less than $35.00. ● 1% of the New Balance on your statement. If billing statement plus the total we bill you do not inform us in a timely mannerduring the Billing Cycle for periodic finance charges, any annual fee, late fee, or penalty fee, or the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over timethat exceeds your credit limit. If your New Balance is less than $35.00, subject your Minimum Payment is equal to the conditions set out total New Balance. In addition to the Minimum Payment, you may pay all or part of the total balance on your Account at any time without incurring any prepayment charge. You must always pay at least the Minimum Payment each Billing Cycle by each applicable Payment Due Date, even if you paid more than the Minimum Payment due in this agreementa previous Billing Cycle. Generally, credits to your Account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Minimum Payment. If your New Balance is not paid in full before the applicable Payment Due Date, finance charges will continue to accrue, even if you paid the Minimum Payment. If you choose to use this featureoverpay or if there is a credit balance on your Account, we must still receive at least the minimum payment amount indicated will not pay interest on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duesuch amounts.

Appears in 1 contract

Sources: Cardholder Agreement

Statements. Subject We will issue quarterly account statements to applicable lawyou electronically, which you can review by accessing and enrolling in our online portal known as “AccuNet.” You can access our online portal from our website ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Hard copy statements are available upon request subject for a fee (see our IRA Fee Schedule for the current fee). In addition, each year we will send or make available mail IRS form 5498 to you monthly statements within time frames established by the IRS. For any investment which pays or reinvests earnings, such transactions may not be reflected on your account statement until the quarter in which we receive payment confirmation from the investment sponsor verifying the transaction and investment position. Please keep this in mind when reviewing your account statement. Your account statement (and any reported values therein) should not be used as the basis for making, retaining or disposing of an asset. You should review each account (called statements) for each billing period during which there are statement carefully and promptly report any charges or a balance owing discrepancies to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 30 days of the closing date shown on your statementstatement date. If you we do not inform us in a timely mannerreceive your written objections within this time period, we shall be relived of all liability for the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item report, discrepancy, act or procedure reflected on the statement. If we requestBecause this is a Self‐Directed Individual Retirement Account, you agree to promptly provide us with written confirmation no projection of the growth of your complaint IRA can reasonably be shown or problemguaranteed. If Factors influencing the value of your IRA Account will include the investments you enroll or your duly Authorized Agent choose for your IRA, IRA fees charged by us, and the earnings you receive from investments. The investments available under this self‐directed IRA include a wide range of publically and non‐publically traded assets. It is therefore impossible to estimate the value of the IRA assets at any given future point in online statements time. This IRA will be subject to fees including establishment, annual, transaction, cash management, special services, and termination charged by us. Please refer to M2 Trust’s published fee schedule for more information about our fees. We reserve the right to change our fees after notice to you, as provided in the IRA Custodial Agreement. In addition, depending on the investments that you agree or your Authorized Agent choose, your IRA may be subject to sales commissions or other fees charged by broker dealers, investment companies, etc. All cash received for your Account will be placed in our Cash Management Account awaiting investment directions from you. Accounts that close during a month will not earn interest for that month. With respect to earnings, the method for computing and allocating earnings (interest, dividends, etc.) on your investments will vary with the nature and issuer of the investment chosen. Please refer to the prospectus or contract of the investment(s) of your choice for the method(s) used for computing and allocating annual earnings. M2 Trust Services, LLC ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Denver, CO 80202 Phone: (888) 265‐1225 FACTS What does M2 Trust Services, LLC (“M2 Trust”) do with your personal information? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we may stop sending paper statementscollect, share, and protect your personal information. You agree that any specific terms about online statements that Please read this notice carefully to understand what we provide do. What? The types of personal information we collect, and share depend on the product or service you have with us. This information can include:  Social Security number and transaction history  Account balances and payment history  Credit history and overdraft history When you are no longer our customer, we continue to share information as described in this notice. How? All financial companies need to share customer’s personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customer’s personal information, the reasons M2 Trust chooses to share, and whether you can limit this sharing. Reasons we can share your personal information Does M2 Trust share? Can you limit this sharing? For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes – to offer our products and services to you Yes No For joint marketing with other financial companies No We do not share For our affiliates’ everyday business purposes – information about your transactions and experiences Yes No For our non‐affiliates’ everyday business purposes – information about your account Yes No For affiliates to market to you No We do not share For non‐affiliates’ to market to you No We do not share QUESTIONS? For Questions or to limit our sharing Call 888‐265‐1225. Who is providing this notice? M2 Trust Services, LLC How does M2 Trust protect my personal information? To protect your personal information from unauthorized access and use we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. M2 Trust Services, LLC ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ Denver, CO 80202 Phone: (888) 265‐1225 How does M2 Trust collect my personal information? We collect your personal information, for example, when you  Open an account or deposit money  Provide account information or give us your contact information  Direct us to buy or sell investments  Use your credit or debit card Why can’t I limit all sharing? Federal law gives you the right to limit only  Sharing for affiliates’ everyday business purposes – information about your creditworthiness  Affiliates from using your information to market to you  Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing for an account, I hold jointly with someone else? Your choice will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated everyone on your statement. If account unless you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is duetell us otherwise.

Appears in 1 contract

Sources: Individual Retirement Account Adoption Agreement

Statements. Subject to applicable law, we The Credit Union will send or make available all statements, notices and any other information pertaining to you monthly statements an account to the address of account (called statements) for each billing period during which there are any charges or a balance owing to us the first named member on the account. Each Account owner agrees to advise the Credit Union in writing of any changes of address. You should carefully examine the statement will show important information about when you receive it. If you feel that there is an error on the statement, or that someone has made an unauthorized debit to your account, you must notify the Credit Union immediately. The statement is considered correct unless you notify the Credit Union promptly in writing after any error is discovered. Moreover, because you are in the best position to discover and report any unauthorized debit, you agree that the Credit Union will not be liable for paying such as liens if (a) you do not notify any unauthorized debit to the outstanding balance on the last day of the billing period Credit Union within thirty (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 30) calendar days of the closing mailing date shown on your statementof the earliest statement containing the unauthorized debit, or b) the unauthorized items were drawn in such a way that (as by a facsimile machine or otherwise), lack of authority could not be detected by the Credit Union. DEPOSITS: All deposits made to the Credit Union are subject to Regulation CC and the Expedited Funds Availability Act. The Credit Union may refuse any deposit, limit the amount that may be deposited, and return all or any part of any deposit without notice. If you do not inform us in a timely mannerdeposits are made to an account(s) with other than cash, the statement will be considered accurate except for any amount which has been improperly credited such items are subject to the account and you may not later make a claim against us in respect of any item on the statementcollection. If we requestfunds are made available for use prior to collection of such items, you agree to promptly provide us with written confirmation pay or otherwise reimburse the Credit Union for any funds that are not collected. FEES AND CHARGES: A list of your complaint or problemCredit Union fees for certain services will be provided to you. If you enroll in online statements you agree that we These charges are subject to change at any time. Notification of any charges will be provided at least 30 days before any change is effective. Other charges and fees may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, be instituted subject to the conditions limitation set out in this agreementforth above. Refer to the Credit Union’s Service Fee Schedule for up-to-date information. If you choose the Credit Union incurs any expenses, including but not limited to use this featureadministrative costs and reasonable attorney fees in responding to an attachment, we must still receive at least garnishment or other levy, that is not otherwise reimbursed, it may charge such expense to your account without prior notice to you, EFFECT OF INSTRUCTIONS: Instructions may be given orally, by telephone or in person, in writing; through an ATM, point of sale terminal, computer terminal, or any other method authorized by the minimum Credit Union. Each instruction for a withdrawal or transfer of funds from an account of account owner(s) will have the legal effect of the account owner(s) authorization, written draft, or order. Each instruction for a deposit or other transfer of funds to an account will have the legal effect of authorizing the Credit Union as account owner(s) agent for collection, until the Credit Union receives final payment amount indicated on your statement. If you use this feature, interest will apply. Please see in the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included same manner as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is due.with checks

Appears in 1 contract

Sources: Membership Agreement

Statements. Subject You will continue to applicable lawreceive your regular account statement either monthly or quarterly, we will send or make available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us depending on the type of account. Each statement will show important information about your accountIN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS: Telephone us at (▇▇▇) ▇▇▇-▇▇▇▇ or (▇▇▇) ▇▇▇-▇▇▇▇ or write us at Cape ▇▇▇ Savings Bank, such as the outstanding balance on the last day of the billing period (called the new balance)Attn: Internet Banking Dept., the minimum payment dueP.O. ▇▇▇ ▇▇▇, the payment due date and will include charges made by you and any supplementary cardmembers▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact Notify us as soon as possible if you think your statement is wrong or if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item transfer listed on the statement. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared. • Tell us your name and account number. • Describe the error or transfer you are unsure about and explain as clearly as you can why you believe it is in error or why you need more information. • Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we requestneed more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. We will tell you about the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may inspect or ask for copies of the documents that we use in our investigation. If there is no error, we may impose on you a reasonable charge for making such reproductions. LIMIT OF CAPE ▇▇▇ SAVINGS BANK’S RESPONSIBILITY Cape ▇▇▇ Savings Bank agrees to make reasonable efforts to ensure full performance of Online Banking. Cape ▇▇▇ Savings Bank will be responsible for acting only on those instructions sent through Online Banking which are actually received and cannot assume responsibility for circumstances over which the Bank has no direct control. This includes but is not limited to, the failure or malfunctions in communication facilities, which may affect the accuracy or timeliness of messages you send. Cape ▇▇▇ Savings Bank is not responsible for any losses should you give incorrect instructions, or if your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service. Cape ▇▇▇ Savings Bank is not responsible for any fees incurred for Internet access, or for any computer virus or related problems that may be attributable to services provided by any Internet access service provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. Cape ▇▇▇ Savings Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software. The limit of Cape ▇▇▇ Savings Bank’s liability shall be as expressly set forth herein. Under no circumstances will Cape ▇▇▇ Savings Bank be liable in contract, tort, or otherwise for any special, incidental, or consequential damages, whether or not foreseeable. By consenting to use the Services, you agree to promptly provide us with written confirmation waive any and all right to any of the aforesaid, and you acknowledge that the limit of your complaint remedy is as otherwise expressly, set forth herein. RESPONSIBILITY OF CAPE ▇▇▇ SAVINGS BANK Cape ▇▇▇ Savings Bank will be responsible for your actual losses if they were directly caused by our failure to: * Complete an Electronic Funds Transfer as properly requested * Cancel an Electronic Funds Transfer as properly requested. However, we will not be responsible for your losses if: * Through no fault of Cape ▇▇▇ Savings Bank, you do not have enough money in your account to make the transfer. * Through no fault of Cape ▇▇▇ Savings Bank, the transaction would have caused you to exceed your available credit. * Circumstances beyond our control (e.g., fire, flood, power outage, mail delivery delays, equipment or problemtechnical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken. * There is a hold on your account, or if access to your account is blocked in accordance with banking policy. * Your funds are subject to legal process or other encumbrance restricting the transfer * Your transfer authorization terminates by operation of law. * You believe someone has accessed your accounts without your permission and you fail to notify Cape ▇▇▇ Savings Bank immediately. * The Bank has a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring, or if you default under this Agreement, the Deposit Account Agreement, a credit agreement, or any other agreement with us, or if this agreement is terminated. There may be other exceptions stated in this agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed. ELECTRONIC MAIL (EMAIL) Email is not a secure means of transmitting information. For your protection, the Cape ▇▇▇ Savings Bank does not send out confidential or private information in email messages. Also, for your protection, do not include any confidential or private information in email that you are sending to the Cape ▇▇▇ Savings Bank, such as, account numbers, social security numbers or passwords. If you enroll in online statements send Cape ▇▇▇ Savings Bank an electronic mail message through the Service, the Bank will be deemed to have received it on the following Business Day. Emails will be answered within a reasonable timeframe. You should not rely on electronic mail if you agree need to communicate with Cape ▇▇▇ Savings Bank immediately (e.g., if you need to report an unauthorized transaction from one of your accounts, or if you need to stop a payment that we may stop sending paper statementsis scheduled to occur). In these cases, you should call the Bank at (▇▇▇) ▇▇▇-▇▇▇▇ or (800) 283- 2272. In addition to your email or telephone call please provide the Bank with a follow-up letter and send it to: Cape ▇▇▇ Savings Bank, P.O. Box 330, Attn: Internet Banking Services, Gloucester, MA 01930. You agree that any specific terms about online statements that we provide Cape ▇▇▇ Savings Bank may respond to you will apply by electronic mail with regard to any matter related to the Service, including responding to any claim of unauthorized electronic funds transfer that you make. Any such electronic mail sent to you by Cape ▇▇▇ Savings Bank shall be considered received within three (3) days of the date sent by Cape ▇▇▇ Savings Bank, regardless of whether or not you sign on to the Service within that time frame. OTHER AGREEMENTS In addition to this Agreement, you and form part Cape ▇▇▇ Savings Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Cape ▇▇▇ Savings Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this agreementAgreement. If We will automatically deduct any fees related to this Service from your account each month. All terms and conditions of the disclosures provided to you do at account opening, including but not receive limited to, the Truth in Savings, Regulation E Disclosure, Depositor's Agreement and Terms and Conditions apply to this Service. MODIFICATIONS TO THIS AGREEMENT Cape ▇▇▇ Savings Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a statement in any monthnotice of the modifications to you at the address shown on our account records, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due daterevised terms and conditions shall be effective at the earliest date allowed by applicable law. The flexible payment option We may send any notice to you via electronic mail, and you will have been deemed to have received it three (3) days after it is a feature that allows sent. We reserve the right to terminate this Agreement and your use of the Services in whole or in part at any time without prior notice if you to pay a portion violate the terms of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueaccount agreement(s).

Appears in 1 contract

Sources: Internet Banking Terms and Conditions Agreement

Statements. Subject You agree to applicable law, we will send promptly examine and reconcile your paper or make electronic periodic statement upon receipt of or within 30 days from when the statement is first sent or made available to you monthly statements and to notify us immediately by telephone or by email of account any discrepancy between the statement and your records. If you fail to do so, you may have to either bear the loss yourself or share the loss with us (called statements) depending on whether we used appropriate care and/or whether we in any significant way contributed to the loss). For consumer accounts, you are afforded specific protections under Regulation E for each billing period during which there transactions that are any charges defined as electronic fund transfers. Any electronic fund transfer you believe was unauthorized or a balance owing processed in error must be reported to us no later than 60 days after we sent or made available to you the first statement on which the problem or error appeared. For additional information about Regulation E and electronic fund transfers to or from consumer accounts, see the section in this Agreement titled: “ELECTRONIC FUND TRANSFERS AND RELATED DISCLOSURES FOR CONSUMER/PERSONAL ACCOUNTS.” If you fail to discover or notify us of any unauthorized signature, forgery or alteration on the face or back of the check or any unauthorized draft or similar item that is not defined as an electronic fund transfer (covered separately in this Agreement for consumer/personal accounts) on your account within 30 days after the first statement on which the transaction appeared is made available to you, you cannot make any claim against us with respect to the check, draft, or item. In addition, we are not liable for an item that has been forged or altered in such a way that a reasonable person could not discover the forgery or alteration. You are in the best position to detect an unauthorized signature, a forged endorsement, a material alteration, an unauthorized paper draft or any unauthorized item on your account. Each statement will show important If you notify us of an unauthorized signature, forgery or alteration on the face or back of any check, any unauthorized paper draft, or any unauthorized item on your account within the time period required by the terms of this disclosure, we may investigate your claim for up to 60 days after receipt from you of all information about we may request from you regarding such claim. During any investigation of your claim of any unauthorized signature, forgery, alteration, unauthorized paper draft, or unauthorized item that is not defined as an electronic fund transfer with respect to your account, we may elect to freeze or not credit you for the amount of such as the outstanding balance on the last day item(s) until we have completed our investigation. We are not responsible for any temporary unavailability of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If funds in your account is seriously overdue or you have a credit balanceduring the time in which the disputed item(s) are under investigation. This includes forged checks, we may stop sending you statements. Always check each statement for accuracy unauthorized paper drafts and contact us unauthorized items not defined as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint or problem. If you enroll in online statements you agree that we may stop sending paper statements. You agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is dueelectronic fund transfers.

Appears in 1 contract

Sources: Account Agreement

Statements. Subject You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to applicable lawdo 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 contributed to the loss). The loss could be not only items on the statement, but other items with unauthorized signatures or alterations by the same wrongdoer. You agree that the reasonable 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 thirty (30) days from when the statement is first sent or 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 sixty (60) days of when we first send or make available to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the statement will be considered accurate except for any amount which has been improperly credited to the account and available, you may cannot later make assert a claim against us on any items in respect of that statement, and as between you and us the loss will be entirely yours. This sixty (60) day limitation is without regard to whether we used ordinary care. You may stop payment on any item drawn on your account whether you sign the statementitem or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. A release of the stop payment request may be made only by the person who initiated the stop payment order. Our stop payment cutoff 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 (for example, we paid the item in cash or we certified the item). Checks: You can give us a notice to stop payment on a check orally or in writing. In placing your stop payment order, you must describe the check by giving the account number, check date, check number, exact amount of the check, and name of payee in order for us to not pay the item. If you give us oral notice, we may require that you put your notice in writing to us within fourteen (14) days. We have a special form for this purpose. If we requestrequire that you put your notice in writing and you do not put your notice in writing, you agree to promptly provide us with written confirmation then your notice will expire at the end of your complaint or problemthe fourteen (14) day period. If you enroll put your notice in online statements you agree that we may writing to us, then your stop sending paper statements. You agree that any specific terms about online statements that we provide to you payment will apply and form part remain in effect for a total of this agreementsix (6) months. If you do not receive a statement in any monthwant to continue your stop payment notice for additional six (6) month periods, for example as a result of postal delay or interruption, then you must contact us renew your notice before the current notice expires. We impose a fee for each notice and each renewal whether given verbally or in writing. (Refer to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion our Schedule of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Fees & Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is due.)

Appears in 1 contract

Sources: Deposit Account Agreement

Statements. Subject to applicable You will receive a periodic statement showing the transactions under this Agreement for the period covered by the statement. Unless otherwise required by law, we notice to any one of you will send or make available be considered notice to you monthly statements of account (called statements) for each billing period during which there are any charges or a balance owing to us on the accountall. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statement. If you have a complaint or problem with your statement or any charge on it, inform us immediately but in any event you should contact us within 21 days of the closing date shown on your statement. If you do not inform us in a timely manner, the Your statement will be considered accurate except for any amount which has been improperly credited a correct statement of your account unless you notify the Credit Union within sixty (60) days of the statement date. UPDATED INFORMATION - You will provide updated financial information to the account and Credit Union on its request. The Credit Union may from time to time obtain information about you may not later make a claim against us in respect of any item on the statement. If we request, you agree to promptly provide us with written confirmation of your complaint from credit reporting agencies or problem. If you enroll in online statements you agree that we may stop sending paper statementsother sources. You agree that will notify the Credit Union CHANGES TO THIS AGREEMENT - The Credit Union can change the terms of this Agreement, including any specific terms about online statements that we provide periodic rate and corresponding Annual Percentage Rate, in accordance with applicable laws and regulations. Any such changes may apply to outstanding balances as well as additional advances to the extent permitted by law. An increase in the daily periodic rate because of a variable interest rate is not considered a change in terms. TERMINATION OF THIS AGREEMENT - You or the Credit Union can cancel this Agreement at any time. Termination of this Agreement by you or the Credit Union will apply and form not change your obligations with respect to outstanding loans. NO WAIVER OF RIGHTS - The Credit Union's delay or failure to exercise its rights does not give up or waive these rights. The Credit Union's acceptance of partial or late payments, even if marked paid in full, does not waive any of its rights. SUCCESSORS - Anyone taking your place such as heirs, legal representatives, or successors has the same obligations as you have under this Agreement. PARTIAL VALIDITY - If the law or any court decision makes any part of this agreementAgreement invalid or unenforceable, the other terms will remain in effect. If you do SECURITY - AS SECURITY FOR THIS AGREEMENT YOU GRANT TO THE CREDIT UNION A SECURITY INTEREST IN ALL INDIVIDUAL AND JOINT ACCOUNTS YOU HAVE IN THE CREDIT UNION, NOW AND IN THE FUTURE. YOU AUTHORIZE THE CREDIT UNION TO TAKE THAT MONEY AND APPLY IT TO WHAT YOU OWE IF YOU ARE IN DEFAULT. You are not receive a statement in any month, for example as a result of postal delay or interruption, you must contact us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is due.giving a

Appears in 1 contract

Sources: Membership and Account Agreement

Statements. Subject to applicable law, we The bank will send or make available to you monthly statements a statement of account, which provides the check or item number, amount and date of payment for all checks or items paid from your account during the period of time covered by the statement of account. The Bank does not include original checks or items with your statement of account but provides an image copy of each check presented for payment during that statement cycle. You have the right to request an image of any check or item paid from your account and agree that the Bank has a right to destroy the original checks or items after 90 days from the date the checks or items are paid. You must examine your statement of account with “reasonable promptness.” If you discover (called statementsor reasonably should have discovered) for each billing period during which there are any charges unauthorized payments or a balance owing to alterations, you must promptly notify us on the account. Each statement will show important information about your account, such as the outstanding balance on the last day of the billing period (called the new balance), the minimum payment due, the payment due date and will include charges made by you and any supplementary cardmembers. If your account is seriously overdue or you have a credit balance, we may stop sending you statements. Always check each statement for accuracy and contact us as soon as possible if you need more information about a charge on any statementrelevant facts. If you fail to do either of these duties, you will have a complaint to either share the loss with us or problem bear the loss entirely yourself (depending on whether we exercised 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 must examine your statement and report to us will depend on the circumstances, but that such time will not, in any circumstance, exceed a total of 60 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 charge on it, inform us immediately but other errors in any event you should contact us your account within 21 60 days of the closing date shown on your statement. If you do not inform us in a timely manner, when we make the statement will be considered accurate except for any amount which has been improperly credited to the account and available, you may cannot later make assert a claim against us on any items in respect of any item on that statement, and the statementloss 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 previously stated in this paragraph. If we requestyou claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to promptly provide us with written confirmation an affidavit containing whatever reasonable information we require concerning your account, the transaction and the circumstances surrounding your claim. You also agree to make a report to the police and provide us with a copy of the report upon our request. Your statements and notices will be mailed to the last address we have on file for the account. If your signature card indicates that statements and notices are to be held by us, we may mail them to the last address on file for the account if they are not picked up in 60 days. You assume full responsibility for notices, vouchers, checks, items, statements, and other documents which are lost, destroyed or stolen while in the mail or in transit to or from you or a third party. You agree to promptly return any checks or other items to us which do not belong to you. If two consecutive statements and/or notices are returned to us by the Postal Service for any reason, we may hold subsequent statements and notices of every kind until we receive forwarding information from you and we may destroy such statements and notices if you do not claim them within five years from the date of the mailing. SAFEGUARDING BLANK CHECKS: You agree to safeguard your blank checks and to take reasonable steps to prevent unauthorized access to or use of your complaint or problemchecks. This means you will store them under proper control in a secure location. If you enroll in online statements are a business, you agree to store them in a secured, locked location accessible only to authorized signers. This also means you agree to regularly inspect your check supply to ensure that we may stop sending paper statementsno unauthorized removal of checks has occurred. You further agree that any specific terms about online statements that we provide to you will apply and form part of this agreement. If you do not receive a statement in any month, for example as a result of postal delay or interruption, you must contact notify us to check what payment is due and the due date. The flexible payment option is a feature that allows you to pay a portion of your balance over time, subject to the conditions set out in this agreement. If you choose to use this feature, we must still receive at least the minimum payment amount indicated on your statement. If you use this feature, interest will apply. Please see the “Charge Card/Interest Charges” section of this agreement for details on how interest is calculated and charged. The flexible payment option is subject to a limit (the “flexible payment option limit”) and any billed balance above this limit will become due in full, and will be included as part of your required minimum payment amount. Please see the “Minimum Payment” section of this agreement for details on how your minimum payment is calculated and when it is due.immediately if one or

Appears in 1 contract

Sources: Deposit Account Agreement