CONSUMER ACCOUNT AGREEMENT AND DISCLOSURES

Transcription

1 CONSUMER ACCOUNT AGREEMENT AND DISCLOSURES

2 TABLE OF CONTENTS GENERAL TERMS AND CONDITIONS OF THE AGREEMENT 1 ELECTRONIC FUND TRANSFERS AGREEMENT AND DISCLOSURES 28 FUNDS AVAILABILITY POLICY STATEMENT 44 SUBSTITUTE CHECKS AND YOUR RIGHTS 47 OVERDRAFT PRIVILEGE SERVICE TERMS 49

3 GENERAL TERMS AND CONDITIONS OF THE AGREEMENT IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT - To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. AGREEMENT - This Consumer Account Agreement (the Agreement ), along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully and retain for future reference. If you sign the signature card or open or continue to have your account with us, you agree to this Agreement in its most current version; a copy of which is available at www. bankatunited.com. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this Agreement. If you have any questions, please call us. This Agreement is subject to applicable federal laws and applicable laws of the State in which your account was opened, as reflected in our records, and other applicable rules such as the operating circulars of the Federal Reserve Banks and payment processing system rules (except to the extent that this Agreement can and does vary such rules or laws). If your account was not opened in person with a Bank representative or at an office of the Bank (for example, if you opened your account over the Internet), your account will be governed by the laws of the State in which the Bank s main office is located, unless the Bank notifies you that your account has been assigned to a particular office of the Bank, in which event the laws of the State in which that office is located will govern your account. The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this Agreement is to: 1

4 (1) summarize some laws that apply to common transactions; (2) establish rules to cover transactions or events which the law does not regulate; (3) establish rules for certain transactions or events which the law regulates but permits variation by agreement; and (4) give you disclosures of some of our policies to which you may be entitled or in which you may be interested. If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document. As used in this Agreement the words "we," "our," and "us" mean United Bank and the words "you" and "your" mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. However, this Agreement does not intend, and the terms you and your should not be interpreted, to expand an individual s responsibility for an organization s liability. If this account is owned by a corporation, partnership or other organization, individual liability is determined by the laws generally applicable to that type of organization. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular. This Agreement (including any documents, schedules or disclosures mentioned herein or added in the future) constitutes the entire agreement between you and United Bank and supersedes prior oral or written representations, contracts, warranties, understandings, proposals, or agreements regarding your account. No person or entity will be deemed to be a third party beneficiary under this Agreement. ITEM - The term Item means a check, substitute check, purported substitute check, electronic item, draft, demand draft, remotely created item, remotely created consumer items, image replacement document, indemnified copy, 2

5 preauthorized draft, or other order or instruction for the payment, transfer, or, withdrawal of funds (including a withdrawal slip or bill payment instruction), deposited item returned unpaid, automatic transfer, and electronic transaction including Automated Clearing House (ACH), and recurring debit card transactions or a photocopy of any of the foregoing. Item also includes any written document created or authorized in your name that would be a check or draft but for the fact that it has not been signed. An item may also include a cash-in ticket or a deposit adjustment. LIABILITY - You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this Agreement and the schedule of fees. You authorize us to deduct these charges directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this Agreement. Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. You will be liable for our costs as well as for our reasonable attorneys fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys fees can be deducted from your account when they are incurred, without notice to you. BUSINESS DAYS - Every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing 3

6 or on a day we are not open, we will consider that the deposit was made on the next business day we are open. DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn "on us"). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we may provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received on a day we are not open for business, as if initiated on the following business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a thirdparty check for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence, unless prohibited by law. The Bank may, unless prohibited by applicable law. require more than one form of identification before permitting withdrawals or opening an account. There are also instances in which the Bank reserves the right not to accept a check for deposit or cash even though one or more forms of identification are provided. WITHDRAWALS Generally - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs in the space designated for signatures on the signature card may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person signing the signature card to endorse any item payable to you or your order for deposit to this account or any other transaction with us. If a withdrawal is made using an ATM or Point of Sale purchase outside the United States, the network that handles the transaction will convert the local currency amount of the transaction to US dollars (or in the case of Point of Sale purchases, the merchant that handles the transaction may convert the currency). If the network converts the currency, it will use either a rate selected by the network from the range of rates available in wholesale currency markets 4

7 for the applicable central processing date, which rate may vary from the rate the network itself receives, or the government mandated rate in effect for the applicable central processing date. Postdated checks - A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check even though payment was made before the date of the check, unless we have received written notice of post dating in time to have a reasonable opportunity to act. Because we process checks mechanically, your notice will not be effective and we will not be liable for failing to honor your notice unless it identifies the number, date, amount and payee of the item. Checks and withdrawal rules - If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on the account until your identity is verified. If you create your own checks or obtain them from someone other than us, and we cannot accurately verify your signature on a check by comparing it with a check that posted to your account, you are responsible for any losses that may result from our inability to use that check to verify your signature. See the Funds Availability Policy Statement portion of the Agreement for information about when you can withdraw funds you deposit. We may determine the amount of available funds in your account for the purpose of deciding whether to return for insufficient funds at any time between the times we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds. For those accounts to which our Funds Availability Policy Statement does not apply, you can 5

8 ask us when you make a deposit when those funds will be available for withdrawal. In addition, we may place limitations on the account until your identity is verified. If we are presented with an item drawn against your account that would be a substitute check as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such an item. Waivers - Even if we honor a nonconforming request, we are not required to do so later. We may treat continued abuse of the stated limitations (if any) as your act of closing the account, or we may at our option reclassify your account as a transaction account. The fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. Notice of withdrawal - If your account is a negotiable order of withdrawal account (NOW Account) or savings account, then in accordance with Regulation D, the Bank reserves the right to require seven days written notice before you withdraw money from your account. Age Exemptions (MA ONLY) - Except as indicated below, we do not intend to impose a fee, charge or other assessment against one savings and one checking account if you qualify as a minor (age 18 or under) or senior citizen (age 65 or over). You should notify us if you or your spouse qualifies so that we may administer your account accordingly. Despite this exemption, we may assess a fee for certain services in accordance with our published service charge schedule, including stop payment orders, wire transfers, certified or bank checks, money orders and deposit items returned, transactions at electronic branches and through other electronic devices, and services not directly associated with the deposit, withdrawal or transfer of funds from any such account; and we may assess you a reasonable charge when payment has been refused because of insufficient funds on any check or other transaction on the account (as permitted by law). This section applies to a savings account in trust for another person only if the trustee is a person 18 years of age or under or 65 years of age or older. OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - The rules in this portion of the Agreement apply to this account depending on the form of ownership and beneficiary designation, if any, specified 6

9 on the account records. We reserve the right to refuse some forms of ownership on any or all of our accounts. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds. Signature Card Designation - The classification of your account as a personal account or a business account and the form of ownership for your account are designated on the Signature Card you sign when you open the account. The following provisions describe the rules applicable to the various classifications and forms of ownership available. Only the provisions relating to the classification and form of ownership designated on the Signature Card applies to your account. Individual Account - is an account in the name of one person. Joint Account - With Survivorship (And not as Tenants In Common) - is an account in the name of two or more persons (where the other person is not a fiduciary or beneficiary). Each of you intends that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common. Each joint owner on an account may withdraw, by any means the Bank makes available, any or all of the funds on deposit, close the account, enter into special agreements regarding the account and stop payment on any check drawn on the account. Each joint owner guarantees the signatures of the other joint owners and authorizes the others to endorse checks for deposit if they are payable to any of the joint owners. Each joint owner is the agent of the other and owner authorizes the other to operate the account without the consent or approval of the other joint owner. Each joint owner is jointly and severally liable to us for all fee charges and amount charged to us, and all costs we may incur. Each joint owner also authorizes the Bank to exercise setoff and enforce its security interest in the entire joint account, even though only one of the joint owners is the debtor; these rights exist irrespective of who contributed funds to the joint account. Similarly, the Bank can enforce overdraft liability in the joint account against any joint owner individually. Garnishments, attachments or other liens against either or both joint 7

10 owners are subject to the Bank s right of setoff and security interest. Notice provided by the Bank to any one joint owner is notice to all joint owners. Revocable Trust Account - One or two of you (called grantors) may create such an account in trust for another (called a beneficiary ) by giving control of the account to a trustee. Payments may be made to the beneficiary, or if there are two beneficiaries, to either or both of the beneficiaries. Since the trust is revocable, the grantor(s) may close or change the account at any time. Generally, if you create such an account, the beneficiary cannot withdraw unless: (1) the person creating the account dies, and (2) the beneficiary is then living. The person creating this account type reserves the right to: (1) change the beneficiary, (2) change account types, and (3) withdraw all or part of the account funds at any time. That person s legal representative has that power if they are a minor or incapable. Irrevocable Trust Account - An Irrevocable Trust Account operates similarly to the Revocable Trust Account, with the exception that generally, the grantor(s) have no right to the account and may not change or close the account after it is opened. Irrevocable Trust accounts are not accepted without prior legal review. Power of Attorney - A power of attorney (or durable power of attorney) is a legal document where one person (the owner) gives a second person (the attorneyin-fact) the power to act on the owner s behalf. If you, as attorney-in-fact, are opening the account or adding your name to an existing account as an Authorized Signer under a power of attorney, you can deal with the funds in the account as prescribed by law and in the power of attorney. You must provide the Bank with a current and signed copy of the power of attorney as well as any certification required by the Bank regarding the power of attorney s effectiveness. The owner of the account may also withdraw funds from the account if he/she has also signed the Signature Card for the account. The power of attorney will end as provided by law; that is, when the owner terminates the power, dies, has a conservator appointed or becomes incompetent (unless the power of attorney directs otherwise as provided by law). The Bank is not responsible for the use made of the funds by you as attorney-in-fact or by another acting as your attorneyin-fact. The Bank reserves the right to review any power 8

11 of attorney before acceptance. The Bank reserves the right to confirm the validity of such a document before allowing a transaction to occur. The Bank also reserves the right, in its sole discretion, not to accept withdrawal or other requests which utilize a power of attorney. The Bank reserves the right to require the attorney in fact to supply full legal name, address, date of birth, taxpayer identification number and appropriate identification before honoring any power of attorney. Uniform Transfers to Minors Account - A Uniform Transfers to Minors Act (UTMA) account is governed by the Uniform Transfers to Minors Act of the state where the account is opened. All funds deposited in the account by you as custodian irrevocably become the property of the minor, but are to be managed for the minor s benefit by the custodian until the minor reaches the age of 21, at which time the custodian is responsible for distributing the funds to the minor. Only one custodian (who must be 21 or older) and one minor are allowed per account. Only the custodian may transact business on this account and the bank is under no duty to inquire into the circumstances of withdrawals signed by the custodian. The custodian may deposit or invest funds in any type of bank account. The minor has no right to withdraw funds from the account, only the custodian. Only the minor (above age 14) or the minor s parents or legal guardian may certify the minor s TIN. The law imposes certain fiduciary and record keeping obligations on an UTMA account custodian and requires that interest earnings be reported to the IRS under the minor s Social Security number. If you are not certain whether an UTMA account is the right choice, we strongly urge you to first seek professional legal, tax, investment and/or estate planning advice. Death or Incompetence of Account Owner - Notify us immediately if any account owner dies or is declared incompetent by a court. Until we receive notice otherwise, we may act as if all owners, signers and other people are alive and competent. After we receive notice of death or incompetence, we may freeze the account, refuse to accept transactions, and reverse or return deposits to the account. We are also not required to release funds in the account until we receive any documents we reasonably request to verify the death or incompetence, as well as who is entitled to the funds. If we have any tax liability because of paying funds in an account to you or your estate, you or your estate will be responsible 9

12 for repaying us the amount of that tax. You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or becomes legally incompetent. We may continue to honor your checks, items and instructions until: (a) we know of your death or incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify checks drawn on or before the date of death or legal incompetence for up to ten (10) days after your death or legal incompetence unless ordered to stop payment by someone claiming an interest in the account. If an account owner owes us a debt at the time of death, we may, unless prohibited by law, exercise our right of setoff (our right to apply funds in one account to the debt associated with another) or security interest rights against the account after the owner s death. We have these rights even if a surviving joint owner, a P.O.D payee, or a beneficiary of an ITF or trustee for account has rights to the account. Payable on Death Account ( P.O.D. ) - For an individual or joint account, you may choose to make your account payable on your death to your ( P.O.D. ) beneficiary. You can make your account a P.O.D. account by instructing us to list your P.O.D. beneficiary on the account and complying with applicable state law. The applicable state law usually imposes requirements that must be met to create a P.O.D. account. As an example, you may have to include certain words or letters in the account title to create a P.O.D. account, such as payable on death, P.O.D., in trust for, ITF, Transfer on death, TOD or Totten Trust. You are solely responsible for meeting these requirements. We may treat an account which names a P.O.D beneficiary as a P.O.D account. However, if the applicable requirements are not met, we may treat your account as though there is no P.O.D beneficiary. During your lifetime, a P.O.D account belongs to you. You may close the account, remove or add P.O.D beneficiaries, change the account type or ownership and withdraw all or part of the funds in that account. A P.O.D beneficiary does not acquire an interest in the account until after the death of the account holder or the last co-owner. A P.O.D beneficiary may acquire an interest in the account at that time only if the P.O.D beneficiary is alive. Should you name multiple beneficiaries to your account the funds will be distributed equally among all living beneficiaries upon your death. 10

13 AUTHORIZED SIGNER (Individual Accounts only) - A single individual is the owner. The authorized signer is merely designated to conduct transactions on the owner s behalf. The owner does not give up any rights to act on the account, and the authorized signer may not in any manner affect the rights of the owner or beneficiaries, if any. The owner is responsible for any transactions of the authorized signer. We undertake no obligation to monitor transactions to determine that they are on the owner s behalf. The owner may terminate the authorization at any time, and the authorization is automatically terminated by the death of the owner. However, we may continue to honor the transactions of the authorized signer until: (a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge. We may refuse to accept an authorized signer. For accounts opened in and subject to Massachusetts law, the owner shall appoint an authorized signer through a declaration of intent that complies with applicable Massachusetts law. HEALTH SAVINGS ACCOUNTS (HSA) - For your convenience, we permit you to take distributions from your HSA by check. This feature can raise a variety of tax concerns for example getting additional cash back on an HSA checking transaction. As a result, if you have more than one account with us, it is a good practice to make sure you are using the appropriate checkbook for the transaction. Also, it is your responsibility to ensure your distributions and other actions related to the HSA comply with the law, including federal tax law. As always, we recommend consulting a legal or tax professional if you have any questions about managing your HSA. The terms of this Agreement are intended to work in conjunction with the HSA Agreement provided to you earlier. In the event of a conflict, the terms of the HSA Agreement control. You understand that your HSA is intended to be used for payment of qualified medical expenses. It is your responsibility to satisfy any tax liability resulting from use of your HSA for any purpose other than payment or reimbursement of qualified medical expenses. We do not monitor the purpose of any transaction to or from your HSA. Nor are we responsible for ensuring your eligibility for making contributions or ensuring withdrawals are used for payment or reimbursement of qualified medical expenses. Refer to your HSA Agreement for more information relating to the use of your HSA. 11

14 ZERO BALANCE - Accounts with a zero balance for 30 days may automatically be closed. STOP PAYMENTS - Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such as consumer electronic funds transfers, may be established by law or our policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules. We may accept an order to stop payment on any item from any one of you. You must make any stop payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it. When you place your stop payment order we will tell you what information we need to stop payment. To be effective, your stop payment order must precisely identify the number, date and amount of the item and the payee. Notwithstanding our timely return of any item due to a valid stop payment order, you may still be liable under the laws governing your account for the amount of that item. You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. Generally, if your stop payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six month period. If the original stop payment order was verbal, your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop payment order expires. A release of the stop payment request may be made only by the person who initiated the stop payment order. If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order. Additional limitations on our obligation to stop payment 12

15 are provided by law (e.g., we paid the item in cash or we certified the item). TRANSFER LIMITATIONS - Federal Regulation D limits certain types of transfers or withdrawals from savings or money market accounts to a total of six (6) during any calendar month or statement cycle of at least four weeks, including: Transfers by phone using our automated banking service or speaking with a banker on the phone Transfers or payments through Online, Mobile and Text Banking (including Bill Pay) Transfers to a checking account for overdraft protection coverage Preauthorized transfers or withdrawals (including recurring and wire transfers) Payments to third parties such as checks, drafts, or other similar transactions (counted when they are posted to your account and not when they are written) Debit or ATM card purchases that post to savings account Not Limited: There are no limits on transfers or withdrawals made in person at an ATM, by mail, or United Bank banking locations or on any types of deposits. If you repeatedly exceed the allowed number of transfers, we reserve the right to revoke your privileges on that account or terminate your account. ACCOUNT COMPONENTS - All United checking accounts consist of a checking sub account and a savings sub account. The Bank may periodically transfer funds between these two sub accounts. If your Account is a Plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings sub account will be non-interest bearing. The savings sub account will be governed by the rules governing our other savings accounts. This process will not affect your available balance, the interest you may earn, FDIC insurance protection, or your monthly statement. AMENDMENTS AND TERMINATION - We may change any term of this Agreement at any time, but will provide notice of such change when required by applicable law. Rules governing changes in interest rates are provided separately in the Truth in Savings Disclosure Agreement that is a part of this Agreement and was provided to you 13

16 when you opened your account. For other changes, we will give you reasonable notice in writing or by any other method permitted by law. We may also close this account at any time upon reasonable notice to you and tender of the account balance personally or by mail. Items presented for payment after the account is closed may be dishonored. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be paid from the account. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we might immediately freeze or close your account and then give you notice. You agree to keep us informed of your current address at all times. Notice from us to any one of you is notice to all of you. If we have notified you of a change in any term of your account and you continue to have your account after the effective date of the change, you have agreed to the new term(s). STATEMENTS - Statements are a valuable tool to help prevent fraudulent or mistaken transfers. Your statement will show the transactions that occurred in connection with your account during the statement period. You have a duty to report unauthorized signatures, alterations and forgeries within certain time periods, as set forth below. You should keep a record of each transaction as it is made so that when we give you the information in the statement, you will have a complete understanding of each transaction listed. You have some responsibilities in connection with your statement. You must examine your statement with reasonable promptness. Also, 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 must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss). The loss you might bear, in whole or part, could be not only with respect to items listed on the statement, but also other items with unauthorized signatures or alterations by the same wrongdoer. Of course, an attempt can be made to recover the loss from the thief, but this is often unsuccessful. 14

17 You agree that if you fail to report any unauthorized signatures, alterations or forgeries on items reflected on a statement within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we exercised ordinary care. The limitation in this paragraph is in addition to those contained elsewhere in this section. Contact us if you do not receive your regular statement. If this is a business account, you agree that you will have at least two people review your statements, notices, and returned checks, or in the alternative, the person who reviews these will be someone who does not have authority to transact business on the account. You further agree that if you do not report to us an unauthorized item (e.g. forged, altered or counterfeit check) shown on a statement within 30 days following the date we send the statement (or otherwise make it available to you), we will not be liable to you for any unauthorized items that we pay after such thirty-day period that were drawn on your account by the same person who drew the first unauthorized item. Your duty to report other errors - In addition to the Uniform Commercial Code and other state law, you agree there is a common law duty to promptly review your statement for errors in addition to unauthorized signatures, alterations or forgeries. Promptly reviewing your statement is valuable to both you and us because it can help identify, correct and prevent future mistakes. 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 the statement available precludes you from asserting a claim against us for any such errors on items identified in that statement and as between you and us the loss will be entirely yours. Errors relating to electronic funds transfers or substitute checks - For information on errors relating to electronic funds transfers (e.g., computer, debit card or ATM 15

18 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 ADDRESS - You will keep us informed of your current mailing address. Any change of address must be done in writing by at least one accountholder. Any notice to or from any accountholder will be effective for all accountholders except as stated in this Agreement in connection with disputes. You agree that any notice, including notices of interest rate changes, changes of the fees and charges imposed by us, and any other notice we send you, will be effective if sent to the last address you furnished to us. If a notice or other correspondence is sent to your address according to our records, and is returned by the postal service as undeliverable for any reason other than our failure to pay proper postage, we need not send future notices to you until you have furnished us with a new address. You agree to be bound by any notice not sent to you because previous mailings were undeliverable. If you provide United Bank with an electronic address to which we may send electronic communications to you, you agree that we may send to you by electronic communication any information that the laws governing your account require to be sent to you in writing, provided such electronic communication does not violate the rules governing your account. Electronic communication means a message transmitted electronically in a format that allows visual text or images to be displayed on equipment such as a personal computer monitor, tablet or smart phone. ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent. DIRECT DEPOSITS - If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. 16

19 PLEDGES - Each owner of this account may pledge all or any part of the funds in it for any purpose to which we agree. Any pledge of this account must first be satisfied before the rights of any surviving account owner or account beneficiary become effective. For example, if an account has two owners and one of the owners pledges the account (i.e., uses it to secure a debt) and then dies, (1) the surviving owner s rights in this account do not take effect until the debt has been satisfied, and (2) the debt may be satisfied with the funds in this account. SETOFF - We may (without prior notice and when permitted by and in accordance with applicable 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. We may setoff money in your account to pay such debt which has come due, even if the setoff results in an interest penalty or the dishonor of checks. With respect to a joint account, each joint owner agrees that we may additionally use the money in their individual or other deposit accounts to satisfy any of their loan obligations to us that may become due, unless prohibited by law. We may also exercise a right of setoff against money in such account if the debtor is a joint owner of the account with you even if you are not indebted to us, and the debt becomes due, unless otherwise prohibited by law. The right of setoff does not apply to this account if it is an IRA or tax-deferred retirement account or other account where rights arise solely in a representative capacity, with respect to any debts created by a consumer credit transaction under a credit card, or if provided by any other law which restricts setoff. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff. FACSIMILE SIGNATURES - Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on your checks or other orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for all checks, 17

20 drafts, or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose. You must notify us at once if you suspect that your facsimile signature is being or has been misused. RESTRICTIVE LEGENDS/MULTIPLE SIGNATURE - The automated processing of the large volume of checks we receive prevents us from inspecting or looking for special instructions or restrictive legends on every check. Examples of restrictive legends are must be presented within 90 days or not valid for more than $1, For this reason, we are not required to honor any restrictive legend placed on checks you write. We can pay any check that bears an authorized signature, regardless of any printed legend or multiple signature lines that indicate you require multiple signatures. Any policy you adopt for multiple signatures on checks is for your internal control purposes only and shall not be binding or impose any duty of care on us. You bear the risk that a check bearing any authorized signature will be paid. We are not responsible for any losses, claims, damages or expenses that result from your placement of these or other special instructions on your checks. MULTIPLE SIGNATURES, ELECTRONIC CHECK CONVERSION AND SIMILAR TRANSACTIONS An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic funds transfer as defined in the Electronic Fund Transfer Act and Regulation E. In these types of transactions, the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the check to examine the signatures on the item. You agree that, as to these or any items as to which we have no opportunity to examine the signatures; you waive any requirement of multiple signatures. REMOTELY CREATED CHECKS - A remotely created check (sometimes called a TeleCheck); preauthorized draft or demand draft can be used to obtain payment from your account like any standard check or draft. However, unlike a typical check or draft, a remotely created check is not signed by you. In place of your signature, the check usually has a statement that you have authorized the 18

21 check or has your name typed or printed on the signature line. For example, if you provide your account number in response to a telephone solicitation, the telephone solicitor can use the account number to issue a remotely created check to withdraw money from your account. If you authorize a third party to draw a remotely created check against your account, you may not later change your mind and try to revoke your authorization or rescind payment by claiming that the check was unauthorized. We may honor the remotely created check and, if there are insufficient funds in your account, you still owe us the remaining balance. We may also refuse to honor any remotely created checks drawn on your account, without cause or prior notice. PAYMENT ORDER OF ITEMS - Generally, we will be posting checks in serial number order. Transactions with no serial number will generally be paid lowest to highest dollar amount. The law permits us to pay items drawn on your account in any order. If multiple types of items are presented on the same day for payment, they will generally be considered for payment in the following order: 1) ATM Withdrawals 2) POS Debits 3) Withdrawals made in person 4) ACH 5) Bill-Pay 6) Checks If an item is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item (NSF). The amounts of the overdraft and NSF fees are disclosed elsewhere. We encourage you to make careful records and practice good account management. This will help you to avoid writing checks or drafts without sufficient funds and incurring the resulting fees. CHECK PROCESSING - We may process items mechanically by relying on the information encoded in magnetic ink along the bottom of the items. This means that we may not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have not failed to exercise ordinary care solely because we use an automated system to process items and do not inspect all items processed in such a manner. We reserve the right not to inspect each item because 19

22 using an automated process helps us keep costs down for you and all account holders. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the times we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds. CHECK CASHING - We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other instrument written on your account. We may also require reasonable identification to cash such a check, draft or other instrument. We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint. OVERDRAFTS - You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. You agree that we may charge fees for overdrafts and use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees, provided that certain overdrafts will be governed by the terms and conditions of the Overdraft Privilege Service Terms, set forth later in this Agreement. STALE-DATED CHECKS - We are not obligated to, but may at our option, pay a check, other than a certified check, presented for payment more than six months after its date. If you do not want us to pay a stale-dated check, you must place a stop payment order on the check in the manner we have described elsewhere. CHECK STORAGE AND COPIES - You agree that you will not receive your canceled checks. We will store your canceled checks or copies of them for a reasonable retention period. You may request copies from us in the manner we require. ENDORSEMENTS - We may accept for deposit any item payable to you or your order, even if they are not endorsed by you. We may give cash back to any one of you. We may supply any missing endorsement(s) for 20

23 any item we accept for deposit or collection, and you warrant that all endorsements are genuine. To ensure that your check or share draft is processed without delay, you must endorse it (sign it on the back) in a specific area. Your entire endorsement (whether a signature or a stamp) along with any other endorsement information (e.g. additional endorsements, ID information, driver s license number, etc.) must fall within 1 1/2" of the trailing edge of a check. Endorsements must be made in blue or black ink, so that they are readable. As you look at the front of a check, the trailing edge is the left edge. When you flip the check over, be sure to keep all endorsement information within 1 1/2" of that edge. It is important that you confine the endorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed endorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your endorsement, another endorsement or information you have printed on the back of the check obscures our endorsement. CREDIT VERIFICATION - You agree that we may verify credit and employment history by any necessary means, 21

24 including preparation of a credit report by a credit reporting agency. ACH AND WIRE TRANSFERS - This Agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your account with us. If you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. For ACH transactions, we may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A- 403 (a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a credit to an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit. WHOLESALE WIRE AND ACH TRANSACTIONS - With respect to wire transfers or other transfers of funds not governed by the Electronic Funds Transfer Act and Regulation E, you agree to enter into and comply with our wire transfer (if applicable) agreement and to comply with our security procedures and this section. For ACH transactions, we advise you that any receiving financial institution (including us) is entitled to rely on any account or bank number you have provided even though that account or bank number may identify a party different from the person or entity you have described by name in any transfer order. (A) Provisional Payment - Credit given by us to you with respect to an ACH credit or wholesale (wire) funds transfer entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to your Account in connection with such entry, and the party (the originator of the entry) making 22