Dollar Bank Deposit Agreement
GENERAL PROVISIONS
1. Legal Effect of this Agreement. The
terms and conditions set forth in this agreement (the "Agreement")
govern all deposit accounts opened or maintained at Dollar Bank,
Federal Savings Bank on or after the effective date shown in this
Agreement. Throughout this Agreement, Dollar Bank, Federal Savings
Bank will be called "the Bank" and you, the person(s), partnership,
corporation, limited liability company, association or other entity
that opens or maintains one or more deposit accounts at the Bank,
will be called "you" or "your" in the possessive case. If you open
an account with the Bank and sign a Dollar Bank signature card (the
"Signature Card"), or if you continue to use or maintain your
deposit account at the Bank after the effective date of this
Agreement, you are agreeing to the bylaws of the Bank and the terms
and conditions contained in this Agreement, as both are now in
effect or are hereafter amended, and you agree that the Bank's
bylaws and this Agreement are binding on your heirs, successors,
representatives, agents and assigns. The account information
schedules for your account (the "Account Information Schedules"), as
amended from time to time, listing applicable fees and charges are
incorporated into this Agreement by this reference. This Agreement
is a legally binding contract. Please note it can only be modified
as provided in the Agreement. In establishing or maintaining an
account with the Bank, you acknowledge and agree that our
relationship is solely that of debtor and creditor and that the Bank
is not acting as a fiduciary for you or your benefit (including,
without limitation, with respect to accounts with an agency or other
fiduciary designation). A reproduction of this Agreement is
available at www.dollarbank.com/rulesandregs, at any branch
location, via mail at Dollar Bank, P.O. Box 765, Pittsburgh, PA
15230, via e-mail at customerservice@dollarbank.com or by calling
1-800-242-1616. If there is a conflict between this Agreement and
something said by an employee or officer of the Bank, this Agreement
will control.
2. Deposit Products. The Bank offers a
great variety of financial services and deposit products. This
Agreement covers all types of deposit accounts offered by the Bank,
now or in the future, and the term "account(s)" shall include
checking accounts, savings accounts, demand deposit accounts, money
market deposit accounts, and certificates of deposit. This Agreement
does not cover products such as loans, safe deposit boxes, credit
cards or other non-deposit products that the Bank may offer now or
in the future. In addition, some deposit accounts involve special
rules that are not set forth in this Agreement; these accounts
include IRA's, KEOGH Plans and other similar plans and certificates
of deposit. While this Agreement is generally applicable to these
accounts, they are also subject to additional rules designed to take
their unique characteristics into account. To the extent this
Agreement and those rules conflict, those rules will control.
3. Effect of State and Federal Laws and
Regulations. The deposit relationship between you
and the Bank is governed primarily by this Agreement. But it is also
governed by the laws of the United States; the rules and regulations
of the Board of Governors of the Federal Reserve System and various
Federal Reserve Banks; the rules and regulations of other proper
bank supervisory authorities and other governmental agencies;
applicable clearinghouse rules; and applicable state laws and
regulations. If you opened your account at one of the Bank's
branches or other offices, the applicable state law and regulations
for your account are those of the state in which that branch or
office is located. If your account was not opened at one of the
Bank's branches or other offices (for example, if it was opened by
mail or electronically through the Internet), the applicable state
law and regulations are those of the Commonwealth of Pennsylvania.
If any terms of this Agreement are in conflict with applicable law,
those terms will be nullified to the extent they are inconsistent
with the law, and the applicable law will govern. If any provision
of this Agreement is declared to be invalid, unenforceable or
illegal, that part will not affect the validity of the other
provisions.
4. Waiver of Notice. By signing the
Signature Card or continuing to use or maintain your account after
the date printed in this Agreement, you waive any notice of
non-payment, dishonor or protest regarding any items credited to or
charged against your deposit account. For example, if a check that
you deposit in your account is dishonored and returned to the Bank,
the Bank is not required to notify you of the dishonor.
5. Waiver of Rights by the Bank. The Bank
reserves the right to waive the enforcement of any of the terms of
this Agreement with you with respect to any transaction or series of
transactions. Any waiver will not affect the Bank's right to enforce
any of its rights with respect to other customers, or to enforce any
of its rights with respect to other transactions with you and is not
sufficient to modify the terms and conditions of this Agreement.
6. Modifications of the Agreement by the Bank.
The Bank reserves the right to modify the terms (including
the right to convert your account from one product to another) of
this Agreement at any time. Unless otherwise required by law, the
Bank may modify this Agreement by mailing to you, in your statement
or to your statement mailing address, a written notice of the
modification. Unless such modification is favorable to you or is
required by an emergency situation (in which case the Bank will give
you such notice as the Bank deems practicable), a modification will
become effective 15 days (or such later time as required by law)
following the date of mailing unless you consent to an earlier date.
Except as otherwise noted in this Agreement, modification or changes
in interest rates on interest-bearing accounts shall be made at the
Bank's sole discretion.
7. Right to Refuse Account and Termination of
Agreement. The Bank reserves the right to refuse to
open or maintain any account with any person or organization.
Moreover, this Agreement can be terminated (and your account closed)
by the Bank at any time by written notice. Such a termination will
not release you from any fees or other obligations incurred before
the termination, those you incur in the process of closing out your
account, or for your liability for outstanding checks, other items
or as may be permitted by law. You agree that notice of termination
of this Agreement by the Bank will be reasonable if it is mailed to
your mailing address as shown on the Bank's records at least ten
(10) days prior to the date of the termination. You agree also that
the Bank may close your account without giving you prior notice if
it has a zero balance for a period of six (6) months, a negative
balance, or the Bank reasonably believes that it evidences unusual
or suspicious activity.
8. Notices. Any written notice you give
to the Bank is not effective until it is actually received by the
Bank and the Bank has had a reasonable opportunity to act upon the
notice. Any written notice the Bank gives you is effective when it
is deposited in the United States mail to the last known address as
reflected on the records of the Bank. Notice to any one owner of an
Account is notice to all owners of that account.
9. Bank Cards. If the Bank issues a bank
card(s) to you for conducting transactions at Automated Teller
Machines ("ATMs"), debit transactions for purchasing goods or
services from merchants and/or for identification purposes, you
agree that any such card is the property of the Bank and may be
canceled by the Bank at any time without notice to you and must be
surrendered upon the Bank's request. You acknowledge that the
Personal Identification Number ("PIN") assigned to you for use with
a bank card has the same legal effect as your signature and is
personal and confidential. You agree to take all reasonable
precautions so that no one else learns the PIN, including not
communicating or disclosing the PIN to any other person, not writing
the PIN on your bank card, and not keeping a record of your PIN in
the same wallet or place as your bank card. You agree that if you
give your bank card and PIN to another person, you will be
responsible for any use of the card by such person, even if the
other person uses the card and PIN in an amount that exceeds any
limit you placed on such usage. You agree to report to the Bank any
loss or theft of your bank card or any other problem concerning your
Account. Your rights and liabilities will be as set forth in the
Regulation E - Electronic Funds Transfer Disclosure Statement
portion of this Agreement.
OWNERSHIP OF ACCOUNTS
1. Ownership Designation. The
classification of your account as a individual account or a business
account, and the form of ownership of your account, are designated
on the Signature Card you sign when you open the account. The Bank
may rely on the classification and form of ownership for an account
set forth on the Signature Card for all purposes relating to the
account. To the extent the Bank's records and the Signature Card
conflict regarding the form of ownership, the Signature Card will
control. To the extent the Signature Card is lost, destroyed,
illegible or otherwise unavailable, or, in the sole judgment of the
Bank, incapable of reasonable interpretation, the Bank's records
shall control. The provisions of this Part describe the rules
applicable to the various account classifications and forms of
ownership available. Only the provisions relating to the
classification and form of ownership designated on the Signature
Card apply to your account.
2. Consumer Accounts - Individual Accounts.
Consumer accounts are those established that are not business
accounts as defined later in this Agreement. By opening an account
that is designated as an individual account on the Signature Card
you are considered by the Bank as the sole owner of the account. You
may designate one or more other persons that may write checks on the
account by granting them a limited power of attorney on a form
acceptable to the Bank without granting them any ownership interest
in your account.
3. Consumer Accounts - Joint Accounts. A
consumer account opened by two or more persons is deemed to be a
joint account. It is your responsibility to determine the legal
effect of opening and maintaining a joint account. Except as
provided by law, if your account is a joint account, then you own
your account with the other account owner as joint tenants with the
right of survivorship and not as tenants in common. Upon the death
of a joint tenant, the surviving owner has the right to all the
funds in the account subject to the Bank's right of setoff and
security interest in the account. Except as provided by law, if more
than one joint tenant survives, they will own the account as joint
tenants with the right of survivorship and not as tenants in
common.
On the Signature Card, joint accounts may be designated as either
"AND" accounts or "OR" accounts. Except as specifically stated in
this section accounts designated as "AND" and accounts designated as
"OR" shall be treated in the same manner.
For AND accounts (for example, Joe Smith and Jane Doe), the
closing of the Account and all withdrawals, by any means the Bank
makes available, must be authorized jointly by all account owners so
designated; however, any account owner may make deposits to the
account and have access to account records.
For OR accounts (for example, Joe Smith or Jane Doe), any account
owner may authorize withdrawals, by any means the Bank makes
available, for any or all of the funds in the Account, may close the
Account, or may enter into special agreements regarding the
account.
If there is no designation, or no designation can be reasonably
discerned in the sole judgment of the Bank, the joint account shall
be deemed to be an "OR" account.
Unless the Bank receives other specific contrary instructions
signed by all joint depositors, each joint depositor hereby appoints
the other joint depositor(s) as attorney(s)-in-fact, so that any
joint depositor may endorse checks, drafts or other instruments
payable to any joint depositor and may make deposits to your
account; this initial appointment shall continue despite the later
disability, incapacity or death of any joint depositor until such
time as the Bank has been notified in writing of the revocation of
such appointment and has had a reasonable opportunity to act upon
such notice. Upon being notified of the death of any account owner,
the Bank may continue to honor items, other payment orders and
withdrawal requests made by any joint owner(s), in accordance with
applicable state law.
Each joint owner also authorizes the Bank to exercise setoff and
enforce its security interest in the entire joint account without
notice, even though only one of the joint owners is the debtor;
these rights exist regardless of who contributed funds to the joint
account. Similarly, the Bank can enforce overdraft liability (and
any related service charges and expenses) in the joint account
against any joint owner individually (and each joint owner agrees to
be jointly and severally liable for all overdraft liability in the
joint account (and any related service charges and expenses)), even
if the joint owner did not sign the item creating the overdraft or
receive any benefit from its proceeds. Except as required by
applicable law, garnishments against either or both joint owners are
subject to the Bank's right of setoff and security interest and if
the Bank receives appropriate legal process relating to such
garnishment, the Bank may pay funds from the joint account to
satisfy that garnishment in accordance with applicable law without
notice to any joint owner(s).
If the Bank receives written notice from any joint owner, the
Bank may suspend access to the Account. If the Bank receives notice
from any source that there is a dispute regarding the ownership of
funds in the joint account, the Bank may, at its sole discretion,
suspend access to the Account until the Bank receives written notice
from all joint account holder(s) that the dispute is resolved.
4. Business Accounts. Business accounts
are those established by any partnership, corporation, limited
liability company, association or other entity operated on a
for-profit basis; all corporations and associations operated on a
not-for-profit basis; all governmental units; and any individual who
intends to use the account as a sole proprietor for any trade or
business. The classification and form of ownership of a business
account are as designated on the Signature Card.
The business and each person who signs the Signature Card, any
resolution or any other separate written authorization concerning an
account, represents to and agrees with the Bank that (a) the
business has taken all actions necessary to open and maintain the
account, (b) all resolutions or other authorizations given to the
Bank by or on behalf of the business are true, accurate and complete
in all respects, (c) all assumed or fictitious names used by the
business have been duly registered or filed with the applicable
governmental authorities, and (d) each person whose name is written
or printed on the Signature Card, any resolution or any other
separate written authorization concerning the account has complete
authority to bind the business in all transactions involving the
account.
The business agrees to notify the Bank promptly in writing of any
change in its form or jurisdiction of organization or ownership or
in the authority of any person with respect to the account or any
transactions relating to it. The Bank also reserves the right to
require a partnership, corporation or other legal entity to give
separate written authorization telling the Bank who is authorized to
act on its behalf. The Bank is authorized to follow the directions
of a person designated as having authority to act on the entity's
behalf until the Bank receives written notice that the authority has
been terminated and has had a reasonable time to act upon that
notice.
5. Agency and Fiduciary Accounts. Any
individual(s) acting as an agent, guardian, personal representative,
attorney-in-fact, custodian or some other fiduciary capacity
(individually and collectively, an "Agent") must be designated by
the Bank as such on the Signature Card. While your Agent may have a
fiduciary relationship with you with respect to an account with such
a designation, you agree that the Bank's relationship with you
continues to be solely that of debtor and creditor. The Bank is
authorized to follow the directions of your Agent regarding your
account until the Bank receives written notice that the agency has
been terminated and it has had a reasonable opportunity to act upon
the notice.
The Bank has the right to review and retain a copy of any power
of attorney, agency agreement, trust agreement, court order of other
document that has established the agency or other fiduciary
relationship and may charge a service fee for the review of such
document. Following such review, the Bank may refuse to honor the
document creating the agency or fiduciary relationship and you
acknowledge and agree that the Bank shall not be liable to you if
the document creating the agency or fiduciary relationship, such as
a power of attorney, is subsequently determined to be valid pursuant
to applicable law. The Bank has the right to request the production
of the original document establishing the agency or other fiduciary
relationship and may require that the signatures executing the
original document be notarized or that other proof of the
authenticity of the document and/or its continued effectiveness be
provided. Unless the Bank receives a complete copy of the Agency
Agreement, Trust Agreement, Court Order or other document under
which the account is opened, the Bank is authorized to follow the
instructions of your Agent without determining if those instructions
are contrary to or prohibited by such document.
The Bank is not liable for the misapplication of funds from your
account by your Agent. In consideration for permitting agency and
fiduciary accounts, you agree to indemnify and hold the Bank
harmless from any and all damages, losses, costs or expenses
incurred by Bank arising out of or related to the Bank permitting an
Agent to transact on an account including, but not limited to,
reasonable attorney's fees and the costs of litigation, arbitration
or other dispute resolution to the extent permitted by law.
6. Custodian Accounts. . The custodian of
all custodial accounts under the Uniform Gifts to Minors Act, the
Uniform Transfers to Minors Act, or similar law, must notify the
Bank immediately in writing upon the death of the minor or upon the
minor attaining the age of majority. After notifying the Bank of
either of these events or upon the Bank's receipt of satisfactory
evidence that either of these events has occurred, the custodian's
authority over the account continues only to the extent permitted by
applicable law. Before the Bank receives such notice or evidence,
the Bank may honor any checks, drafts or other instructions of the
custodian without incurring any liability to the minor or to any
third party, and the custodian will be liable to the Bank for any
loss or expense it incurs because of the failure to give prompt
notice.
Upon the death, incapacity or resignation of any custodian, the
Bank will recognize a successor custodian properly designated by the
previous custodian pursuant to applicable law. If no successor
custodian has been so designated, the Bank will only recognize a
successor custodian who is assuming the position in accordance with
applicable law.
7. In Trust For or Payable on Death Accounts.
The Bank may, to the extent permitted by law, accept accounts
designated on the Signature Card as "In Trust For" or "Payable on
Death" accounts. These accounts use a statutory procedure to
automatically transfer your account to the beneficiaries designated
on the Signature Card upon your death. The Bank makes no
representations as to whether the use of such a designation is
appropriate for the person(s) establishing such an account. Any such
designation should be made only after consulting with an attorney or
other estate-planning professional. During your lifetime you may
make withdrawals and perform other transactions and all interest
earned on your account shall be reported to the social security
number designated on the Signature Card. You may close your account
by withdrawing all of the funds and/or may remove beneficiaries at
any time. Upon the death of the owner(s) of the account, the
beneficiary or beneficiaries may then withdraw the funds in
accordance with Bank procedures and applicable law. The Bank
reserves the right to limit the number of beneficiaries on an
account in accordance with Bank procedures and applicable law.
8. Other forms of Ownership. The Bank may
at its sole discretion establish accounts with other types of
ownership pursuant to applicable law. If you have questions
regarding special ownership arrangements, please inquire at a Bank
branch office.
RULES GOVERNING DEPOSIT ACCOUNTS
1. Deposit of Items. Once your account is
opened, you may make deposits in person, by mail or by any other
method the Bank makes available, such as its automated teller
machines. The Bank reserves the right to limit, refuse or return any
item you attempt to cash or submit for deposit or collection
(including, without limitation, items that have been endorsed more
than once). You are required, unless special arrangements are made
with the Bank, to use your personalized deposit slips in order to
help the Bank credit deposits to your account as soon as possible
and to minimize errors. If you do not use your personalized deposit
slips, you agree that the Bank will not be liable to you for any
errors resulting from your use of a counter deposit slip, whether
completed by you or a Bank employee. All deposits are accepted
subject to verification. You should retain your copy of the receipt
and any other documents which evidence your deposit. If you claim
that a deposit was not properly credited to your account, the Bank
may ask you to show your receipt. The Bank is not responsible for
deposits made by mail, night depository or other outside depository
until the Bank actually records the receipt of those deposits in its
books and records. You are responsible for reconstruction and proof
of loss of any items included in deposits which are lost or stolen
in transit before the Bank has received and accepted the deposit.
Further, you agree to fully cooperate and assist in the
reconstruction and proof of loss of any items included in deposits
that are lost or stolen in transit after the Bank has received and
accepted the deposit. The Bank's records will be conclusive proof of
the receipt or non-receipt of a deposit. You should not mail cash
deposits.
If you fail to endorse an item that you submit for deposit, the
Bank has the right, but is not obligated, to supply the missing
endorsement. The Bank may require that items with more than one
payee be personally endorsed by each of the payees. You agree to
reimburse the Bank for any loss or expense, including without
limitation reasonable attorneys' fees and the costs of litigation,
arbitration or other dispute resolution to the extent permitted by
law, that the Bank incurs because you fail to endorse an item
exactly as it is drawn or if any endorsement is not contained in the
first one and one-half inch (1 ½ in.) area on the back of the item
at the end of the item where the words "pay to the order of" appear
on the front of the item.
Deposits may be made in person or at one of the Bank's branches
during posted business hours. If the Bank receives an item on a
weekend, holiday or after the Bank's cutoff hour on a business day,
the item is deemed to have been received on the Bank's next business
day. The Bank's business days and cutoff hour are posted at the
Bank's offices and are subject to change from time to time in the
Bank's discretion. Except to the extent additional notice is
required by law, any change in the Bank's business days or cutoff
hour becomes effective on the day the new business days or cutoff
hour are posted at the Bank's offices.
2. Collection of Items. In receiving
items for deposit or collection, the Bank acts as your collection
agent and assumes no responsibility beyond the exercise of due care.
Special instructions for handling an item are effective only if made
in writing, given to the Bank along with the item in question and
accepted by the Bank. The Bank will not be liable for the default or
negligence of any correspondent or for loss in transit, and each
correspondent will not be liable except for its own negligence.
Items and their proceeds may be handled in accordance with
applicable Federal Reserve Bank regulations, Clearing House
Association or Funds Transfer System rules, and contractual
arrangements with other financial institutions.
All items that are cashed or that are received for deposit or
collection (including those items drawn on another account at the
Bank) are provisionally credited to your account subject to final
payment and receipt of solvent credits or cash by the Bank. The Bank
is authorized, but is not required, to pursue collection of
previously dishonored items, and in so doing it may permit the payor
bank to hold an item beyond the applicable deadline. If you deposit
foreign currency or items that are denominated in a foreign currency
into your account, the final credit to your account will be based on
the exchange rate in effect at the time the Bank receives final
payment for that item in United States currency.
3. Returned Items and Charge Backs. If an
item you cash or deposit into your account is later returned unpaid
to the Bank by the financial institution upon which it is drawn, the
amount of the item (together with any interest earned thereon) and a
service charge as reflected in the Bank's then-current Account
Information Schedule will be deducted from your account. Similarly,
if an electronic deposit to your account is reversed, the amount of
applicable interest will also be deducted from your account. The
Bank may also charge back any item at any time before final payment,
whether returned or not, and may also charge back any item if,
within the normal handling period for such item, the item cannot be
honored against the drawer's account. If charge back to the account
is not possible or if it results in the account becoming overdrawn,
each owner of the account is jointly and severally liable to the
Bank for the amount of any charge back, the relevant service charge
and any costs the Bank incurs in collecting the charge back from you
including, but not limited to, reasonable attorney's fees, and the
costs of litigation, arbitration or other dispute resolution, to the
extent permitted by law.
The Bank may exercise all of these rights without giving you
prior notice and you agree that the Bank will not be liable for any
damages resulting from its exercise of these rights (including,
without limitation, any damages resulting from the dishonor of other
items resulting from the reversal of any credit or the return of
deposited item) except for ordinary negligence or failure to act in
good faith.
4. Return of Direct Deposits. If the Bank
is required to reimburse the Federal Government or any other payor
for all or any portion of any benefit payments deposited into your
account through a direct deposit plan for any reason, you agree that
the Bank may, without prior notice to you, deduct the amount
returned to the Federal Government or other payor from your account
or from any other account you have with the Bank, unless the
deduction is prohibited by law. This right is in addition to any
other rights the Bank has under this Agreement, including its right
of setoff and its security interest in your account.
5. Automated Processing of Items. The
Bank has adopted automated collection and payment procedures so that
it can process the greatest volume of items at the lowest possible
cost to all customers. These automated procedures are based on the
use of high-speed automated processing equipment that relies
primarily on information encoded onto each item in magnetic ink. In
recognition of this fact, you agree that in paying or taking an item
for collection, the Bank may disregard all information on the item
other than information that is encoded onto the item in magnetic ink
according to general banking standards, whether or not that
information is consistent with other information on the item. By way
of example, the Bank may rely on the amount of a check as encoded in
magnetic ink, even if the magnetically-encoded amount is more than
the face amount of the check or exceeds the maximum amount for which
the check is valid as stated in a legend on the check. You agree to
reimburse the Bank for any loss or expense (including, without
limitation, reasonable attorneys' fees and the costs of litigation,
arbitration or other dispute resolution, to the extent permitted by
law) that the Bank incurs because you issue or deposit an item
containing such extra information. Furthermore, you agree that the
Bank does not fail to exercise ordinary care in paying an item
solely because its procedures do not provide for the sight
examination for alterations or verification of the signature of the
drawer or of any endorser on items with a face amount below an
amount or not meeting other confidential criteria established by the
Bank from time to time.
6. Authorized Signatures. The authorized
signatures for an account are those reflected on the Signature Card,
any resolution or any other separate written authorization relating
to the account received by the Bank. For the payment of funds and
for all other purposes relating to your account, the Bank is
authorized to act on those signatures, but the Bank will not be
liable for refusing to honor items or signed instructions regarding
an account if it believes in good faith that the signatures
appearing on such items or instructions are not genuine.
Additionally, the use of a facsimile signature or endorsement device
may be authorized by designation on the Signature Card, a resolution
or other separate written authorization. If the use of a facsimile
signature or endorsement device has been so authorized or such a
device has otherwise been used, the Bank may honor or accept for
deposit any item or signed instruction which bears or appears to
bear the appropriate facsimile signature or endorsement even if it
was made by an unauthorized person or with a counterfeit facsimile
device. Therefore, close control should be maintained over any
facsimile signature or endorsement device and statements and
canceled items should be promptly reviewed for unauthorized use of
any such device. Furthermore, you may give another person authority
over your account by your conduct or by your failure to act. For
example, if you give information about your account (such as the
Bank's routing number and/or your account number) to another party
but do not physically deliver an item to that party, any item
presented against your account by that party is deemed to have been
authorized by you. The Bank is not obligated to recognize any such
authorizations, but has the right to do so at its discretion. When
an account is established, a desire for more than one authorized
signature on certain items drawn against your account may be
indicated by designating a specific number of desired signatures on
the Signature Card, a resolution or other separate written
authorization that is given to the Bank. However, any such
designation is solely for your convenience and internal control
purposes. In the absence of a specific written agreement to the
contrary, the Bank is not required to determine if any item drawn
against any account contains the number of desired signatures
indicated by any such designation.
7. Checks and Other Withdrawals.
Withdrawals from an account may only be made according to the
procedures established by the Bank from time to time, and the Bank
reserves the right to require fourteen (14) days advance notice
prior to permitting any withdrawal from any account. As indicated
earlier in this Agreement, the Bank processes items with high-speed
automated equipment. In order for that equipment to function
properly and efficiently, all items drawn against an account or used
to withdraw funds from an account must meet certain formatting and
other technical specifications. Information concerning theses
specifications is available upon request. If an item is presented to
the Bank that does not meet these specification or it contains
incorrect information (including, without limitation, an incorrect
account number), the Bank reserves the right to reject the item,
impose a special fee for processing the item, or both. If you issue
items for payment with duplicate serial numbers, this will impair
the Bank's ability to implement certain of your requests (such as
stop payment and post-dated item requests) and to administer your
account in an effective manner. As a result, you agree that you
issue items with duplicate serial numbers at your own risk and agree
not to hold the Bank liable for any damages or losses relating to
such items or their handling by the Bank. The Bank also reserves the
right to refuse or impose a special fee for any withdrawal or
transfer request which is attempted by any manner not specifically
authorized for the account in question, which is greater in
frequency or number than that specifically permitted for the account
in question, or which is for an amount less than any minimum
withdrawal or transfer denomination required for the account in
question.
If an original item has been replaced by a photocopy of the item
supplied by any Federal Reserve Bank or other processor in the chain
of collection (generally because the original item has been lost or
destroyed) you agree that the Bank may pay the item based upon a
photocopy without prior notice to you. The Bank reserves the right
to require the presentation of the original passbook, certificate or
other document before permitting any withdrawal from a passbook
account, certificate of deposit account or any other account
represented by a similar document.
Withdrawals are generally made first from finally collected funds
and, unless prohibited by law or by the Bank's written funds
availability policy, the Bank reserves the right to refuse to pay
any item drawn against uncollected or unavailable funds, impose a
special fee for each such item, or both. The Bank may pay items
drawn upon your account (including those payable to the Bank or on
which the Bank may be liable) in any order determined by the Bank,
even if paying a particular item results in an insufficient balance
in your account to pay one or more other items that otherwise could
have been paid out of your account. Without limiting the generality
of the previous sentence and with certain exceptions, the Bank's
current practice is to pay items in decreasing dollar amount (i.e.,
from the largest dollar amount to the smallest dollar amount). The
Bank may change the order in which it generally pays items at any
time and from time to time without giving you prior notice of the
change.
Subject to these general restrictions you may withdraw funds on
deposit by the following methods:
(a) Properly executing a check or a
withdrawal slip. The Bank reserves the right to reject checks,
withdrawal slips or other items written in pencil or which are
incomplete, illegible, inconsistent or incompatible with Bank
equipment.
(b) Authorizing the Bank in advance to make
withdrawals electronically and directing payment thereof in such
manner as the Bank may determine in its sole discretion.
(c)
If you request and are approved to use either a personal
identification number ("PIN"), telephone banking services, and/or
electronic bank services (including Internet services), withdrawals
may also be made from a your account by:
(1) Telephoning the Bank, furnishing
your account number and PIN and directing payments to be made in
accordance with authorizations given to the Bank;
(2)
Requesting cash, either from a teller over-the-counter at a branch
location or from an ATM;
(3) Contacting the Bank via an
approved electronic medium (telephone or Internet for example) and
instructing the Bank to make payment directly to merchants or others
or transferring funds to another account; and
(4) Requesting
payments to be made through the use of a point of sale transfer
service, in which case, the Bank may require that you furnish a
properly executed check, draft or other applicable
withdrawal/payment form, use the applicable Bank Card and/or use the
PIN.
8. Insufficient Funds and Overdrafts. The
Bank has no obligation to pay any item that is presented for payment
against insufficient available funds. The Bank may determine whether
or not your account contains sufficient available funds to pay an
item at any time between the time the item is presented and the
Bank's return deadline, and only one determination of the account
balance is required. If that determination reveals insufficient
available funds to pay the item, the Bank is not required to pay the
item and may return it unpaid. Alternatively, the Bank may pay the
item and create an overdraft in your account. Whether or not the
Bank decides to pay the item and create an overdraft is in the sole
discretion of the Bank and will depend on various factors, including
your history with the Bank. Moreover, the honoring of one or more
items drawn against insufficient available funds does not obligate
the Bank to honor any other such items, either in the future or
during the same day's processing, and you should not rely on the
Bank to honor any particular items drawn against insufficient
available funds. If you would prefer that PIN based point of sale
transactions always be denied if they will overdraw your current
available account balance, please contact the Bank at any branch
location, via mail at Dollar Bank, P.O. Box 765,
Pittsburgh, PA 15230, via e-mail at customerservice@dollarbank.com
or by calling 1-800-242-1616. In all cases, the Bank is not
required to give you prior notice that an item will be returned for
insufficient available funds.
An insufficient balance or overdraft in your account and each item
presented for payment against insufficient available funds in your
account (whether paid, denied, or returned) are each subject to an
Overdraft Penalty as provided in the Bank's then-current Account
Information Schedule. You agree that if your account becomes
overdrawn for any reason, you must immediately deposit sufficient
funds to cover the overdraft and any penalties assessed upon notice
of the overdraft. Moreover, you agree to reimburse the Bank for any
costs it incurs in collecting the overdraft from you including, but
not limited to, reasonable attorney's fees, and the costs of
litigation, arbitration or other dispute resolution, to the extent
permitted by law.
9. Stop Payment. You have the right to
stop payment on any item drawn against your account that has not
been paid or certified by the Bank. Stop payments are not generally
permitted on cashier's checks, certified checks or money orders.
Stop payments on preauthorized electronic transfers subject to
Regulation E will be handled in accordance with the then-current
provisions of the Regulation E disclosure applicable to your
account. For each stop payment request, a service fee, as set forth
in the then-current Account Information Schedule for your account
may be deducted from your account, or if your account is
insufficient to pay the fee, then by debiting any other account held
with the Bank in the name of any signer on the account. Each renewed
stop payment will be treated as a new request for purposes of
fees.
To stop payment on a check you must either visit a branch office
of the Bank or call 1-800-242-1616 or call the Bank's customer
service department at 412-261-8181 in Pittsburgh or 216-736-8891 in
Cleveland. You may be required to sign a written stop payment order
or put your request, with all of the required information, in
writing. The stop payment will take effect only after the Bank has
had reasonable opportunity to act on the request. The stop payment
order will remain in effect for twelve (12) months from the date of
the order. You must renew the stop payment request at the end of the
twelve (12) month period, otherwise the stop payment order will
expire and the Bank may pay the item.
In order to place a stop payment order, you must inform the Bank
of the exact number of the item, the exact number of the account and
the dollar amount of the item to the exact cent. You may also be
required to provide the name of the payee and the date of the item.
You must include all required information for the stop payment
request to be effective. The Bank relies on its high-speed automated
check processing equipment in implementing stop payment orders and,
as a result, even slight variations in the amount or number of the
item or other inaccurate information may prevent the Bank from
implementing the request. The stop payment request will remain in
effect for twelve (12) months from the date of the order. The Bank
is entitled to a reasonable period of time after you make a stop
payment order, a renewal of a stop payment order or a release or
cancellation of a stop payment order to notify its employees and
implement the request. A stop payment order, a renewal of a stop
payment order, or a release or cancellation of a stop payment order
may be given by any person who is authorized to draw items against
your account.
You agree that the Bank will not be responsible if the item is
paid by the Bank contrary to your stop payment request (or an item
is rejected by the Bank contrary to a release or cancellation of the
stop payment), whether written or oral, if the Bank did not have a
reasonable time to notify its employees and implement the request or
the information you give is not correct or complete or if you fail
to give any other reasonable information regarding the item and the
stop payment request cannot be completed. Moreover, you acknowledge
that the Bank has no liability to you if it pays an item over a
valid and timely stop payment order unless you are able to
demonstrate that you would not have otherwise been obligated to pay
the item. In that regard, you should be aware that a stop payment
order does not relieve you of your obligations on an item in the
hands of a holder in due course. If the Bank re-credits your account
after paying a check over a valid and timely stop payment order, you
hereby agree to transfer and assign to the Bank all of your rights
against the payee or other holder of the check, and to assist the
Bank in legal action taken against that person at a later date(s).
The Bank shall then be subrogated to your rights to the extent
permitted under applicable law. If you request a stop payment on a
check or other item, you agree to indemnify the Bank and hold the
Bank harmless for all damages (whether civil or criminal), expenses
and costs incurred by the Bank for refusing payment, including, but
not limited to reasonable attorney's fees and the costs of
litigation, arbitration or other dispute resolution to the extent
permitted by law.
10. Postdated Items. The Bank's
high-speed automated check processing equipment cannot detect a
post-dated item (an item bearing a date later than the actual
calendar date). Therefore, it is not recommended that you issue
post-dated items as a means of withdrawal and you agree that the
Bank may disregard the date of an item and may charge the amount of
the item against your account (even if payment would then be made
before the date of the item) unless you have notified the Bank as
described in this section that you have issued a postdated item. If
you do not provide proper notice to the Bank and it pays the item
prior to the date shown on the item, the Bank will have no liability
to you or any other party. For each request, a service fee, as set
forth in the then-current Account Information Schedule for your
account may be deducted from your account, or if your account is
insufficient to pay the fee, then by debiting any other account held
with the Bank in the name of any signer on the account. Postdated
items beyond forty-five (45) days will not be accepted. To provide
proper notice to the Bank of a postdated item you must visit a
branch office of the Bank or call 1-800-242-1616 or call the Bank's
customer service department at 412-261-8181 in Pittsburgh or
216-736-8891 in Cleveland and provide the Bank with the required
information. You may be required to sign a written request.
Your notice regarding a post-dated items must inform the Bank of
the exact date of the item, the name of the payee the exact number
of the item, the exact account number and the dollar amount of the
check to the exact cent. You must include all required information
for the notice to be effective. The Bank relies on its high-speed
automated check processing equipment in implementing notices
regarding post-dated items and, as a result, even slight variations
in the amount of the item or other inaccurate information may
prevent the Bank from implementing the request. The Bank is entitled
to a reasonable period of time after you give the notice of the
postdated item, or release or cancellation of the notice, to notify
its employees and implement the request.
You agree that the Bank will not be liable for payment contrary
to the request, (or rejection of an item contrary to revocation of
such a request) whether oral or written, if the Bank did not have a
reasonable period of time to notify its employees and implement the
request prior to payment or if the information you give is not
correct or if you fail to give any other reasonable information
regarding the item and it is paid prior to the date indicated. If
the Bank re-credits your account after paying a check over a valid
and timely postdated check notice, you hereby agree to transfer and
assign to the Bank all of your rights against the payee or other
holder of the check, and to assist the Bank in legal action taken
against that person at a later date(s). The Bank shall then be
subrogated to your rights to the extent permitted under applicable
law. If you request the Bank to follow your instructions regarding a
postdated check or other item, you agree to indemnify the Bank and
hold the Bank harmless for all damages (whether civil or criminal),
expenses and costs incurred by the Bank for refusing payment,
including, but not limited to, reasonable attorney's fees and the
costs of litigation, arbitration or other dispute resolution to the
extent permitted by law.
11. Stale Items. The Bank reserves the
right either to pay or dishonor any stale item (an item presented
more than six months after its issue date) upon presentment. The
Bank shall not be liable to you for refusing to pay a stale item or
for paying a stale item.
12. Time-Dated Items. The Bank's
high-speed automated check processing equipment cannot detect a
time-dated item (an item stating that it is not valid after a
specified date or for more than a specified period of time).
Therefore, you agree that the Bank will not be liable for charging
your account after the date or beyond the period stated on an
otherwise properly payable time-dated item.
13. Back of Items. You agree that the
Bank will not be liable to you because an item you deposit in your
account is returned after the time set by applicable law if the
delay in returning the item is caused by markings on the item in the
space reserved for the depository bank's endorsement that were made
by you or a prior endorser. Similarly, you will be liable to the
Bank for any loss or expense, including, but not limited to,
reasonable attorney's fees and the costs of litigation, arbitration
or other dispute resolution to the extent permitted by law incurred
because the Bank is unable to properly return an item drawn on your
account within the time set by applicable law when the delay in
properly returning the item is caused by markings on the item in the
space reserved for the depository bank's endorsement that existed at
the time you issued the item.
14. Inactive and Dormant Accounts. If you
do not make any deposits or withdrawals from your account, or you
fail to maintain contact with the Bank (e.g. return of mail to the
last known address for the account, etc.) for twelve (12)
consecutive months, your account will be classified as inactive and
will remain classified as inactive until you make a deposit or
withdrawal or otherwise notify the Bank of your interest in the
account. The Bank may classify accounts as dormant or inactive for
other reasons. These reasons are not disclosed in this Agreement for
security purposes. Upon the expiration of the term of a certificate
of deposit classified as inactive, the certificate may be
automatically converted by the Bank into a non-interest bearing
account at the Bank's sole discretion unless you contact the Bank
and direct otherwise. Upon your account being classified as
inactive, a monthly service charge, as set forth in the then-current
Account Information Schedule, may be assessed and deducted from your
account from the date of such classification. If the balance in your
account reaches zero after the assessment of inactivity fees,
dormant account fees or other service fees, the Bank may close your
account.
15. Escheat. . Under applicable state
law, any account which has not had activity for a certain period is
deemed to be escheatable. Any and all funds in your account that are
determined to be escheatable will be withdrawn and paid to the
applicable government entity. An escheat fee may be deducted from
your account prior to payment being made to the state. The Bank is
relieved from all responsibility to any party if your account is
escheated.
16. Right of Setoff and Security Interest.
If you owe the Bank money, now or any time in the future, as
a borrower, guarantor or otherwise, and the amount owed becomes due,
either in whole or in part, the Bank has the right under applicable
law and under this Agreement to withdraw money from your account to
pay the debt. The Bank may take such action without taking any legal
action or without any advance notice to you. The Bank may withdraw
the money even if the withdrawal results in a penalty, fee or the
dishonor of checks.
In the case of a partnership or joint account, each partner or
joint account owner agrees that the Bank may withdraw funds from the
account to satisfy any one of their individual obligations or any
one of their joint or several obligations. Each partner or joint
owner also agrees that the Bank may withdraw funds from their
individual accounts to satisfy obligations of the joint or
partnership account.
You hereby grant the Bank a security interest in and continuing
lien upon your account(s) and other property held by the Bank in
which you have an interest, now or hereafter, to secure payment of
any debt or obligation owed to the Bank. The security interest
granted in this Agreement is in addition to the Bank's right of
setoff. However, the right of setoff and security interest may not
apply to your account if: (a) it is an IRA or a tax-deferred Keogh
Retirement Account; (b) the debt is created by a consumer credit
transaction under a credit card plan; or (c) the debtor's right of
withdrawal arises only in a representative capacity. To the extent
any of the funds to be setoff or used to satisfy the Bank's security
interest are entitled to any exemption from execution, levy,
attachment, garnishment, seizure or other legal or equitable process
(including, without limitation, any Social Security, Supplemental
Security Income, Veterans or other federal or state benefits), then
to the maximum extent allow by law you hereby knowingly,
affirmatively and unequivocally waive such exemption and consent to
the Bank's setoff against or realization of the Bank's security
interest with respect to such funds as contemplated by this
Agreement.
17. Transaction Limitations. Certain
accounts have transaction limitations. These limitations apply to:
(1) electronic/telephonic transfers and payments from accounts; (2)
preauthorized and automatic transfers and payments from accounts;
and (3) payments from accounts by check, draft, debit card or
similar order payable to a third person ("third party checks").
These three types of transactions are called "limited transfers."
Certain savings accounts, as identified in the applicable Account
Information Schedule, are limited to six (6) limited transfers in a
calendar month. Third-party checks cannot be made from these types
of accounts.
Money market deposit accounts are limited to six (6) limited
transfers in any calendar month. If third party checks as defined
above are available, not more than three (3) of the six (6) limited
transfers may be made by third party checks.
The Bank reserves the right to prevent transfers which exceed the
limits stated above and/or to monitor these transactions after they
occur. If the transaction limitations on your account are repeatedly
violated, the Bank also reserves the right to close your account or
convert your account to another account type that does not have
these restrictions, and may impose minimum balance requirements and
service charges as set forth in the applicable Account Information
Schedule. Alternatively, the Bank may remove the transfer and draft
capabilities from your account.
18. Interest and Minimum Balances.
Interest on all Bank accounts that pay interest will accrue at a
rate established by the Bank from time to time. The Bank reserves
the right to change interest rates without notice to you. On
certificate accounts, the interest rate will be fixed for the term
of the certificate unless otherwise indicated on the applicable
Account Information Schedule. On all other accounts, the interest
rate will vary. The Bank assumes no obligation to notify you of
interest rate changes for variable rate accounts. The Bank may also
change the method of computing interest without notice to you unless
such change is adverse to you in which case the Bank shall provide
you with notice in accordance with the section of this Agreement
entitled Modifications. The current interest rate and method of
computing interest may be obtained by calling any branch office or
1-800-242-1616 during regular business hours.
Accounts will accrue interest either on the "collected balance"
or on the "ledger balance" in the account. Please see the most
current Account Information Schedule for details regarding the
calculation of interest. "Collected balance" is defined as those
funds which are considered collected. Funds are considered collected
on the business day on which the Bank receives irrevocable credit
for the funds. "Ledger balance" is defined as all credits posted to
an account whether or not collected. Accounts may be subject to
minimum balance requirements in order to open and maintain such
accounts and avoid service charges. In addition, there may be
initial and continuing minimum deposit threshold requirements for
earning interest or earning different interest rates. These
requirements are specified in the most current Account Information
Schedule
The Bank will credit interest to your account periodically,
depending on the type of account you have. Credited interest will
appear on your statement or passbook, if applicable. Interest that
is paid monthly will be paid according to the applicable cycle (i.e.
end of month, end of account cycle) for your account as determined
by the Bank. If an account is closed prior to the interest credit
date, accrued but uncredited interest will be forfeited. If required
by applicable law or regulation, the Bank will mail a combined
year-end statement reflecting the interest earned for the year for
each interest bearing account which is established at the Bank.
19. Fees and Charges. All accounts are
subject to various fees and service charges. The particular fee or
service charge applicable to the account being established is
detailed in the most current Account Information Schedule. These
fees and charges may be deducted from your account without prior
notice to you and you agree that the Bank shall not be liable for
dishonoring any item or withdrawal request because of insufficient
available funds resulting from the deduction of these fees and
charges. An insufficient or zero balance in an account does not
relieve you of the responsibility for payment of such fees and
charges. The Bank reserves the right to collect unpaid fees from the
next deposit to your account or from funds on deposit in other
accounts held by you, individually or jointly, at the Bank. The Bank
also reserves the right to pursue legal action against you to
collect any such fees or charges. If the Bank pursues legal action
for fees and/or charges each signer on your account is jointly and
severally liable to the Bank for the amount of any fee or charge,
including any costs the Bank incurs in collecting the fee or charge
from you including, but not limited to, reasonable attorney's fees,
and the costs of litigation, arbitration or other dispute resolution
to the extent permitted by law. The Bank reserves the right to waive
service charges and fees at its sole discretion.
20. Cashing Items for Non-Customers. From
time to time, a person who is not a customer of the Bank may attempt
to cash an item drawn on the Bank. The Bank is not obligated to cash
such items, but if the Bank agrees to do so the following conditions
shall apply. Cashing an item for a non-customer exposes the Bank to
certain risks that are not present if the item is deposited at
another financial institution and presented to the Bank through the
check collection system. As a result, you agree that the Bank may
charge a non-customer a fee to cash an item (including a payroll
check) that is drawn against your account. This fee may be imposed
without prior notice to you and may be applied to items that are
drawn on your account or that the Bank issues at your request. You
also agree that the Bank may impose various additional
identification, security and other requirements on a non-customer
seeking to cash an item drawn on the Bank. These requirements may
include, without limitation, submitting one or more forms of
identification, providing thumbprints or other biometric
identifiers, and using specified teller lines that may only be
available at specially designated locations.
21. Account Records. The Bank will
maintain appropriate records of your account in accordance with
applicable law. With the exception of passbook and certificate
accounts, a periodic statement will be mailed to the last known
address shown on the records of the Bank for your account. For
passbook and certificate accounts, the passbook or certificate is
evidence of the account and you are responsible for the custody and
control of the applicable document and assume responsibility for its
safekeeping. You must promptly notify the Bank of any change in the
address and telephone number for your account. The Bank will provide
copies of statements, checks, deposit or withdrawal slips or other
account records for a service charge as set forth in the most
current Account Information Schedule.
22. Fraud Detection/Deterrence. Check
fraud has increased dramatically in recent years due to a number of
factors, including increased access by criminal elements to
high-quality computer scanning and printing equipment and expedited
funds availability mandated by Congress and the Board of Governors
of the Federal Reserve System. From time to time the Bank may make
certain products and services that are designed to detect and/or
deter check fraud available to you. While no product or service will
be completely effective, the Bank believes that the products and
services it offers will reduce the likelihood that certain types of
fraudulent items will be paid against your account. As a result, you
agree that if you fail to implement any of these products or
services, you will be precluded from asserting any claims against
the Bank for paying any unauthorized, altered, counterfeit or other
fraudulent item that such product or service was designed to detect
or deter, that the Bank will not be required to recredit your
account or otherwise have any liability for paying such items, and
that you will indemnify the Bank for any loss or expense (including,
but not limited to, attorneys' fees and the costs of litigation,
arbitration or other dispute resolution to the extent permitted by
law) relating in any way to such items as long as the Bank has dealt
with such items in good faith and in accordance with prevailing
commercial banking standards (other than any such standards relating
to the use of the products or services in question).
23. Reviewing Statements and Reporting Problems.
Unless you make special arrangements with the Bank, your
statements will be mailed to your address as shown on the Bank's
records. You are in the best position to discover a forged,
unauthorized or missing signature or endorsement, a material
alteration, a missing or diverted deposit or any other error or
discrepancy relating to a check, deposit or other credit or debit
entry to your account. Therefore, you should carefully examine your
statements, canceled checks, and/or copies thereof, when you receive
them. If you feel that some unauthorized person has withdrawn funds
from your account, that one or more deposits is not reflected on
your statements, or that there is any other type of error or
discrepancy in your statements, you should notify the Bank
immediately. Notice shall be given to 412-261-8200 in Pennsylvania
and 216-736-8896 in Ohio or 1-800-535-2557.
If you do not discover and report a forged, unauthorized or
missing signature or an alteration promptly after the Bank has sent
or otherwise made your statements and canceled checks available to
you, you agree not to assert against the Bank (a) any forged,
unauthorized or missing signature or alteration, if the Bank
suffered a loss because of your failure to discover and report the
problem, and (b) any forged, unauthorized or missing signature or
alteration by the same wrongdoer on items paid by the Bank after you
have had a reasonable period of time (not to exceed 30 days) to
examine the statement containing or reflecting the first forged,
unauthorized or missing signature or alteration but before the Bank
receives notice of the problem from you. If the previous sentence
applies, but you are able to prove that the Bank failed to exercise
ordinary care in paying the item in question and that the Bank's
failure substantially contributed to the loss, then (unless the next
paragraph applies) the loss will be allocated between you and the
Bank based on the extent to which our respective failures to
exercise ordinary care contributed to the loss. In that regard, and
as disclosed elsewhere in this Agreement, the Bank processes checks
and other items by automated means and does not visually examine or
verify signatures on all checks or other items. You agree that the
Bank does not fail to exercise ordinary care because it uses these
automated procedures. You also agree that the Bank does not fail to
exercise ordinary care if the items are forged or altered so
cleverly (as by unauthorized use of a facsimile machine, photocopy
machine, computer equipment or otherwise) that a reasonable person
would not detect the forgery or alteration.
If you have not discovered and reported a forged, unauthorized or
missing signature or endorsement, a material alteration, a missing
or diverted deposit or any other error or discrepancy relating to a
check, deposit or other credit or debit entry to your account within
30 days of the date on which the first statement containing or
reflecting (or that should have contained or reflected) those items
was mailed to you or otherwise made available to you, you agree not
to assert that problem against the Bank. This 30-day limitation
takes priority over the provisions in the previous paragraph and
applies regardless of whether or not you or the Bank exercised
ordinary care with respect to the item in question (or is payment),
the examination of the statement on which it was reflected (or
should have been reflected) or otherwise. IF YOU FAIL TO DISCOVER
AND REPORT THESE OR ANY OTHER ERRORS OR DISCREPANCIES WITHIN THE
30-DAY PERIOD, YOU LOSE ANY AND ALL RIGHTS YOU MAY HAVE TO ASSERT
THE ERROR OR DISCREPANCY AGAINST THE BANK.
If your statements are retained at the Bank until you request
them, each statement will be deemed to have been made available to
you for purposes of this Agreement on the last day covered by that
statement. If you have elected not to receive copies of canceled
checks with your statements, and the Bank permits such an election,
the canceled checks or legible copies will be provided to you within
a reasonable time after the receipt of your written request that
sufficiently identifies the checks requested. You agree to pay the
applicable service charge for retrieval and copying of the requested
checks.
24. Lost or Stolen Instrument. In
addition to the procedures set forth in the Customer Disclosure
Statement for Regulation E, if any check, item, passbook,
certificate or other account instrument or document is lost, stolen,
destroyed or misappropriated, you shall give notice to the Bank
immediately. You may give oral notice to the Bank, however the Bank
may require, any oral notice to be confirmed in writing and received
by the Bank within seven (7) days. The Bank will not be responsible
for any loss resulting from the presentation of lost, stolen or
misappropriated instruments, unless the Bank has received prior
notice and has had a reasonable time period to act upon such notice.
The Bank may, in its sole discretion and without assuming any
liability, permit continued use of your account or order your
account closed. Notice shall be given to: Account Security Division,
Dollar Bank, P.O. Box 765, Pittsburgh, PA 15230, Phone -
412-261-8200 in Pennsylvania and 216-736-8896 in Ohio or
1-800-535-2557.
Before permitting use of your account or opening a new account,
the Bank may, in its sole discretion, require a waiting period,
proof by affidavit of the loss, theft, destruction or
misappropriation, a Bond of Indemnity from a corporate surety (in a
form satisfactory to the Bank) and your written agreement to
cooperate fully in an investigation of the circumstances surrounding
such loss, theft, destruction or misappropriation and in the
prosecution of any person(s) who misappropriated said
instrument.
25. Attachments and Legal Process. If
legal action such as a tax levy, attachment, garnishment, writ of
execution or similar legal process is brought against you or your
account, the Bank may be required to pay all or a portion of your
account to another party and/or may refuse to pay out any money from
your account. In such event, the Bank will not be liable to you for
complying with such levy, attachment, garnishment, writ or other
legal process, even if paying the funds from the account leaves
insufficient funds to pay an item you have written. The Bank may
also charge your account the applicable fee set forth in the
then-current Account Information Schedule. If the Bank incurs any
expenses, fees or other costs, including, but not limited to,
attorney's fees and the costs of litigation, arbitration or other
dispute resolution to the extent permitted by law, in responding to
the levy, attachment, garnishment, writ of execution or similar
legal process that is not otherwise reimbursed, the Bank may charge
or collect such expenses, fees or other costs from your account
without prior notice to you. Any tax levy, attachment, garnishment,
writ of execution or similar legal process is subject to the Bank's
right of setoff and security interest.
The Bank may also charge your account the applicable fee set
forth in the then-current Account Information Schedule for records
and research provided on your account in response to a valid request
by you or another account owner or person or entity having a legal
interest in your account that the Bank perform research or produce
records. Similarly, the Bank may also charge your account the
applicable fee set forth in the then-current Account Information
Schedule for records and research provided on the Account in
response to a summons, subpoena, or other court or governmental
agency order or requirement that the Bank perform research or
produce records. You agree that the Bank has no duty to challenge or
otherwise defend the adequacy or propriety of any legal process
served on the Bank.
26. Death or Incompetence. Neither death
nor legal adjudication of incompetence revokes the Bank's authority
to accept, pay or collect items until the Bank actually knows of the
fact of death or an adjudication of incompetence and has had a
reasonable opportunity to act on it. Even with such knowledge, the
Bank shall have the right to pay any checks, withdrawals, or other
items and to carry out any transfer orders for ten (10) days after
the date of death or adjudication of incompetence unless otherwise
restricted by applicable law, unless the Bank receives instructions
to stop payment on those checks, withdrawals, and/or other items and
orders from a surviving joint owner (in the case of a joint
account), the legal representative of the deceased depositor, the
legal representative of the incompetent depositor, or any other
person with an interest in the account.
Each joint account owner agrees to notify the Bank upon the death
of any other joint account owner. The Bank reserves the right to
refuse to process withdrawals from your account until all legal
requirements pursuant to a case of death or incompetency are
fulfilled in accordance with applicable law.
27. Legal Compliance. By maintaining an
account with the Bank, you agree to cooperate with the Bank in the
preparation of any forms or reports which the Bank deems necessary
or appropriate in compliance with the federal Bank Secrecy Act,
Patriot Act, Bank Protection Act or similar federal, state and/or
local laws and regulations, as amended from time to time,
(collectively "Security Acts") and you authorize the submission of
such forms or reports to governmental agencies as may be required by
the Security Acts. You agree to take no action which might frustrate
or impede the recordkeeping or reporting obligations imposed upon
the Bank by the Securities Acts.
28. Indemnity. If you ask the Bank to
follow instructions that the Bank believes might expose the Bank to
claims, suits, losses, expenses, liabilities or damages, whether
directly or indirectly, the Bank may refuse to follow the
instructions or the Bank may require a bond, an indemnification on a
form acceptable to the Bank or such other protection as the Bank, in
its sole discretion, deems necessary.
29. Pledge of Accounts. You may not
pledge or grant a security interest or other lien in your account
without the prior written consent of the Bank. In addition, you may
not pledge or grant a security interest or other lien in your
account if it is considered to be nontransferable by applicable law
or regulation. Even if the pledging or granting of a security
interest or other lien in your account is permitted by applicable
law or regulation and the Bank has given its prior written consent,
your account and the funds in it remain subject to the Bank's right
of setoff and security interest unless such right of setoff and
security interest are specifically waived in writing by the Bank's
Treasurer or Corporate Secretary.
30. Specific Terms and Conditions for Checking with
Interest and Transaction Savings Account. The
balance in all Bank checking accounts and Transaction Savings
accounts are divided into two linked subaccounts; a transaction
subaccount and a money market subaccount. The division of the
account into subaccounts shall have no effect on the interest rate,
or lack of an interest rate, for the applicable account. At the
beginning of each monthly statement cycle, the balance in the
transaction subaccount that exceeds a predetermined threshold
balance shall be transferred to the money market subaccount. The
threshold balance will be set by the Bank and is subject to change
without notice. Thereafter, all checks, debits and withdrawals shall
be presented against the transaction subaccount for payment. Also,
all deposits and credits shall be made to the transaction
subaccount. If the available and collected balance in the
transaction subaccount at the end of the day exceeds the
predetermined threshold balance, and six (6) transfers from the
money market subaccount have not occurred during the current monthly
cycle, the amount in excess of the threshold balance in the
transaction subaccount shall be transferred to the money market
subaccount prior to the next day.
If the aggregate checks, debits and withdrawals presented for
daily payment against the transaction subaccount exceed the
available and collected balance, a transfer from the money market
subaccount to the transaction subaccount shall be made if there are
available and collected funds in the money market subaccount. The
amount of the transfer from the money market subaccount shall be
equal to the amount necessary to pay all checks, debits and
withdrawals presented that day plus the amount needed to replenish
the transaction subaccount to the threshold balance or the total
balance of the money market subaccount, whichever is less. Transfers
from the money market subaccount are limited to six (6) transfers
per monthly statement cycle. Upon the sixth transfer from the money
market subaccount to the transaction subaccount during a monthly
statement cycle, the entire balance in the money market subaccount
shall be transferred to the transaction subaccount for the remainder
of the month.
The Bank may add accounts to or delete accounts from the terms
and conditions of this section upon notice to you.
31. Taxpayer Identification Number. The
Bank is required by federal law and regulations to record a taxpayer
identification number (e.g. Social Security Number) for your
account. The Bank reserves the right to refuse to open any account
if such number is not supplied or you fail to supply satisfactory
information. If the proper tax identification number is not supplied
on or shortly after the day your account is opened, federal law and
regulations require the Bank to withhold a portion of the amount of
interest paid on your account. You may also be subject to government
penalties.
32. Holds and Adverse Claims. The Bank
may in its discretion place a hold on funds in your account at any
time that the Bank believes in good faith that the Bank may be
subject to loss if items are paid or other withdrawals are permitted
from the account. Without limiting the generality of the previous
sentence, if after an item that you cashed or deposited to your
account is finally paid, someone else makes a claim that it was
altered, forged, unauthorized or should not have been paid for some
other reason, the Bank may withhold the amount of such item until a
final determination has been made as to that claim. In addition, if
the Bank receives notice of any actual or potential adverse claim to
an account or the funds in an account, it may in its discretion
refuse to pay out any money from the account for a reasonable period
of time after receipt of notice of the actual or potential claim.
Although the Bank reserves the right to refuse to pay out any money
from an account if it has received notice of an actual or potential
claim, the Bank is not required to recognize any adverse claim
unless the person making the claim satisfies the requirements
specified by applicable state law.
33. Disputes Involving the Account. You
agree to be liable to the Bank for any loss, costs or expenses,
including, but not limited to, reasonable attorney's fees and the
costs of litigation, arbitration or other dispute resolution to the
extent permitted by law, the Bank incurs as a result of any dispute
involving your account. You authorize the Bank to deduct any such
loss, costs or expenses from your account without prior notice to
you. This obligation includes disputes between you and the Bank
involving your account and situations where the Bank becomes
involved in disputes between you and other account owners,
authorized account signers or any third party claiming an interest
in your account. It also includes situations where you, other
account owners, an authorized account signer, or a third party take
some action with respect to your account which causes the Bank to
seek the advice of legal counsel, even if the Bank does not actually
become involved in the dispute.
34. Transfer of Ownership. YOUR ACCOUNT
IS NOT TRANSFERABLE EXCEPT ON THE RECORDS OF THE BANK. If you wish
to transfer ownership of an account, or delete an owner from your
account, the Bank may require that the account be closed and a new
one be opened in the name of the new owner(s).
35. Counter Checks. If the Bank issues to
you counter, courtesy or starter checks (checks which do not contain
your account number and/or the check number pre-encoded on the MICR
line and/or which do not contain your pre-printed name and address),
in consideration of the Bank's issuance of such checks to you
without charge, you agree to assume all risks directly or indirectly
incidental thereto (including the risk of miscoding) and you hereby
indemnify and hold the Bank harmless of and from all loss, cost and
expense (including, but not limited to, reasonable attorney's fees
and the costs of litigation, arbitration or other dispute resolution
to the extent permitted by law and expert's fees) which the Bank may
incur in (i) processing such a check for payment from, or credit to,
an account, (ii) otherwise handling such a check or (iii) any
litigation or dispute arising with respect to such a check, whether
or not the Bank is a party to any such litigation or dispute.
36. Leap Year. You acknowledge and agree
that the Bank shall calculate interest on deposit accounts based
upon the actual number of days in a calendar year. For non-leap
years you agree that the Bank shall apply a daily rate of interest
of 1/365th. For a leap year you agree that the Bank may apply a
daily rate of interest of 1/366th during the leap year for all
accounts earning interest that are open on or prior to February
29th.
37. Availability of Funds and Holds. The
availability of funds and the Bank's ability to place holds on funds
deposited to transaction accounts is addressed in the Bank's Funds
Availability Disclosure. Subject to the Expedited Funds Availability
Act - Regulation CC, as may be amended from time to time, the Bank
has the right to charge back the amount of such funds to the account
and recover any applicable fee referenced in the most current
Account Information Schedule.
38. Certificates of Deposit and Retirement Savings Time
Deposits. The following specific rules apply to
Certificates of Deposit and Retirement Savings Time Deposits.
A. EARLY WITHDRAWAL - JOINT ACCOUNTS
The Bank reserves the
right to require the signatures of all joint account holders (both
AND and OR accounts) for any withdrawal of principal from a
certificate of deposit prior to maturity.
B. EARLY REDEMPTION PENALTY
With certain exceptions that are
noted in the Account Information Schedule, there is a substantial
penalty for early withdrawal for all certificates of deposit and
retirement savings time deposits.
The Bank permits, without penalty, the withdrawal of any amount
of principal from a certificate or time deposit before maturity only
upon the death or judicially-declared incompetence of the depositor.
You may withdraw any amount of principal before maturity in other
cases, but than you will be required to pay a penalty. (Retirement
Savings disability withdrawals and Required Minimum Distributions
are also permitted without penalty).
Unless otherwise noted in the Account Information Schedule, the
penalty for early withdrawal will equal the years remaining until
maturity (including partial years), multiplied by the principal
being withdrawn, multiplied by the difference between the contract
rate on the certificate or time deposit being withdrawn and the rate
currently offered on certificates with terms closest to the years
remaining until maturity on the certificate or time deposit being
withdrawn. The penalty, however, shall not be less than three
months' simple interest at the contract rate, or one month's simple
interest on a certificate or time deposit with a term of Ninety-one
days or less.