TERMS AND CONDITIONS AGREEMENT
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY SO YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS FOR YOUR DEPOSIT ACCOUNT AND DEPOSIT RELATIONSHIP WITH US. IN PARTICULAR, PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION LOCATED IN PART XI: IT WILL IMPACT HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THIS SECTION INCLUDES, WITHOUT LIMITATION, PROVISIONS WHEREBY YOU AGREE TO (1) SETTLE CLAIMS OR DISPUTES THROUGH BINDING ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT, (2) WAIVE RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY, (3) WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS, AND (4) WAIVE OTHER RIGHTS WHICH YOU MIGHT HAVE UNDER THE LAW. YOUR ACCEPTANCE OF THIS AGREEMENT INCLUDES ACCEPTANCE OF THOSE PROVISIONS.
PART I. GENERAL PROVISIONS
1. Legal Effects of Provisions in this Agreement
Throughout this Terms and Conditions Agreement (this “Agreement”), Capital City Bank will be called “the Bank”, “Bank”, “we”, “us” and “our”, and YOU the depositor(s) will be called “you” and “your.” The entire Agreement includes the Products and Services Brochure, the Other Services and Fees Insert, the Disclosures Insert, the Capital City Bank Group Privacy Notice, and any other brochures or inserts related to the matters covered by this Agreement. When you open an Account with the Bank by signing a signature card (a “Signature Card”), and receive a copy of this Agreement, you are agreeing to the terms of this Agreement; it is a legally binding contract. Please note that the contract can only be modified as provided in this Agreement. Please READ and RETAIN this Agreement so that you can refer to it whenever you have a question about your Account. Our deposit relationship with you is that of debtor and creditor. This Agreement and the deposit relationship do not create a fiduciary, quasi-fiduciary or special relationship between us. Our internal policies and procedures are solely for our own purposes and do not impose on us a higher standard of care than otherwise would apply by law without such policies or procedures.
2. Important Definitions
In this Agreement several words are used repeatedly and have the following meanings:
a) “Account” or “Accounts” means any and all Deposit Accounts with Capital City Bank including all Checking Accounts and Savings Accounts.
b) “ACH” is an electronic deposit to or withdrawal from your Account, such as a direct deposited payroll check or a bill payment sent to us through the Automated Clearing House (“ACH”) network.
c) “Agreement” means this Terms and Conditions Agreement, the Products and Services Brochure, the Other Services and Fees Insert, the Disclosures Insert, the Capital City Bank Group Privacy Notice, and any other brochures or inserts related to the matters covered by this Agreement.
d) “ATM” means automated teller machine and is defined herein to include both traditional automated teller machines and smart automated teller machines.
e) “ATM Transaction” means a Transaction conducted through an ATM.
f) “Authorized Signer” or “Convenience Agent” or “Agency Designation” means a person whom you have authorized to transact business on your Account whether or not such person has signed the Signature Card or other documentation for your Account.
g) “Available Balance” is the balance in your Account after deducting (1) deposits that are not yet available for withdrawal under our Funds Availability Policy
[Part IX], (2) debit card or other Transactions that we are legally obligated to pay or have already paid out in cash, (3) other pending Transactions such as ACH transactions, and (4) any holds on your Account, such as holds on funds to comply with court orders or other legal requirements.
h) “Business Days” are Monday through Friday, not including Federal holidays. Refer to Part IX.1 for further information pertaining to the Bank’s Business Day.
i) “Certificate of Deposit” or “CD”means an interest-bearing savings certificate with a fixed maturity date that restricts clients from withdrawing funds on demand.
j) “Checking Accounts” includes both interest-bearing and non-interest bearing personal and business/commercial Checking Accounts, allowing for unlimited check-writing ability and other withdrawals.
k) “Check” means any written order to pay a specific amount of money drawn on, payable through or at, or processed by, a bank or other depository institution. If a Check is sent or returned as an electronic image or as a Substitute Check, it is still considered a Check.
l) “Club Account” includes both interest-bearing and non-interest bearing accounts under written contract providing that no withdrawal may be made prior to the agreed upon distribution date.
m) “Collected Balance” is the balance in your Account less any deposited Checks for which the Bank has not collected or received final payment from the paying bank.
n) “Consumer” means a natural person who establishes an Account with the Bank primarily for personal, family or household purposes.
o) “Custodial Account” means an Account set up for the benefit of a beneficiary, and administered by a responsible person, known as a custodian, who has a fiduciary obligation to the beneficiary.
p) “Demand Deposit Accounts” includes all Checking Accounts, both personal and business/commercial.
q) “Deposit Account” includes all personal and business/commercial Checking Accounts, money market
accounts, Savings Accounts, Demand Deposit Accounts, NOW Accounts, and certificates of deposit.
r) “Electronic Check Conversion” means a one-time electronic funds transaction where a Check, draft, or similar paper instrument is used as a source of information to initiate the Transaction.
s) “Electronic Funds Transfer” includes, but is not limited to, debit card and ATM Transactions, direct deposits/withdrawals and pre-authorized payments, telephone transfers, transfers initiated through a personal computer, transfers initiated through a “mobile wallet” (includes Transactions initiated through a smart phone, personal digital assistant (“PDA”) or other mobile device), and transfers initiated electronically by using information from a Check (for example, an Electronic Check Conversion).
t) “Endorsement” is a signature, stamp, or other mark made on a Check to transfer the Check to another person or entity.
u) “Hold on Your Account” means funds in your Account are temporarily unavailable for withdrawal. A hold may be placed on some or all of the funds in your Account due to our Funds Availability Policy (Part IX), a Legal Process or court order requiring us to prevent withdrawals, or other reasons. Your Available Balance is reduced by the amount of a Hold on Your Account, however, where applicable, interest will continue to accrue on the Collected Balance in the Account.
v) “Item” means any Check, ACH, funds transfer, teller cash withdrawal, ATM withdrawal, debit card purchase, fee, charge, or other amount that is added to or subtracted from your Account.
w) “Legal Process” means any document that appears to have the force of law that requires us to hold or pay out funds from your Account, including but not limited to a levy, writ of attachment, garnishment, tax withholding order, restraining order, injunction, subpoena, warrant, notice of lien, sequestration, or similar legal action or order issued by or on behalf of any court of competent jurisdiction, creditor, or other claimant.
x) “Linked Account” means an Account that is connected to another Account for the purpose of
providing an associated or combined service such as automatic transfers, combined statements or
ATM/debit card access.
y) “Matured Timed Deposit” includes all certificates of deposit and Savings Accounts held for fixed
periods of time.
z) “NOW Account” means an interest-bearing Demand Deposit Account that may only be owned by: individuals (including d/b/a accounts or sole proprietorships), organizations operated primarily for religious, charitable, educational, or other non-for-profit purposes, or governmental units which use the Account for the deposit of public funds. NOW Accounts may not be owned by partnerships or corporations operating for profit. The Bank also has the right to require seven (7) days’ advance notice before withdrawals made from NOW Accounts.
aa) “Overdraft” or “Overdrawing” your Account means that your Account balance, not including any deposits you’ve made that are not yet available or any holds on your Account, is less than $0 or that your Available Balance is not enough to pay all the Items that have been presented to us on a Business Day.
ab) “PIN” means your confidential personal identification number or other confidential code assigned to you by Capital City Bank or selected by you for identification purposes in connection with the use of your debit card or ATM card or with other electronic banking transactions.
ac) “Savings Account” includes all savings accounts and money market accounts, both personal and business/commercial, allowing limited withdrawals payable to third parties. The Bank also has the right to require seven (7) days’ advance notice before any withdrawals made from any Savings Account.
ad) “Transaction” means any banking transaction, including a deposit, withdrawal, transfer or purchase, that is initiated in-person or through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a debit or credit to your Account.
3. Subject of Agreement – Deposit Products
The Bank offers a great variety of financial services to meet your needs, including many different types of Deposit Accounts. Except for certain special accounts, this Agreement covers all types of Deposit Accounts offered by the Bank, now or in the future, including Demand Deposit Accounts, money market accounts, Savings Accounts and certificates of deposit. These deposit products are described in detail in separate brochures available at the Bank. In addition, some Deposit Accounts involve special rules that are not set forth in this Agreement. While this Agreement is applicable to these Accounts, these Accounts are also subject to additional rules designed to take their unique characteristics into account. Further information is available at the Bank on any of these special financial services. This Agreement does not cover products such as treasury management services, loans, safe deposit boxes, trust services, VISA Credit Cards and investment brokerage services.
To help the government fight the funding of terrorism and money laundering activities, Federal law, including the USA PATRIOT Act, requires all financial institutions to obtain, verify, and record information that identifies each person and business entity that opens an Account. When you open an Account, the Bank will ask for your name, address, date of birth, business entity formation documentation, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. We may validate the information you provide to us to ensure we have a reasonable assurance of your identity. We may contact you for additional information. Even if you have been a client of ours for many years, we may contact you for additional information and documentation because we may not have collected it from you in the past or we may need to update our records. If we are not able to verify your identity to our satisfaction, we will not open your Account or we may close your open Account.
5. Tax Information
In most instances we are required to report annually to you and to the Internal Revenue Service (“IRS”) interest payments that total $10 or more during the year on your Deposit Accounts with us. We may also be required to report this information to the appropriate state revenue authority. When you open an Account, we are required to obtain – and each U.S. citizen or resident alien must give us – a certified U.S. Taxpayer Identification Number (“TIN”) and information regarding your backup withholding status. By opening an Account, you certify that you have provided the correct TIN for the account holder and the correct backup withholding status. For individual accounts, the TIN is your Social Security number (“SSN”). For joint accounts, we report the SSN for the person listed first in our records. Resident aliens who do not qualify for a SSN should provide their Individual Taxpayer Identification Number (“ITIN”). The Bank may request that you provide this information to us on IRS Form W-9. For other accounts, the TIN is the owner’s Employer Identification Number (“EIN”). Under the Federal Income Tax Law, if you have not provided us with your correct TIN, you may be subject to a penalty imposed by the IRS. In addition, interest, dividends, and other payments that we make to you may be subject to backup withholding.
Backup withholding is not an additional tax.
If you are a nonresident alien individual or entity, you are generally exempt from information reporting and backup withholding, with some exceptions. As an exempt foreign person or entity, you must provide the address of your permanent foreign residence or the entity’s principal foreign office on the IRS Form W-8BEN that you give to us. For accounts with multiple owners, all owners must certify their status as foreign persons. You must renew your status as an exempt foreign person or entity prior to the end of the third calendar year following the year in which you last certified your status. If you fail to renew your status by the last day of the fourth calendar year, your interest payments are subject to backup withholding. Some limited exemptions from this renewal process exist. If you become a U.S. citizen or resident after opening your Account, you must notify us within thirty (30) days and provide use with your certified name and TIN.
We comply with Foreign Account Tax Compliance Act (“FACTA”) as mandated by U.S. federal tax law. We will withhold on certain payments when required by such law.
For more information or to determine how this information applies to you, consult your U.S. tax
6. Credit and Employment History Checks
You authorize the Bank to check your credit and employment history and to regularly answer questions and provide information to others, including credit bureaus and the like, about the Bank’s credit experience with you. You understand and agree that the Bank may disclose information relating to your Deposit Account(s) and loan(s) with Bank affiliated entities as authorized by the Bank’s board of directors or as otherwise permitted by law. For more information please review the Capital City Bank Group Privacy Notice.
7. Effect of State and Federal Laws and Regulations
The deposit relationship between you and the Bank is governed primarily by this Agreement. It is also construed and enforced in accordance with and governed by the internal law, and not the law of conflicts, of the State of Florida without regard to your state or country of residence or the location of any Capital City Bank transfer or terminal; the laws of the United States; the rules and regulations of the Board of Governors of the Federal Reserve System and operating letters of the various Federal Reserve Banks, the Consumer Financial Protection Bureau (“CFPB”), the National Automated Clearing House Association (“NACHA”) and other legally empowered authorities. In the event no party elects to arbitrate a Claim as set forth in Part XI of this Agreement, you and the Bank agree that any lawsuit or other such proceeding arising from or relating to a Claim shall be subject to the
exclusive jurisdiction of the courts in Leon County, Florida. These choice of law provisions are to apply without giving effect to any choice of law rules that may require the application of the laws of another jurisdiction.
8. FDIC Deposit Insurance
The Federal Deposit Insurance Corporation (“FDIC”) is an independent government agency of the United States. The FDIC protects depositors of insured banks located in the United States against the loss of their deposits if the insured bank fails. Depositors’ funds are insured up to the applicable limit established by the FDIC. This insurance coverage applies to various ownership categories of Deposit Accounts, and may vary depending on the number and types of Deposit Accounts you maintain. This additional protection is provided through the use of single/ individual and joint accounts, payable-on-death contracts and fiduciary accounts. If you want a more detailed explanation or additional information, you may ask a Bank associate or contact the FDIC. You can also visit the FDIC website at www.fdic.gov and click on the Deposit Insurance link. The link includes detailed contact
information as well as a deposit insurance estimator.
9. Client’s Waiver of Notice
By signing the Signature Card, you waive any notice of non-payment, dishonor or protest regarding any Items credited to or charged against your Deposit Account, where not prohibited by the Uniform Commercial Code or Federal Reserve Regulation CC.
10. 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 such waiver will not affect the right of the Bank to enforce any of its rights with respect to other clients or to enforce any of its rights with respect to later Transactions with you and is not sufficient to modify the terms and conditions of this Agreement.
11. Modification of Agreement by the Bank
The Bank reserves the right to modify the contract terms in this Agreement at any time. Unless otherwise required by law, the Bank may modify this Agreement by delivering a written notice of the modification to you at the current mailing address on your Account as designated by you pursuant to Part V of this Agreement. Such a modification will be effective upon the date specified in the notice, as allowed by law, unless you specifically consent to an earlier date. When we change this Agreement, the then-current version of this Agreement supersedes all prior versions and governs your Account. If you continue to use your Account or keep it open after the modification effective date specified in the notice to you, you are deemed to accept and agree to the change and are bound by the change. If you do not agree with any change, you may reject the modified Agreement, and therefore not be subject to the change, by closing your Deposit Accounts with the Bank within sixty (60) calendar days after you receive notice of the modification. Notice will be deemed given three (3) Business Days after it is mailed to the current mailing address on your Account as designated by you pursuant to Part V of this Agreement. You will not be charged fees or penalties for closing your Deposit Account(s) if, during the sixty (60) calendar day period, you deliver to the Bank a written statement instructing the Bank to close all of your Deposit Accounts because you wish to reject the changes in the modified Agreement.
Modification of service fees is governed by Part III.29 of this Agreement.
Unless otherwise specifically set forth herein, if any provision, or a portion thereof, of this Agreement or its application to any party or circumstance shall be declared void, illegal, or unenforceable, the remainder of the provision and the Agreement shall be valid and enforceable to the extent permitted by law. If any terms of this Agreement come into conflict with applicable law, those terms will be nullified to the extent that they are inconsistent with the law, and the applicable law will govern.
13. Termination of Agreement
This Agreement between you and the Bank, as it relates to the Accounts offered by the Bank, can be terminated by either you or the Bank for any legal reason, at any time by a notice in writing. 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 on outstanding Items. You agree that notice of termination of this Agreement by the Bank will be reasonable if it is mailed to your statement mailing address at least ten (10) days prior to the date of the termination.
PART II. OWNERSHIP OF ACCOUNTS
1. Signature Card Designation
The classification of your Account as a personal/Consumer account or a business/ commercial account, and the form of ownership for your Account, are designated on the Signature Card when you open an Account or make ownership, beneficiary, or signatory changes to an 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 apply to your Account. 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. We may change, discontinue offering or change eligibility of any of the Account types. In the event the signature card and/or other form of resolution or authorization are unavailable or incomplete, information from our deposit system or other records may be relied upon to determine the form of ownership of the Account.
2. Age of Majority
The age of majority is the age at which a person, formerly a minor, is recognized by law to be an adult, capable of managing his or her own affairs and responsible for any legal obligations including contracts, deeds or legal relationships, created by his or her actions. The age of majority may vary by state and depending upon the nature of activity in which the person is engaged. Individuals must meet the following age requirements in order to open or sign on a Deposit Account with the Bank:
- FLORIDA – 18 years of age or 16 years of age if legal marriage occurs or upon judicial emancipation.
- GEORGIA – 18 years of age or upon judicial emancipation.
- ALABAMA – 19 years of age or 18 for married persons, widows or widowers or upon judicial emancipation.
Alternatively, the Bank will open an Account for a minor who has attained the age of 15 when it is held as a joint account with a parent, non-parental relative or a guardian. The non-parental relative or guardian must meet the age of majority requirements for the state in which the Account is opened. Refer to Part II.4, below, of this
Agreement for further information pertaining to joint accounts.
3. Individual/Single-Party Accounts
By opening an Account that is designated as an individual or single-party account on the Signature Card you are considered by the Bank as the sole owner of the Account. You may designate another person as an Authorized Signer, Convenience Agent, or Agency Designation to make deposits to and to withdraw funds from or write Checks on the Account without granting them any ownership interest in your Account. Otherwise, you will be the only person authorized to use the Account.
4. Joint/Multi-Party Accounts
A personal account opened by two or more persons is treated as a joint or multi- party account. The Bank offers only one type of joint account, a “joint (or multi-party) account-with survivorship”. The type of joint (or multi-party) account is designated on the Signature Card.
Two or more persons opening an Account that is designated as a joint (or multi- party) account-with survivorship on the Signature Card will be treated by the Bank as joint tenants with 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. If more than one joint tenant survives, they will own the Account as joint tenants with right of survivorship and not as tenants in common. Any Account opened by two persons legally married shall be considered a tenancy by the entirety, unless otherwise specified in writing.
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, regardless of whose money is deposited in 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 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 against either or both joint owners are subject to the Bank’s right of setoff and security interest set forth in Part III.21. Notice provided by the Bank to any joint owner is notice to all joint owners. Once a joint account is established, the Bank may refuse the request of one joint owner to remove the name and/or authority of another joint owner. Even if the Bank consents, we may require the concurrence of the joint owner being removed or require that you close the Account and reopen a new Account.
5. Pay-on-Death Accounts
The Bank may, to the extent authorized by law, accept Accounts designated on the Signature Card as
pay-on-death (“POD”) Accounts. During your lifetime, a POD Account belongs to you and your
designated beneficiary has no rights in it. You may close the Account, remove or add one or more
POD beneficiaries, change the Account type or ownership, and withdraw all or part of the funds in
These Accounts use a statutory procedure to automatically transfer your Account to the
beneficiaries designated on the Signature Card upon your death.
6. Accounts Under Uniform Transfers to Minors Act
The custodian of all Custodial Accounts under the Uniform Transfers to Minors Act for Florida, Georgia or Alabama, will abide by the law by notifying the Bank in writing immediately upon the death of the minor or at the time the minor attains the age of maturity. After notifying the Bank of either of these events, your authority over the Account continues only to the extent allowed by law. The Bank may honor any Checks or drafts drawn on the Account that are presented for payment prior to receipt of such notice, without incurring any liability to the minor or to any third party, regardless of the date on which either of these events transpired, and you will be liable to the
Bank for any loss or expense we incur because of failure to give prompt notice. Upon the death, incapacity, resignation, renunciation, or removal of any custodian of a Custodial Account under the Uniform Transfers to Minors Act for Florida, Georgia or Alabama, where there is no remaining custodian in those jurisdictions that permit joint custodians, the Bank will recognize a successor custodian duly designated by the previous custodian. 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 state law. The successor custodian shall notify the Bank immediately in writing upon their designation as custodian. The Bank will not be held liable for any actions taken based on its belief as to the validity and authority of the prior custodian where it has not been provided prompt notice of his or her resignation, renunciation, or removal and the successor custodian’s designation as
7. Business/Commercial Accounts
Business/commercial accounts are those established by any partnership, corporation, association, limited liability company 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 for carrying on a trade or business (sole proprietorship). The classification and form of ownership of a business/commercial account are as designated on the Signature Card.
Each partner or person signing the signature card or completing and signing other Account opening documents and requirements (for example, the Account resolution), represents and agrees that they are fully authorized to execute all documents or otherwise complete our requirements in their stated capacity and have complete authority to bind the business entity in all Transactions involving the Account.
The partnership, corporation, association, limited liability company or other legal entity agrees to notify the Bank promptly in writing of any change in authority. The Bank also reserves the right to require a partnership, corporation, association, limited liability company 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. The Bank reserves the right to collect and verify information relative to the actual or beneficial ownership and/or control of the Account. In addition, the Bank may require certain other information that is required for certain businesses to be maintained, including but not limited to, licenses, program descriptions, independent audits, descriptions of training programs and agency agreements.
8. Agency and Fiduciary Accounts
Any individual acting as an Agent, Guardian, Personal Representative, Representative Payee, Trustee, Custodian or in some other fiduciary capacity must be designated to the Bank as such on the Signature Card. It will otherwise be assumed that you own the Account in an individual capacity. The Bank is authorized to follow the directions of your fiduciary regarding your Account until we receive written notice that the fiduciary’s authority has been terminated and we have had a reasonable time to act upon the notice. The terms of any Agency Agreement, Trust Agreement, Court Order or other document in which the Account is opened will govern the Account and the Bank has the right to review such a document. The Bank assumes no liability for the administration of any trust
or fiduciary relationship whether or not the Bank has been provided with a copy of such document. Further, the Bank is not liable for the misapplication of funds from your Account by your fiduciary.
9. Changes to Account
You agree to notify us in writing of any change in ownership, Authorized Signers, Convenience Agents or Agency Designation of your Account or if an owner or Authorized Signer, Convenience Agent, or Agency Designation on the Account dies or is adjudicated incompetent. You acknowledge that we may, but need not, require a new signature card to be completed before any change in ownership or Authorized Signer becomes effective. You also acknowledge that we may require you to close your Account in the event of any change in ownership or change in the Authorized Signer, Convenience Agent, or Agency Designation. After we receive notice of a change and all documents we require regarding a change, we may take a reasonable period of time to act on and implement the change to your Account.
10. Less Common Types of Ownership
The Bank may establish Deposit Accounts with other types of ownership so long as it is legally and ethically possible to do so. If you have questions regarding special ownership arrangements, please contact a Bank associate for assistance at your closest Capital City Bank office, or by mail, phone, or website as listed at the end of this Agreement.
PART III. GENERAL RULES GOVERNING DEPOSIT ACCOUNTS
1. Deposit of Items
You may make deposits in person, by mail or by any other method the Bank makes available, such as our night depositories, our ATMs, our mobile deposit app, or remote deposit capture for Treasury Management clients. When depositing in person, by mail or through an ATM or night depository, you are encouraged to use your personalized deposit slips in order to help the Bank credit deposits to your Account as soon as possible. If you use a blank deposit slip or transaction ticket from one of our offices rather than your personalized deposit slip, we are not liable to you for errors that may result from your or our hand encoding the Account information. The Bank may credit a deposit to an Account based solely on the Account number listed on the deposit slip or other instruction to credit an Account, even if the name on the deposit slip or other instruction differs from the name on the Account. The Bank is not responsible for deposits made by mail or through a depository not staffed by the Bank’s personnel until the Bank actually receives them. Deposits made through the use of our online banking mobile deposit function are governed by the Capital City Bank OnLine Terms and Conditions Agreement; deposits made through the use of remote deposit capture for Treasury Management clients are governed by the Capital City Bank Remote Deposit Capture Agreement; deposits made through the use of our Smart ATM deposit only ATM card for businesses are governed by the Smart ATM Deposits Business Agreement.
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. In addition, the Bank reserves the right in its sole discretion to refuse to accept for deposit any Item which does not bear a proper Endorsement, which is payable to someone other than you or under any other circumstances. The Bank may require, at its option, the personal Endorsement of each payee prior to accepting an Item for deposit. As illustrated in Part III.2 below, when you endorse Checks that you ask us to cash or deposit, you must endorse Checks in the area that extends 11/2 inches from the trailing edge of the back of the Check. The trailing edge is the left side of the Check when you look at it from the front. You must also confine information that you place or have preprinted on the back of your Checks to the same area. If you endorse a
Check outside of that area, mark or otherwise obscure the other area or a prior Endorsement or make an Endorsement that is illegible or incomplete, we may refuse the Item or we may accept such non-conforming Endorsement and you agree to hold us harmless from any loss, delay, liability, claim or damage which may arise as a result. If it becomes necessary for us to return one of your Checks, your Endorsement or information placed on the back of the Check may interfere with the bank Endorsements and cause delays in returning the Item. You are liable for and agree to reimburse us for all claims, costs, losses and damages that result from late return of a Check due to material entered on the back of the Check that obscured or interfered with the depository or
another bank’s Endorsement.
There are special rules that affect your ability to withdraw your funds. These rules are described in Part IX of this Agreement. The Bank shall not be deemed to have received Items sent by mail until the Bank has received actual delivery of the same from the United States Post Office or other carrier. The Bank reserves the right to refuse any deposits.
2. Endorsement Requirements
To help ensure that Checks you deposit or cash will be processed promptly, your Endorsement (and any other Endorsement before the Check is deposited) must be in the 11/2 inch area that starts on the right side as viewed from the back. Payee or client information must not be any other part of the back of the Check (look at the
following diagram to see this area):
3. Night Depository and Drop ‘n Go Depository Deposits
When making deposits through one of the Bank’s Night Depositories or Drop ‘n Go Depositories (collectively, “Depositories”), you covenant and agree that you will not place Items in the Depositories without first locking or sealing them in a container approved by us with a completed deposit ticket Itemizing the contents, copies of which you will retain. Containers placed in the Drop ‘n Go Depository must be marked “DROP ‘N GO.” You assume all responsibility for deposits placed in the Depositories in unapproved containers. We or a third party (armored car courier) are authorized to remove the containers from the Depositories under dual control. Once received by us, any one of our associates may open the container(s) and credit the contents to the Account no later than the next Business Day after they are placed in the Night Depository, and on the same Business Day when they are placed in the Drop ‘n Go Depository before the posted cutoff time (subject to delays beyond our control). For deposits placed in the Drop ‘n Go Depository, we will send a deposit receipt to you via the e-mail address we have in our records for your Account. If we do not have your e-mail address or if your e-mail address is no longer valid, we will not send you a deposit receipt. You expressly understand and agree that our findings and records with
respect to the presence in, or absence from the Depositories, of any such container(s) and the contents thereof, shall be conclusive and binding upon you.
You must exercise due care when placing Items into the Depositories and must promptly report to us any problem or unsafe or insecure conditions that you observe regarding the Depositories. The only Items that can be placed in the Depositories are cash, Checks, drafts, or similar Items that you intend to deposit to the Account that would ordinarily be credited to the Account if you presented them to a teller for deposit. If any other Items are placed in the Depositories you will, upon notification by us, immediately retrieve them during our normal business hours or they will be returned to you at our discretion. The Depositories will not be used for any unlawful or dangerous purpose. If we suspect the Depositories are being used for any unlawful or dangerous purpose, we may turn any unopened containers and the contents of any opened containers over to law enforcement agencies, and we may report our suspicions and their bases to law enforcement agencies, without any liability whatsoever. Prior to Items placed in the Depositories becoming deposits, our responsibility will be limited to the exercise of reasonable care, and unless otherwise required by law we will not insure such Items, and our not insuring them will not constitute
failure to exercise reasonable care arising to a level of gross negligence. We will not under any circumstances be liable for consequential damages. You agree that we will not be responsible for any loss or damage sustained by you in the use of the Depositories which results from a mechanical defect, act of God, or malfunctioning with respect to the Depositories itself, or from your inability to properly operate the Depositories facility, unless such damage or loss is caused by our gross negligence. You further agree that we will not be responsible for any loss occasioned by the use of the Depositories by any of its other users or other persons for any dangerous or unlawful purposes or arising from acts of vandalism or malicious mischief. We may temporarily suspend use of the Depositories, without any resulting liability, by posting a sign to that effect at or near the Depositories in the event of any emergency or to make alterations or repairs.
Only you shall be allowed to receive the container(s) placed in the Night Depository from the Bank without depositing the contents of the container(s) in the Account. If keys are provided to you for access to the Night Depository, you agree not to duplicate them and to return them to us upon termination of your use of the Night Depository. Specialized services are available through the use of our Night Depositories including our Safekeeping and Change Order services. Refer to the Night Depository Agreement for Specialized Services for terms and disclosures related to these services.
4. Collection of Items
In receiving Items for deposit or collection, the Bank acts only as your collecting agent. The Bank may accept, accept for collection only, refuse, or return all or part of any deposit. If we accept Checks or other Items for deposit to your Account or cash them, you are responsible for the Checks and other Items if there is a subsequent problem with them. If we do credit your Account and then do not receive payment, we may debit your Account for the amount of the Item, even if this causes your Account to become overdrawn.
All Items are credited subject to verification and to final payment in cash. When we accept your deposits, we may provisionally credit your Account for the amount declared on your deposit ticket and later verify the accuracy of that amount, though we reserve the right not to do so in every case. You must ensure the amounts declared on your deposit ticket are correct even if you did not prepare the deposit. If later we determine the amounts declared on the deposit ticket are incorrect, we may adjust (debit or credit) your Account. We may make the adjustment without prior notice to you and the amount of your deposit (including any adjustment) will appear on your Account statement. However, if the error in completing the deposit ticket was apparently inadvertent and is less than our standard adjustment amount of $5.00, we will not adjust the deposit unless you notify us of the error, subject to Part VI of this Agreement. If you do not notify us of the error, subject to Part VI of this Agreement, the deposit amount will be considered finally settled. This means if the actual amount deposited was less than the amount declared on the deposit ticket, the difference will become your property, and if the actual amount deposited was
more than the amount declared on the deposit ticket, the difference will become our property. We may change our standard adjustment amount from time to time without notice to you.
Deposits and payments made via ATMs will not be immediately available for withdrawal, except upon a limited basis and subject to Part IX. Deposits and payments accepted at any Capital City Bank night depository or ATM will be credited only for the actual contents as determined by the Bank’s associates regardless of what is stated on the transaction ticket or entered into the terminal.
The Bank will not be liable for default or negligence of its duly selected correspondents nor for any losses in transit. Each correspondent so selected shall not be liable except for its own negligence. The Bank or its correspondents may send Items, directly or indirectly, to any bank, including the payer, and accept its draft or credit as conditional payment in lieu of cash. Items and their proceeds may be handled by the Federal Reserve Bank in accordance with applicable Federal Reserve Rules and by this Bank or any correspondent in accordance with any common bank usage, with any practice or procedure that the Federal Reserve Bank may use or permit another bank to use, or with any other lawful means. The Bank may charge back any time before final payment, whether returned or not, and also any Item drawn on this Bank not good at close of business on the day deposited. The Bank will not be responsible for or subject to any liabilities to you under this Agreement other than those imposed upon the Bank by law.
5. Processing and Collecting Foreign Items
A foreign Item is a Check or other Item in any currency (including United States dollars) that is drawn on a financial institution outside the United States, its commonwealths and territories. The Bank may refuse a foreign Item for deposit or collection. If the Bank accepts a foreign Item for deposit or collection, we may decide not to credit the value of the foreign Item to your Account until we receive the proceeds in cleared funds from the paying bank. However, if we do credit your Account, the credit is provisional and we may reverse the credit or adjust the amount originally credited at any time. If we accept an Item for deposit which we later determine to be a foreign Item, we may decide that the Item needs to be sent for collection. If so, we may reverse any credit given for the Item and contact you concerning collection. You may ask us to send the Item for collection. If the Bank accepts a foreign Item for deposit or collection, you assume all the risks relating to or arising from: the collection process, a late return, or changes in currency exchange rates.
We may receive Transactions related to your Account or relationship with us for which we determine that it is appropriate to convert the Transaction from a foreign currency (any currency other than United States dollars) to United States dollars or from United States dollars to a foreign currency. When we decide to convert a Transaction, we may determine in our discretion the currency exchange rate and then assign that currency exchange rate to your Transaction without notice to you. This may result in a debit or credit adjustment to the amount originally credited to your Account. We may consider many factors in setting our currency exchange rates. Some of these factors are exchange rates set by others, our desired rates of return, market risk, and credit risk. We are not liable to you if our currency exchange rates are different from rates: offered or reported by third parties; offered by us at a different time, at a different location or for a different Transaction amount; or which
involve different payment media (such as bank-notes, Checks and wire transfers).
You assume all risks relating to or arising from fluctuations in the exchange rates between currencies. When the Bank sends a foreign Item for collection, you understand that the foreign Item is sent solely for you and at your risk and that we are not liable for any event in the collection process which is beyond our control. The Bank is not liable for a default by any bank or agent involved in the collection process or for the loss of the foreign Item in transit. We may send the foreign Item through a correspondent bank or directly to the paying bank. We may
deduct our fees and the fees and charges assessed by the paying bank and any agents involved in the collection process from any amount collected or from your Account.
6. Returned Items
You are responsible for returned Items, also referred to as “Chargeback Items.” This applies to all Items that you deposit or that the Bank cashes for you (a “Cashed or Deposited Item”) and includes Items drawn on us as well as Items drawn on other financial institutions. If a Cashed or Deposited Item is returned to us at any time for any reason by the financial institution on which it is drawn or any collecting financial institution, we may accept that return, pay the claiming party, and charge the Item to your Account without regard to whether we or the other financial institution finally paid the Item or returned the Item in accordance with any applicable midnight deadline or clearinghouse rule. We may also deduct from your Account any interest you may have provisionally earned on the Item. We may charge you a fee for each returned Item. Different fees may apply to domestic and foreign Items. We may debit your Account for a returned Item at any time on or after the day it is returned to us by electronic, ACH, or other means or on the day we receive notice that the Item is being returned to us – whichever is earlier. You waive notice of dishonor and protest. Returned Items are charged back to the Account. Notice of the returned Item will be mailed to you at the current mailing address on your Account as designated by you pursuant to Part V of this Agreement; however, you agree that we are not required to give you next-day notice.
Furthermore, if after a Check or other Item deposited into your Account is finally paid, it is returned to the Bank by the financial institution on which it was drawn or any collecting financial institution because someone has made a claim that the Check or other Item was altered, forged, unauthorized, or should not have been paid for some other reason, the Bank may withhold the amount of such Check or other Item from your Account until a final determination as to the validity of that claim has been made. See Part III, Sections 22, 24, and 25, below.
7. Authorized Signature
Your signature on the Signature Card is your authorized signature. For the payment of funds and for other purposes relating to any Account you have with the Bank, the Bank is authorized to recognize your signature, but we will not be liable to you for refusing to honor your Checks or other signed instructions if we believe in good faith that the signature appearing on such Checks or instructions is not genuine. You further agree that we will not be liable to you for honoring any Check or other Item bearing a signature that, in our good faith opinion, resembles the signature on your Signature Card. Additionally, you may authorize the use of a facsimile signature device by designation on the Signature Card or in a separate resolution. If you have authorized the use of a facsimile signature device, the Bank may honor any Check or other signed instruction that bears or appears to bear your facsimile signature even if it was made by an unauthorized person or with a counterfeit facsimile device. Therefore,you should maintain close control over your facsimile signature device and promptly review your
statements and cancelled Checks for unauthorized use of the device. See Part III.8.
When your Account is established, you may require more than one authorized signature on a Check or other Item drawn against your Account on the Signature Card. The Bank does not assume a duty to enforce multiple signature requirements that you may agree upon among yourselves. If you indicate on your Checks or signature card or other Account documents that more than one signature is required for withdrawal, this indication is for your own internal procedures and is not binding on the Bank. The Bank may honor any Check or other Item drawn against the Account so long as it contains at least one authorized signature.
If you have opened your Account on our website as listed at the end of this Agreement, you have consented to electronically receive your signature card. Refer to the Capital City Bank OnLine Service E-Sign Disclosure and Consent form. For the payment of funds and for other purposes relating to any Account you have opened on our website, the Bank has the right to require signature verification from you upon request, and we will not be liable to you for refusing to honor your Checks or other signed instructions if we believe in good faith that the signature appearing on such Checks or instructions is not genuine.
8. Duty to Review Account Statements
You agree to review your Account statements within thirty (30) days from the statement date. Because you are in the best position to discover an unauthorized signature or Endorsement, a missing Endorsement, any alterations or any counterfeit Item, you agree that, without regard to care or lack of care by you or the Bank, we will not be liable for paying any such Item and you will be precluded from any recovery from the Bank if you have not reported in writing an unauthorized signature or Endorsement, a missing Endorsement, or any alterations or any counterfeit Item to the Bank within thirty (30) days from the statement date of the earliest statement containing those Items. The Bank will also not be liable for forgeries on your Account committed by the same person if you fail to report the first forgery(s) within thirty (30) days from the statement date containing the first forgery(s). If you choose not to receive your statements, you remain responsible to review and report any errors within thirty (30) days from the statement date. If you are absent from your Account mailing address, you are responsible to make arrangements to have your statements reviewed for errors and report them in a timely manner. Refer also to Part V and Part VI of this Agreement for information regarding Account notices, statements, communications, and reporting problems and to the Capital City Bank OnLine Terms and Conditions Agreement for your liability for prompt review of e-documents. Refer to Part VII and Part VIII for special rules regarding electronic funds
9. Powers of Attorney/Appointment and Payment to Agents
You may decide to appoint someone to act for you as your agent or attorney-in-fact (“agent”) under a power of attorney. We may accept any form that we believe was executed by you and act on instructions we receive under that form without any liability to you. You agree to reimburse us for all claims, costs, losses and damages that we incur in accepting and acting on any power of attorney form that we believe you executed. In some cases, we may require that your agent confirm in an affidavit that the power has not been revoked or terminated and that the agent is acting within the scope of the authority granted in the power of attorney. Please note that we may refuse
to honor powers of attorney that you grant to others if (1) we have knowledge of the termination or suspension of the agent’s authority or of the power of attorney before exercising the power; (2) your agent refuses to provide an affidavit, English translation or opinion of counsel as requested by the Bank; (3) we believe in good faith that the power is not valid or that the agent does not have authority to perform the act requested; or (4) we have knowledge that another person has made a report to the local adult protective services office stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
When we accept your power of attorney, we may pay any funds deposited in your Account to your agent
or upon the order of your agent. Conversely, we may restrict the types or sizes of Transactions we
permit your agent to conduct. The authority of your agent to receive payments, transact on or otherwise make changes to your Account generally terminates with your death or incapacity, unless the document creating such agency provides, in accordance with applicable law, the agent’s powers continue in spite of your incapacity. We may continue to recognize the authority of your agent to act on your behalf without question until we receive written notice of revocation from you or notice of your death or incapacity and have had a reasonable time to act upon it. We will not be liable to you, your estate, your beneficiaries, or joint owners for any action by the Bank in reliance upon the authority granted to an agent in a power of attorney or in accordance with the instructions of the agent under authority granted by a power of attorney for any loss suffered or liability incurred as a result of actions taken before we receive written notice of the revocation, termination, or suspension of the agent’s authority in
the form required by statute.
10. Checks and Other Withdrawals
The Bank may refuse any Check or other Item drawn against your Account or used to withdraw funds from your Account if it is not on a form approved by the Bank. The Bank also reserves the right to refuse any Check or other Item drawn against your Account or used to withdraw funds from your Account if made in a manner not specifically authorized for your Account, if made more frequently or in a greater number than specifically permitted for your Account, or if made in an amount less than the minimum withdrawal or transfer specifically permitted for your Account. The Bank may refuse payment of any Check drawn on the Account other than a Check which has been purchased from or approved by the Bank. See Part III.19. The Bank has no obligation to accept or honor Items drawn on the Bank that are not commercially reasonable. To be commercially reasonable, among other things, an Item must be legible, properly made, capable of being microfilmed or machine reproduced, capable of being handled at a reasonable cost, and not written with disappearing or erasable script such as pencil. You agree to exercise reasonable care in safeguarding unissued Checks and will immediately notify the Bank if any of your Checks are lost or stolen.
11. Large Cash Withdrawals
The Bank may require reasonable advance notice for large cash withdrawals. We may also refuse to honor a request to withdraw funds in cash from your Account or to cash a Check (including a cashier’s Check or other official Item) if we believe the amount is unreasonably large or that honoring the request would cause the Bank an undue hardship or security risk. We are not responsible for ensuring your safety should you receive a significant amount of cash at your request.
12. Processing and Posting Orders
We receive credits, debits and holds throughout the day. Regardless of when during the day we receive Transactions for your Account, you agree that we may treat them as if we received all Transactions at the same time at the end of the Business Day. Because processing times vary, the time we receive notice of a Transaction may differ from the time shown on a receipt. The Bank may establish different categories for different types of debits, move debit types among categories, and determine posting orders within each category and among
categories. A category may include more than one type of debit. As an example, we may treat ATM withdrawals and debit card purchases as one category, and Checks as another category, and then process and post ATM withdrawals and debit card purchases before we process and post Checks. We may credit, authorize, accept, pay, certify, decline or return credits, debits and holds arriving to your Account on the same day in any order at our discretion. The Bank will pay Checks or other Items drawn upon your Account in any order determined by the Bank, even if paying a particular Check or 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.
It is the Bank’s usual practice to process and post debits within established categories, from the highest to lowest dollar amount, regardless of the order in which they occur or we receive them. This means, for example, that your $800 rent Check would typically be paid before a $100 grocery purchase, regardless of the time the Transactions are processed. It is important to note that this method may result in more Overdraft and/or Insufficient Item Fees. For example, if you have $500 in your Account at the start of the day and you make two payments of $150 and $100 in the morning and one payment of $450 in the afternoon, the larger Transaction will be posted first, resulting in two Overdrafts, and two overdraft charges, instead of one. You agree that we may determine in our discretion the orders in which we post Transactions to your Account. You agree that we may determine in our discretion the categories, the Transactions within a category, the order among categories, and the posting orders within a category. You agree that we may in our discretion make these changes at any time without notice to you.
13. Conditions on Placed Items
The Bank shall not be obligated to take notice of or honor any condition placed on Items by you or any person (such as “void after 90 days,” “not valid over $500,” or any Item bearing future date) other than the amount and payee. You are prohibited from placing such conditions on Items. The Bank may pay such Items without regard to such conditions and in doing so the Bank’s actions will constitute ordinary care.
14. Telephone Transfers
A transfer of funds from one of your Accounts to another Account at the Bank may be made by telephonic instructions given by the same person and under the same conditions that a written transfer request could be made. If you request a transfer into an Account on which you have no ownership or signature authority, subsequent to the transfer being made, you may not request the transfer be reversed.
15. Stop Payment Orders on Checks
You have the right to stop payment on any Check drawn on your Account that has not been paid or certified. You agree that the Bank will not be liable to you for making payment on a Check unless you notify the Bank of your intent to stop payment. Oral notice concerning stop payment lapses after fourteen (14) calendar days unless it is
confirmed in writing within that period. Written notice concerning stop payment is effective for six (6) months. In order to place a stop payment order, your notice must inform the Bank of the exact amount of the Item, the number of the Check, date, name of payee, the number of the Account and such other information pertaining to the Item as the Bank may require. The Bank will not be responsible if the information you give is not correct or if you fail to give any other reasonable information regarding the Item and the stop payment cannot be completed. The Bank is entitled to a reasonable period of time after you give a written stop order to notify its associates. If the Bank re-credits your Account after paying a Check over a valid and timely stop order, you agree to transfer 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 later on. If you want a written stop payment order to continue after six (6) months, you
must ask the Bank in writing to renew the order. Each renewal request is treated as a new order for a six-month period and must be in writing. A stop payment order and a release or cancellation of a stop order may be given by any person who is authorized to draw Checks against the Account and must be in writing. You agree to pay and hereby grant permission for the Bank to deduct from your Account a fee, to be published in the Other Services and Fees Insert, for processing each stop payment order. You agree to pay the fee even if the Bank, exercising reasonable diligence, is unable to process the order in time to avoid paying the Item. Refer to Part VIII.12 for your rights to stop payment on preauthorized transfers.
Stop payment orders on cashier’s Checks or certified Checks are not permitted. You may however assert a claim against a cashier’s Check or certified Check if it has been lost, destroyed or stolen. The Bank may act upon this claim if it is asserted in compliance with Uniform Commercial Code Section 3-3121 (Fla. Stat. § 673.3121) and ninety (90) days have elapsed since the date of the cashier’s Check or acceptance of the certified Check. The Bank will require you to complete a declaration of loss affidavit and provide an indemnity bond in favor of the Bank. Until the claim becomes enforceable, it has no legal effect and the Bank may pay the Check or, in the case of a teller’s Check, may permit the drawee to pay the Check. Payment by the Bank to a person entitled to enforce the Check discharges all liability with respect to the Check.
16. Stale and Post-Dated Items
Bank maintains the option either to pay or dishonor any stale Check [i.e., more than six (6) months old] upon presentation to the Bank. The Bank will not be liable for payments made in good faith on a Check more than six (6) months after its date. It is not recommended that you issue a post-dated Check (i.e., a Check bearing a date later than the actual calendar date) as a means of withdrawal. You agree that the Bank will not be liable to you for charging your Account before the indicated date on a properly payable but post-dated Check unless you notify the Bank that you have issued a post-dated Check and request a stop payment order effective until post-date. An oral stop payment notice concerning a post-dated Check lapses after fourteen (14) calendar days unless it is confirmed in writing within that period; written stop payment notice concerning a post-dated Check is effective for six (6) months. Renewals must be in writing and may be made from time to time. All stop payment notices involving Electronic Funds Transfers must be made in writing. A written stop payment notice concerning a post-dated Check, renewal or revocation will be valid upon delivery to the Bank. Your notice must inform the Bank of
the exact amount and date of the Item, the name of the payee and the number of the Check and the Account. The Bank will not be responsible 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 indicated date. The Bank is entitled to a reasonable period of time after you give us a stop payment notice concerning a post-dated Check to notify its associates. If the Bank re-credits your Account after paying a post- dated Check over a valid and timely notice, you agree to transfer 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 later on.
17. Automated Processing of Items
You recognize that the Bank has adopted automated collection and payment procedures so that we can process the greatest volume of Items at the lowest possible cost to all clients. These automated procedures rely 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 the drawer’s signature, the identity of the drawee bank, the amount of the Item, and any other information 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. You agree that we will have exercised ordinary care if we examine only certain Items above an amount specified by the Bank or according to any other criteria that we may establish in our discretion for inspection. You further agree that the automated processing of Checks is reasonable and 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 of the Item. In addition, you agree to reimburse the Bank for any loss or expense we incur because you issue or deposit an Item containing such extra information.
18. Electronic Check Conversion
Some Checks that you give to a merchant may be converted by the merchant into what are called ACH debit entries, in which case they will be collected electronically and charged against your Account much more quickly than a paper Check. This means that (i) you will have a reduced right to stop payment, (ii) you need to make sure that your Account has sufficient collected funds to cover the debit, and (iii) you will not receive an image of a cancelled Check with your monthly statement. If a merchant uses a blank Check to initiate an ACH debit entry at the point of sale (“POS”), the merchant should return the voided Check to you. You should treat the voided Check with care because someone else who obtains possession of it could use the information to initiate additional debits against your Account. A merchant who receives the Check by mail should give you notice of the conversion but will destroy the original Check. You may refuse the conversion by informing the merchant of your desire to opt out of this service. Whether a Check is converted to an ACH debit at the POS or at the payment processing center, a description of the Transaction will appear on your monthly statement from the Bank. Refer to Part VII and Part VIII for more information regarding Electronic Funds Transfers.
19. Faulty Check Stock
Checks you write may be converted into electronic images (truncated) during the Check collection and return process. Refer to Part X: Substitute Checks and Your Rights. If you elect to have your Checks printed by a vendor that has not been approved by the Bank, or you use Check stock or features (e.g., security features) that cause critical data to disappear or be obscured upon truncation, or you make your Check out in a way (e.g., using lightly colored ink) that causes critical data to disappear upon truncation, you agree to bear the risk of loss. You also agree to bear the risk of loss if you use Check stock that contains printing inaccuracies, faulty magnetic ink, faulty encoding or duplicate serial numbers. The Bank may charge fees to process Checks (or deposit slips) that are not machine readable due to faulty stock. Refer to Part III.10 for more information regarding the Bank’s ability to refuse any Check or other Item drawn against your Account or used to withdraw funds from your Account on a form that has not been approved by the Bank.
20. Reclassification of Funds
The Bank may perform a periodic reclassification of the funds in interest-bearing Checking Accounts and business/commercial and personal non-interest bearing Checking Accounts between two types of internal sub-accounts. For interest Checking Accounts, this change may result in a periodic allocation of funds between an interest Checking sub-account and a savings sub-account. For business/commercial and personal non-interest bearing Checking Accounts, this change may result in a periodic allocation of funds between a transaction
sub-account and a non-interest bearing savings sub-account. The savings sub- account will be subject to the terms and conditions of the Bank’s other Savings Accounts. This change is made entirely for internal reasons and will not affect your bank statement, balance, interest calculations, Annual Percentage Yield, FDIC insurance or any other features of your Account including the number of allowed Transactions.
21. Setoff and Security Interest
If you ever owe the Bank money as a borrower, principal, endorser, guarantor, owner of a charged off Deposit Account or otherwise, the Bank has the right under the law (called “setoff”) to use the money from your Account to pay the debt. In addition, you hereby assign and grant to the Bank a security interest in all Accounts as security for your obligations to the Bank existing now or in the future. The security interest granted by this Agreement is consensual and is in addition to the Bank’s right of setoff. The Bank reserves the right of setoff against any of your Accounts without prior notice to you, and without any other formality, to repay any debt or obligation owed to us by you or any co-owner of your Account as borrower, principal, endorser, guarantor, or otherwise. The Bank may exercise its right of setoff or security interest even if withdrawal results in an interest penalty or dishonor of Checks. The Bank’s right to setoff does not apply to your Account where the debtor’s right of withdrawal arises only in a representative capacity (e.g. power of attorney or Authorized Signer). You agree that the Bank will not be
responsible for dishonoring Items presented against your Account when the exercise of our right of setoff or security interest results in insufficient funds in your Account to cover the Items.
If your Account is an individual account, our right of setoff may be exercised to repay your debts, whether they are owed by you individually or jointly with others. In the case of a partnership or joint account, each partner or joint owner agrees that the Bank may use the money in the Account to satisfy any one of their individual obligations. Similarly, each partner or joint owner agrees that the Bank may use the money in their individual accounts to satisfy obligations in the joint account or partnership account. In the case of a sole proprietor, the Bank may use the money in any of your personal or business/commercial accounts.
Failure of the Bank to exercise its right of setoff as provided herein on any occasion when the right arises does not affect the Bank’s right to exercise its right of setoff at a later time for the same occurrence or for any subsequent occurrence. Certain federal or state laws may be interpreted to protect funds received from federal or state agencies from setoff. You agree that our right of setoff applies to all funds deposited into your Account, including funds received from the Social Security Administration and other federal or state agencies. By continuing to deposit these funds into your Account you agree to allow the Bank to exercise its right of setoff against these funds, and not to assert any claim or defense that these deposits are exempt from setoff based on any federal or state law, rule, or regulation. You further agree that the Bank reserves the right to pay Items into Overdraft, to impose overdraft fees, and to apply any later deposits (including direct deposits of social security or other government benefits) to those Overdrafts or overdraft fees, by way of setoff.
This section does not limit or reduce the Bank’s rights under applicable law to charge or setoff funds in your Accounts where the right of setoff is available.
22. Right to Close or Freeze Account
The Bank may close your Account at any time after giving reasonable notice to you of its intention to do so and charge a nominal closing fee (to the extent permitted by law). You agree that notice of closure of your Account by the Bank will be reasonable if it is mailed to you at the current mailing address on your Account as designated by you pursuant to Part V of this Agreement at least ten (10) days prior to the date set for closure of the Account. After the closing date as shown on the notice, the Bank will not be liable for dishonoring any Item drawn on such Account when presented for payment. Upon the closing of the Account, the Bank may, but is not required to, mail
you a Check for the balance of the collected funds in the Account after deducting all applicable fees. The Check, if any, will be sent to you at the current mailing address on your Account as designated by you pursuant to Part V of this Agreement, without liability for safe delivery. If the Account is a joint account, a notice and a Check, if any, may be sent to any joint owner to whom the Bank elects to send it.
If at any time the Bank believes your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, the Bank may, in its discretion, freeze the funds in the Account and in other Accounts you maintain with us, or close the Account(s) without the Bank incurring any liability to you, until such time as we are able to complete our investigation of the Account and Transactions. If the Bank freezes your Account funds, we will provide notice to you as soon as reasonably possible. We may not provide this notice to you prior to freezing or closing the Account if we believe that such notice could result in a security risk to the Bank or to the owner of the funds in the Account. The Bank may close an Account that has had a zero balance for a period of thirty (30) consecutive days without notice to you. Any waiver by the Bank of its right to close an Account for cause shall not be a waiver of our right at a later time to close your Account for the same or similar reasons. This Agreement continues to govern matters related to your Account even after your Account is closed.
23. Your Right to Close Your Account
You agree to notify the Bank if you wish to close your Account and warrant all Items (Checks, Electronic Funds Transfers and deposits) have posted to the Account and are not outstanding. We may require written advance notice as permitted by law. The Bank will not be liable for dishonoring any Item presented or otherwise received after the Account is closed. If the Bank is not notified of your intent to close the Account, you remain obligated for service fees that the Account may incur until finally closed. The assessment of these fees may cause the Account to become overdrawn. Refer to Part IV for more information regarding overdrawn Accounts.
24. Legal Process Against Account
”Legal process” or “creditor process” includes a levy, writ of attachment, garnishment, tax withholding order, restraining order, injunction, subpoena, warrant, notice of lien, sequestration, or similar legal action or order issued by or on behalf of any court of competent jurisdiction, creditor, or other claimant. You authorize the Bank to comply with any Legal Process or creditor process it receives with respect to your Account and, if necessary, withhold payment from your Account until such controversy is finally adjudicated by a court of competent jurisdiction or the Bank is satisfied the dispute is resolved. We may accept and comply with Legal Process served
in person, by mail, by facsimile transmission, or by other means. We may, but are not required to, send a notice to you of the Legal Process.
You will continue to have use of and we will make payments from the funds in your Account(s) that are not in controversy. The Bank will not be responsible for any damages which depositor may suffer as a result of Bank’s refusal to allow withdrawals due to the dispute or demand. If your Account is attached, garnished, or otherwise subject to levy by lawful legal action, the Bank will not be liable to you for any sums we may be required to pay because of such attachment, garnishment or other levy, even if paying the money from your Account leaves insufficient funds to pay any subsequently presented Items.
If the Bank incurs any expenses, including without limitation, reasonable attorney fees, in responding to a Legal Process or creditor process that is not otherwise reimbursed, we may charge such expenses to your Account without prior notice to you. We may also charge your Account a fee for each Legal Process in the amount set forth in the Bank’s Other Services and Fees Insert. Any garnishment or other levy against your Account is subject to the Bank’s right of setoff and security interest as set forth in Part III.21. In addition, you agree to pay all expenses including reasonable attorneys’ fees involved in the collection of fees, charges, Overdrafts, or the
enforcement of any other rights of Bank in relation to your Account. Notwithstanding the foregoing, your obligation to pay expenses (including reasonable attorneys’ fees) in an arbitration shall be governed by Part XI of this Agreement, and the Bank shall not charge to your Account any expenses in connection with an arbitration unless and until such expenses (including reasonable attorneys’ fees) are granted to Bank in an arbitration award and all appeals of such award are concluded.
25. Other Adverse Claims
If the Bank receives notice of an actual or potential adverse claim to your Account or the funds in your Account, we may in our discretion refuse to pay out any money from your 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 your Account if we have received notice of an actual or potential claim, the Bank may be required to recognize an adverse claim if the claimant:
(1) procures a restraining order, injunction, or other appropriate process having specific application to the Bank issued by a court of competent jurisdiction in a cause instituted by the adverse claimant wherein the person to whose credit the deposit or fiduciary account stands is made a party and served with process; or
(2) obtains in favor of the Bank, in a form, amount, and with sureties acceptable to the Bank, a bond indemnifying the Bank from any and all liability (including liabilities for penalties), loss, damage, costs, and expenses should it act to give effect to the adverse claim, including the decision not to honor the Check or other order of the person to whose credit the deposit or fiduciary account stands on the books of the institution. Upon receipt of such bond, the Bank will hold the Account pending agreement between the claimant and the person to whose credit the deposit or fiduciary account stands on the books of the institution or pending receipt of a restraining order, injunction, or other process.
26. Death or Incompetence
You agree to notify us promptly if any owner or Authorized Signer on your Account dies or is declared incompetent by a court. The Bank’s authority to accept, pay, or collect an Item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either the payor or collecting bank existing at the time the Item is issued or its collection is undertaken if the Bank does not know
of an adjudication of incompetence. Neither a client’s death nor a legal adjudication of incompetence revokes the Bank’s authority to accept, pay or collect Items until the Bank knows of the fact of death or of an adjudication of incompetence and has a reasonable opportunity to act on it. Even with knowledge the Bank may, for ten (10) days after the date of death, pay checks drawn on or before the date of death unless ordered to stop payment by a person claiming an interest in the Account. When the Bank receives notice that an owner has died or been declared incompetent, we may place a Hold on Your Account and refuse to accept deposits or permit withdrawals. We may hold any funds in your Account until we know the identity of the successor. If a deposit – including salary, pension, Social Security and Supplemental Security Income (“SSI”) – payable to the deceased owner is credited to the Account after the date the deceased owner died, we may debit the Account for the deposit and return it to the payer.
27. Dormant Accounts and Abandoned or Unclaimed Property
Any Demand, Savings, or Matured Time Deposit Account, including deposits that are automatically renewable, is deemed to be dormant unless the owner, within the state-specific dormancy time period noted below, has: (i) increased or decreased its amount; (ii) communicated in writing with the Bank concerning the Account; (iii) indicated an interest in the Account as evidenced by a memorandum or other record on file; (iv) had another relationship with the Bank concerning which the owner has communicated in writing with the Bank or has otherwise indicated an interest as evidenced by a memorandum or other record on file. A nonrefundable service charge may be imposed on dormant accounts unless prohibited by applicable laws and regulations. For dormancy time period and service charge purposes, the applicable state law is generally the state where the account was
opened or is currently being serviced.
|Dormancy Time Period|
|Checking and Money Market Accounts||one (1) year|
|Savings and Club Accounts||two (2) years|
|Matured Time Deposit Accounts||two (2) years after first maturity|
|Checking and Money Market Accounts||one (1) year|
|Savings and Club Accounts||two (2) years|
|Matured Time Deposit Accounts||two (2) years after first maturity|
|Checking Accounts||one (1) year|
|Savings, Money Market and Club Accounts||five (5) years|
|Matured Time Deposit Accounts||five (5) years after first maturity|
Funds in dormant accounts may also be transferred to the state as abandoned or unclaimed property according to the applicable state law. This transfer is known as “escheat.” For escheatment purposes, the applicable state law is the state generally listed in the current mailing address on your Account as designated by you pursuant to Part V of this Agreement. The Bank will attempt to make contact with you in writing before your abandoned or unclaimed Account is transferred. The Bank will send a notice to the current mailing address on your Account as
designated by you pursuant to Part V of this Agreement. The Bank may not send this notice if mail previously sent
to this address is returned. After the funds are transferred to the state, the Bank has no further liability to you for the funds and you must apply to the appropriate state agency to reclaim your funds.
28. Transfer of Ownership
Although Checks drawn on your Account are negotiable, the Account itself is not. Accounts are not transferable except on the Bank’s books and records. In order to transfer title or pledge the Account as collateral for a loan from someone other than the Bank, a written request must be provided on a form approved by the Bank. If ownership is to be transferred, the Bank may require that the Account be closed and a new Account opened. Any pledge of the Account to a third party remains subject to the Bank’s right of setoff and security interest as set forth in Part III.21.
29. Service Fees
You agree to pay any service fees that apply to your Account as set forth in the Bank’s Products and Services Brochure, Disclosures Insert, and Other Services and Fees Insert which have been provided to you. Service fees may include but are not limited to: charges for Check printing, Check writing, stop payment orders, notices of post-dated Items, collection services, official Checks, statements and copies of documents, wire and other bank transfers, money orders, cashier’s checks, dormant accounts, Legal Processes fees, closing fees, Overdrafts, and Insufficient Item Fees. The fees may vary from state to state or between regions within a state. Any fees may be deducted from your Account regardless of your Available Balance and without prior notice to you, even if the
deduction of fees will result in an Overdraft of your Account. The Bank will not be liable for dishonoring Checks or other withdrawal orders because of insufficient funds resulting from proper deduction of fees. A schedule of the Bank’s current fees is given to you when you open an Account and is available at the Bank’s banking offices and website as listed at the end of this Agreement. Service fees are subject to change from time to time in the Bank’s discretion. Notice of any such changes will be sent to you at the current mailing address designated by you pursuant to Part V of this Agreement. A reasonable period of time will be given before any changes in fees become effective.
30. Cashing Your Checks for Non-Clients
If you issue a Check drawn on the Bank and a non-client of the Bank seeks to cash it at the Bank, the Bank may require identification satisfactory to us and impose additional requirements, such as requiring their fingerprint or limiting the locations where we will pay the Check in cash. The Bank reserves the right to charge a service fee to a non-client as a condition of cashing the Check.
31. Preauthorized Fund Transfers
If you voluntarily give information about your Deposit Account (such as the Bank’s routing number and your Account number) to a party who is seeking to sell you property or services, and you do not physically deliver a Check to such party, any debit to your Account initiated by the party to whom you gave the information is deemed authorized. If you wish stop payment on the draft, you must revoke your authorization by giving notice to the party. You may also request a stop-payment order as described in Part VIII.12, below.
32. Unlawful Internet Gambling
In accordance with the requirements of the Unlawful Internet Gambling Enforcement Act of 2006 and Federal Reserve Bank Regulation GG, the Bank prohibits restricted Transactions from being processed through a commercial account or relationship with the Bank. “Restricted Transactions” are Transactions in which you accept credit, funds, instruments, or other proceeds from another person or entity in connection with unlawful Internet gambling. You agree to indemnify us from every action, proceeding, claim, loss, cost and expense (including attorney’s fees) suffered or incurred by us due to your engagement in a Restricted Transaction as defined herein.
We may in our discretion retain records in any form including, without limit, paper, film, fiche, digitalized or other electronic medium. If we are not able to produce the original or a copy of your signature card or any other document relating to your Account or service, our records (including our electronic records) will be deemed conclusive. If there is a discrepancy between your records and our records, our records will be deemed conclusive.
34. Disclosure of Information
Subject to applicable law, we will disclose information to third parties about you and your Accounts or the transfers you make: (i) where it is necessary for completing transfers; (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) as otherwise required or permitted by law or government regulation; (v) if you give us permission; and (vi) as stated in the Capital City Bank Group Privacy Notice.
PART IV. INSUFFICIENT FUNDS – OVERDRAFTS, INSUFFICIENT AND DECLINED ITEMS
You can avoid fees for Overdrafts and declined or insufficient Items by making sure that your Account always contains sufficient available funds to cover all of your Transactions. The Bank offers services that you can use to help you manage your Account and help you avoid Overdrafts, such as online banking and online alerts. We recommend you consider enrolling in one of the optional Overdraft Protection Services described below. These services can help you avoid Overdrafts and declined or insufficient Items. While fees apply when you use an Overdraft Protection Service, the fees under the services may be less expensive than the fees for Overdrafts and declined or insufficient Items.
1. Overdraft Protection Services
The Bank offers clients overdraft protection coverage to avoid embarrassment and problems associated with Overdrafts and insufficient or declined Items. A fee applies for each daily transfer or draw. Refer to the Bank’s Overdraft Protection Brochure for full details. All credit products are subject to credit approval.
- Transfer from a linked Checking or Savings Account
- Advance from a linked Consumer line of credit
- Advance from a linked home equity line of credit
2. Insufficient Funds, Overdrafts, and Related Fees
Checks or other Items drawn against insufficient funds in your Account may be subject to the Bank’s Insufficient Item Fee as set forth in our Other Services and Fees Insert. The Bank may determine whether or not your Account contains sufficient funds to pay a Check or other Item at any time between the time the Check or
other Item is received by the Bank and the Bank’s return deadline, and only one determination of the account balance is required. If that determination reveals insufficient funds to pay the Check or other Item, the Bank will not be required to honor the Check or other Item and may return it. Alternatively, the Bank may honor the Check or other Item and create an Overdraft for which you will be subject to the Bank’s current Overdraft Item Fee as set forth in our Other Services and Fees Insert. Insufficient Item Fees and Overdraft Item Fees apply to both Checking and Savings Accounts. Fees apply to Overdraft Items or insufficient Items created by Check,
in-person withdrawal or electronic withdrawal (ATM, debit card, ACH, etc.), as applicable.
Business/commercial accounts are subject to continuous overdraft fees as discussed in Section 4,
below, in the amount set forth in our Other Services and Fees Insert.
For Consumer/personal accounts, please see Section 5 of this Part below for more information regarding Capital City Bank’s Bounce Protection Overdraft Privilege Program and your ability to authorize and receive ATM and debit card overdraft coverage.
The fee charged for paying Items will not exceed the fee charged for returning Items. However, the honoring of one or more Overdrafts does not obligate the Bank to honor any future Overdrafts, and you should not rely on the Bank to honor an Overdraft. Moreover, the Bank is not required to send you prior notice on Checks returned for insufficient funds. You agree to deposit sufficient funds to cover the Overdraft and any service fees upon notice of the Overdraft, and to reimburse the Bank for any costs we incur in collecting the Overdraft from you including, without limitation, reasonable attorneys’ fees and the costs of litigation to the extent permitted by law.
We determine the order in which we process and post deposits and other credits and Checks and other Items to your Account. We may pay or authorize some Items, and decline or return others, in any order we deem appropriate. This may result in more Insufficient Item Fees, Overdraft Item Fees, or returned Items. You agree that we may determine in our discretion the order in which we post Transactions to your Account. Please review
Part III.12 for more information on the Bank’s policy for processing and posting orders.
3. Consumer Account Fee Structure
An Overdraft Item Fee will be charged each time an Item is paid that leaves the account balance overdrawn by more than $5.00. No more than six (6) Overdraft Item Fees will be charged in one Business Day to any Consumer account. Additionally, no Overdraft Item Fees will be assessed for everyday debit card transactions or ATM
Transactions that cause your Account to go overdrawn when you have not asked us or “opted in” for these Transactions to be paid. An Insufficient Item Fee will be charged each time an Item is returned due to insufficient funds in your Account. Items returned unpaid due to insufficient funds may result in unlimited Insufficient Item fees.
4. Business/Commercial Account Fee Structure
An Overdraft Item Fee will be charged each time an Item is paid that leaves your Account balance overdrawn by more than $5.00. An Insufficient Item Fee will be charged each time an Item is returned due to insufficient funds in your Account. Items paid resulting in an overdrawn account and Items returned unpaid due to insufficient funds may result in unlimited Overdraft and Insufficient Item Fees. The Commercial Account Continuous Overdraft Fee applies to business/commercial, non-Consumer accounts and is assessed each Business Day, beginning on the
sixth consecutive Business Day the Account is overdrawn $10 or more. You can avoid this fee by promptly covering your Overdraft – deposit or transfer enough available funds to cover your Overdraft, plus any fees we assessed, within the first five (5) consecutive Business Days your Account is overdrawn.
5. Bounce ProtectionSM and Bounce ProtectionSM for Business Overdraft Privilege Programs
The Bank does not encourage Overdrafts. We encourage you to manage your finances responsibly and we are not obligated to pay any Item presented for payment if your Account does not contain sufficient funds. We offer two Overdraft privilege programs, Bounce ProtectionSM for certain Consumer/personal accounts and Bounce ProtectionSM for Business for certain business/commercial accounts, (collectively “Bounce ProtectionSM”) to guard against unanticipated cash flow emergencies and account reconciliation errors. Bounce ProtectionSM offers an Overdraft privilege limit that requires no action on your part. Your Overdraft privilege amount/limit (your Bounce ProtectionSM limit) will be automatically assigned to your Account after it has become eligible for the program.
However, for Consumer/personal accounts only, Bounce ProtectionSM does not cover ATM transfers or
withdrawals and everyday debit card purchases unless you expressly request or “opt in” to their coverage. By opting in to this additional Bounce ProtectionSM coverage, you authorize Capital City Bank to authorize and pay ATM and everyday (non-recurring) debit card transactions that may cause your Account’s Available Balance to become negative. If you do not opt-in to our extended Bounce ProtectionSM coverage, we will not authorize payment of an ATM or everyday (non-recurring) debit card transaction that could result in an Overdraft status. In limited circumstances, your ATM or every day debit card transaction may be processed and your Account results in a negative Available Balance, even if you have not opted-in to Overdraft coverage for these Transactions. These situations may include, but are not limited to debit card transactions that post that are processed by the merchant when the merchant does not first obtain an authorization from Capital City Bank. If this situation occurs, you will not be charged an Overdraft Item Fee for paying the Transaction if you have not elected to “opt-in” to this extended coverage. If you wish to change your Account election, contact a Bank associate for assistance at your closest Capital City Bank office or by mail, phone, or website as listed at the end of this Agreement. Please be aware it may take up to five (5) Business Days to implement your request.
There are no costs to enroll in Bounce ProtectionSM or Bounce ProtectionSM for Business and you pay for the program only when you use the service. The fees related to Bounce ProtectionSM or Bounce ProtectionSM for Business are set forth in our Other Services and Fees Insert. You may opt out of the privilege at any time, but you are responsible for any overdrawn balances at the time of opting out. We may refuse to pay an Overdraft for you at any time, even though we may have previously paid Overdrafts for you. Refer to our Bounce ProtectionSM Brochure for full details of the program.
6. Overdrawn Accounts and Forced Closure/Charge Off
You agree to deposit sufficient funds to cover any Overdraft and any service fees upon notice of an Overdraft, and to reimburse the Bank for any costs we incur in collecting the Overdraft from you including, without limitation, reasonable attorneys’ fees and the costs of litigation to the extent permitted by law. Failure to deposit sufficient funds to cover an Overdraft may result in the Bank’s forced closure of the Account, also known as charge off. If your Account is closed for unsatisfactory handling, the Bank is permitted to report all Account owners to reporting agencies, as governed by the Fair Credit Reporting Act. The Bank has the right to legally collect the full amount of the charged off balance for the applicable period of time as permitted by state law.
PART V. NOTICES, STATEMENTS AND OTHER COMMUNICATIONS
1. General Terms for Notices, Statements, and Other Communications
Any written notice the Bank gives you is effective three (3) business days after it is mailed to you at your statement mailing address; or if you have elected to receive electronic statements and notices, when it has been
successfully transmitted to your online banking service. Notice to any one owner of an Account is notice to all owners of that Account and is effective for all Account holders. You agree we may provide communications in English. Many communications will be notices of change affecting your rights and obligations. We are not responsible for notices, statements, or other communications, or for any Checks or other accompanying Items, lost while not in our possession.
- address communications to one Account owner;
- destroy communications that are sent to you and returned to us as being undeliverable, along with any accompanying Checks and other Items;
- authorize the Post Office or an agent to destroy communications, along with accompanying Checks and other Items, that the Post Office informs us are undeliverable; and
- stop sending communications to you until a new address is provided to us if one or more communications that we mail to you are returned to us as being undeliverable.
Each Account owner agrees that statements and notices that we make available to one owner or agent/signer of an Account are deemed the same as providing statements and notices to all owners of an Account. If you have elected to receive electronic statements, you agree that the transmission of statements to your online banking service constitutes delivery to all owners of an Account. You agree to designate a primary address and/or primary e-mail address for purposes of receiving statement notices and other Account correspondence. Each Account owner agrees that we may send any legal notice or Legal Process affecting any owner of the Account to the primary address designated on the Account, or if such address is undeliverable, to any other address on record for the Account owner or any related Accounts. Each Account owner agrees to notify the other owners of any legal notice received at that address pertaining to such other Account owner or to the Account.
Your Account may be eligible for enrollment in the Bank’s e-Document service which allows you to electronically receive certain notices, statements, disclosures, promotional materials, and/or newsletters via your Capital City Bank online banking service that would otherwise be delivered to you by mail as a paper document. Please refer to the Capital City Bank Online Terms and Conditions Agreement for additional information related to this service.
3. Change of Address
The Bank will send notices, statements and other communications regarding your Account to you at the most recent electronic or mailing address we have in our records for your Account. You agree to notify the Bank in writing immediately of any change in your electronic or mailing address. If the United States Post Office or one of its agents informs the Bank that your address has changed, we may change your address on our records to an address specified by the Post Office and we may send notices, statements and other communications regarding your Account to that new address.
We provide you with a single statement when there is activity on your Checking or Savings Account. When there is no activity on your Account, we may choose not to provide a statement. You may generally obtain an additional copy of your statement for a fee. We recommend you use our online banking e-Document service and receive your statements electronically.
- For Checking and money market accounts, we will provide you with a monthly statement. Statement cycles generally vary from twenty-eight (28) to thirty-three (33) days and may end on different days during the month. A statement cycle can be shorter than monthly.
- For Savings and Club Accounts, we provide you with a quarterly statement.
If you have an Electronic Funds Transfer (such as a direct deposit or an ATM withdrawal) to or from your Account during any month, we provide a statement for that month.
- For Certificate of Deposit accounts, we do not provide statements, unless requested to be combined with a linked Deposit Account type for which we provide statements.
- For analyzed business/commercial Checking Accounts, we provide an additional monthly account analysis statement. This statement includes balance and float information, quantity of services used during the period, fees and charges for these services and the earnings allowance, if any.
- For combined statements, we will provide a single statement that reports activity for all accounts linked for this service, instead of separate statements for each Linked Account. The primary Linked Account will determine the statement frequency – monthly when the primary Linked Account is a Checking or money market account or quarterly when the primary Linked Account is a Savings or Club Account. Accounts with at least one common owner may be linked and reported on a combined statement. When Accounts are reported on a combined statement, you understand and agree that each owner and each signer of any Linked Account can review information about all Linked Accounts. You should not link Accounts for combined statement service that you do not want others to see.
- Unless you have enrolled in our online banking e-Document service, statements will be mailed by the Bank to the most recent address the Bank has on file for at least one of the depositors. If you have elected to receive electronic statements, they will be transmitted to your online banking service and you will be notified when they are available by e-mail to the most recent e-mail address the Bank has on file associated with your online banking service. You should carefully examine the statement and cancelled Checks when you receive them. If you feel there is an error on the statement, or that some unauthorized person has withdrawn funds from the Account, the Bank should be notified immediately. You agree to review your Account statements within thirty (30) days from the statement date. See Part III.8 for further information regarding your duty to review your Account statements.
5. Check Image and Safekeeping Services
For all Accounts we maintain an electronic image of your Checks, which are available to you through your online banking services or provided to you within a reasonable time after your written request that sufficiently identifies the Checks requested. In addition, we report on your statement information about canceled Checks (Check number, amount and date posted) that posted to your Account during the statement cycle. Based on the type of Account or upon request, we will provide with your statement an image of the front (and back if requested) of each of your canceled Checks that we post to your Account during the statement cycle. We print images of your Checks up to twelve (12) images on a page. We do not return your canceled Checks. Checks are deemed to be made available to you at the same time your statement is made available. To receive Check images with your statement you may be required to enroll in our Check image service. We may charge a fee for this service as
set forth in the Bank’s Other Services and Fees Insert.
6. Check Copies
We do not return your canceled Checks with your statement. The Bank generally keeps a digital image of each Check we post to your Account for seven (7) years from the date the Check posts to your Account. We have no obligation to retain the original Check. If a copy is unavailable or of poor quality, we are not liable to you for any claim, cost, loss or damage of any kind. After seven (7) years, we may destroy the copies. Check image copies will be provided to you within a reasonable time after 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. Refer to Part VII and Part VIII for special rules regarding Electronic Funds Transfers.
PART VI. REPORTING PROBLEMS WITH NON-ELECTRONIC FUNDS TRANSFERS
If you find that your records and ours disagree, if you suspect any problem or unauthorized Transaction on your Account or you do not receive a statement when expected, contact our Client Service Center immediately at 888.671.0400. If you fail to notify us in a timely manner, your rights may be limited. This section does not apply to Electronic Funds Transfers that are subject to Regulation E. Refer to Part VII and Part VIII.
1. What Are Problems and Unauthorized Transactions?
Problems and unauthorized Transactions include suspected fraud; missing deposits; missing, stolen, or unauthorized Checks or other withdrawal orders; Checks or other withdrawal orders bearing an unauthorized signature, Endorsement or alteration; illegible images; encoding errors made by you or us; and counterfeit Checks. This is not a complete list.
2. Report Promptly
Your review of your statements, Checks and other Items is one of the best ways to help prevent the wrongful use of your Account. You agree:
- to complete this review as soon as your statement is made available to you;
- to report any problems or unauthorized Transactions as soon as possible;
- that thirty (30) days after we send a statement and any accompanying Items (or otherwise make them available) is the maximum reasonable amount of time for you to review your statement or Items and report any problem or unauthorized Transaction therein. There are exceptions to this 30-day period. For forged, unauthorized or missing Endorsements, you must notify us within the period specified by the state law applicable to your Account. For Substitute Checks, refer to Part X. For Electronic Funds Transfers that are subject to Regulation E, refer to Part VII and Part VIII.
- that if you choose not to receive your statements, you remain responsible to review and report any errors within thirty (30) days from the statement date;
- that if you are absent from your Account mailing address, you are responsible to make arrangements to have your statements reviewed for errors and report them in a timely manner.
3. Written Confirmation and Other Assistance
If you report to us that an unauthorized Transaction has occurred on your Account, we may require you to confirm your report in writing. We may also require that you give us a statement, under penalty of perjury, about the facts and circumstances relating to your report and provide such other information and proof as we may reasonably request. If you assert a claim regarding a problem, you must cooperate with us in the investigation and prosecution of your claim and any attempt to recover funds. You also agree to assist us in identifying and in seeking criminal and civil penalties against the person responsible. You must file reports and complaints with appropriate law enforcement authorities. If you fail or refuse to do these things, we will consider your failure or refusal to be your ratification of the defect in the statement or Item, unauthorized Transaction, or other problem and your agreement that we can charge the full amount to your Account. Special policies and procedures apply
to unauthorized Electronic Funds Transfers that are subject to Regulation E – refer to Part VII and Part VIII.
4. Our Investigation and Maximum Liability
We may take a reasonable period of time to investigate the facts and circumstances surrounding any claimed loss. Except as provided by federal and state regulations, we do not have to provisionally credit your Account while we investigate any claimed loss. You agree to be liable to the Bank for any costs or expenses, including reasonable attorneys’ fees, to the extent permitted by law, that the Bank incurs as a result of any dispute involving your Account and you authorize the Bank to deduct any such costs or expenses from your Account without prior notice to you. This obligation includes disputes between you and the Bank involving the Account and situations where the Bank becomes involved in disputes between you and an Authorized Signer, another joint owner, or a third party claiming an interest in the Account. It also includes situations where you, an Authorized Signer, another joint owner, or a third party takes action with respect to the Account that causes the Bank, in good faith, to seek the advice of counsel, whether or not the Bank actually becomes involved in a dispute.
Our maximum liability is the lesser of your actual damages proved or the amount of the missing deposit or the forgery, alteration or other authorized withdrawal, reduced in all cases by the amount of the loss that could have been avoided by your use of ordinary care. We are not liable to you for special or consequential losses or damages of any kind, including loss of profits and opportunity or for attorneys’ fees incurred by you. These limitations on liability shall apply to any and all claims asserted against Capital City Bank and its agents and employees, including claims for negligence and/or gross negligence to the full extent permitted by applicable law. Special policies and procedures apply to unauthorized Electronic Funds Transfers that are subject to Regulation E – refer to Part VII and Part VIII.
5. Opening a New Account
If you or we suspect that your Account is or may be compromised, we may recommend that you close your Account and open a new Account. If we recommend that you close your Account and you do not do so, we are not liable to you for subsequent losses or damages on the Account due to unauthorized Transactions. When you open a new Account, you are responsible for notifying any third parties that need to know your new Account number.
PART VII. FUNDS TRANSFER SERVICES
The following provisions apply to all funds transfers you send or receive through us, including ACH credits and wire transfers, unless such transfers are otherwise subject to the Electronic Funds Transfer Act as implemented by Regulation E. Refer to Part VIII.
The Uniform Commercial Code includes provisions relating to funds transfers. These provisions define the following terms: funds transfer, payment order and beneficiary. These terms are used here as they are defined in the Uniform Commercial Code and “funds transfers” as adopted by the state whose law applies to the account for which the funds transfer service is provided. In general: A funds transfer is the process of carrying out payment orders that lead to paying a beneficiary. The payment order is the set of instructions given to us to transfer funds. The beneficiary is the person or business who receives the payment.
Unless we have entered into a specific written agreement with you that provides otherwise, payment orders you give to us for the transfer of funds out of the Account by wire transfer or otherwise, and payment orders we receive for the transfer of funds into the Account, will be governed by this Part. In addition your rights and obligations with respect to a payment order, and our rights and obligations, will be governed by (a) any separate written agreement with us; then (b) this Agreement; and then, to the extent not specified in a separate written agreement or this Agreement; (c) by Article 4A of the Uniform Commercial Code as enacted in the state in which you have your Account with us.
You agree the Bank is not liable to you or any other party for funds transfers that you initiate
which are frozen, sequestered or delayed due to the operation of federal law.
1. Cutoff Times for Funds Transfers
We have cutoff times for processing funds transfers which differ depending on whether the transfer is domestic or international. To verify current cutoff times, contact a Bank associate at your closest Capital City Bank office, or by mail, phone, or website as listed at the end of this Agreement. We may treat funds transfers we receive after a cutoff time as if received the next Business Day.
2. Amending or Canceling Funds Transfers
You may not amend or cancel a funds transfer after we receive it. If you ask us to do this, we may make a reasonable effort to act on your request. But we are not liable to you if, for any reason, a funds transfer is not amended or canceled. You agree to reimburse us for any costs, losses, or damages that we incur in connection with your request to amend or cancel a payment order.
3. Inconsistency of Name or Number
The beneficiary’s bank may make payment to the beneficiary based solely on the Account or other identifying number, even if the name on the payment order differs from the name on the Account. We or an intermediary bank may send a funds transfer to an intermediary bank or beneficiary’s bank based solely on the bank identifying number, even if the payment order indicates a different bank name.
4. Sending Funds Transfer
We may select any intermediary bank, funds transfer system or means of transmittal to send your funds transfer. Our selection may differ from that indicated in your instructions. If an outgoing payment order in a foreign currency cannot be completed, the exchange rate that will apply to any refund due you will be the exchange rate in effect at the time on the day the refund is made. Additional fees may be deducted from a payment order amount by other banks involved in the funds transfer process.
5. Right to Refuse Acceptance of Payment Orders
We reserve the right to refuse to accept any payment order. Payment orders are accepted when they are executed by us. We may process any payment order request (as well as any amendment or cancellation request concerning a payment order) that we believe is transmitted or authorized by you if we act in compliance with a security procedure agreed upon by you and us. Such payment orders will be deemed effective as if made by you, and you will be obligated to pay us in the amount of such orders, even though they are not transmitted or authorized by you. Unless we agree on another security procedure, you agree that we may confirm the authenticity and content of a payment order (among other ways) by placing a telephone call to you. If we cannot reach you, or if the payment order is not confirmed or approved in the manner we require, we may refuse to execute the payment order.
6. Notice of Rejection
We may notify you of any rejection orally, electronically, or in writing. If we send written notices by mail, we do so by the end of the next Business Day. We are not
liable to you for the rejection or obligated to pay you interest for the period before
you receive timely notice of rejection.
7. Errors or Questions About Your Funds Transfers
We notify you about certain funds transfers by listing them on your Account statement. In some cases, we also may notify you in writing or electronically. You must notify us at once if you think a funds transfer shown on your statement or notice is incorrect. You must send us written notice, including a statement of relevant facts, no later than fourteen (14) days after the date you receive the first notice or statement on which the problem or error appears. If you fail to notify us within this 14-day period, we are not liable for any loss of interest because of an unauthorized or erroneous debit or because your statement or notice is incorrect. We are not required to compensate you, and we are not required to credit or adjust your Account for any loss of interest or interest equivalent.
8. Receiving Funds Transfers
We may receive instructions to pay funds to your Account. We may receive funds transfers directly from the sender, through a funds transfer system, or through some other communications system. This includes wire transfers, ACH transfers that may be sent through an ACH system or processed directly to an Account with us, and transfers between Capital City Bank Accounts.
9. ACH Provisional Payment Rule
Under ACH rules, funds transfers sent through an ACH are provisional and may be revoked prior to final settlement. You agree to these rules. If the funds transfer is revoked before final settlement, we may charge your Account for the amount credited. The person who sent the payment order is considered not to have paid
you. If this happens, we do not send a separate notice; we report the information on your Account statement.
10. Notice of Funds Transfer
We notify you that we have received funds transfers by listing them on your Account statement. We send statements by mail or electronically through your online banking service. We are not obligated to send you a separate notice of each incoming funds transfer. While we generally do not provide such separate notices,
we may do so on occasion, in which case we send the notice within two (2) Business Days after we credit your Account. We are not obligated to pay you interest for the period before you receive notice. If you are expecting a funds transfer and want to find out if it has been credited to your Account, contact a Bank associate for assistance at your closest Capital City Bank office, or by mail, phone, or website as listed at the end of this Agreement.
11. ACH Debits and Credits
From time to time, originators that you authorize may send ACH credits or debits for your Account. For each ACH Transaction, you agree that the Transaction is subject to the operating rules promulgated by “NACHA: The Electronic Payments Association” (formerly the National Automated Clearing House Association) and any local ACH operating rules then in effect. You agree that we may rely on the representations and warranties contained in these operating rules and either credit or debit your Account, as instructed by the originator of the ACH Transaction. You agree that by complying with these operating rules the Bank is acting with reasonable care.
This provision applies to all ACH transfers whether involving business/commercial or Consumer/personal accounts. You should be careful about giving someone your Account number to help prevent unauthorized Transactions on your Account. You must notify us immediately of unauthorized activity.
12. Return of ACH Deposit
If the Bank is required to reimburse the U.S. Government 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 U.S. Government 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. See Part III.21.
13. Foreign Wires and Remittance Transfers
Electronic funds transfers sent outside of the United States that are initiated by Consumers primarily for personal, family or household purposes (“Remittance Transfers”) are governed by federal law under Regulation E. Your rights with respect to Remittance Transfers may vary in certain ways from the terms and conditions set forth herein. Your rights with respect to Remittance Transfers, including disclosure, error resolution, and
cancellation rights will be explained to you with each Remittance Transfer Transaction you
initiate, either orally or in writing.
PART VIII. SPECIAL RULES GOVERNING ELECTRONIC FUNDS TRANSFERS, DEBIT CARDS AND ATM CARDS
Electronic fund transfers include, but are not limited to, debit card and ATM Transactions, direct deposits and pre-authorized payments, telephone transfers; transfers initiated through a personal computer, transfers initiated through a “mobile wallet” (includes Transactions initiated through a smart phone, PDA or other mobile device), and transfers initiated electronically by using information from a Check (for example, an Electronic Check Conversion).
1. Business/Commercial Deposit Accounts
Business/commercial Deposit Accounts are Accounts that are established primarily for business purposes as more accurately defined in Part II.7, above. When you open one of our business/commercial accounts, you make the election on your signature card and represent and agree that you are establishing the Account primarily
for business purposes. Sections 2 through 14, below, generally do not apply to business/commercial Deposit Accounts; however, we may, but are not required to, follow the error resolution procedures described below for business/commercial accounts. Please note that we are not required to follow these procedures for business/commercial accounts and may change our practice at any time without notice.
Only business/commercial account owners and/or Authorized Signers, have the authority to order an ATM or debit card, and request such card be issued to those employees who have signatory authority on the business/commercial account. You acknowledge that the Bank is providing such service to you as an accommodation party only and, except as otherwise provided by law, we are not responsible in any way for the manner in which the cards are utilized. You will provide an Inquiry ID Code to us to be used when you or your employees contact the Bank to order replacement cards, request the deletion of any lost or stolen cards, or for any other request as it pertains to the cards. You agree to keep this Inquiry ID code confidential and share with only those of your employees that you have authorized to have a card.
Only one of your business/commercial accounts may be linked to the cards issued to you and your employees. You agree that your authorization to issue the cards to your employees is also your authorization for these employees to access the business/commercial account linked to the cards. All cards must be signed immediately upon receipt by the appropriate cardholder whose name is embossed on the front of the card.
To the fullest extent permitted by applicable federal and state laws, you agree to be responsible for all unauthorized use of your card. You and your employees will take reasonable precautions to prevent unauthorized use of your cards, reasonable measures to prevent the unauthorized disclosure of your PIN(s), and measures to prevent the cards from being lost or stolen. You and your employees acknowledge that use of a PIN provides a commercially reasonable degree of protection against unauthorized use. You and your employees agree to cooperate in any investigation of the Transactions and attempts to recover the money. For business/commercial accounts with more than one signer or cardholder, the Bank will accept this report form any signer or cardholder. We reserve the right to block or cancel any or all signers or cardholders’ cards linked to the same Account. You agree that the maximum purchase and/or withdrawal limits (as detailed in Section 6 below) will also act as a security procedure. You further agree that the security measures provided in this Agreement are commercially reasonable security procedures.
Despite the foregoing, provided the Bank has not determined you have been grossly negligent, the following liabilities will apply to VISA transactions. For purposes of this Part VIII, a “VISA transaction” is a transfer initiated from your Checking Account through the use of a VISA debit card that is transmitted through the VISA interchange. If you tell the Bank within two (2) Business Days after you learn of the loss, theft, or unauthorized use of your debit card, you will have no liability for all unauthorized VISA transactions initiated with your debit card. If you do not tell the Bank within two (2) Business Days after you learn of the loss, theft, or unauthorized use of your debit card, you can lose up to $50.00 for all unauthorized VISA transactions.
2. Consumer’s Liability
To the fullest extent permitted by applicable federal and state laws, you agree to be responsible for all unauthorized use of your VISA debit card and/or automated teller machine ATM card except as otherwise expressly provided in this Agreement.
Tell the Bank at once if you believe your debit card, ATM card, or personal identification number (“PIN”) has been lost or stolen or if you believe that an Electronic Funds Transfer has been made using information from your Check without your permission. Telephoning is the best way of reducing your potential loss. You could lose all the money in your Account plus: (i) some or all of the money in any linked Checking or Savings Account; or (ii) some portion of your maximum overdraft line of credit, if you have a Checking Account with an overdraft protection line of credit feature.
If you believe your debit card or ATM card or PIN has been lost or stolen, and you tell the Bank within two (2) Business Days after you learn of the loss or theft, you can lose no more than $50.00, if someone used the card without your permission. You may lose up to an additional $50.00 if you have a Checking Account with an overdraft protection line of credit feature.
If you do not tell the Bank within two (2) Business Days after you learn of the loss or theft of your debit card or ATM card or PIN and the Bank can prove that the Bank could have stopped someone from using your debit or ATM card without your permission if you had told the Bank, you could lose as much as $500.00. You may lose up to an additional $50.00 if you have a Checking Account with an overdraft protection line of credit feature.
Also, if your statement shows electronic funds transfers or debit or ATM Transactions that you did not make, tell the Bank at once. If you do not tell the Bank within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days, if the Bank can prove that the Bank could have
stopped someone from taking the money if you had told the Bank in time.
If a good reason (such as a long trip or hospital stay) kept you from telling the Bank, the Bank, at its discretion, may extend the time periods. Despite the foregoing, provided the Bank has not determined you have been grossly negligent, the following liabilities will apply to VISA transactions. For purposes of this Part VIII, a “VISA transaction” is a transfer initiated from your Checking Account through the use of a VISA debit card that is transmitted through the VISA interchange. If you tell the Bank within two (2) Business Days after you learn of the loss, theft, or unauthorized use of your debit card, you will have no liability for all unauthorized VISA transactions initiated with your debit card. If you do not tell the Bank within two (2) Business Days after you learn of the loss, theft, or unauthorized use of your debit card, you can lose up to $50.00 for all unauthorized VISA transactions. All other unauthorized Transactions, including all unauthorized Transactions initiated by your debit card that are not VISA transactions and all unauthorized ATM Transactions from your Checking Account through your debit card or ATM card will be subject to the preceding sections of this Part VIII concerning Consumers’ liability. For your protection, your PIN is confidential. You agree: (a) to commit your PIN to memory; (b) not to write your PIN on your debit card or ATM card or on other documents carried with your debit card or ATM card in your purse, billfold or otherwise; (c) not to tell your PIN to any person not authorized to use your debit card or ATM card; and (d) to notify Capital City Bank at once, in the manner described in the following section concerning notification in the event of unauthorized transfers, if you have reason to believe your PIN is known by any person not authorized to use your debit card or ATM card.
If you furnish your debit card and PIN or ATM card and PIN and grant actual authority to make transfers or withdrawals to another person who then exceeds that authority, you are liable for all subsequent transfers and withdrawals until the Bank has been notified that transfers by that person are no longer authorized. Notification to the Bank can be accomplished by closing your Account and opening a new Account with a new debit or ATM card or by bringing your debit card or ATM card to one of the Bank’s offices to obtain a new PIN or card and PIN. Until you have time to take one of these actions, you can protect yourself by calling the Bank and asking the
Bank to suspend ATM and/or VISA privileges on your Account.
3. Business Days
The Bank’s Business Days are Monday through Friday. Federal holidays are not included. See Part I.2.
4. Contact in Event of Unauthorized Transfer and Loss of Stolen Card or PIN
If you believe your debit or ATM card has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, call or write the Bank at the number and/or address at the end of this Agreement. If unauthorized activity occurs, you agree to cooperate during the investigation and to
complete a lost or stolen card report or similar affidavit.
You may also cancel your lost or stolen ATM or debit card via your Capital City Bank online banking service. Once you have submitted the request to cancel your card, it takes effect immediately and the card may not be reactivated.
5. Use of Your Debit Card
Your debit card may be used at participating merchant locations for purchases and are deducted from your primary Checking Account. Outright purchases and purchases transacted by means of cash withdrawals made at merchant terminals are referred to as point-of-sale (“POS”) transactions. They may or may not require the use of your PIN. You may also use your debit card to perform Transactions at ATMs utilizing your PIN. These Transactions are deducted from the Checking or Savings Account selected at the time of the Transaction. The Bank has no obligation to you if anyone refuses to honor the debit card or if for any reason you cannot make cash withdrawal from any ATM. You are solely responsible for the safeguarding of your PIN. You should treat all debit card transactions as immediate withdrawals from your Account and reflect them as such on your Account records. It is recommended you use the debit card only at the time of an actual POS transaction and not for advance reservations or guarantees of any purchase of goods or services (i.e. rental car or hotel guarantees).
6. Types of Available Transfers and Limits on Transfers with Your Debit or ATM Card
You may use your debit or ATM card to:
- Withdraw cash from your Checking or Savings Account;
- Make deposits to your Checking or Savings Account;
- Transfer funds between your Checking and Savings Accounts;
- Obtain the balance in your Checking or Savings Account;
- Make payments from your Checking or Savings Account to Bank loans, or VISA; and
- Pay for purchases at places that have agreed to accept the debit or ATM card.
Some of these services may not be available at all terminals.
You may use your debit or ATM card for POS transactions and foreign ATM Transactions only if the Available Balance (including all applicable forms of overdraft protection) in your primary Checking Account (or linked Savings Account) is sufficient to pay the amount. You may use your debit card for VISA member office cash advances, only if the Available Balance (including all applicable forms of overdraft protection) in your primary Checking Account is sufficient to pay the amount. You may use your debit or ATM card for Capital City Bank ATM
Transactions only if the Available Balance (including all applicable forms of Overdraft protection) in your primary Checking Account or other accessible Accounts is sufficient to pay the amount. You agree that all Transactions are subject to authorization by the Bank or by a VISA authorization center. No additional authorizations are allowed if the total amount of all authorizations for outstanding POS Transactions, VISA cash advances, and
ATM Transactions exceeds the daily card limit established by the Bank from time to time. You may request your other Accounts (i.e., Checking Account(s), money market account(s), Savings Account(s)), be linked to your debit or ATM card for access at a Capital City Bank ATM terminal. However, access to these Accounts may be limited at other ATM or POS terminals. When you use your debit or ATM card at an ATM, you may withdraw cash up to
$760.00 each 24-hour period, if you have available funds (including all applicable forms of overdraft protection) in your Account. At certain times your maximum purchase and/or withdrawal will be limited to $200.00.
When you use your debit card at merchant POS terminals or VISA member offices, you may buy goods or services or withdraw cash up to $3,500.00 for Consumer cards and $5,000.00 for business/commercial cards each 24-hour period, if you have available funds (including all applicable forms of overdraft protection) in your primary Checking Account. At certain times, your maximum purchase and/or withdrawal will be limited to $500.00. There may also be a limit on the number of Transactions you may make each day with your debit card, but for security reasons, this number is kept confidential. When you use your ATM card at merchant POS terminals, you may buy goods or services up to $760.00 each 24-hour period, if you have available funds (including all applicable forms of Overdraft protection) in your primary Checking Account. At certain times, your maximum purchase and/or withdrawal will be limited to $200.00.
You expressly authorize the Bank to debit your Checking or Savings Account in the amount of any transfer from your Checking or Savings Account ordered by you or by any other person with your authorization or consent or to whom a debit card or ATM card was issued at your request. You agree that the Bank may treat any such transfer from a Checking or Savings Account the same as a duly executed written withdrawal, transfer, or Check and that the Bank may treat any such transfer to a Checking or Savings Account the same as a deposit. You agree that the Bank may treat any such transfer from a credit account (if applicable) the same as a duly executed loan request, cash advance or transfer and that the Bank may treat any such transfer to a credit account the same as a loan payment to the Bank, all in accordance with the terms of your separate agreement with the Bank governing the credit account. You agree that you will be obligated to the Bank for the amount of any such transfer from an account that has been authorized by the Bank or the Bank’s agent as of the time of such authorization, even if the Transaction is not presented to the Bank for payment until a later date.
7. Electronic Check Conversion
You may authorize a merchant or other payee to make a one-time electronic payment from your Checking Account using information from your Check to: (i) pay for purchases; and/or (ii) pay bills.
8. Charges for Transfers or Right to Make Transfers
ATM Transactions and POS transactions will be included on your statement and counted in the number of monthly debits. Fees will be assessed as set forth in the Bank’s Products and Services Brochure and Other Services and Fees Insert which have been provided to you. No additional fees will be assessed through the use of your debit or ATM card. The Bank may charge your primary Checking Account for inquiries, transfers and withdrawals made at ATMs the Bank does not own or operate. When you use an ATM not owned by the Bank, you may be charged a fee by the ATM operator. Refer to the Bank’s current Products and Services Brochure and Other Services and Fees Insert for a complete listing of fees related to your Account. You will be notified prior to changes to any such account-related fees.
9. Transactions Made in Foreign Currency
The exchange rate between the Transaction currency and the billing currency used for processing international Transactions is a rate selected by VISA from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives, or the government- mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the issuer.
10. Disclosure of Account Information to Third Parties
The Bank has the right to disclose information to third parties about your Account or the transfer
- where it is necessary for completing transfers;
- in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant;
- in order to comply with government agency or court orders;
- as otherwise required or permitted by law or government regulation;
- if you give the Bank your permission; and
- as stated in the Capital City Bank Group Privacy Notice.
11. Your Right to Receive Documentation of Terminal Transfers
You will get an acknowledgement at the time you make any transfer to or from your Account using one of the Bank’s STARSM, Presto®, Plus® or VISA ATMs or VISA cash advance terminals. If you have arranged to have direct deposits made to your Account at least once every sixty (60) days from the same company, you can call the Bank at the number shown below to find out whether or not the deposit has been made. You will get a monthly Checking Account statement. If you have a Savings Account linked to your debit or ATM card, you will get a monthly Savings Account statement, unless there are no Transactions in a particular month; you will at least receive a quarterly Savings Account statement.
12. Your Right to Stop Payment of Preauthorized Payment Transfers
If you have told the Bank in advance to make regular payments out of your Account or you have authorized someone to debit your Account through the ACH system, you can stop any of these payments. Here’s how: Call or write the Bank at the number and/or address at the end of this Agreement.
You must notify the Bank in time for the Bank to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you call, the Bank will also require you to put your request in writing and provide it to the Bank within fourteen (14) days after you call. You must tell the Bank the exact amount of the payment you have stopped, as well as other identifying information that the Bank will request. The Bank may charge you for each stop payment order you give. If these regular payments vary in amount, the person you are going to pay will tell you ten (10) days before each payment, when it will be made and how much it will be. If you order the Bank to stop one of these payments three (3) Business Days or more before the transfer is scheduled and the Bank does not do so, the Bank will be liable for your losses or damages. You are not permitted to stop payment on any POS transactions conducted by you through the use of your debit or ATM card. Different rules and procedures apply to transfers initiated via your online banking service, and you must refer to the Capital City Bank OnLine Terms and Conditions Agreement for details.
13. The Bank’s Liability for Failure to Make Transfers
If the Bank does not complete a transfer to or from your Account on time or in the correct amount according to the Bank’s Agreement with you, the Bank will be liable for your losses or damages. However, there are some exceptions. The Bank will not be liable, for instance if:
- through no fault of ours, you do not have enough money in your Account to make the transfer;
- the ATM where you are making the transfer does not have enough cash or is closed or closes during your Transaction;
- the ATM or merchant terminal in a POS transaction was not working properly and you knew about the malfunction when you started the transfer;
- circumstances beyond the Bank’s control such as fire or flood prevent the transfer, despite reasonable precautions that the Bank has taken;
- the funds are subject to Legal Process or other encumbrance restricting the transfer;
- your debit or ATM card has been revoked due to inactivity or at the Bank’s discretion;
- a merchant or another bank’s ATM refuses to accept your debit or ATM card; or
- the transfer would be over the credit limit on your Overdraft line of credit.
There may be other exceptions stated in this Agreement, and in no case will the Bank’s liability
exceed actual losses or damages proved.
14. Errors or Questions About Your Electronic Transfers
Telephone (888.671.0400) or write the Bank (P.O. Box 900, Tallahassee, Florida 32302) as shown below, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. The Bank must hear from you no later than sixty (60) days after the Bank sent the FIRST statement on which the problem or error appeared. The Bank will request that you provide the Bank
with the following information: (i) your name and Account number, (ii) a description of the error or the transfer you are unsure about (iii) an explanation why you believe it is an error or why you need more information, and (iv) the dollar amount of the suspected error. If you tell the Bank orally, the Bank may require that you send the Bank your complaint or question in writing within ten (10) Business Days. If the error or question does not involve a debit ATM Transaction, a debit POS transaction, or other Electronic Funds Transfer, different error notification and resolution procedures may apply.
The Bank will tell you the results of its investigation within ten (10) Business Days after the Bank hears from you and will correct any error promptly. If the Bank needs more time, however, the Bank may take up to forty-five (45) days to investigate your complaint or questions. If the Bank decides to do this, the Bank will provisionally credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes the Bank to complete its investigation. If the Bank asks you to put your complaint or question in writing, and the Bank does not receive it within ten (10) Business Days, the Bank may
not credit your Account. The limits above are regulatory limits, which may or may not apply in every case. The Bank may provisionally credit your Account within five (5) Business Days in some instances.
For errors involving new Accounts (one within 30 days after the initial deposit), Transactions that originate at a POS terminal, or foreign-initiated Transactions, the Bank may take up to ninety (90) days to investigate your complaint or question. Also for new Accounts, the Bank may take up to twenty (20) Business Days to credit your Account for the amount you think is in error. The Bank will tell you the results within three (3) Business Days after completing its investigation. If the Bank decides that there was no error, the Bank will send you a written
explanation. You may ask for copies of the documents that the Bank used in its investigation.
In the event the use of your debit or ATM card results in an Overdraft of available funds in your Account, the Bank may charge the Overdraft to your Account, may place a temporary hold against other deposits belonging to you for the amount of the Overdraft, and may charge a service fee, if you have opted-in for this service.
Please refer to Part IV of this Agreement, the Bank’s Products and Services Brochure, and Other Services and Fees Insert for these and other service fees which may be applicable to your Account(s).
The Bank reserves the right to revoke your debit or ATM card privilege and to require you to return it. The debit or ATM card issued to you is and remains the Bank’s property at all times and you may not transfer or assign it to anyone else. You agree to immediately return it or destroy the debit or ATM card, if asked, or if the card or Accounts that the debit or ATM card belongs to is closed. If you had a Capital City Bank ATM card before the debit card, and if the debit card replaced the ATM card, you agree to destroy, by cutting in half, the ATM card within thirty (30) days of receiving your debit card.
17. Effective Date
The effective date of your debit or ATM Transactions will be the posting date on your monthly Account statement. The Bank will utilize reasonable efforts to post such Transactions as soon as possible following the receipt of final settlement Items and reconciliation to corresponding authorizations, if applicable.
18. Refunds of Purchases
No cash refunds will be made to you on purchases made with your debit card. Any refund to you by a merchant must be made on a credit voucher signed by you and submitted to the Bank by the merchant. The amount of all credits posted to your Account will be indicated on your monthly Checking Account statement.
19. Claims Against Merchants
If you use your debit or ATM card at a merchant and a dispute with the merchant arises, you agree to make a good faith effort to settle the dispute with the merchant. Debit and ATM card transactions are processed very quickly; as a result, you may not stop payment on debit and ATM card purchases. Any claims concerning property
or services purchased with your debit or ATM card must be resolved by you directly with the merchant or seller who accepted your debit or ATM card, and any claim or defense which you assert will not relieve you of your obligation to pay the Bank the total amount of the Transaction once received by the Bank and processed against
20. Deposits After Account Closed
The Bank may accept deposits to your Account after it is closed in order to pay outstanding and unpaid Transactions through the use of your debit or ATM card. However, acceptance of any deposit does not reactivate your Account.
21. Illegal Transactions
You agree that you will not use your debit or ATM card for any Transaction that is illegal in the jurisdiction where you live, in the jurisdiction where the Transaction is consummated, or in any other jurisdiction affected by the Transaction. You agree that it is your responsibility to determine the legality of each Transaction in all applicable jurisdictions before entering into such Transaction. You acknowledge and agree that we have no obligation to monitor, review or evaluate your debit and ATM card Transactions for legality and that we may presume that all of your debit and ATM card Transactions are legal in all applicable jurisdictions. However, we reserve the right to decline any Transaction that we believe is an illegal Transaction or a high-risk Transaction in any applicable jurisdiction. To the fullest extent permitted by law, you further agree that we are not responsible for the recovery or reimbursement to you of any funds transferred in connection with any Transaction authorized by you that is determined to be illegal.
22. ATM Safety Precautions
Users of ATM machines should be aware of safety concerns whether they use one of Capital City Bank’s ATMs or one in the community. The following are some ATM safety and security tips. Please review and follow these precautions the next time you visit an ATM, particularly one that is someplace unfamiliar to you:
- Observe your surroundings before using an ATM. If the machine is obstructed from view or poorly lit, visit another ATM.
- Take a friend with you, especially at night.
- Have your card out and ready to use.
- Prepare all Transaction paperwork prior to your arrival at the ATM. This will minimize the amount of time spent at the machine.
- Shield the screen and keyboard so anyone waiting to use the ATM cannot see you enter your PIN or Transaction amount.
- Put your cash, card and receipt away immediately. Count your money later, and always keep your receipt.
- Do not leave your transaction record at the ATM. Keep your transaction record in a safe place, so you can compare it to your statement.
- If you see anyone or anything suspicious, cancel your Transaction and leave immediately. If anyone follows you after making a Transaction, go to a crowded, well-lit area and call the police.
- When using an enclosed ATM that requires your card to open the door, avoid letting strangers follow you inside.
- When using a drive-up ATM, make sure all passenger car doors are locked and windows are up.
- Do not leave your car unlocked or engine running when you get out to use an ATM.
- Keep your card in a safe place to avoid damage. If your card is lost or stolen, contact us immediately.
- Memorize your Personal Identification Number (“PIN”). Never write the PIN down on anything in your wallet or on the card itself.
When selecting a PIN, avoid numbers and letters that relate to your personal information. For
example, don’t use your initials, birthday, telephone or Social Security number. If you have such a
number, contact the Bank and get a new PIN issued.
23. Terms and Conditions
By signing or using your debit or ATM card you acknowledge receipt of and agree
to be bound by this Agreement.
PART IX. FUNDS AVAILABILITY POLICY – YOUR ABILITY TO WITHDRAW FUNDS AT CAPITAL CITY BANK
1. Your Ability to Withdraw Funds
The Bank’s usual policy is to make funds from your deposits available on the first Business Day after the day the Bank receives your deposit. Electronic direct deposits will be available on the day we received the deposit. Once the deposited funds are available, you can withdraw the funds in cash and the Bank will use the funds to pay Checks you have written. For determining the availability of your deposits, every day is a Business Day, except Saturdays, Sundays and federal holidays. If you make a deposit prior to the close of business at any location on a Business Day the Bank is open, the Bank will consider that day to be the day of your deposit. If you make a deposit on a day the Bank is not open, the Bank will consider that the deposit was made on the next Business Day the Bank is open. Funds received on a day the Bank is open, other than a Business Day, are considered received on the next Business Day. Deposits made at some ATMs may be considered to be made on the next
Business Day if they are made after the cutoff time for that ATM. A notice will be posted at each ATM indicating the cutoff hour.
2. Longer Delays May Apply
In some cases, the Bank will not make all of the funds you deposit by Check available to you on the first Business Day after the day of your deposit. Depending on the type of Check you deposit, funds may not be available until the fifth Business Day after the day of your deposit. However, the first $200 of your deposits may be available on the first Business Day. If your Checking Account or Savings Account balance is less than $200 and you make a deposit that would increase the balance over $200, you can withdraw up to $200 of that deposit immediately.
If the Bank is not going to make all of the funds from your deposit available on the first Business Day, the Bank will notify you at the time you make your deposit. The Bank will also tell you when the funds will be available. If your deposit is not made directly to one of the Bank’s associates, or if the Bank decides to take this action after you have left the premises, the Bank will mail you the notice by the day after the Bank receives your deposit. If you will need the funds from a deposit right away, you should ask the Bank when the funds will be available. In addition, funds you deposit by Check may be delayed for a longer period under the following circumstances:
- The Bank believes a Check you deposit will not be paid.
- You deposit Checks totaling more than $5,000 on any one (1) day.
- You redeposit a Check that has been returned unpaid.
- You have overdrawn your Account repeatedly in the last six (6) months.
- There is an emergency, such as failure of communications or computer equipment.
The Bank will notify you if the Bank delays your ability to withdraw funds for any of these reasons, and the Bank will tell you when funds will be available. They generally will be available no later than the seventh Business Day after the day of your deposit.
3. Special Rules for New Accounts
If you are a new client, the following special rules will apply during the first thirty (30) days your Account is open. Funds from electronic direct deposits to your Account will be available on the day the Bank receives the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day’s total deposits of cashier’s, certified,
teller’s, traveler’s and federal, state and local government Checks will be available on the first Business Day after the day of your deposit if the deposit meets certain conditions. For example, the Checks must be payable to you. The excess over $5,000 will be available on the ninth Business Day after the day of your deposit. If your deposit of these Checks (other than a U.S. Treasury Check) is not made in person to one of the Bank’s associates, the first $5,000 will not be available until the second Business Day after the day of your deposit. Funds from all other Check deposits will be available on the ninth Business Day after the day of your deposit.
PART X. SUBSTITUTE CHECKS AND YOUR RIGHTS
1. What is a Substitute Check?
To make Check processing faster, federal law permits banks to replace original Checks with “Substitute Checks.” These Checks are similar in size to original Checks with a slightly reduced image of the front and back of the original Check. The front of a Substitute Check states: “This is a legal copy of your Check. You can use it the same way you would use the original Check.” You may use a Substitute Check as proof of payment just like the original Check.
Some or all of the Checks that you receive back from the Bank may be Substitute Checks. This notice describes rights you have when you receive Substitute Checks from the Bank. The rights in this notice do not apply to original Checks or to electronic debits to your Account. However, you have rights under other laws with respect to those Transactions.
2. What Are My Rights Regarding Substitute Checks?
In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a Substitute Check is posted to your Account (for example, if you think that the Bank withdrew the wrong amount from your Account or that the Bank withdrew money from your Account more than once for the same Check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your Account and fees that were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the Substitute Check, whichever is less. You also are entitled to interest on the amount of your refund if your Account is an interest-bearing account. If your loss exceeds the amount of the Substitute Check, you may be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your Account earns interest) within ten (10) Business Days after the Bank receives your claim and the remainder of your refund (plus interest if your Account earns interest) not later than forty-five (45) calendar days after the Bank received your claim. The Bank may reverse the refund (including any interest on the refund) if the Bank later is able to demonstrate that the Substitute Check was correctly posted to your Account.
3. How Do I Make a Claim for a Refund?
If you believe that you have suffered a loss relating to a Substitute Check that you received and that was posted to your Account, please contact the Bank at 888.671.0400. You must contact the Bank within forty (40) calendar days of the date that the Bank mailed (or otherwise delivered by a means to which you agreed) the Substitute Check in question or the Account statement showing that the Substitute Check was posted to your Account, whichever is later. The Bank will extend this time period if you were not able to make a timely claim because of extraordinary circumstances. Your claim must include:
- a description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
- an estimate of the amount of your loss;
- an explanation of why the Substitute Check you received is insufficient to confirm that you suffered a loss; and
- a copy of the Substitute Checks and the following information to help the Bank identify the Substitute Check: (i) the Check number, (ii) the name of the person to whom you wrote the Check, and (iii) the amount of the Check.
4. Deposit of Substitute Checks
You agree that you will not deposit, without the Bank’s prior written consent, “Substitute Checks” as defined by federal law or image replacement documents that purport to be Substitute Checks and have not been previously endorsed by a bank. If you deposit such an Item, you agree to reimburse the Bank for losses, costs and expenses the Bank may incur associated with warranty or indemnity claims. If you provide the Bank with an electronic representation of a Substitute Check for deposit into your Account instead of an original Check, you agree to reimburse the Bank for losses, costs and expenses the Bank incurs because the Substitute Check resulting from the electronic representation does not meet applicable Substitute Check standards and/or causes duplicate payments.
Part XI. Dispute Resolution
IT IS IMPORTANT FOR YOU TO READ THIS DISPUTE RESOLUTION PART CAREFULLY. THIS PART APPLIES TO ANY CLAIM INVOLVING YOUR ACCOUNT(S) AT THE BANK. THIS PART WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS BETWEEN YOU AND THE BANK ARE RESOLVED.
UNDER THIS PART XI, EITHER YOU OR THE BANK MAY REQUIRE THAT ANY CLAIM (DEFINED BELOW) INVOLVING YOUR ACCOUNT(S) BE RESOLVED BY BINDING ARBITRATION. EXCEPT AS EXPRESSLY PROVIDED IN PART XI.3 BELOW, NEITHER YOU NOR THE BANK WILL HAVE THE RIGHT TO: (1) HAVE A COURT OR A JURY DECIDE ANY CLAIM; (2) JOIN OR CONSOLIDATE A CLAIM WITH CLAIMS OF ANY OTHER PERSON; (3) PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS ACTION ARBITRATION; OR (4) ENGAGE IN INFORMATION-GATHERING (DISCOVERY) TO THE SAME EXTENT AS IN COURT. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT, AND OTHER RIGHTS IN COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
The “Agreement” means this Terms and Conditions Agreement, the Products and Services Brochure, the Other Services and Fees Insert, the Disclosures Insert, the Capital City Bank Group Privacy Notice, and any other brochures or inserts related to the matters covered by this Agreement. A “Claim” subject to this Dispute Resolution Part means any and all claims, disputes, or controversies between you and the Bank (and its current and former officers, directors, associates, agents, representatives, contractors, subcontractors, parent, subsidiaries, affiliates, successors, and assigns) arising from or relating in any way to your Account(s) with the Bank or any of its affiliates, to your use of any Bank location or facility, to any means you may use to access your Account(s) (such as an ATM or online banking service), to this Agreement, to any charge or cost incurred with respect to your Account(s), or to any Transaction conducted with the Bank or any of its affiliates
in connection with any Account(s) or this Agreement. “Claims” has the broadest possible meaning and includes all claims of all types, whether such claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, Consumer rights, fraud and other intentional torts, or any other legal theory. It includes claims for money damages, injunctions, declaratory statements, or equitable relief. “Claim” includes past,
present, and/or future claims, as well as initial claims, counterclaims, cross-claims, third-party claims, interpleaders, and any other type of claim. “Claim” also includes any dispute regarding the validity, enforceability,
applicability, or scope of this Dispute Resolution Part or any other part of the Agreement. Unless otherwise stated, all references to “days” in this Part shall refer to calendar days (not working or Business Days). “Including” and “include” mean including, without limiting, the generality of any description preceding such term. “Or” is used in the inclusive sense of “and/or.”
Except as expressly provided in Part XI.3 below, you and the Bank agree that any and all Claims between you and the Bank will, at the election of either you or the Bank, be resolved by individual (not class) binding arbitration in accordance with this Dispute Resolution Part. Arbitration is mandatory if requested by you or the Bank. If the Bank becomes a party in any lawsuit that you have with any third party, whether through intervention by the Bank or by motion or pleading made by you or any third party, the Bank may elect to have all claims in that lawsuit between you and such third party resolved by arbitration under this Dispute Resolution Part.
3. Claims Excluded from Arbitration
Notwithstanding Part XI.2, the following claims or proceedings are not subject to this agreement to arbitrate: (i) any individual action filed by you or the Bank that is within the jurisdiction of the small claims court (or your state’s equivalent court), unless such action is joined or consolidated with another action, or is transferred, removed, or appealed to a different court; or (ii) any lawsuit or administrative proceeding filed against the Bank by a state or federal government agency.
4. Class Action Waiver
If either you or the Bank elects to arbitrate a Claim, the arbitration will be conducted as an individual action only. This means that even if a demand for class arbitration, class action lawsuit or other representative action (including a private attorney general action) is filed, then any Claim related to the issues of such lawsuit(s) will be subject to individual arbitration. Neither you nor the Bank will have the right: (i) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (ii) to join or consolidate Claims with claims of any other persons.
If the Class Action Waiver is voided, found unenforceable, or limited with respect to any Claim for which you seek class-wide relief, then Part XI (except for this sentence, the remainder of this Part XI.4, Part XI.6, and Part XI.8) shall be null and void with respect to such Claim. However, Part XI shall remain valid with respect to all other Claims. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.
No arbitrator shall have authority to conduct any arbitration in violation of this provision. You and the Bank acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is not severable from this Dispute Resolution Part.
5. Arbitration Procedures and Expenses
If you or the Bank elects to arbitrate a Claim, the electing party must notify the other party in writing. This notice may be given after the beginning of a lawsuit and may be given in papers or motions filed in the lawsuit. Otherwise, your notice must be sent to Capital City Bank, Attn: Deposit Services, P.O. Box 900, Tallahassee, FL 32302-9984 (“Notice Address”). The Bank’s notice must be sent to the most recent address for you in the Bank’s records. The arbitration, including the selection of the arbitrator, shall be administered by the American Arbitration Association (“AAA”), according to its Commercial Arbitration Rules and its Supplemental Procedures for
Consumer-Related Disputes, which are in effect at the time the arbitration is filed. You may obtain a copy of the current rules of the arbitration administrator (including information about arbitration, fees, and instructions for initiating arbitration) by contacting the AAA at 1633 Broadway, Floor 10, New York, New York 10019, phone 800-778-7879; website: www.adr.org.
If the AAA is unavailable, unable, or unwilling to accept and administer the arbitration of any Claim or any appellate proceeding, then you and the Bank may agree upon another administrator or, if we are unable to agree, you or the Bank may petition a court of competent jurisdiction to appoint an independent and impartial arbitrator under the Federal Arbitration Act, Title 9 of the United States Code (“FAA”).
You and the Bank each have the right to be represented by an attorney or other representative. The cost of legal services will be borne by the party who receives the services.
If your Claim exceeds $75,000 or if it is a non-monetary Claim, the AAA filing fees shall be allocated pursuant to the rules of the AAA. The remainder of this paragraph applies only if your Claim for actual damages does not exceed $75,000. After the Bank receives notice at the Notice Address that you have commenced arbitration, then if your Claim for actual damages does not exceed $75,000 the Bank will reimburse you for your payment of the AAA filing fee after you have paid an amount equivalent to the fee for filing the Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. If you have already paid a filing fee for asserting
the Claim(s) in court, then you will not be required to pay that amount again. If you are unable to pay the AAA filing fee, the Bank will pay it directly upon receiving a written request at the Notice Address. If, however, the arbitrator finds that the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the Bank for all monies previously disbursed by the Bank which are otherwise your obligation to pay under the AAA Rules.
In addition to the AAA filing fees, arbitration involves other fees, costs, and expenses which include the arbitrator’s fee and expenses, your attorneys’ fees and expenses, the Bank’s attorneys’ fees and expenses, and expert witness fees and expenses. All arbitrator fees and expenses, attorneys’ fees and expenses, expert witness fees and expenses, and all other fees, costs, and expenses of the arbitration shall be allocated pursuant to the rules of the AAA, except the Bank will pay the AAA filing fees under the terms explained in the previous paragraph if your Claim does not exceed $75,000.
If your Claim is for $10,000 or less, then you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. The AAA, the arbitrators, you, and the Bank must, to the extent feasible, take any necessary action to ensure that the arbitration proceeding is completed within 180 days after filing the dispute with the AAA. Any in-person arbitration hearing will be held in a state in which the Bank has a physical banking office and at a location which is reasonably convenient to all parties, with due consideration of the parties’ ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, that determination shall be made by the arbitrator.
You or the Bank may bring a summary or expedited motion to compel arbitration of any Claim or to stay the litigation of any Claim pending in any court. Such a motion or action may be brought at any time. The failure to initiate or request arbitration at the beginning of a dispute or claim shall not be construed as a waiver of the right to arbitration.
You and the Bank each agree that you and the Bank are engaging in interstate commerce with respect to your Account(s) and this Agreement. The FAA shall govern your Account(s), the interpretation of this Agreement, and the enforcement and proceedings pursuant to this Agreement. To the extent state law is applicable under the FAA, the law of the state governing your Account relationship with the Bank shall apply. If there is a conflict between the AAA rules and any term in this Agreement, then the terms of this Agreement shall control.
A single arbitrator will be appointed by the AAA, subject to objection by you or the Bank for good cause. The arbitrator must be independent and impartial, a member of the state bar where the arbitration is held, and a practicing attorney with ten or more years of experience or a retired judge. The arbitrator must have expertise in the substantive laws applicable to the subject matter of the dispute. The arbitrator shall disclose to you and the Bank any circumstance likely to affect impartiality, including any bias or financial or personal interest which may affect the result of the arbitration proceeding, or any past or present relationship or experience with you or the Bank.
To the extent permitted by law, the arbitrator (and not any federal, state, or local court or agency) shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, validity, or scope of this Dispute Resolution Part, any other part of the Agreement, or the AAA rules. In determining
liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA, which would apply if the matter had been brought in court. The arbitrator shall honor statutes of limitation, confidentiality rights and claims of privilege (such as the attorney-client privilege and the work- product privilege) which are recognized under applicable law. The arbitrator will also apply pertinent contract terms, statutes, and legal precedents. The arbitrator may award all remedies permitted by applicable law or equity,
including damages, declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator’s decision shall be based upon and be consistent with the law of the jurisdiction that applies to the Claim. At the timely request of you or the Bank, the arbitrator should provide a brief written explanation of the basis for the award. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
6. Survival and Severability
This Part XI shall survive the closing of your Account(s), your death, your bankruptcy, or the termination of any relationship between us for any reason. If one or more provision(s) or portions of a provision(s) of this Part XI is/are deemed invalid, unlawful, unconstitutional, or unenforceable for any reason, then except as provided by the Class Action Waiver in Part XI.4: (i) that holding shall not invalidate the remaining portions of this Part or the Agreement, and (ii) all remaining portions shall be in full force and effect as if this Part XI did not originally
include the portion(s) held invalid, unlawful, unconstitutional, or unenforceable. The parties acknowledge and agree that under no circumstances will a class action be arbitrated. Part XI.8 shall remain valid under all circumstances.
7. Effect of Arbitration Award
Other than as set forth herein, the arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $50,000, any party may, within 30 days after the entry of the award by the arbitrator, appeal the award to a panel of three new arbitrators administered by the AAA. In addition, the parties’ right to appeal to a three-arbitrator panel includes any and all decisions by the arbitrator regarding the validity, enforceability, applicability, or scope of this Dispute Resolution Part. The panel shall reconsider anew any aspect of the initial award or decision requested by the appealing party. The decision of the panel shall be by majority vote. Reference in this arbitration provision to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with the rules of the AAA. Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.
8. Jury Trial and Class Action Waiver
To the extent permitted by applicable law for any matters not submitted to arbitration, you and the Bank hereby knowingly, voluntarily, intentionally, and irrevocably: (i) waive the right to a trial by jury in respect to any litigation arising from, or relating in any way to any Claim or any other dispute or controversy between you and the Bank and (ii) agree that any such litigation will proceed on an individual basis and will not proceed as part of a class action.
PART XII. CONCLUSION
Capital City Bank appreciates your banking business. For further information regarding your Account or other available services at the Bank, please contact a Bank associate for assistance at your closest Capital City Bank office, by mail at the address below, by calling the telephone number below, or via our website as listed below. Thank you.
Capital City Bank
P.O. Box 900
Tallahassee, FL 32302
Phone: 888.671.0400 toll free