Sunteți pe pagina 1din 23

360 Money Market® Account Disclosures

Rev. 4/26/2018

MMA Account Disclosures

360 Money Market Disclosure


Account Terms and Conditions
Electronic Fund Transfer Disclosure
Wire Transfer Agreement
Privacy Policy

360 MMA Disclosure

Important details about your 360 Money Market account

Here we’ve laid out in plain language the legal terms of your 360 Money Market account—these
are terms you automatically agree to when you submit an application to open an account. It’s
long, but important, so give it a read.

Please note that the words "our," "us," "we," "Capital One," and "bank" refer to Capital One, N.A.
The words "you" and "your" refer to you and any account that you hold individually, jointly, or on
behalf of another person.

360 MONEY MARKET DISCLOSURE

Initial deposit: You can open the account with any amount—there is no minimum deposit
required to open it.

Rate information: The interest rates and annual percentage yields are variable, meaning we
can change them at any time.

The interest rate that you earn will depend on the balance in your account each day:

If your daily balance is less than $10,000.00, you'll earn 0.8467% on your entire account
balance, which adds up to an annual percentage yield of 0.85%.
If your daily balance is $10,000.00 or more, you'll earn 1.5884% interest on your entire
account balance, with an annual percentage yield of 1.60%.
Interest compounding and crediting: Interest on your account will be compounded and
credited on a monthly basis. If you close your account before interest is credited, you will
receive the accrued interest.

Earning interest on deposits: When you make non-cash deposits—like checks—those funds
will begin earning interest no later than the next business day a^er the banking day on which
you deposited the funds. (Our business days are Monday through Friday, excluding holidays and
any other day we are not open.)

For example, if you make a non-cash deposit on a Sunday, we will process it on Monday, and it’ll
begin earning interest no later than Tuesday.

When you deposit cash, it’ll begin earning interest the day you deposit it.

Fees: This account is free of pesky fees, but we charge for the following services:

If you request an outgoing domestic wire transfer, we may charge $30 for each transfer
we process.
If you need us to re-print and send you a statement from the past 2 years, we may charge
a fee of $5 per statement.
Shipment on an expedited 360 Money Market card is $25.
If you present us with a foreign check, we will not charge a fee, but the paying bank may
deduct a fee from the proceeds.

Transaction limitations: You may make an unlimited number of transfers or withdrawals via
ATM or teller. Additionally, you may make unlimited payments towards Capital One loans.

However, federal law states that within a monthly service cycle, you may not exceed a combined
total of 6 withdrawals or transfers using methods such as:

Checks or electronic payments (such as bill pay) to a third party


Overdra^ protection transfers
Transfers to an account at another institution
Online banking or phone transfers between accounts

Please note that if you exceed this limit 3 times in 12 months, your account may be closed.

Withdrawals from an ATM made using a 360 Money Market Card are limited to $1,000 per day.
You can lower this limit by calling us at 1-888-464-0727
1-888-464-0727.

If any deposit causes the combined balance of all of your accounts with us (including any jointly
owned, or in the case of an account owned by a living trust, jointly managed accounts) to
exceed $5,000,000, we reserve the right to return it to the sender.

360 MONEY MARKET AGREEMENT

The 360 Money Market account is available to United States citizens or lawful permanent
residents with a U.S. physical address or with military addresses (APO or FPO) who are at least
18 years old with a valid Social Security Number.

Below are the terms and conditions that you automatically agree to when you apply for a 360
Money Market account.

Opening an account: You can open an account solely in your name alone, or in your name
and the name of one other person (this is known as a joint account). To get started, you’ll need
to "link" your Money Market account to your personal (non-business) checking account at
another U.S. chartered bank (this is known as your Linked Account).

If you already have an account with us at the time you open your 360 Money Market account,
your existing Linked Account(s) will also be linked to your 360 Money Market account. For
security, we may verify that you are the owner of the Linked Account.

Your 360 Money Market account won't be considered "opened" until it's funded. This means
your balance must be at least a penny.

Paperless communications: You must be a paperless customer, which means you’ll need to
agree to receive electronic delivery of all disclosures and other communications (like end-of-
year tax forms and electronic statements), and maintain a valid email address.

Consumer reports: Before we open an account, we may request a consumer credit report. As
we review and/or renew your account over time, we may request subsequent consumer credit
reports.

We may report information about your account to consumer reporting agencies and/or check
verification systems. For instance, if you default on your account, this may be reflected in your
consumer report and could affect your ability to open accounts in the future. We are not
required to remove an accurate report of account mishandling from any such check verification
system.

Deposits
Deposits: Checks you deposit must be payable to you (or to the living trust in the case of a
trust account) and list your account number. It's up to you to make sure that your deposit
reaches us and that we know which account you want it deposited into. If you don't do both of
these things, you'll be responsible for any loss that results.
We may limit or refuse any part of a deposit. If an item you deposit is returned to us unpaid or is
otherwise charged back to us, we will charge it back to your account.

Availability of Deposits:

Deposits made via check drawn on another bank and ACH deposits that we initiate on
your behalf will be held for 4 business days;
Cash deposits, ACH direct deposits, and incoming wire transfers will be available the same
business day;
Checks drawn on a Capital One, N.A., account will be available the next business day.

Generally, you can't withdraw a deposit for 4 business days.

Foreign checks are handled as collection items only and are converted at our current daily rate
and credited in U.S. dollars. Foreign checks sent for collection are exchanged at the exchange
rate on the day of payment. All returned foreign checks will be charged back to your account at
the rate used when initially credited and may be subject to a return fee and foreign bank charge
(if applicable). Any payment(s) made to you from such items shall be provisionally credited to
your account until we receive final payment from the foreign bank. Please note that while the
foreign check collection process typically takes anywhere from four to six weeks, we have no
control over the process once a check is sent for foreign collection. Accordingly, the process may
take longer, depending on the foreign bank. You hereby waive notice of dishonor, nonpayment,
or protest with respect to any items credited to or charged against your account.

Overdra^s: There is no option to overdraw your account—you may only withdraw money that
is available in your account.

Types of account ownership

Individual Account. This type of account is owned by one person.


Joint Account. This type of account is owned by two people. Except for certain
retirement benefits like Social Security, if one person dies, the money in the account then
belongs only to the survivor (and not to the estate of the deceased person). The owners of
the account are considered to be "joint tenants" with right of survivorship. Any owner of
the account may: (i) withdraw, transfer funds or close the account without the other
owner's consent; (ii) pledge the account to us as collateral for a debt owed to us; and (iii)
deposit checks payable to any joint owner.

If one joint owner requests that we not pay items authorized by a different joint owner, we may
restrict the account and refuse to pay all items (including items authorized by the owner
making the request), but we are not required to do so. If we restrict the account, we may not
release the restriction unless all joint owners agree in writing to remove it. No request to restrict
the account will affect items that we paid before the request. If we decide not to restrict the
account, all joint owners remain responsible for items subtracted from the account.

We may also pay all or any part of the funds in the account to a court or government agency if
we receive a garnishment, levy, or similar legal process that identifies any of the joint owners.

Living Trust (also known as inter-vivos trust) Account. This type of account is
owned by a living trust. If the account is managed by multiple trustees ("Co-Trustees"), any
Co-Trustee may: (i) withdraw or transfer the balance without the other Co-Trustee's
consent; (ii) make deposits, close or pledge the account to us as collateral for a debt owed
to us; and (iii) endorse and deposit checks payable to either Co-Trustee or the living trust.
Each trustee understands and agrees that (s)he, and not Capital One, owes a fiduciary
responsibility to the living trust and as such, shall manage the account in accordance with
the terms of this agreement, the trust document(s) and any applicable laws. The
obligations of Co-Trustees under this agreement are joint and several.

Connecting accounts: If you have more than one eligible Capital One account, we will
automatically "connect" your eligible accounts so they appear when you're logged into your
account through the website or mobile app.

We will display only summary information about your "connected" accounts. To get any other
information or conduct any activity on these account types, you must access the specific
account servicing area for that account. All connected bank accounts will be visible when you
log into your account through the website or mobile app. Keep in mind that certain features,
information, types of transactions or other services may not be available for all of your
connected accounts. As long as you maintain your unique log in credentials, you will have
access to view all of your individual accounts and shared accounts and people with whom you
share accounts will only be able to view accounts that are shared with you, not your individual
accounts.

Statements: As required by law, we'll provide you with a statement at least 4 times a year.
Your Statement will be made available to you based on your selected delivery method.
Payments or transfers you make will be listed on your Statement. You agree to notify us
promptly if you think there's an error or unauthorized transaction shown on your Statement.

Things you tell us to do: We may refuse to follow any of your instructions if we think they are
illegal or potentially harmful to us. Or, we may take or require other security measures to
protect us from any losses we may suffer if we follow your instructions. You agree to pay us
back for any damages or losses (including, but not limited to, the reasonable costs of an
attorney) that we suffer if we take an action based on your (or what appears to be your) oral,
written or electronic instructions.
If your address changes: You must notify us of any change of address by calling us, or using
our secure website. Any notice we mail to you (or email to you if you've told us to communicate
with you electronically) will be binding and sent to the last (postal or electronic) address in our
records. We may change your address if we receive an address change notice from the U.S.
Postal Service ("USPS") or if a company in the business of providing correct addresses informs
us that the address in our records no longer matches your address. Even if you elected to
receive electronic communications from us, there may still be some legal information that we
need to send you via the USPS.

Communication: You agree that we may communicate with you by mail, telephone, email, fax,
prerecorded message, automated voice, text message or other means allowed by law regarding
your Account. You agree that we may contact you at any telephone number (including a mobile
telephone number that you provide us), and use an automated telephone dialing system or
similar device to do so. You agree that we may monitor or record any conversation or other
communication with you.

Closing an account: You can close your account at any time, for any reason. We can close
your account at any time, for any reason and without advance notice.

State laws (called "escheat" or unclaimed property laws) require us to close all your deposit
accounts and transfer your money to the state if your accounts are dormant for a period of time
as defined by your state of residence. Your account can become dormant if, for 24 months,
there is no transactional activity. Your account will remain dormant until funds are transferred
to or from the dormant account. If all of your accounts become dormant, you may no longer
receive paper statements, but you can still view your accounts online.

State abandoned property law establishes guidelines under which unclaimed property must be
surrendered to the applicable state. Generally, the funds in your account are considered
unclaimed if you have not had any activity or communication with us regarding your account
over a period of years, defined by your state of residence. All products are subject to abandoned
property laws, including IRAs and CDs. If your funds are surrendered to the state, you may be
able to reclaim them, but your claim may need to be presented to the state. We want you to
keep your money, not the state! You can avoid the transfer of your money to the state simply by
signing into your account, transacting periodically, contacting us, or replying to any abandoned
property correspondence.

Here Comes the REALLY Hardcore Legal Stuff

Advance Notice of Withdrawal: Under federal law, we must reserve the right to require you
to give us at least 7 days written notice before you take money out of your 360 Money Market.
(This hardly ever happens but legally we have to say it!)
Assignment: No part of an account may be pledged, assigned, given as a gi^, or otherwise
transferred to a third party without our prior written consent.

How We Handle Items You Send Us: We won't be liable for checks or other items ("Checks")
that are lost in the mail or for any default or negligence by a bank we may use to collect your
Checks. When you send us Checks to be deposited into your account, we act as your collection
agent and assume no responsibility beyond the exercise of reasonable care.

Lien and Set-Off: Unless otherwise prohibited by law, by opening an account, you grant us a
security interest (in other words, a "Lien") in your deposit accounts with us. That means that at
any time and without notice to you, we can use all or any part of the money from your individual
or joint accounts to pay any amounts you owe us or any of our affiliates from time to time. (This
is what's known as a "Set-Off"). Any Set-Off shall be a lawful and valid payment by you of
amounts you owe us.

Change to/Waiver of Terms: We can add to, delete or make any other changes we want to
these Terms at any time. You will be bound by the changes as soon as we implement them. We
will provide advance notice of the change if the law requires us to do so. However, if applicable
law requires us to make a change, you may not receive any prior notice. We can cancel, change
or add products, accounts or services whenever we want. We can waive any of our rights under
these Terms whenever we want, but this doesn't mean that we'll waive the same rights in the
future.

No Fiduciary Obligation: Capital One doesn't assume any fiduciary obligation on your behalf.
This means that we don't act as your trustee or financial advisor, and we don't assume any
responsibility for your account beyond reasonable care.

Governing Law and Regulations: Your accounts are subject to both federal law and the laws
of the state of Delaware, as well as any operating circulars or clearing house rules that apply to
us and the rules and regulations of our supervisory authorities (collectively, "Applicable Laws").
If there's a conflict between these Terms and the Applicable Laws, these Terms will be changed
to the extent necessary to comply with Applicable Laws. If any provision of these Terms is
determined by a Court or administrative agency having proper jurisdiction to be invalid,
unenforceable, or illegal, that determination will not affect the validity and enforceability of the
remaining provisions of these Terms.

Levies, Attachments, and Other Court Processes: If we receive a levy, attachment, or


other Court process against you or another owner of the account, we may refuse to permit
withdrawals or transfers from your account until the legal action is dismissed or satisfied. Any
levy, attachment, or other Court process will be subject to our rights of Lien and Set-Off. You are
responsible for any losses, costs, or expenses we incur as a result of any dispute or legal
proceeding involving your account.
Claims Against Your Account: If we receive a claim against funds in your account, or if we
know of or believe that there's a dispute over the ownership or control of funds in your account,
we may, if we choose to, place a hold on your account. We can also refuse to pay out any of your
funds until we're satisfied that the dispute is settled. We may also close the account and send
the balance to the account holder(s) we have on record, decide to rely on our current account
records, require a Court Order to act, or take any other action that we feel will protect us. We
won't be liable to you for taking any such action.

Claim of Loss: If you claim a credit or refund because of a forgery, alteration, or any other
unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss. Your
cooperation may include, but not be limited to, providing us with an affidavit containing
whatever reasonable information we require concerning your account, the transaction, and the
circumstances surrounding the loss.

Death, Incapacity or Termination: If you die or are declared legally incompetent, or, in the
case of a living trust account, the living trust is terminated, we can continue to accept and
process deposits to your account until we know about the death/incompetency/termination and
have a reasonable chance to act.

Notices to You or Us: We shall deem any and all notices to us effective upon receipt by us.
Any notice that we give to you will be effective when mailed or electronically transmitted to you
at the mailing/email address reflected in our records. Even though we may have provided you
account opening disclosures in a language other than English, we may continue to provide you
with notices/communications in English. Notice to any one owner of an account constitutes
notice to all owners of that account.

Jury Trial Waiver: All actions arising out of this agreement or concerning your account shall
be heard by a judge sitting without a jury.

Events Beyond Our Control: We'll make all reasonable efforts to give you access to your
accounts and accurate information. However, you agree that we're not responsible for any
interruption in service or loss caused by things that are beyond our control, such as natural
disasters, wars, riots, strikes, computer failures, or losses of power, communications or
transportation facilities. We won't be responsible for any direct losses or damages resulting
from use of the account, unless we were negligent or acted in bad faith. We're never responsible
for any indirect, special or consequential losses or damages.

Electronic Fund Transfer Disclosure Statement

The purpose of this disclosure statement is to inform you of your rights under the Electronic
Fund Transfer Act. The electronic funds transfers (EFT) we are capable of handling are indicated
below. Additional services may be provided in the future as they are developed. Please read this
disclosure statement carefully and keep it for future reference. In this disclosure statement, the
words "you" or "your" refer to the depositor and any authorized user(s) of the account. The
words "we," "us," "our," and "Capital One 360" refer to Capital One 360, a division of Capital One,
N.A.

o. ELECTRONIC FUND TRANSFER SERVICESSERVICES. The EFT services that are available to you
when you open certain accounts other than IRA Accounts with us are as follows.
A. Direct deposit of federal government payroll, disability, veteran's benefits, Social
Security and such other federal government payments that you may receive and
that may be deposited to your savings account, when available.
B. Direct deposit of your paycheck to your savings account, provided that your
employer offers direct deposit and you complete any forms required by your
employer.
C. Transfer funds between your eligible Capital One, N.A. accounts and between your
Linked Accounts and your Capital One 360 accounts via the Internet or by calling
our call center.
D. Transfer funds from your Capital One 360 accounts to make payments to your loan
account at Capital One 360 via the Internet or by calling our call center.
E. Any other deposit to your savings account which is handled electronically, such as
an automated clearing house transaction.
F. Cash Withdrawals: You can use your ATM card and PIN at ATMs to obtain cash
withdrawals from your default account. Cash withdrawals may only be made from
your default Savings account at ATMs. Each time you use your ATM card, we may
place a hold on a corresponding amount of funds in your account until the
transaction is posted against your account.
G. Deposit cash and checks by using your ATM card that may be issued to you.

q. CHARGES FOR ELECTRONIC TRANSACTIONS


TRANSACTIONS. We do not charge a fee for our
electronic fund transfer services. We reserve the right to add charges at a later time and
will notify you if we do so as required by law.

r. ACCOUNT TRANSFER LIMITATIONS


LIMITATIONS. You may only transfer funds out of your savings
account(s) up to six (6) times per monthly statement cycle using any combination of our
electronic fund transfer services; no more than three (3) of these transfers may be made
by debit card. You are not limited in the number of transfers that you may make into your
savings account(s). These transfer limitations are imposed to comply with federal law.
s. RECORD OF TRANSACTIONS
TRANSACTIONS.
A. Pre-authorized credits. If you have arranged to have direct deposits to your
account at least once every sixty (60) days from the same person, entity or
company, for example, your employer, you can call us at 1-888-464-0727 or
access our website (www.capitalone.com/bank) through the Internet to find out
whether or not the deposit has been made.
B. Periodic statements for all electronic fund transfers described in this Disclosure.
You may receive a monthly account statement showing the status of your
account(s) and electronic transactions that you made during the past month.
Unless you have a loan with Capital One 360, you may only receive a quarterly
statement if no electronic transactions occur.

t. HOW TO CONTACT US US. If you believe your Password/PIN is no longer secure or


confidential, or that someone has conducted or may conduct an electronic funds transfer
without your permission, please contact us immediately by accessing our website
(www.capitalone.com/bank) through the Internet or calling or writing us at: Capital One
360, PO Box 60, St Cloud MN, 56302-0060, 1-888-464-0727
1-888-464-0727.

u. LIABILITY FOR UNAUTHORIZED TRANSFERSTRANSFERS. CONTACT US IMMEDIATELY if you


believe that an unauthorized transfer has occurred or may occur concerning your
account(s) or that your Password/PIN is no longer secure or confidential or may have been
used without your permission. Telephoning us at 1-888-464-0727 is the best way of
keeping your losses to a minimum. You may also notify us through our website
(www.capitalone.com/bank).

You could lose all the money in your account(s) if you take no action to notify us of the
unauthorized transfer or the loss of security or confidentiality of your Password/PIN. If
you notify us of the loss, your liability for unauthorized transfers will be as follows:
A. If you tell us within two (2) business days that someone else used your
Password/PIN without your permission, you could lose as much as $50.00. If you
do NOT tell us within two (2) business days and we can prove that we could have
prevented the loss had you contacted us, you could lose as much as $500.00.

B. If your monthly statement shows transfers that you did not make and you do NOT
contact us within sixty (60) days a^er the statement was mailed to you or first
became available via electronic means if you elected to receive your statement
electronically, you may not get back any money lost a^er the sixty (60) days if we
can prove that your contacting us would have prevented those losses.

We can extend these time periods if extenuating circumstances (such as a long trip or
hospital stay) kept you from notifying us.

w. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS.


Telephone us at 1-888-464-0727
1-888-464-0727, write to us at Capital One 360, PO Box 60, St Cloud
MN, 56302-0060, or log into your account at capitalone.com and click on the transaction
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 a statement or receipt. We must hear from you no
later than sixty (60) days a^er we sent the FIRST statement on which the problem or error
appeared.

You must provide us with the following information:


A. Tell us your name and account number;
B. Describe the error or the transaction you are unsure about and explain as clearly as
you can why you believe it is an error or why you need more information; and
C. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing
within ten (10) business days to the above address. We will tell you the results of our
investigation within ten (10) business days a^er we hear from you and will correct any
error promptly. If we need more time, we may take up to forty-five (45) days, or ninety
(90) days for foreign-initiated transactions, or new accounts to investigate your complaint
or question. If we decide to do this, we will credit your account within ten (10) business
days for the amount you think is in error, so that you will have use of the money during the
time it takes us to complete our investigation. If we require your written confirmation and
we do not receive your complaint or question in writing within ten (10) business days, we
may not credit your account. For new accounts, we may take up to 20 business days to
credit your account for the amount you think is in error.

If we decide that there is no error, we will send you a written explanation within three (3)
business days a^er we finish our investigation. We may provide you with the results of our
investigation electronically if you have agreed to receive electronic communications from
us. You may ask for copies of the documents we use in our investigation. If we credit your
account with funds while investigating an error, you must repay those funds to us if we
conclude that no error has occurred.
z. PRE-AUTHORIZED PAYMENTS
A. Stop payment procedure. You may not stop payment of an electronic transfer that
is not recurring once you have initiated the transaction. If you informed us, in
advance, to make automatic recurring transfers out of your account, you can stop
any of these transfers by calling us at 1-888-464-0727
1-888-464-0727, writing us at Capital One
360, PO Box 60, St Cloud MN, 56302-0060, or sending us an electronic
communication through the Internet at our website (www.capitalone.com/bank)
We must receive your stop payment request at least three (3) business days before
the transfer is scheduled to be made. When you make the request, you must tell us
your name and account number, the account to which the transfer is scheduled to
be made, specify the exact amount of the transfer you want stopped, and the date
the transfer is scheduled to be made. If you call us, we may require you to put your
request in writing at the above address and to get it to us within fourteen (14) days
a^er you call. If you do not, then your verbal request will expire a^er fourteen (14)
days.

B. Varying amounts. If these regular payments vary in amount, the person you are
paying must tell you ten (10) days before each payment when it will be made and
how much it will be. If you do not know this information, you may be unable to
have the payment stopped without closing your account. (If we are required to
provide this notice, you may choose instead to get this notice only when the
payment would differ by more than a certain amount from the previous payment,
or when the amount would fall outside certain limits that you set.)

C. Liability. If you ordered us to stop one of these transfers three (3) business days or
more before the transfer is scheduled and we do not do so, we will be liable for
your losses or damages, unless you failed to give us proper instructions that would
enable us to stop the transfer. We will not be responsible if our computer system
does not act on your order because you did not give us precise and correct
information. Our liability for losses or damages may be limited to actual damages
that you have sustained if the failure to stop payment was due to a bona fide error,
despite our procedures to avoid such errors.

{. BUSINESS DAYS
DAYS. Our business days include every day other than Saturday, Sunday, or
one of the federal holidays or other days we are closed.

o|. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES PARTIES. We shall disclose


information to third parties about your account or the transfers you make:
A. Where it is necessary to complete transactions;
B. In order to verify the existence and standing of your account with us upon the
request of a third party, such as a credit bureau;
C. In accordance with your written permission;
D. In order to comply with court orders or government or administrative agency
summonses, subpoenas, orders, examinations and escheat reports; and/or
E. On receipt of certification from a federal agency or department that a request for
information is in compliance with the Right to Financial Privacy Act of 1978.

oo. OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSFER TRANSFER. If
we fail to complete a transaction on time or in the correct amount, when properly
instructed by you, we will be liable for damages proximately caused by our failure unless:
A. There are insufficient funds in your account to complete the transaction through no
fault of ours;
B. The funds in your account are unavailable;
C. The funds in your account are subject to legal process;
D. We did not receive a direct deposit instruction;
E. The failure is due to an equipment breakdown that you knew about before you
began a transaction;
F. The failure was caused by an Act of God, fire or other catastrophe, or any other
cause beyond our control despite reasonable precautions that we have taken;
G. Your Password/PIN has been reported lost or stolen or and you are using the
reported/suspended Password/PIN;
H. We have reason to believe that the transaction requested is unauthorized;
I. You attempt to complete a transaction which is not a permissible transaction listed
above; or
J. You did not provide us with the correct account information for those accounts to
which you wished to direct a transfer.

In any case, we shall only be liable for actual proven damages if the failure to make the
transaction resulted from a bona fide error despite our procedures to avoid such errors.

oq. LIMITATION OF OUR LIABILITY


LIABILITY. UNLESS OTHERWISE REQUIRED BY LAW, WE WILL
NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES FROM THE USE OF THE SERVICES
DESCRIBED IN THIS DISCLOSURE STATEMENT INCLUDING DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL LOSSES OR DAMAGES.
WIRE FUNDS TRANSFER DISCLOSURE STATEMENT

In this Wire Funds Transfer Disclosure Statement and Agreement (this "Agreement"), the words
"you" and "your" mean a Total Control Checking, Confidence Savings, or Capital One 360
account owner, and the words "us," "we," and "our" mean Capital One, N.A. This Agreement
defines your responsibilities and our responsibilities with respect to domestic transfers of funds
from your account(s) with us for credit to an account at another financial institution or another
account with us (“Funds Transfers”). You understand that, except as specifically modified by this
Agreement, your account(s) will continue to be governed by the terms and conditions contained
in other agreements and/or disclosures that you have been provided with in connection with
your account(s), which are incorporated herein by reference. Unless otherwise defined herein,
the terms used in this Agreement shall have the same meaning as set forth in Article 4A of the
Uniform Commercial Code and, to the extent applicable, the Electronic Fund Transfer Act (EFTA)
and its implementing regulations.

How to Make a Funds Transfer


Transfer: To send a wire, log in to initiate a wire request (“Funds
Transfer Request”) using our online wire form. If you are not able to initiate the online wire
form, you can request a wire by contacting the Capital One Call Center and having the online
wire option activated to initiate the wire process on our website. You will have the option of
sending a wire transfer to your confirmed linked checking account or a title company. The dollar
limit on wire transfers to a title company is $500,000.00 per day; some exceptions to this limit
may apply. There's no daily dollar limit on wire transfers to your linked account. We may restrict
the use of wire transfers for new accounts and newly added joint account holders.

Method Used to Make the Funds Transfer Transfer: We may select any means for the transmission
of funds that we consider suitable, including but not limited to Fedwire. We may make use of
correspondents, agents, subagents, and funds transfer and communication systems. Such third
parties shall be deemed your agents, and we shall not be liable for any errors, delay, misdelivery,
or failure of delivery by any of them unless applicable law says otherwise.

Cut-Off Times
Times: We have cut-off hours for processing Funds Transfers. If a wire request is
received by 2:00pm ET and verified through our security procedures outlined in the section
below titled “Security Procedures,” funds will be processed the same business day. If it is
received a^er 2:00pm ET and verified through our security procedures, funds may be processed
the next business day. We may treat any Funds Transfer Request received at or a^er our cut-off
time as if it was received that business day, or we may treat it as if it were received at the
opening of the next business day.

Security Procedures
Procedures: You agree and consent to the use of certain security procedures by us to
confirm the validity of the Funds Transfer Request made pursuant to this Agreement. You
understand the security procedures are not designed to detect errors in the content of the
Funds Transfer Request or to prevent duplicate transfers. Some elements of the procedures will
vary, depending upon the method used to initiate a Funds Transfer. You hereby agree that your
utilization of any security procedure established hereunder shall constitute your agreement to
its use and affirmative acknowledgment of its commercial reasonableness. You further agree
that any Funds Transfer Request that is acted upon in good faith by us in compliance with these
security procedures, whether or not in fact authorized by you, shall constitute an authorized
Funds Transfer.

The following security procedures shall apply to this Agreement: Before accepting any such
Funds Transfer Requests, we will: (1) perform verification on the individuals initiating the Funds
Transfer Request that is designed to ensure they are the individuals previously authorized to
initiate a Funds Transfer for the account in question; (2) apply fraud-related screens to the wire
instructions; (3) contact you using information from your account records to verify the Funds
Transfer for wires that are not initiated in person (this contact may be through a method
different than the one you used to request the Funds Transfer (e.g., phone versus e-mail) or it
may be through the same channel to obtain a password or other information that only you
should have); and (4) request and receive any other proof of identification or any other
documentation from you or you’re authorized representative, which we may, in our sole
discretion, require under the circumstances.

Force Majeure
Majeure: We will not be liable for our inability to perform our obligations under this
Agreement when such inability arises out of causes beyond our control, including but not
limited to, any act of God, accident, labor disputes, power failures, system failure, equipment
malfunction, suspension of payment by another bank, refusal or delay by another bank to
accept the funds transfer, war, emergency conditions, fire, earthquake, or the failure of any third
party to provide any electronic or telecommunication service used in connection with the
execution or cancellation of a Funds Transfer.

Inconsistency of Name and Account Number Number: You acknowledge and agree that when you
(or your authorized representative) provide us with a name and account number in order for us
to process a Funds Transfer, payment may be made by the beneficiary's/designated recipient's
bank solely on the basis of the account number, even if the account number identifies a person
different from the beneficiary so named. We or an intermediary bank may send a Funds
Transfer to an intermediary bank or beneficiary's/designated recipient's bank based solely on
the bank identifying number, even if the payment order indicates a different name. We may rely
on all information contained in the Funds Transfer Request, regardless of who may have
provided the information. You further agree that your obligation to pay the amount of a Funds
Transfer to us is not excused in such circumstances. Except as provided by applicable law, any
losses resulting from an incorrect account number or your misidentification of the
beneficiary/designated recipient is your responsibility and not ours.
Acceptance and Execution of Request by Capital One One: A Funds Transfer Request is
considered accepted by us when we execute it. Please refer to the “Cut-Off Times” section for
more details. You can verify whether your Funds Transfer Request has been executed by calling
us at 1-888-464-0727.

Payment to Capital One One: You must pay us the amount of the Funds Transfer, plus any
applicable fees, before we will execute the Funds Transfer Request. Please contact the Call
Center for fees applicable to Funds Transfers and any other related pre-payment disclosures.

Rejection of Funds Transfer


Transfer: We have no responsibility to accept any incoming Funds
Transfer(s) for your benefit. Likewise, we have a right to reject any Funds Transfer Request(s)
for an outgoing Funds Transfer for reasons including, but not limited to, insufficient or
uncollected funds in the account specified in the Funds Transfer Request, a request that fails
the security procedures outlined in the section on Security Procedures, our inability to execute
the Funds Transfer for the reasons set out in the section of this agreement entitled Method
Used to Make the Funds Transfer above, or if we are unable to verify the authenticity of the
Funds Transfer Request. If we stop a domestic outgoing Funds Transfer, we will refund the fee.

Notice of Funds Transfer Not ExecutedExecuted: If we determine, in our sole discretion, not to
honor, execute, or accept a Funds Transfer Request, we will endeavor to notify you, but we shall
have no liability for delay or failure to do so. We will also endeavor to notify you promptly if a
Funds Transfer is returned to us a^er its execution but shall have no liability by reason of our
delay or failure to do so. We shall have no obligation to resend a Funds Transfer if we complied
with the original Funds Transfer Request and such Funds Transfer was returned to us.

Cancellation or Amendment of Funds Transfer Transfer: Once we receive a Funds Transfer Request,
it may not be able to be canceled or amended. However, at our discretion, we may use
reasonable efforts to act on any request for cancellation or amendment, provided that the
method by which we are notified of a request for cancellation or amendment complies with our
security procedures. However, we shall have no liability if such cancellation or amendment is
not effected. You agree to indemnify and hold us harmless from any and all liabilities, claims,
damages, costs, and expenses we may incur in attempting to cancel or amend the Funds
Transfer. Any cancellation or amendment of a Funds Transfer by us shall relieve us of any
obligation to act on the original Funds Transfer Request.

Account Statements
Statements: Except as provided by applicable law, you agree that we are not
required to provide you with a separate notice of incoming or outgoing Funds Transfer. All
Funds Transfers will be reflected on your periodic bank statement. You should review your
statement for any discrepancies, unauthorized transactions, or errors in connection with any
Funds Transfers. Except as otherwise provided herein, if you think a Funds Transfer is wrong or
if you need more information about a Funds Transfer, you must contact us in writing upon
discovery of the error or within fourteen (14) days from the date your statement is postmarked
or otherwise made available to you, whichever is earlier. Failure to do so will relieve us of any
obligation to pay interest on the amount of an unauthorized or erroneous Funds Transfer for
which we are liable. Furthermore, you will also be liable to us for any damages or losses we may
incur as a result of your failure to notify us within the time period stated in this section.

Change in Authorized Representative


Representative: Any changes in the authority of persons authorized
to make a Funds Transfer on your behalf shall not be binding upon us until we have received
written notice from you. The notice must be in a form acceptable to us and be given within a
reasonable period of time for us to act upon the change.

Duty of Reasonable CareCare: We shall exercise good faith and reasonable care in processing
Funds Transfer Requests. You shall similarly exercise good faith and reasonable care in
observing and maintaining security procedures, in communicating Funds Transfer Requests to
us, and in reviewing periodic bank statements for any discrepancies.

Liability of Capital OneOne: We shall be responsible only for performing the Funds Transfer
Service expressly provided for in this Agreement; provided however, we shall be liable only for
our own gross negligence or willful misconduct in performing such service. We shall not be
liable to any third party or for any act or omission of yours or any third party, including, but not
limited to, third parties used by us in executing a Funds Transfer or performing a related act and
no such third party shall be deemed to be our agent. IN NO EVENT SHALL WE BE LIABLE FOR
ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSSES OR EXPENSES
ARISING OUT OF OR IN CONNECTION WITH THE FUNDS TRANSFER SERVICE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SAME. Except as otherwise provided by applicable law,
the maximum period for which we shall be liable for interest on any amount to be refunded or
paid to you with respect to an unauthorized, erroneous, or other Funds Transfer Request is
thirty days.

Interest Compensation
Compensation: In the event we are liable to you for interest compensation under this
Agreement, or applicable law, interest shall be calculated at the average of the federal funds
rate published by the Federal Reserve Bank for the period involved; or at such other rate that
we may agree to, in writing, from time to time.

Liability of the Customer


Customer: Except as otherwise provided by law, you shall be liable for any
loss or damage to which your negligence contributed or which resulted in unauthorized,
fraudulent, or dishonest acts by your current and/or former authorized representatives. Such
liability includes instances when a current or former authorized representative effects one or
more Funds Transfers or improper use of telephone security procedures to effect a Funds
Transfer to your detriment.

Compliance with Anti-Money Laundering and Exchange Control Regulations and


OFAC Enforced Sanctions
Sanctions:
You covenant with us to observe all Anti-Money Laundering and Exchange Control laws
and regulations including economic and trade sanctions promulgated by the Office of
Foreign Assets Control of the U.S. Department of Treasury in relation to any Funds
Transfer, and you will use all reasonable endeavors to assist us to do likewise. In particular,
you covenant that the information given to us by you is accurate. We may disclose any
information given to us that we in our sole discretion think necessary or desirable to
disclose; except we will only disclose confidential information if required by law, a court, or
legal, regulatory, or governmental authority, or as permitted by law in order to combat,
prevent, or investigate issues arising under anti-money laundering laws, economic
sanctions, or criminal law.
Sometimes legal, regulatory, or governmental authorities require additional information,
either in respect of individuals, entities, or particular transactions. You agree to promptly
supply all such information, which any such authority may require, and/or which we may
be required to supply, in relation to the individual, entity, or particular transaction.
If you, or your authorized representative, breach any such laws or regulations, you
irrevocably agree that we may retain any monies or funds transmitted to us pursuant to
this Agreement and/or not fulfill any Funds Transfer Request if we are required to take or
refrain from such action by any legal, regulatory, or governmental authority or if we
reasonably believe that such action may violate any laws or regulations described herein,
and such monies shall not bear interest against us. You further agree that we may pay
such monies to the appropriate legal, regulatory, or governmental authority, if and when
required by law.

Indemnification
Indemnification: In consideration of Capital One agreeing to accept Funds Transfer Requests
in the manner set forth herein, you shall forever indemnify and hold Capital One, its officers,
directors, shareholders, employees, successors, predecessors, representatives, principals,
agents, assigns, parents, subsidiaries and/or insurers harmless from and against all liability,
claims, damages, costs, claims, or expenses (including reasonable attorneys' fees) that we may
incur without regard to the merit or lack thereof, arising out of, or related in any way to the
matters set forth herein, or to the Funds Transfer Service, which shall be provided pursuant to
the terms of this Agreement. Your agreement to indemnify us and hold us harmless shall
survive the expiration and/or termination of this Agreement and all provisions contained herein.

Recording of Communication
Communication: You agree that all telephone conversations made in
connection with the Agreement may be recorded and retained by us.

Termination of Agreement
Agreement: We may terminate the right to make Funds Transfers at any time
or amend or change the terms of this Agreement or cancel this Agreement without advance
notice to you.

Agreement Controls
Controls: Both you and Capital One will be bound by this Agreement. If there is a
conflict between this Agreement and something said by one of our employees, you agree that
this Agreement controls. This Agreement and the terms of the Account Agreement(s) related to
your deposit accounts, which are incorporated herein by reference, constitute the entire
Agreement between you and us regarding your use of the Funds Transfer Service. If any
inconsistency exists between the account disclosure statements and agreement(s) and this
Agreement, then the terms of this Agreement shall control. No representation or statement not
expressly contained in this Agreement or in any amendment hereto shall be binding upon you
or us.

Governing LawLaw: All actions arising out of or concerning the Funds Transfer Service or these
terms and conditions shall be heard by a judge sitting without a jury. In any such action, Capital
One shall be entitled to its reasonable attorneys' fees. The Funds Transfer Service and these
terms and conditions shall be governed by the internal laws of the State of Delaware without
regard to its conflicts of rules and the laws of the United States.

Severability
Severability: In the event that any court or tribunal of competent jurisdiction determines that
any provision of the Agreement is illegal, invalid, or unenforceable, the remainder of this
Agreement shall not be affected thereby.

Privacy Policy

Rev. 07/2017
BR402832
RV600273
M-122663

WHAT DOES CAPITAL ONE®


FACTS
DO WITH YOUR PERSONAL INFORMATION?

Financial companies choose how they share your personal information. Federal law
gives consumers the right to limit some but not all sharing. Federal law also requires
Why?
us to tell you how we collect, share, and protect your personal information. Please
read this notice carefully to understand what we do.

The types of personal information we collect and share depend on the product or
service you have with us. This information can include:

Social Security number and income


What?
Account balances and payment history

Account transactions and credit card or other debt


All financial companies need to share customers' personal information to run their
everyday business. In the section below, we list the reasons financial companies can
How?
share their customers' personal information; the reasons Capital One chooses to
share; and whether you can limit this sharing.

Does Can you


Capital limit
Reasons we can share your personal information
One this
Share? sharing?

For our everyday business purposes – such as to process your


transactions, maintain your account(s), respond to court orders and YES NO
legal investigations, or report to credit bureaus

For our marketing purposes – to offer our products and services


YES NO
to you

For joint marketing with other financial companies YES NO


For our affiliates' everyday business purposes – information
YES NO
about your transactions and experiences

For our affiliates' everyday business purposes – information


YES YES
about your creditworthiness

For our affiliates to market to you YES YES


For nonaffiliates to market to you YES YES

Call us toll free at 1-888-817-2970 and one of our representatives will


update your privacy choices.

To limit Please note: If you are new customer, we can begin sharing your
our information 30 days from the date we sent this notice. If you’re an
sharing existing customer and have opted out previously, you don’t need to
update your privacy choices again. When you are no longer our
customer, we continue to share your information as described in this
notice.

However, you can contact us at any time to limit our sharing.


Questions? Go to www.capitalone.com/contact

Who we are
Who is Our affiliates include financial companies with the Capital One, Chevy Chase,
providing Onyx, Paribus, and Greenpoint names, such as Capital One Bank (USA), National
this Association; and Capital One, National Association.
notice?

What we do
To protect your personal information from unauthorized access
How does Capital One
and use, we use security measures that comply with federal
protect my personal
law. These measures include computer safeguards and secured
information?
files and buildings.

We collect your personal information, for example, when you

Open an account or deposit money


How does Capital One Pay your bills or apply for a loan
collect my personal
information? Use your credit or debit card

We also collect your personal information from others, such as


credit bureaus, affiliates, or other companies.

Federal law gives you the right to limit only

Sharing for affiliates' everyday business purposes –


information about your creditworthiness

Why can't I limit all Affiliates from using your information to market to you
sharing? Sharing for nonaffiliates to market to you

State laws and individual companies may give you additional


rights to limit sharing. See below for more on your rights under
state law.

What happens when I Your choices will apply to everyone on your account.
limit sharing for an
account I hold jointly
with someone else?

Definitions
Companies related by common ownership or control. They can be financial
and nonfinancial companies.

Affiliates Our affiliates include financial companies with the Capital One, Chevy
Chase, Onyx, and Greenpoint names, such as Capital One Bank (USA),
National Association; and Capital One, National Association.

Companies not related by common ownership or control. They can be financial


and nonfinancial companies.

Nonaffiliates
Nonaffiliates we share with can include insurance companies, service
providers, co-branded partners, retailers, data processors, and advertisers.

A formal agreement between nonaffiliated financial companies that together


market financial products or services to you.
Joint
marketing Our joint marketing partners include companies such as other banks and
insurance companies.

Other important information


CA and VT Residents: We will not share your information with companies outside of Capital
One, except for our everyday business purposes, for marketing our products and services to
you, or with your consent.

VT Residents only
only: We will not disclose credit information about you within or outside the
Capital One family of companies except as required or permitted by law.

NV Residents: Notice provided pursuant to state law. To be placed on our internal Do Not
Call List, call 1-888-817-2970
1-888-817-2970. If you would like more information about telemarketing
practices, you may contact us at Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285 or
webinfo@capitalone.com. For more on this Nevada law, contact Bureau of Consumer
Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las
Vegas, NV 89101; Phone number: 1-702-486-3132
1-702-486-3132; e-mail: BCPINFO@ag.state.nv.us.

Telephone Communications: All telephone communications with us or our authorized


agents may be monitored or recorded.
© 2018 Capital One. Capital One is a federally registered service mark. All rights reserved.

And Finally! Wow, that was a lot of reading. Congratulations for finishing this! Now
you are 100% ready to save your money like never before. Welcome to Capital One
360.

Close Window

S-ar putea să vă placă și