Online Bill Pay — Authorization and Agreement

This Online Bill Payment Authorization and Agreement (the "Agreement") states the conditions for the Online Bill Payment service (the "Service") that will enable you to perform the transactions described in this Agreement. When you use, or permit Authorized Persons to use, the Services, you agree to be bound the terms of this Agreement. These terms and conditions are in addition to those terms and conditions outlined in the Online Access to Banking Services Agreement and those that apply to any account you have with us. If the terms and conditions of this Agreement conflict with the terms and conditions contained in the Online Access to Banking Services Agreement, the Online Access to Banking Services Agreement will control. By clicking on the button by which you elect to enroll in the Service, you acknowledge that you have read, understand and agree to the terms in this Agreement.

1. DEFINITIONS

Throughout this Agreement, the words "Capital One", "we", "us" or "our" mean, collectively, Capital One Financial Corporation, its subsidiaries and affiliates (including, without limitation, Capital One, N.A., Capital One Bank (USA), N.A, and Capital One Auto Finance) and all of their respective successors or assigns. "You" or "your" mean each Authorized Person who has an interest in the Online Bill Payment Account which is accessible through the Service. Whenever "you" is more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several and solidary wherever appropriate.

"Servicer" means CheckFree, the Online Bill Payment interface between you and us. "Online Bill Payment Account" is your Capital One deposit account from which bill payments will be debited.
Whenever other capitalized terms are used in this Agreement, they shall have the meaning ascribed to them in the Online Access to Banking Services Agreement.

2. USING THE SERVICE AND GENERAL AUTHORIZATION

You authorize us to process the transactions permitted under this Agreement for you as requested by you from time to time, and you authorize us to post transactions to your account(s) as directed.

You may request a payment be delivered one time, or on an automatic recurring basis in such manner as you direct.

We reserve the right to refuse payment to any Payee to which you may direct a payment. We will notify you promptly if we decide to refuse to pay a Payee designated by you. The notification is not required, however, if you attempt to make a payment under the section(s) titled "Prohibited Payments" of this Agreement.

You authorize us to debit your account(s) for any and all fees for the additional services (as described below) you have chosen to utilize.

3. WITHDRAWAL OF FUNDS FOR BILL PAYMENT AND PAYMENT OF FEES

You have the option of selecting from which one of your deposit accounts the Service will withdraw funds for bill payments. We may assess fees, for which you shall be liable, in the event we provide to you, upon your request, any one or more of the following additional services, or other additional services for which fees are charged:

• Provision of copies of checks which have cleared your account and have been paid;
• Stop payment orders for bill payments processed but not yet paid from your Online Bill Payment Account;
• Manually issuing a check upon your special request

Cancellation of the services for which fees are charged does not release you from liability for any and all fees assessed by us but not yet paid prior to your cancellation of such service. You understand the dollar amount of these fees is published in the Capital One Fee Schedule available at any Capital One banking office, via an e-mail request, or by calling Customer Service at 1-877-442-3764.

4. PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE

By providing us with names and account information of Payees to whom you wish to direct payments, you authorize us to follow your payment instructions. In order to process payments more efficiently and effectively, we may edit or alter payment data or data formats in accordance with instructions we receive from your designated Payees.

Our receipt of your bill payment instructions authorizes us to debit your Online Bill Payment Account and to remit funds on your behalf to the designated Payee. We will perform the Service in such a manner as to allow funds to arrive at the designated Payee's location as near as reasonably possible to the Scheduled Deliver By date designated by you. You also authorize us to credit your Online Bill Payment Account for payments returned to us by the United States Postal Service or any Payee, or for payments remitted to you on behalf of another Authorized Person of the Service.

We shall use reasonable efforts to properly and timely make all your payments. However, you agree that we shall incur no liability, and any Service Guarantee shall be void, if we are unable to complete any payments initiated by you because of the existence of any one or more of the circumstances set forth in the section titled "Our Responsibility for Bill Payment and Funds Transfers" of the Online Access to Banking Services Agreement.

Provided none of the aforementioned circumstances is applicable, if we cause an incorrect amount of funds to be removed from your Online Bill Payment Account or cause funds from your Online Bill Payment Account to be directed to a Payee which does not comply with your payment instructions, you understand and we agree, that we shall be responsible for returning the improperly transferred funds to your Online Bill Payment Account, and for directing to the proper Payee any previously misdirected transactions, and, if applicable, we shall reimburse you for any resulting late payment related charges you have incurred up to $50.00.

If a payment posts after its Scheduled Deliver By date because the Payee(s) failed to credit your payment promptly after receipt, but you scheduled the payment in accordance with this Agreement and none of the other exceptions set forth in the section titled "Our Responsibility for Bill Payment and Funds Transfers" of the Online Access to Banking Services Agreement exist, we will assist you and your Payee(s) in attempting to resolve any delayed payment issues.

5. PAYMENT SCHEDULING

You understand and agree that it is your responsibility to authorize bill payments in such a manner that the bills will be paid on time and that the Payee will receive your payment no later than the Due Date on the statement provided to you by the Payee.

The Service will default to the earliest Scheduled Deliver By date for each Payee. Depending on the Payee, your payment may be scheduled with a Due Date of the next business day or it may be scheduled with a Due Date between two (2) and four (4) business days from the date that you set up the payment.

You understand that we begin processing bill payment instructions either same day or between one (1) and three (3) business days prior to the Scheduled Deliver By date, depending on the particular payment. Once the Service has begun processing a payment you will no longer have the option to cancel or modify payment instructions.

Bill payments scheduled prior to 4:00 p.m. CST or CDT on a Business Day will be processed on the same Business Day. Bill payment requests initiated after 4:00 p.m. CST or CDT will be processed the following Business Day. Recurring payments that occur on a weekend or Federal Holiday will be scheduled for the last Business Day prior to the weekend or Federal Holiday.

You understand and agree that you must select a Scheduled Deliver By date that is a date absolutely no later than the Due Date posted on the statement given to you by the Payee. If the Due Date falls on a day which is not a Business Day, you further understand and agree that your Scheduled Deliver By date must be at least one (1) Business Day before the Due Date. You understand that Scheduled Deliver By dates must be dates prior to any "Late Date" and/or "Grace Period" provided on the statement given to you by the Payee.

6. ELECTRONIC BILLS (eBills)

The Services eBills feature enables you to receive electronic bills from participating Payees.

A separate registration is required for each participating Payee. Participating Payees establish their own criteria for reviewing request to receive eBills and have sole discretion to accept or decline your request.

You understand that as part of your registration in eBills, your Payee will require certain login information pertaining to you or your account with the Payee. Capital One will forward your login information to your Payee so that your identity can be authenticated and your payment information can be displayed in your online Capital One e-Bill account. If you have questions about the use or security of your information, please read Capital One's Privacy Notice posted at capitalone.com. If you have questions around how the Payee collects or uses personal information, please contact your Payee directly. In some cases, e-Bill data is retrieved from direct feeds from the Payee to our Bill Pay Service provider. In other cases, we obtain the e-Bill from the web site of the Payee. In these cases, we will ask you to provide any required information to access the Payee's web site, such as your user name and/or password. You understand and agree that this information will be saved and encrypted in order to continue to retrieve your billing information for each billing cycle. You further understand that by providing this information, you authorize us to access the third party web site to retrieve the account information on your behalf.

You understand that the e-Bill service is dependent upon delivery of your billing information from your Payee. You agree to hold Capital One harmless should the Payee fail to deliver your e-Bill statement(s). You are responsible for ensuring timely payments of all bills. If you do not receive a bill, it is your responsibility to contact the Payee directly.

The Service is not responsible for the accuracy of your eBill(s). The Service is only responsible for presenting the information we receive from the Payee. Any questions or disputes regarding the accuracy of your bill details must be directed to the Payee.

You may schedule one-time, recurring or automatic payments to your e-Bill enabled Payees. An automatic payment is different than a recurring payment in that the amount of your payment may change from billing cycle to billing cycle.

You may cancel electronic bill presentment at any time. The timeframe for cancellation of eBills may vary from Payee to Payee. It may take up to five (5) business days to process your e-Bill cancellation request. The Payee also reserves the right to cancel the presentment of eBills at any time.

7. PAYMENT METHODS

You understand that we reserve the right to select the method by which to remit funds to your designated Payee(s). The date your Online Bill Payment Account will be debited will vary depending on the payment method. These payment methods may include, but may not be limited to:

• An electronic payment: These payments will be electronically debited from your Online Bill Payment Account on the Scheduled Deliver By date, unless the Scheduled Deliver By date falls on a non-Business Day in which case funds will be debited on the previous Business Day, and will be electronically forwarded to your Payee(s).
• An electronic to check payment: These payments will be forwarded to your Payee(s) via cashier's checks to be received by the Scheduled Deliver By date and will be electronically debited from your Online Bill Payment Account on the Scheduled Deliver By date, unless the Scheduled Deliver By date falls on a non-Business Day in which case funds will be debited on the previous Business Day.
• A laser draft payment: These payments will be forwarded to your Payee(s) via draft drawn on your Online Bill Payment Account to be received by the Scheduled Deliver By date. The funds will be debited from your Online Bill Payment Account once your Payee receives and processes the draft. Your designated Payee may receive a payment via paper check. You understand it is possible that, because of the timing of the mail, the Payee may receive the check before a Scheduled Deliver By date. In such circumstances the check will be treated as a "post-dated check." Post-dated checks can be negotiated and paid or can be rejected prior to the Scheduled Deliver By date.

8. ONLINE BILL PAYMENT SERVICE GUARANTEE

Due to circumstances beyond our control including, but not limited to, delays in handling and posting payments by Payees or other financial institutions, you understand that some transactions may take longer than normal to be credited to your account with a Payee. You understand we will bear responsibility for any late payment related charges, which have not been waived by the Payee, up to $50.00, provided: you schedule an online bill payment with a Scheduled Deliver By date in accordance with the section under this Agreement titled "Payment Scheduling"; none of the exceptions set forth in the section titled "Our Responsibility for Bill Payment and Funds Transfers" of the Online Access to Banking Services Agreement exist; the payment is not an Exception Payment; and you otherwise comply with this Agreement.

9. PAYMENT CANCELLATION

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions found within the Help pages on the Payment Activity page of the Service and will not incur a charge for canceling or editing a Scheduled Payment prior to being processed by us. You understand and agree that once we have begun processing a payment it cannot be cancelled or edited. In such circumstances, you must submit a stop payment request to us.

You should keep your bill payment accounts open and active. Should your bill pay eligible checking accounts close, your Online Bill Pay services will end and any unprocessed Outgoing Payment transactions will be cancelled. Cancellation of your Online Bill Payment transactions may take up to five (5) business days from the processing date of a payment scheduled from your closed checking account. Outgoing Payments scheduled through Online Bill Payment from the closed bill pay eligible checking account may be processed, depending on proximity to the Scheduled Deliver By date.

10. STOP PAYMENT REQUESTS

You understand our ability to process a stop payment request will depend on the payment method and whether or not a payment has cleared your Online Bill Payment Account. You understand we may not have a reasonable opportunity within which to act on any stop payment request after we have already processed a payment. If you desire to stop any payment that has already been processed but has not yet cleared your Online Bill Payment Account, you must contact Capital One Customer Service through a secure e-mail message through the Service or by calling Customer Service at 1-877-442-3764. You understand and agree that we will have no liability for failing to accommodate a stop payment request. We may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as stated in our Fee Schedule.

11. PROHIBITED PAYMENTS

We cannot schedule Bill Payments to Payees located outside the United States or any of its territories, any single payment or aggregate payments in a single day greater than $99,999.99 or payments otherwise prohibited by law.

12. EXCEPTION PAYMENTS

You understand and agree that the following payments may be scheduled through the Service but that such payments are discouraged and must be scheduled at your own risk:

• Court-ordered payments (such as, but not limited to, child support payments or traffic tickets)
• Tax payments and other governmental fees
• Payments to settle securities purchases
• Transactions authorizing transfers to interest bearing or deposit accounts at a financial institution

In no event shall we be liable for any claims or damages resulting from your requesting and scheduling these types of payments. The Online Bill Payment Service Guarantee, as it applies to any late payment related charges, is void when these types of payments are scheduled and/or processed through the use of the Service. We have no obligation to research or resolve any claim resulting from your scheduling one of these types of payments. All research and resolution for any misapplied, misposted or misdirected payments will be your sole responsibility.

13. INFORMATION AUTHORIZATION

You understand that you are not completely enrolled in the Service until the Servicer verifies your identity and obtains other necessary information. By enrolling in the Service, you agree that the Servicer may request a review of your credit file and/or credit report, through the use of a consumer reporting agency. You shall not incur a cost for this credit review. In order to resolve payment-posting issues, you authorize the Servicer to gather any and all reasonably necessary financial information from your Payee(s) or financial institution(s) regarding your payment(s).