This External Funds Transfer Authorization and Agreement (the "Agreement") states the conditions for the electronic funds transfer service to and from non-Capital One accounts (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 by the terms of this Agreement. These terms and conditions are in addition to those terms and conditions outlined in the Online Banking Terms and Conditions 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 Banking Terms and Conditions, the Online Banking Terms and Conditions 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.
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 accounts that are 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.
Whenever other capitalized terms are used in this Agreement, they shall have the meaning ascribed to them in the Online Banking Terms and Conditions.
EXTERNAL FUNDS TRANSFERS
Within Online Banking you may separately enroll for the option of transferring funds between your linked personal deposit accounts at Capital One and certain deposit or investment accounts (checking, savings, or money market accounts) at other financial institutions. An Inbound transfer moves funds into an account at Capital One from an account outside Capital One. An Outbound transfer moves funds from an account at Capital One to an account outside Capital One. You will need to register each of your non-Capital One accounts that you wish to use for these transfers. You agree that you will only attempt to register accounts for which you have the authority to transfer funds. Capital One will post inbound transfers to your account on the "Deliver By" date. For outbound transfers, your funds will be debited on the business day following the "Send On" date and arrive at your external financial institution on the "Deliver By" date. Consult your external financial institution for details on when funds will post to your account.
For transfers into a Capital One Bank retail account, the funds may not be available until the third business day after the "Deliver By" date. For transfers into Capital One Direct Banking accounts, the funds will become available in accordance with the terms of your Account Agreement.
|Standard Transfers||7:00 p.m. ET|
|Next Day Transfers||7:00 p.m. ET|
Any transfer made after the cut-off time will be initiated the next business day.
Modifying or Cancelling Transfers:
Pending transfer instructions can be cancelled or modified until the status changes to "In Process." Instructions cannot be cancelled or modified after cut-off time for the transfer date.
There is no fee to initiate inbound or outbound external funds transfers.
We may change our fee schedule at any time. If we make a change, you will be notified in writing as required by applicable law. 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.
Transfer limits are defined at enrollment to the service. These daily and monthly dollar limits apply to the total of all transfers for all accounts linked to the user profile. Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day. A transfer remains "In Process" until fully processed and it will appear as "In Process" on your Transfer Funds tab within Online Banking. Standard transfers typically remain "In Process" until the close of the third business day after the transfer is initiated.
We may change your transfer limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits without prior notice upon occurrence of a Disqualifying Event.
- Any of your accounts with Capital One are not current or are not in good standing.
- You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Capital One account during the current or three prior calendar months.
- You have had any prior transfer to or from a non-Capital One accounts canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.
Capital One will periodically send messages to your primary e-mail address during the external funds transfer process. These messages will provide information pertaining to the trial deposit process, confirm account linkages, and contain status updates for transfers in progress. Primary e-mail address is defined in Online Banking and you are responsible for updating the address should it change. E-mail messages regarding the funds transfer process do not contain any non-public personal information and cannot be suppressed.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
Please tell us AT ONCE if you believe your password has been lost or stolen. Contacting us by telephone is the best way of keeping your losses down. You could lose all the money in your Account. If you believe your password has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50 if someone used your password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your password, and we can prove we could have stopped someone from using your password without your permission if you had told us, you could lose as much as $500. Also, please tell us AT ONCE if your statement shows electronic fund transfers that you did not make. Telephoning is the best way of keeping your possible losses down. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. Your role is extremely important in the prevention of any wrongful use of your Account. You must promptly examine your Account statement upon receipt. If you believe that your password has been lost or stolen or you find that our records and your records disagree, you must call us at 1-877-442-3764, or write to us at P.O. 152402 Irving, Texas 75015 ATTN: Customer Service. PLEASE DO NOT NOTIFY US BY E-MAIL.
CHOICE OF LAW
We may accept, on your behalf, payments to your account that are not subject to the Electronic Funds Transfer Act ("Regulation E"). Your rights and obligations with respect to such transfers shall be governed and construed in accordance with Office of the Comptroller of the Currency Regulation J, Subpart B-Funds Transfers through Fedwire, and the applicable Office of the Comptroller of the Currency Operating Circular. Electronic transfers sent or received via automated clearing house are subject to the rules of the National Automated Clearing House Association ("NACHA"). Where none of the above stated rules apply, the transactions contemplated by this agreement shall be governed by the applicable provisions of the Online Banking Terms and Conditions.
OUR LIABILITY FOR FAILURE TO COMPLETE TRANSFERS
If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable: (i) if, through no fault of ours, you do not have enough money in your Account to make the transfer; (ii) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or If we are ever obligated by law to pay interest on the amount of a transfer, you will be paid interest on a daily basis equal to the current annual percentage rate that is otherwise applicable to the account from which the funds transfer should have occurred; (iii) for any other reason stated elsewhere in this Agreement. In the event we are ever liable to you for damages due to a transfer, your damages will be limited to actual damages only. We will not be responsible for incidental or consequential damages, court costs or attorneys' fees.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
Telephone us at 1-877-442-3764, or write to us at P.O. Box 152402 Irving, Texas 75015 ATTN: Customer Service, 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. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. 1. Tell us your name and Account number. 2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 3. Tell us the dollar amount of the suspected error. If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 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 us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Account. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your Account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
We have the right to change this Agreement, including the fees and charges applicable to this service at any time, which changes may include the addition of new charges or terms. If we make changes, you will be notified as required by applicable law.