12/5/2018

OVERVIEW

When you see the words "you" and "your," they mean each person who owns an account who is legally entitled to manage an account. The words "the bank," "our," "us," "we," and "Capital One" mean Capital One, N.A. "Overdraft Services" means your options for overdraft service, including Auto-Decline, Free Savings Transfer, and Next Day Grace.

Please understand that when you submit an application, open an account, or use our services, you agree to be bound by these terms.

TOTAL CONTROL CHECKING DISCLOSURE

Initial Deposit Requirement: There is no minimum deposit required. You can open the account with any amount you wish up to the max allowed.

Fees: The following fees may be charged to your account:

• Monthly cycle service fee
Fee will be waived if you have at least one deposit in the amount of $250.00 or more to the account each statement cycle; or the average daily balance in the account for the monthly statement cycle is $300.00 or more. If a fee is assessed, it will be posted in the next statement cycle

$8.95
• Withdrawing money at a non-Capital One ATM $2.00
• Withdrawing money at an international ATM (outside of the United States, Puerto Rico, and the U.S. Virgin Islands) $2.00, plus 3% of the total transaction amount
• Cashier's check purchased in-person at a Capital One location $10.00
• Cashier's checks purchased online (overnight delivery) $20.00
• Stop payment on a check drawn on your account $25.00
• Physical check sent via courier to a third party on your behalf $20.00
• Expedited delivery of a debit card $25.00
• Non-sufficient funds (NSF) fee
Charged if a check is presented to us for payment and returned unpaid because you did not have enough money in your account (or in overdraft protection) to cover the check
$9.00
• If you are enrolled in Next Day Grace, overdraft fee per transaction $35.00
• 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 $0.00
• A statement copy charge of $5 per statement will be charged for statements generated within the last 2 years $5.00
• Checkbook (fees may change at any time) $5.00


Transaction Limitations*:

  • Any one "Bill Pay," "Mail a Check," or Cashier's Check cannot exceed $100,000.00.

  • The "Send Money with Zelle" (person-to-person transfers) transactions are subject to limits on the amount and frequency of transfers to and from your account. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, including protecting you and all other users of the service. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the service and may be modified at our sole discretion without advance notice.

  • We may limit, refuse or return all or any part of a deposit without prior notice to you. Also, we reserve the right to return any deposit to you that causes the combined balance of your Total Control Checking, Confidence Savings, and 360 accounts with us (including any jointly owned) to exceed $5,000,000.

* Effective 1/9/2018 the following changes will apply to your account:

  • Automated Clearing House (ACH) External Transfer transactions are subject to limits on the dollar amount of electronic transfers between your account and external accounts at other financial institutions. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. Based on confidential fraud and essential risk criteria, they may be modified at our discretion without advance notice.

TOTAL CONTROL CHECKING AGREEMENT

The Total Control Checking Agreement includes our Electronic Fund Transfer Disclosure Statement ("EFT Disclosure") (collectively, "Agreement"). You need to read this agreement and hold onto it in case you have any questions down the road. Please understand that by applying for Total Control Checking and/or using its features, you're agreeing to be bound by the terms of this Agreement, in addition to any other agreements you have entered into with us. You can have up to three separate Total Control Checking accounts. If this is your first Total Control Checking account, you're requesting that we automatically issue a debit card (the "Card") to you, and we’ll automatically link each additional Total Control Checking account to the debit card.

ELIGIBLE CUSTOMERS: To be eligible for Total Control Checking, you must (a) be a United States citizen or lawful permanent resident, (b) have a physical address in the U.S. or have an APO or FPO military address, (c) be at least 18 years old, and (d) have a valid Social Security number. Individual Taxpayer Identification Numbers (ITINs) are acceptable for account opening in certain Branches.

You must also be a paperless Customer. That means that (i) you must provide us with your current email address, and update us of any changes; and (ii) you must agree to accept electronic delivery of all disclosures and communications (like end-of-year tax forms and electronic statements) that we send you.

ACCOUNT TYPE/ACCOUNT OPENING: Total Control Checking is a demand deposit checking account that generally allows you to withdraw your money without advance notice to us.

Your Total Control Checking account won't be considered "opened" until it's funded. This means your balance must be at least a penny.

CONSUMER REPORTS: We may request a consumer (credit) report in connection with your account(s). Upon your request, you will be informed whether or not a consumer (credit) report was requested, and if such report was requested, informed of the name and address of the consumer (credit) reporting agency that furnished the report. We may also request subsequent consumer (credit) reports for all legitimate purposes in connection with updating, renewing, reviewing, modifying, and/or taking collection action on your account(s).

REPORTING INFORMATION TO CONSUMER REPORTING AGENCIES AND CHECK VERIFICATIONS SYSTEMS: We may report information about your account to consumer reporting agencies and/or check verification systems. Defaults on your account may be reflected in your consumer report. This could affect your ability to open accounts in the future. In the event we report your account to a check verification system, you acknowledge that even if you pay us all amounts owed, we are not required to remove an accurate report of account mishandling from any such check verification system.

TYPES OF ACCOUNT OWNERSHIP

  • Individual Account. This type of account is owned by one person and only that person can transfer or take money out of the account.

  • Joint Account. This type of account is owned by two people and all deposits made into the account are owned by both people. The owners of the account are considered to be "joint tenants" with right of survivorship. 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). Any owner of the account may: 1) tell us to pay a person or company; 2) withdraw, transfer funds, or close the account without the other owner's consent; 3) pledge the account to us as collateral for a debt owed to us; or 4) deposit checks payable to any joint owner. Each of you can enter a stop payment order on any payments or other orders of withdrawal authorized by either of you.

    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.

    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.

  • “Payable on Death” (POD): You may designate an individual or joint account to be payable upon your death to a designated beneficiary or beneficiaries. Only an individual may be designated as a beneficiary. POD accounts are also known as “In Trust For” (ITF)”, “As Trustee For” (ATF), “Transfer on Death” (TOD) or “Totten Trust” account and are governed by applicable state laws and regulations. You are solely responsible for meeting the requirements for establishing your account as a POD, including any titling requirements.

    During your life, the funds in the account belong to you and, until your death, or if there are co-owners, upon the death of the last co-owner, the beneficiary(ies) have no interest in the account and cannot perform transactions on the account. You may withdraw all or part of the account balance, close the account, remove or add POD beneficiaries or change the account type or ownership. Upon the death of all owners, we will distribute the then remaining funds to such of the beneficiaries as shall be then-living, in equal shares, subject to our right to charge the account for any amount a deceased owner, co-owner or POD beneficiary owes us; if any beneficiary is under the age of 18 years at the time he would be entitled to receive property under the terms of the previous provision, we will pay such person’s share to any person who is the statutory or court-appointed custodian for the benefit of such person.

CONNECTING ACCOUNTS: If you have more than one eligible Capital One account, we will automatically "connect" your eligible accounts so they appear when you are 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. People with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.

DEPOSITS: Any transaction that you conduct on Saturday, Sunday, a federal holiday, or other days on which we are closed will be handled the following business day. Once your account is officially "open," funds will be available according to our Total Control Checking funds availability schedule.

If a check or other deposit is returned to us unpaid or is otherwise charged back to us, we will deduct the amount of the check/deposit from your account. If the check was deposited into Total Control Checking and multiple other Capital One accounts, we will debit your Total Control Checking for the full amount. If the debit creates an overdraft in your account and you have enrolled in Free Savings Transfer, this may result in a transfer.

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.

WITHDRAWALS AND TRANSFERS Generally, you can withdraw or transfer money from your Total Control Checking by 1) using our website; 2) using the Card we give you to make withdrawals at ATMs and points of sale ("POS"); 3) using Checkbooks; 4) Send a Check or 5) calling us. You can also transfer money between linked Total Control Checking and Confidence Savings accounts at a Capital One ATM terminal. We may limit, refuse, or return any withdrawal or transfer of funds from your checking account that is made in a manner not permitted by us. External transfers using the Transfer Money feature will take up to 3 business days to transfer. If you want more detailed information regarding electronic transfer times, see the Electronic Fund Transfer Disclosure Statement.

FOR YOUR PROTECTION: We reserve the right to contact you to obtain confirmation of any instruction before processing it. However, we're not required to confirm any instruction that looks like it was made by you, and we won't be liable if we don't contact you. We're also not required to confirm the actual identity or authority of anyone who uses your password or a personal identification number ("PIN") or any account access device we gave you (such as the Card) (collectively, "E-Identification").

STATEMENTS: As required by law, we'll provide you with a statement at least 4 times a year and monthly if you have activity on your account. 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.

TOTAL CONTROL CHECKING FEATURES

Now, here‘s the REALLY interesting stuff...

You can use Total Control Checking to instruct us to (i) pay bills subject to the terms below; and (ii) mail or overnight a cashier's check on your behalf to any person or business in the U.S. except U.S. territories. You can also use our "Send Money with Zelle" feature to make a payment to another person. You authorize us to follow your payment instructions and we reserve the right, at our sole discretion and without notice, to refuse to pay a bill, mail or overnight a cashier's check, perform a "Send Money with Zelle" transaction or otherwise transfer money for security, credit, legal/regulatory or other reasons, and to refuse to honor payment or transfer requests that appear to be fraudulent or erroneous.

BILL PAY FEATURE

You can use Total Control Checking‘s Bill Pay Feature ("Bill Pay") to pay bills as explained in this section of the Total Control Checking Agreement. You can make current, future, one-time, and recurring bill payments to Billers. You may also receive electronic bills from a Biller to help you keep organized and cut down on your mail. You use Bill Pay by providing a Payment Instruction to us for a bill payment to be made to a Biller (for example, the Biller‘s name, account number, and Send on Date). Keep in mind, all bill payments and any Bill Pay charges will be automatically debited from your Total Control Checking.

Please remember that you can only make payments to Billers with mailing addresses in one of the 50 United States or with military addresses (APO or FPO). We reserve the right to refuse to pay any Biller. Don‘t worry though, we‘ll notify you promptly if we decide to refuse to pay a Biller. This notification is not required if you attempt to make a prohibited payment or an Exception Payment. Please understand that Billers and/or the US Postal Service may return payments to us for various reasons such as expired addresses, invalid account numbers, the inability of the Biller to locate your account; or your account being paid in full. We promise to attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Total Control Checking.

Definitions

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Due Date" is the date on which payment to a Biller is due as reflected on the billing statement that you receive from that Biller. It is not the late payment date or the date beginning or a date during any grace period.

"Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).

"Payment Account" means any transaction account designated by you from which payments will be made through the bill payment features of the Services, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. For further information, please contact your Account Officer or Online Banking Customer Service at 1-877-383-4802.

"Payment Instruction" is the information provided for a payment to be made under the Online Bill Pay Service, which includes the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment, unless the Scheduled Payment Date falls on a non-Business Day in which case the Scheduled Payment Date will be considered to be the previous Business Day.

"Scheduled Payment" is a payment that has been scheduled through the Services but has not been processed.

"Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

General Authorization

We are offering you Online Banking through one or more Service Providers that we have engaged to render some or all of the Services to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party for the regulatory responsibility that extends with the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.

You authorize us and our Service Providers to process the transactions permitted under this Agreement for you as requested by you from time to time, and you authorize us and our Service Providers 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 Biller to which you may direct a payment. We will notify you promptly if we decide to refuse to pay a Biller 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 and our Service Providers to debit your account(s) for any and all fees for the additional services (as described below) you have chosen to utilize.

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 email request, or by calling Customer Service at 1-866-464-0727.

Payment Authorization and Payment Remittance

By providing us with names and account information of Billers 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 Billers.

Our receipt of your bill payment instructions authorizes us to debit your Payment Account and remit funds on your behalf to the designated Biller to allow the funds to arrive at the designated Biller's location as near as reasonably possible to the Scheduled Payment Date designated by you. You also authorize us to credit your Payment Account for payments returned to us by the United States Postal Service or any Biller, or for payments remitted to you on behalf of another Authorized Person of the Service.

We will attempt to properly and timely make all your payments. However, you agree that we shall incur no liability, and any Bill Pay 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 following circumstances:

  1. Through no fault of ours, there are not available sufficient funds in your Total Control Checking plus any available Overdraft Protection amount;

  2. Bill Pay is not working properly and you know or we‘ve told you about the problem before you try to give us Payment Instructions;

  3. You haven‘t given us the correct name, address, phone number, or account number for the Biller; and/or,

  4. Circumstances beyond our control (like a fire, flood, or other disaster) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.

Please see the section of this Agreement titled “ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT” for information regarding questions or errors about funds transfers or bill payments made through the Services.

If a payment posts after its Scheduled Deliver By date because the Biller(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 Payment and Funds Transfers" of this Agreement, we will assist you and your Biller(s) in attempting to resolve any delayed payment issues.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, we will be responsible for returning the improperly transferred funds to your Payment Account , in accordance with the electronic funds transfer disclosures provided to you at account opening, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

Payment Scheduling.

We‘ll start processing a payment that you schedule through Bill Pay ("Scheduled Payment") and take the payment amount out of your Total Control Checking on the date that you select ("Send On Date"). The earliest possible date that your Biller will receive the payment ("Deliver By Date") is typically 4 or fewer business days after the Send On Date. Our business days include every day other than Saturday, Sunday or one of the federal holidays, or other days we are closed ("business day"). The Deliver By Date will be displayed when you are scheduling the payment. It is critical that you select a Send On Date with a Deliver By Date no later than the due date required by your Biller for the payment ("Due Date"). If you give us Payment Instructions on a non-business day, the earliest Send On Date you can select will be the next business day. If you select a Send On Date that falls on a non-business day, the Send On Date will be the prior business day. If you close your Total Control Checking, any payments already processed through Bill Pay before the date your Total Control Checking is closed will be completed. All Scheduled Payments, including recurring payments, will not be processed once your Total Control Checking is closed. When you are setting up your Payment Instructions, the Service will indicate the earliest possible Scheduled Payment Date for each Biller, (typically four (4) or fewer Business Days from the current date).

You will not be able to select a Scheduled Payment Date prior to this earliest possible date. When scheduling payments, you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

Depending on the method of payment, your Payment Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft, and the draft arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft, your Payment Account may be debited earlier than the Scheduled Payment Date. To help avoid an overdraft or returned check fee, you should make sure there are sufficient available funds in your account to cover your payment a few days before the Scheduled Payment Date, and keep those funds available until the payment is deducted.

Bill Pay Guarantee.

We can‘t control everything – there are circumstances beyond our control like delays in handling and posting payments by Billers or other financial institutions. This means that some transactions may take longer than normal to be credited to your account with a Biller. Don‘t worry though – we will bear responsibility for any late payment related charges, which have not been waived by the Biller, up to $100.00 should a payment post after its Due Date, provided: you scheduled 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 Payment and Funds Transfers" of this Agreement exist; the payment is not an Exception Payment; and you otherwise comply with this Agreement.

Payment Methods

There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time at our sole discretion. You may log in to the Online Banking site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Service, and, in the event that your Payment Account is closed or otherwise unavailable to us, the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft drawn against your account.

Payment Cancellation Requests.

You can cancel or edit any Scheduled Payment (including recurring payments) free of charge by following the directions on the website. Once we‘ve begun processing a payment, though, it can‘t be cancelled or edited and you‘ll have to make a stop payment request.

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 account, you must contact Capital One Customer Service by calling Customer Service at 1-866-464-0727. 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 Account Disclosure.

Prohibited Payments

We cannot schedule Bill Payments to Billers located outside the United States or any of its territories, any single payment greater than $99,999.99, or payments otherwise prohibited by law. The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such payments:

  1. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and

  2. Payments that violate any law, statute, ordinance or regulation; and

  3. Payments that violate the Acceptable Use terms below; and

  4. Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and

  5. Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and

  6. Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and

  7. Tax payments and court ordered payments.

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization, unless we have performed appropriate due diligence on and investigation of such charity or non-profit organization and have determined its legitimacy, in our sole discretion. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours.

Acceptable Use

You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors.

Exception Payments.

Exception Payments may be scheduled through the Service, but Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Service Provider be liable for any claims or damages resulting from your scheduling of Exception Payments. In no event shall we be liable for any claims or damages resulting from your requesting and scheduling these types of payments. The Bill Pay 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.

Bill Delivery and Presentment (eBills).

The Service’s eBills feature enables you to receive electronic bills from participating Billers. Electronic bills may not be available from all of your Billers. Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

  • Presentation of electronic bills – You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills. The Service may then present you with electronic bills from that Biller if either: (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When you elect to receive electronic bills from a Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.

  • Paper Copies of electronic bills – If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.

  • Sharing Information with Billers – You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.

  • Information provided to the biller – We can‘t update or change your personal information such as your name, address, phone numbers and email addresses, with your Biller. You‘ll need to make any changes by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. We may, at the request of the Biller, provide the Biller with your email address, service address, or other information requested by the Biller for purposes of the Biller matching your identity against its records or so the Biller can contact you about Bill Pay and/or bill information.

  • Activation – When the electronic bill feature is activated we may notify the Biller of your request to receive electronic billing information. Your Biller may accept or deny your request to receive electronic bills. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. While your electronic bill feature is being activated it‘s your responsibility to keep your account current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

  • Authorization to obtain bill data – You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

  • Notification – We‘ll attempt to present all of your electronic bills promptly. In addition to notification on the website, we may send an email notification to your email address on file with us. It‘s your sole responsibility to ensure that your email address on file is correct. If you don‘t receive notification, it‘s your responsibility to periodically logon to Bill Pay and check for the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You‘re responsible for ensuring timely payment of all bills.

  • Cancellation of electronic bill notification – You and Your Biller can each cancel the presentment of electronic bills at any time. The time that it takes to cancel an electronic bill may vary from Biller to Biller and can take up to sixty (60) days, depending on the billing cycle of each Biller. We‘ll notify your electronic Biller about the cancellation but it‘s your sole responsibility to make arrangements for an alternative form of bill delivery. We‘re not responsible for presenting any electronic bills that are already in process at the time of cancellation.

  • Non-delivery of electronic bills – You agree to hold us harmless if the Biller fails to deliver your electronic bills. You‘re responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

  • Accuracy and dispute of electronic bill – Keep in mind, we‘re not responsible for the accuracy of your electronic bills. We‘re only responsible for presenting the information we receive from the Biller. You must discuss and resolve any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail directly with your Biller.

This Agreement does not alter your liability or obligations that currently exist between you and your Billers.

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 Biller(s) or financial institution(s) regarding your payment(s).

Biller Limitation

We reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, we will notify you promptly if it decides to refuse to pay a Biller designated by you as set forth in Prohibited Payments section or Exceptions Payments section of this Agreement.

Returned Payments

In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

Failed or Returned Payment Instructions

In using the Service, you are requesting us to attempt to make payments for you from your Payment Account. If we are unable to complete the Payment Instruction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Payment Account, to cover the payment), the Payment Instruction may or may not be completed. In certain circumstances, we will attempt to debit the Payment Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us. In each such case, you agree that:

  1. You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Payment Account to allow us to complete the debit processing;

  2. You may be assessed a fee by our Service Provider and by us if the Payment Instruction cannot be debited because you have insufficient funds in your Payment Account, or the transaction would exceed the credit or overdraft protection limit of your Payment Account, to cover the payment, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your account agreement with us. You hereby authorize us to deduct these amounts from your designated Payment Account, including by ACH debit;

  3. You will reimburse us and our Service Provider for any fees or costs we incur in attempting to collect any amounts from you; and

  4. We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

Text Messages, Calls and/or Emails to You

By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identify verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.

"Send Money with Zelle" Feature

You can use Total Control Checking's "Send Money with Zelle" feature to authorize a person-to-person payment to other people (like your friends, babysitter, or neighbor), including folks who have accounts at Capital One. The transfer limitations are described in the "Electronic Fund Transfer Disclosure Statement" section of this disclosure.

Mail a Check Feature

Now, we know that Total Control Checking is pretty innovative stuff so…if you're the type of person who's just more comfortable with seeing a picture of a check on your screen when you pay someone, then Total Control Checking's " Mail a Check" feature may be right up your alley! When you use "Mail a Check" to pay a person or business, instead of just giving us certain information about who you'd like to pay, you'll see a picture of a blank check on your computer screen and then you fill in the blanks. The address you enter will be used to mail the payment. Your mailing address (which may be different from your residential address) will be listed as the return address in case your check needs to be returned to you. You should also know that depending on who your Payee is, we may not actually send a paper check but may instead send your payment electronically to get it there quicker (just like we would if you sent the payment instruction to us via " Bill Pay").

Checkbooks

If you write a check in an amount that exceeds your available balance plus any available overdraft protection amount at the time the check is presented to us for payment, we'll return the check and impose an insufficient funds charge (currently $9) on your account.

Send an Outgoing Domestic Wire Feature

We may offer a "Send an Outgoing Domestic Wire" feature and allow you to make a wire transfer from your Total Control Checking. We will charge you $30.00 for using this feature, and the charge will be deducted from the checking account you use for the wire at the same time we deduct the amount of the wire. We may also limit the amount you can send and where we will allow you to send the wire (for example, we may only allow you to send a wire to your linked account(s)).

OVERDRAFTS: An overdraft is when withdrawals are made against your account for an amount in excess of your available balance. Please see the Overdraft Services section of this agreement for additional information about overdrafts and our programs.

If your available balance isn't enough to cover any payment or withdrawal you've authorized (including any applicable charges), you agree that we can either overdraw your Total Control Checking, initiate a transfer from your linked Free Savings Transfer account, or we can refuse to process the payment/withdrawal. If for some reason we allow your Total Control Checking to be overdrawn, you must immediately make a deposit to cover the negative balance. This can happen if a transaction takes your checking balance negative or (if applicable) a transaction exceeds your available overdraft protection amount.

If we sue you to collect any overdraft, you agree that we're entitled to collect all costs and expenses of suit from you (including the reasonable cost of an attorney), in accordance with applicable law. You agree that we aren't liable for any damages or expenses you incur due to any delay or failure of the (i) courier (or the U.S. Postal Service) in delivering any check; and (ii) any Payee or third party in crediting or processing a payment or withdrawal.

STOPPING/CHANGING/CANCELLING PAYMENTS:

  • You may not stop, change, or cancel a cashier's check after it has been submitted to us.

  • If you'd like us to stop, change, or cancel a one-time payment instruction (other than a cashier's check), we'll try to do so if we receive your request before 11:59 PM (Eastern Time) on the day before the payment is scheduled to be deducted from your account.

  • If you want us to try to stop payment on a check drawn on your account, we'll charge you $25 for that service, but we can't guarantee that the check won't be paid (for example, if the check is cashed before we've had an opportunity to act on your stop payment request).

  • We won't charge you for this service if we're unable to stop the payment. If the payment is an automatic recurring transaction and you contact us 3 or more business days before the funds are scheduled to be deducted from your account, we must stop the payment. If you properly notify us to cancel or change such a payment and we fail to do it, we'll be liable for your losses or damages.

CANCELLATION OR AMENDMENT OF FUNDS TRANSFER FOR OUTGOING WIRES: 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.

TOTAL CONTROL CHECKING CARD AND MULTIPLE ACCOUNTS: When you open your first Total Control Checking account, we will automatically issue you a debit card. If you open additional Total Control Checking accounts, you'll choose one of them as your default account. The Total Control Checking account that you choose as your default account will be the account for all ATM withdrawals and deposits as well as point of sale (POS) transactions. We will not issue additional debit cards for the additional Total Control Checking accounts you open, but you can change which of your Total Control Checking accounts you want to use as your default account for the debit card.

WHAT GETS PROCESSED WHEN: Cashier's checks, "Send Money with Zelle" transactions, and wires will be processed as soon as possible after you request them (and the funds will be removed from your account immediately). At midnight of each business day, we'll first process electronic fund transfers (other than "Bill Pay" instructions) that are scheduled for that business day. After all of those instructions have been processed, we'll then process all "Bill Pay" and "Mail a Check" instructions scheduled for that business day.

If there aren't enough funds in your Total Control Checking account to allow all of the scheduled transactions for a business day to be completed, we'll process your scheduled electronic fund transfers (other than "Bill Pay" instructions) for that day first. We'll then process all scheduled " Bill Pay" and "Mail a Check" instructions for that day from highest dollar amount to lowest dollar amount. We'll attempt every scheduled payment until we exhaust your available balance (including your Free Savings Transfer account). For example, if you schedule three Bill Pay transfers of $1,000, $500, and $250 for the same business day, but you only have $1,250 available (including your Free Savings Transfer account), we'll first pay the $1,000 transfer. Next, we'll attempt the $500 transfer. You won't have enough funds, so we'll refuse it (unless you enrolled in Next Day Grace). Finally, we'll attempt the $250 transfer. You do have funds to cover this payment, so we'll process it.

YOUR RESPONSIBILITY: You're responsible for all transactions you authorize, including any transactions or payments you unintentionally or inadvertently authorized, and any losses, charges, or penalties incurred as a result. You must follow all of our instructions when you request and authorize any Total Control Checking features. You must have sufficient available funds in your Total Control Checking (which includes any available credit from the Free Savings Transfer account) to cover any payment or transfer you request. If you authorize someone else to use your Total Control Checking/Free Savings Transfer account or card, you're responsible for everything that person does with your Total Control Checking/Free Savings Transfer account, including any losses, charges or penalties incurred as a result.

You're also responsible for giving us accurate Payee information. If any Payee information changes after you initiate a transfer or payment, you're responsible for notifying us of these changes. If you tell us to make a payment to a particular Payee and you fail to give us the correct information, we're not responsible or liable for the payment.

Your Total Control Checking Agreement and other agreements you may have with us contain other exceptions to the bank's liability. You agree that we don't have any responsibility or liability for any act or omission beyond that which is imposed on us by law.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE BANK AND ANY OF OUR THIRD PARTY PROVIDERS WHO PERFORM TOTAL CONTROL CHECKING RELATED SERVICES FOR YOU ON OUR BEHALF FROM ANY AND ALL CLAIMS AND LIABILITY ARISING FROM (i) YOUR USE OR INABILITY TO USE BILL PAY; AND (ii) ANY PAYMENTS INITIATED BY YOU THAT AREN'T COMPLETED DUE TO LACK OF FUNDS IN YOUR ACCOUNT(S).

UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE TOTAL CONTROL CHECKING FEATURES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR THIRD PARTY PROVIDERS KNOW THAT SUCH DAMAGES MAY OCCUR. BILL PAY AND OTHER TOTALCONTROL CHECKING FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

COLLECTION OF ITEMS: If we elect to receive checks and other items for collection, we act as your collection agent and don't assume any responsibility beyond the exercise of due care. We won't be liable for any default or negligence by any other banks we use to collect the check or item or for any loss in transit.

THINGS YOU TELL US TO DO: We may refuse to follow any of your instructions that in our sole judgment are illegal or would expose us to potential liability. Alternatively, we may require adequate security or invoke other security measures to protect us from all losses and expenses incurred if we follow your instructions. You agree to reimburse us for any damages, losses, liabilities, and expenses (including, but not limited to, the reasonable costs of an attorney) that we incur in connection with your Total Control Checking if we take an action in accordance with your or what purports to be your oral, written, or electronic instructions.

IF YOUR ADDRESS CHANGES: You must notify us of any change of address by calling us by using our secure website, or by visiting one of our locations. 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.

TOTAL CONTROL CHECKING MASTER ACCOUNT AND SUBACCOUNTS: Our Reserve Money Manager account system allows us to manage our Federal Reserve Bank balance requirements efficiently. Each deposit account in the system consists of two sub-accounts: a demand deposit account ("DDA") sub-account, which presently has a reserve requirement, and a money market deposit account ("MMDA"), which presently has no reserve requirement. Although there are two sub-accounts, your account is considered a single account for your deposits and withdrawals, as well as for tax reporting, balance requirement, service charge, and monthly statement purposes. The existence of the sub-accounts is for internal accounting and regulatory reporting purposes only and will not change the manner in which you use or obtain information about your account.

All checks, withdrawals, and other debits will be paid from the DDA sub-account. We will automatically transfer balances from the MMDA sub-account to the DDA sub-account. No more than six transfers will occur in any monthly statement period. Should a sixth transfer be necessary, all funds in the MMDA sub-account will be moved to the DDA sub-account for the remainder of the month. These transfers will not appear on your monthly statement and will not be subject to any fees.

MONITORING AND CLOSING YOUR ACCOUNT: We reserve the right to monitor all Total Control Checking activity for inappropriate use. We may close your checking account at any time and for any reason. If we close your Total Control Checking, all collected funds (less any amounts due to us or for debits in process) will be transferred to your external linked account. If you do not have an external account linked to your Total Control Checking, or if our attempt to transfer the funds to your external account fails, we will mail you a check to the address we have in our records. If there is no valid address on file and you have a 360 Savings account that is titled exactly the same as your Total Control Checking, we will transfer the funds to your 360 Savings.

You may close your account at any time.

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.

LIEN AND SET-OFF: We have a continuing lien on, and under the Total Control Checking agreement you grant us a consensual security interest in, all of your deposits as security for any and all debts or obligations you owe us as borrower or otherwise, whether due or to become due. We may at our option, at any time and without notice to you, use all or any part of the money from your Total Control Checking account ("set-off") to pay any debt you owe to us or to any of our affiliates of whatever kind and however arising. This right of set-off doesn't apply to your accounts to the extent restricted or prohibited by law or contract.

CHANGE/WAIVER OF TERMS: We may change the Total Control Checking Agreement, add new provisions, and/or delete provisions at any time. Changes and new provisions will be binding upon you and your checking account as of their effective date. If we do make a change, we'll let you know about it as required by law. We may change the Total Control Checking Agreement without notice to you when necessary to conform to federal or state law.

We reserve the right to terminate, change, discontinue, or add products, functionality, account types or features at any time and within our sole discretion. We have the right to waive any of our rights under the Total Control Checking Agreement with respect to any transaction without obligating ourselves to treat future transactions in the same way.

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 Total Control Checking beyond reasonable care.

ASSIGNMENT: You can't pledge, assign, give as a gift, or otherwise transfer the ownership of all or any part of your Total Control Checking to a third party without our prior written consent.

GOVERNING LAW AND REGULATIONS: Your Total Control Checking is 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 Law"). If there's a conflict between this Total Control Checking Agreement and Applicable Law, the Total Control Checking Agreement will be changed to the extent necessary to comply with Applicable Law. If any provision of this Total Control Checking Agreement 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 this Total Control Checking Agreement.

LEVIES, ATTACHMENTS, AND OTHER COURT PROCESSES: If we receive a levy, attachment, or other legal process against you or any party to your Total Control Checking account, we may refuse to permit withdrawals or transfers from your checking account until the legal process is dismissed or satisfied. Any levy, attachment, or other legal process will be subject to our right of set-off and security interest. You're responsible for any losses, costs, or expenses we incur as a result of any dispute or legal proceeding involving your Total Control Checking account.

CLAIMS AGAINST YOUR ACCOUNT: If we receive a claim against the funds in your Total Control Checking account, or if we know of or believe that there's a dispute as to the ownership or control of funds in your checking account, we may, in our discretion: (i) place a hold on your Total Control Checking account and refuse to pay out any funds until we're satisfied that the dispute is settled; (ii) close your Total Control Checking account and send the balance to the named account holder(s); (iii) require a court order to act; or (iv) take any other action we feel is necessary to 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, we can continue to accept deposits and collect items deposited to your Total Control Checking account, as well as continue to accept transaction instructions for your checking account, until we know of your death or adjudication of incompetency and have a reasonable opportunity 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.

CAPTIONS: The captions used in the Total Control Checking Agreement are for convenience only. They don't affect the meaning of anything in the Total Control Checking Agreement.

JURY TRIAL WAIVER: All actions arising out of this agreement or concerning your checking 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 current and complete account information. However, you agree that we won't be responsible for any interruption in service or loss caused by an event that is beyond our control, including, but not limited to, natural disasters, wars, riots, strikes, computer failure, terrorist act or loss of power, communication, or transportation facilities. We also won't be responsible for any losses or damages, including direct damages, resulting from your use of Total Control Checking, unless such losses or damages are caused by our lack of good faith or failure to exercise ordinary care. In no event will we be responsible for indirect, special, or consequential losses or damages of any kind.

DEPOSIT AVAILABILITY DISCLOSURE

Your Ability to Withdraw Funds

When a deposit is made to your account, the funds may not be available immediately. For example, if you deposit a check on Monday, you may not be able to withdraw the funds from that check, and we may not pay another check with those funds, until Tuesday or even later. Our general policy is to make funds from your check deposits available to you on the first business day after we receive the deposits. Cash and electronic direct deposits will be available on the day we receive the deposit. Longer delays may apply (as described below), and different rules apply for checks deposited from customers with accounts open fewer than 30 calendar days. Your account won't be considered "opened" until you have made a deposit to the account.

Even after we have made funds available to you and you have withdrawn the funds, you remain responsible if any deposit to your account is returned, rejected, or otherwise uncollected by the Bank.

Determining Business Day & Deposit Cut-off Times

The length of the delay is counted in business days from the day of your deposit. A business day is any day of the week except Saturday, Sunday, and federal holidays. The business day ends at different times, depending on the channel used. The end of the business day is referred to as the "deposit cutoff time". If you make a deposit before our cutoff time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after our cutoff time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open.

Here are our cutoff times:

If you make a deposit via... The cutoff time is...
Capital One ATM 9:00 PM Eastern Time
Capital One Branch Branch closing
Mail 5:00 PM Eastern Time (when we receive it)
Online Banking and Phone Transfers No Cut-Off time for Internal Transfers
5:00 PM Eastern Time for External Transfers


Availability Timeline for Deposits to Established Accounts

(Customers with checking or savings accounts open longer than 30 days)

When a deposit is made by... Those funds are available on...
• Electronic direct deposits
• Cash deposits at a Capital One ATM
• Cash deposits made to a teller
• Wire Transfers
The same business day
• U.S. Treasury Checks
• U.S. Government Checks
• Capital One Bank check (written by a Capital One customer)
• U.S. Postal Service Money Orders
• Federal Reserve Bank Checks
• Federal Home Loan Bank Checks
The next business day
• State and local government checks
• Cashier's, certified and teller's checks
• Traveler's Checks
If deposited at a teller, the next business day if you request it

If you do not deposit at a teller, generally the next business day. See below for exceptions
Other check deposits (for example, a check written to you by a customer of another bank) Generally, the next business day. See below for exceptions:


Note: Check types listed above must be made payable to you

Longer Delays May Apply

In some cases, we will not make all of the funds that 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 second business day after the day of your deposit. The first $200 of your deposits, however, will be available on the first business day after the day of your deposit.

If we are not going to make all of the funds from your deposit available to you as described above, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left our Capital One location, we will send you a notice.

If you need the funds from a deposit right away, you should ask us when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

Funds from check deposits may be delayed for up to four business days if:

  • You deposit checks totaling more than $5,000 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the past six months.
  • There is an emergency, such as failure of computer or communications equipment.

Funds from check deposits may be delayed for up to five business days if:

  • We believe a check you deposit will not be paid

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available.

Special Rules for New Customers

If you are a new customer, the following timeline will apply during the first thirty (30) days your account is open. For purposes of this deposit availability policy, you will be considered a new customer if you have not had a checking or savings account open for at least 30 days.

When a deposit is made by... Those funds are available on...
• Electronic direct deposits
• Cash deposits at a Capital One ATM
• Cash deposits made to a teller
• Wire Transfers
The same business day
• U.S. Treasury Checks
• U.S. Government Checks
• Capital One Bank check (written by a Capital One customer)
• U.S. Post Service Money Orders
• Federal Reserve Bank Checks
• Federal Home Loan Bank Checks
The next business day
• State and local government checks
• Cashier's, certified, and teller's checks
• Traveler's Checks
If deposited at a teller, the next business day if you request it

If you do not deposit at a teller, the fourth business day
• Other check deposits (for example, a check written to you by a customer of another bank) The fourth business day


Note: Check types listed above must be made payable to you

Holds on Other Funds (Check Cashing)

If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. If we do, we will hold those funds according to the deposit timelines above.

AVAILABILITY OF OTHER DEPOSITS

Automated Clearing House ("ACH") Transfers

Electronic fund ACH deposits that we originate on your behalf (including all future dated transfers) will generally be made available on the second business day after the date of your transfer. We will notify you if we delay the availability of your funds, and we will tell you when you can expect your funds to be available.

Mobile Deposit

Checks deposited using our Mobile Deposit application are not subject to the funds availability requirements of Regulation CC. This will be true even if we follow our Availability Timelines provided above and provide you with Regulation CC disclosures or notices.

Checks deposited using this service will generally be available on the first business day after the deposited date, but we can place an extended hold on your deposited funds as described in our Availability Timelines. We will notify you if we delay the availability of your funds, and we will tell you when you can expect your funds to be available.

OVERDRAFT SERVICES

You have three options to choose from if you want overdraft service, which is when transactions may be covered if there isn't enough money in your checking account. Your three options are Auto-Decline, Free Savings Transfer, and Next Day Grace. You can only choose one overdraft service per checking account.

An overdraft is when withdrawals are made against your account for an amount in excess of your available balance.

Auto-Decline:

  • Under this option, we'll generally decline all transactions that would take your account into overdraft. A Non-Sufficient Funds (NSF) fee (see Fees section above) would still be applicable for returned checks only.

  • Pre-authorized transactions, like gas station purchases, may still overdraw your account, but we won't charge a fee when that happens.

Free Savings Transfer: There's no cost to enroll in this service, and we don't charge you when you use it. Choosing this option authorizes us to automatically transfer available funds from the Confidence Savings or 360 Money Market account you select to cover transactions that would otherwise take your checking account available balance below $0.00.

  • You can link only one Confidence Savings account or 360 Money Market account as overdraft protection for your checking account, and the account ownership of that account must match the account ownership of the checking account in order to be linked for overdraft protection.

  • At the end of each business day, if the available balance in your checking account is insufficient to cover a check or other item presented for payment, we'll transfer funds from your savings account or money market account in the exact amount to cover the overdraft. If the available balance in your savings or money market account is not enough to cover the total amount of the overdraft, no transfer of funds will occur, and we'll either (i) return the items unpaid and charge a Non-Sufficient Funds (NSF) fee when applicable, or (ii) pay the items and create a negative balance in the checking account.

  • You cannot use your Free Savings Transfer to cover a future-dated transfer between internal accounts. If the funds are not available in your account for the date the transfer is scheduled to go through, the transfer will be declined.

  • An email alert will be sent when a transaction is authorized that will take the checking account available balance below $0 and will be covered by funds in the linked savings or money market account. This funds transfer will occur automatically at the end of the day.

  • Keep in mind that certain savings and money market account transfers are limited to six (6) transfers per monthly cycle. Once the monthly transaction limit is reached, we'll no longer process the savings or money market account transfer to cover the negative balance, and your transaction may be declined. Please refer to the "Transaction Limitations" section of your Confidence Savings or 360 Money Market account disclosure.

This service will automatically terminate if the savings or money market account or the checking account is closed. We can also terminate this service at any time without notice. We may continue to follow these instructions until they are withdrawn by you and we have had a sufficient period of time after receipt of your notification to act upon it.

Next Day Grace: We offer two options when you enroll in this service: Next Day Grace: Standard and Next Day Grace: Plus.

  • Next Day Grace: Standard will authorize us to consider paying your checks, ACH, and recurring debit card transactions that put your account into overdraft.

  • Next Day Grace: Plus will authorize us to consider paying your everyday, non-recurring debit card and ATM transactions in addition to checks, ACH, and recurring debit card transactions that put your account into overdraft.

Notifications: We will send you a notice to let you know that your account is overdrawn. You can ensure timely notification of an overdraft by consenting to receive communications by email. You will receive notice of an overdraft via mail if you have not agreed to receive electronic communications or if you have not provided us with a valid email address.

You have no right to overdraw your account at any time, for any reason, and our decision to pay overdraft items is solely within our discretion. When deciding to pay transactions that cause an overdraft, we consider a variety of factors, including the size of the transaction, whether your account is in good standing and/or your history with us. If we return your items unpaid, we will charge you a Non-Sufficient Funds (NSF) fee. You can avoid overdrafts on your account by always making sure that you have sufficient funds in your account to cover all the transactions presented for payment.

Next Day Grace will not cover a future-dated transfer between internal accounts. If the funds are not available in your account for the date the transfer is scheduled to go through, the transfer will be declined.

You understand and agree that if we elect to pay overdraft items or to permit an overdraft to exist in your account, you have no right to defer payment, and you must deposit additional funds into your account promptly in an amount sufficient to cover the overdraft. You will have 1 business day to bring your account to a positive balance to avoid getting charged an overdraft fee. If you fail to do so, we will charge you a $35.00 overdraft fee for each overdraft item in accordance with our Fees section.

We won't charge an overdraft fee if your account is overdrawn $5.00 or less at the end of each business day or if a transaction of $5.00 or less resulted in an overdraft. If your account is overdrawn by more than $5.00, a fee will be charged on each overdraft transaction that is equal to or greater than $5.01.

We also won't assess more than 4 NSF and/or overdraft fees per day for overdrawing your account.

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 fund 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.

  1. ELECTRONIC FUND TRANSFER SERVICES. The EFT services that are available to you when you open certain accounts with us are as follows:

    1. Cash withdrawals: You can use your ATM/debit card and PIN at ATMs to obtain cash withdrawals from your default account. Cash withdrawals may only be made from your default checking account at ATMs. Each time you use your ATM/debit card, we may place a hold on a corresponding amount of funds in your account until the transaction is posted against your account.

    2. Direct deposit of federal government payroll, disability, veteran's benefits, Social Security, and other federal government payments that you may receive and that may be deposited to your account, when available.

    3. Direct deposit of your paycheck to your account, provided that your employer offers direct deposit and you complete any forms required by your employer.

    4. Any other deposit to your account that is handled electronically, such as using a Capital One ATM or as an automated clearing house (ACH) transaction.

    5. Transfer funds between your eligible Capital One, N.A., accounts and between your external linked accounts and your Capital One accounts electronically or by calling our call center.

    6. Transfer funds from your Capital One accounts to make payments to your Capital One loan electronically or by calling our call center.

    7. Pay or otherwise transfer funds to a third party by instructing us, via the Internet, or by calling our call center to send funds to them electronically.

    8. Deposit cash or checks by using your debit card that may be issued to you.

    9. You may authorize a merchant or other payee to make a one-time electronic payment from your Total Control Checking account using information from your check to pay for purchases or to pay bills.

  2. CHARGES FOR ELECTRONIC TRANSACTIONS. We do not charge for most of our electronic fund transfer services. We reserve the right to collect additional charges at a later time and will notify you as required by law if we do so. We don't charge you for using your card, but if you use it at an ATM, the owner of the ATM may charge you for using the ATM. If there is such a charge, you should be told how much it is before you complete the withdrawal. If you then decide to withdraw the money, the amount of the withdrawal, plus the charge, will be deducted from your Total Control Checking account.

  3. ACCOUNT TRANSFER LIMITATIONS. * Below are the limits on withdrawal transactions.

    1. Any one "Bill Pay," "Mail a Check," or "Cashier's Check" transaction cannot exceed $100,000.

    2. Total card purchases and withdrawals are limited to $2,500 per day. This includes ATM withdrawals, cash advances, and signature and PIN-based purchases. Withdrawals from an ATM made using a Total Control Checking Card are limited to $600 per day. You can lower this limit by calling us at 1-800-574-7360.

    3. The "Send Money with Zelle" (person-to-person transfers) transactions are subject to limits on the amount and frequency of transfers to and from your account. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, including protecting you and all other users of the service. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the service and may be modified at our sole discretion without advance notice.

* Please review the addendum at the end of this agreement for upcoming changes to transaction limits.

  1. RECORD OF TRANSACTIONS.

    1. Pre-authorized credits. If you have arranged to have direct deposits made 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 1-800-574-7360 or log into our website (www.capitalone.com/bank) to find out whether or not the deposit has been made.

    2. Periodic statements for all electronic fund transfers described in this disclosure. We'll provide you with a statement at least 4 times a year. Your statement will be made available to you via www.capitalone.com/bank. 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.

    3. Receipts. You can get a receipt at the time you make any transfer from your account using an ATM or a point of sale terminal.

  2. HOW TO CONTACT US. If you believe your E-Identification is no longer secure or confidential, or that someone has conducted or may conduct an EFT without your permission, please contact us immediately by logging into our website (www.capitalone.com/bank) or by calling or writing us at: Capital One, PO Box 60, St. Cloud, Minnesota, 56302-0060, 1-800-574-7360.

  3. LIABILITY FOR UNAUTHORIZED TRANSFERS. CONTACT US IMMEDIATELY if you believe that an unauthorized transfer has occurred or may occur concerning your account(s) or that your E-Identification is no longer secure or confidential or may have been used without your permission. Telephoning us at 1-800-574-7360 is the best way of keeping your losses to a minimum. You may also notify us by logging into our website (www.capitalone.com/bank) and sending us a message.

    You could lose all the money in your account (including any accounts linked to this account) if you take no action to notify us of the unauthorized transfer or the loss of security or confidentiality of your E-Identification. If you notify us of the loss, your liability for unauthorized transfers will be as follows:

    1. We have decided not to impose any liability on you, even though the law says we could (up to $50) if someone used your E-Identification without your permission and you contact us within two (2) business days after you learn of the loss or unauthorized use.

    2. 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.

    3. If your statement shows transfers that you did not make and you do NOT contact us within sixty (60) days after the statement was made available to you, you may not get back any money lost after 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.

  4. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS. Telephone us at 1-800-574-7360, write to us at Capital One, PO Box 60, St. Cloud, Minnesota, 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 after we sent the FIRST statement on which the problem or error appeared.

    You must provide us with the following information:

    1. Tell us your name and account number.

    2. 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

    3. 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 after 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 point of sale 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 after 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.

  5. PRE-AUTHORIZED PAYMENTS.

    1. 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 1-800-574-7360, writing us at Capital One, PO Box 60, St. Cloud, Minnesota, 56302-0060, or logging in and sending us an electronic communication 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 after you call. If you do not, then your verbal request will expire after fourteen (14) days.

    2. 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.)

    3. 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.

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

  7. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES. We will disclose information to third parties about your account or the transfers you make:

    1. Where it is necessary to complete transactions;

    2. To verify the existence and standing of your account with us upon the request of a third party, such as a credit bureau;

    3. In accordance with your written permission;

    4. To comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations, and escheat reports; and/or

    5. 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.

  8. OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSFER. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you in accordance with the terms and conditions of the Total Control Checking Agreement, we will be liable for damages proximately caused by our failure unless:

    1. There are insufficient funds in your account to complete the transaction through no fault of ours;

    2. The funds in your account are not yet available for withdrawal;

    3. The funds in your account are subject to legal process;

    4. The failure is due to an equipment breakdown that you knew about before you began a transaction;

    5. 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;

    6. The transfer would exceed your established credit limit; or

    7. An electronic terminal has insufficient cash to complete the transaction.

    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.

  9. TOTAL CONTROL CHECKING CARD - As you know, when you applied for Total Control Checking, you automatically asked us to give you a card for your first account.

    That's great because you can use it to (i) withdraw money at automated teller machines ("ATMs"); (ii) deposit cash or checks at a Capital One ATM that accepts Capital One deposits; and (iii) make POS purchases (including "cash back" transactions where a merchant gives you cash from your checking account).

    By using your card, you authorize us and/or our agents to debit your Total Control Checking (including transfers from your linked Free Savings Transfer account). We reserve the right to refuse to make any transfer for security, credit, legal/regulatory, or other reasons, as we determine in our sole discretion. You're responsible for all transactions you authorize using the card, including any losses, charges, or penalties incurred as a result.

    We don't charge you for using your card at our ATMs, but if you use it at a non-Capital One ATM, there's a $2.00 per transaction fee, except for balance inquiries, which are free. The owners of a non-Capital One branded ATM may charge you for using their ATM. If there is such a charge, you should be told how much it is before you complete the withdrawal. If you then decide to withdraw the money, the amount of the withdrawal, plus the charge, will be deducted from your default Total Control Checking account at the time of the transaction. The card is the property of Capital One, and if your account is closed or your card privileges are cancelled, you agree to stop using the card and destroy it.

    Transactions made with your card in foreign currencies and transactions that are classified by MasterCard® as "cross-border transactions" (generally, transactions that are processed outside the United States) are called "foreign transactions." If a foreign transaction is in a foreign currency, it will be posted to your account in U.S. dollars. The exchange rate between the foreign currency and U.S. dollars is a rate selected by MasterCard®. Basically, here's how MasterCard® calculates the exchange rate: They usually start with either a government-mandated currency rate or a wholesale rate as of the day your foreign transaction is processed (i.e., not the date you made your purchase and not the date your purchase is posted on your statement).

  10. OUR RESPONSIBILITY. If we don't complete a payment or transfer on time, according to your properly transmitted instructions, we may be liable for your losses or damages. However, there are some exceptions. For instance, we won't be liable for losses and damages if:

    1. you don't have enough available funds in your Total Control Checking (including any available amounts from your overdraft protection) to complete a payment or transfer, if your checking account has been closed, frozen, or isn't in good standing, or if we reverse a payment or transfer because of insufficient funds;

    2. you haven't properly followed our instructions;

    3. Payee or account information you give us is incorrect;

    4. you don't authorize a payment or transfer soon enough for it to reach the Payee by its due date;

    5. you receive notice from a Payee that any payment or transfer you made remains unpaid or hasn't been completed, and you don't notify us promptly;

    6. withdrawals from any of your accounts have been prohibited by a court order or other legal process;

    7. your computer, software, any Internet service provider, or our interactive website wasn't working properly and this problem should have been apparent to you when you tried to authorize a transfer or payment;

    8. you, or anyone you allow to use your Total Control Checking, commits fraud or violates any law or regulation;

    9. circumstances beyond our control prevent a transfer or payment from being made.

* Effective 1/9/2018 the following changes will apply to your account:

  • Automated Clearing House (ACH) External Transfer transactions are subject to limits on the dollar amount of electronic transfers between your account and external accounts at other financial institutions. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. Based on confidential fraud and essential risk criteria, they may be modified at our discretion without advance notice.

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, Savings Now, 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: 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. Our wire transfer service is intended to be used solely for Funds Transfers to confirmed linked checking accounts and title companies. We reserve the right to reject any Funds Transfer Request, including those not meeting the foregoing criteria. 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: 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: 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 after 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 after 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: 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 your authorized representative, which we may, in our sole discretion, require under the circumstances.

Force 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: 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: 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: 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: 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 Executed: 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 after 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: 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: 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: 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 Care: 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 One: 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: 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: 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:

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

Termination of 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: 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 Law: 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: 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

FACTS

WHAT DOES CAPITAL ONE®
DO WITH YOUR PERSONAL INFORMATION?


Why?

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 us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.


What?

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
  • Account balances and payment history
  • Account transactions and credit card or other debt

How?

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 share their customers' personal information; the reasons Capital One chooses to share; and whether you can limit this sharing.

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

For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

YES

NO

For our marketing purposes – to offer our products and services to you

YES

NO

For joint marketing with other financial companies

YES

NO

For our affiliates' everyday business purposes – information about your transactions and experiences

YES

NO

For our affiliates' everyday business purposes – information about your creditworthiness

YES

YES

For our affiliates to market to you

YES

YES

For nonaffiliates to market to you

YES

YES

To limit our sharing

  • Call us toll free at 1-888-817-2970 and one of our representatives will update your privacy choices.

Please note: If you are new customer, we can begin sharing your information 30 days from the date we sent this notice. If you’re an 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 providing this notice?

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

What we do

How does Capital One protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does Capital One collect my personal information?

We collect your personal information, for example, when you

  • Open an account or deposit money
  • Pay your bills or apply for a loan
  • Use your credit or debit card

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing?

Federal law gives you the right to limit only

  • Sharing for affiliates' everyday business purposes – information about your creditworthiness
  • Affiliates from using your information to market to you
  • 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 limit sharing for an account I hold jointly with someone else?

Your choices will apply to everyone on your account.

Definitions

Affiliates

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

  • 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.

Nonaffiliates

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

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

Joint marketing

A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

  • 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: 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. 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; e-mail: BCPINFO@ag.state.nv.us.

Telephone Communications: All telephone communications with us or our authorized agents may be monitored or recorded.

© Capital One. Capital One is a federally registered service trademark. All rights reserved.

Close