1/10/2024
This document provides important information about the terms applicable to your Kids Savings account. Please be sure to read it carefully and retain it for future reference. When you see the words "you" and "your," they mean each person or entity who owns an account either individually, jointly, or on behalf of another person. The words "our," "us," "we," "Capital One," and "bank" mean Capital One, N.A. Our "Business Days" are Monday through Friday, excluding holidays and any other day we are not open.
Please understand that when you submit an application, open an account, or use our services, you agree to be bound by these terms.
Initial deposit requirement - There is no minimum deposit required. You can open the account with any amount you wish.
Minimum balance to obtain Annual Percentage Yield (APY) - There is no minimum balance required to obtain the disclosed APY.
Rate information - The Interest Rate on your account is NaN% with an Annual Percentage Yield of NaN. The interest rates and annual percentage yields are variable and may change at any time at our discretion.
Compounding and crediting - Interest on your account will be compounded and credited on a monthly basis.
Effect of closing an account - You will receive the accrued interest if you close your account before interest is credited.
Balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on deposits - For all types of non-cash deposits, interest will begin to accrue no later than the next business day following the banking day on which the funds were deposited. For cash deposits, interest will begin to accrue the same day on which the funds were deposited. (Here's an example - if you make a non-cash deposit on a Sunday, we will process it on Monday, and interest will begin to accrue no later than Tuesday.)
Fees - The following fees may be charged to your account:
Transaction limitations - 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.
We may limit, refuse or return all or any part of a deposit without prior notice to you.
Account limits - We reserve the right to limit the number of accounts you may open at our discretion and without advanced notice.
The basics: The Capital One Kids Savings account is a joint savings account. The account requires an adult to open the account in their name and in the name of a minor customer under the age of 18. If the minor is 12 years of age or younger, then a parent or legal guardian must be a joint owner. To deposit and withdraw from the account, the adult can link their Kids Savings account to their personal (non-business) checking account at another U.S. chartered bank ("Linked Account") or other Capital One bank accounts. Adult Account holders can use our automated phone system, our sales and service call center, our website - www.capitalone.com/bank, or mobile app to transfer money between eligible Capital One, N.A. accounts, Linked Accounts and their Kids Savings account. Minor customers under 18 cannot open and close accounts, add a linked account, or receive secure messages.
Who can open an account: You must be a United States citizen or lawful permanent resident with a U.S. physical address located in one of the 50 United States or Washington, D.C., or with military addresses (APO or FPO) and valid Social Security Number to open an account. Individual Taxpayer Identification Numbers (ITINs) are acceptable for account opening in Branches and Capital One Cafés and your Linked Account must be with a bank chartered in the U.S. The “Adult” must be the parent or legal guardian of the “Minor”.
How to open an account: You must tell us to either electronically transfer money from your Linked Account or give us a personal check drawn on your Linked Account. Your 360 Kids Savings account won't be considered "opened" until you complete our verification procedures.
Obtaining credit 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.
It's simple to make deposits: This account allows you to make deposits by cash, check, Automated Clearing House (ACH), domestic wire transfer or other payment network transfers, or transfer from another eligible Capital One, N.A. deposit account.
Any transaction that you conduct on Saturday, Sunday, a federal holiday, or other days on which we are closed may be handled the following business day.
Checks you deposit must be payable to you or to the living trust (in the case of a trust account).
We may refuse all or part of a deposit. We also may refuse a deposit after initially accepting it. If we do that, we will reverse the amount added to your account and send it to you via check or your external linked account. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you have already made.
If a check from a split deposit is returned unpaid, we’ll deduct the full amount of the check from the account that received the largest portion of the check. If the deposit was split for an equal amount, we’ll deduct the full amount of the check from the first account in the transaction sequence.
Once your account is open, funds will be available according to the Availability of Deposits section of this agreement.
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 Kids Savings and multiple other Capital One accounts, we will debit your Kids Savings account for the full amount.
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 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.
It's also simple to make withdrawals: You can request a withdrawal from your account by using our website, calling us, or visiting one of our branches.
Consumer account:
Your Kids Savings Account is a consumer account and must be used primarily for personal, family, or household purposes. If you fail to comply with these conditions, or use your account for business purposes, we may restrict use of, or close your account.
Types of account ownership:
If one joint owner requests that we not pay items authorized by a different joint owner, we may restrict the account and refuse to pay all items (including items authorized by the owner making the request), but we are not required to do so. If we restrict the account, we may not release the restriction unless all joint owners agree in writing to remove it. No request to restrict the account will affect items that we paid before the request. If we decide not to restrict the account, all joint owners remain responsible for items subtracted from the account.
We may also pay all or any part of the funds in the account to a court or government agency if we receive a garnishment, levy or similar legal process that identifies any of the joint owners.
When the minor reaches 18 years old, both account holders will become joint account owners and will have equal privileges in terms of transfers and closing the account.
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're logged into your account through the website or mobile app.
We will display only summary information about your "connected" accounts. To get any other information or conduct any activity on these account types, you must access the specific account servicing area for that account. All connected bank accounts will be visible when you log into your account through the website or mobile app. Keep in mind that certain features, information, types of transactions or other services may not be available for all of your connected accounts. As long as you maintain your unique log in credentials, you will have access to view all of your individual accounts and shared accounts and people with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.
Statements: As required by law, we‘ll provide you with a statement at least 4 times a year. Your Statement will be made available to you based on your selected delivery method. Payments or transfers you make will be listed on your Statement. You agree to notify us within 60 days if you think there‘s an error or unauthorized transaction shown on your Statement.
Things you tell us to do: We may refuse to follow any of your instructions 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 account 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, or using our secure website. Any notice we mail to you (or email to you if you've told us to communicate with you electronically) will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service ("USPS") or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the USPS.
Communication: You agree that we may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message or other means allowed by law regarding your Account. You agree that we may contact you at any telephone number (including a mobile telephone number that you provide us), and use an automated telephone dialing system or similar device to do so. You agree that we may monitor or record any conversation or other communication with you.
While we may be able to provide some customer assistance in languages other than English, we cannot guarantee that customer service will always be available in languages other than English. As a courtesy, we may translate some of our forms, letters and disclosures, including this agreement, into another language. However, many important bank documents, and some products and services related to this account, are provided only in English.
Closing an account: You can close your account at any time, for any reason. We can close your account at any time, for any reason and without advance notice.
State laws (called "escheat" or unclaimed property laws) require us to close all your deposit accounts and transfer your money to the state if your accounts are dormant for a period of time as defined by your state of residence. Your account can become dormant if, for 24 months, there is no transactional activity. Your account will remain dormant until funds are transferred to or from the dormant account. If all of your accounts become dormant, you may no longer receive paper statements, but you can still view your accounts online.
State abandoned property law establishes guidelines under which unclaimed property must be surrendered to the applicable state. Generally, the funds in your account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of years, defined by your state of residence. All products are subject to abandoned property laws, including IRAs and CDs. If your funds are surrendered to the state, you may be able to reclaim them, but your claim may need to be presented to the state. We want you to keep your money, not the state! You can avoid the transfer of your money to the state simply by signing into your account, transacting periodically, contacting us, or replying to any abandoned property correspondence.
Advance notice of withdrawal: Under federal law, we must reserve the right to require you to give us at least 7 days written notice before you take money out of your Kids Savings account. (This hardly ever happens but legally we have to say it!)
Assignment: No part of an account may be pledged, assigned, given as a gift, or otherwise transferred to a third party without our prior written consent.
How we handle items you send us: We won't be liable for checks or other items ("Checks") that are lost in the mail or for any default or negligence by a bank we may use to collect your Checks. When you send us Checks to be deposited into your account, we act as your collection agent and assume no responsibility beyond the exercise of reasonable care.
Lien and Set-Off: Unless otherwise prohibited by law, by opening an account, you grant us a security interest (in other words, a "Lien") in your deposit accounts with us. That means that at any time and without notice to you, we can use all or any part of the money from your individual or joint accounts to pay any amounts you owe us or any of our affiliates from time to time. (This is what's known as a "Set-Off"). Any Set-Off shall be a lawful and valid payment by you of amounts you owe us.
Change to/waiver of terms: We may change this agreement, add new provisions and/or delete provisions at any time. Changes and new provisions will be binding upon you 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 this 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 this 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 account 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 MONEY to a third party without our prior written consent.
Governing law and regulations: Your accounts are subject to both federal law and the laws of the state of Virginia, as well as any operating circulars or clearing house rules that apply to us and the rules and regulations of our supervisory authorities (collectively, "Applicable Laws"). If there's a conflict between these Terms and the Applicable Laws, these Terms will be changed to the extent necessary to comply with Applicable Laws. If any provision of these Terms is determined by a Court or administrative agency having proper jurisdiction to be invalid, unenforceable, or illegal, that determination will not affect the validity and enforceability of the remaining provisions of these Terms.
Levies, attachments, and other court processes: If we receive a levy, attachment, or other legal process against you or any party to your account, we may refuse to permit withdrawals or transfers from your 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 account.
Claims against your account: If we receive a claim against funds in your account, or if we know of or believe that there's a dispute over the ownership or control of funds in your account, we may, if we choose to, place a hold on your account. We can also refuse to pay out any of your funds until we're satisfied that the dispute is settled. We may also close the account and send the balance to the account holder(s) we have on record, decide to rely on our current account records, require a Court Order to act, or take any other action that we feel will protect us. We won't be liable to you for taking any such action.
Claim of loss: If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss. Your cooperation may include, but not be limited to, providing us with an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss.
Death, incapacity or termination: If you die or are declared legally incompetent, or, in the case of a living trust account, the living trust is terminated, we can continue to accept and process deposits to your account until we know about the death/incompetency/termination and have a reasonable chance to act.
Notices to you or us: We shall deem any and all notices to us effective upon receipt by us. Any notice that we give to you will be effective when mailed or electronically transmitted to you at the mailing/email address reflected in our records. Even though we may have provided you account opening disclosures in a language other than English, we may continue to provide you with notices/communications in English. Notice to any one owner of an account constitutes notice to all owners of that account.
Captions: The captions used in this agreement are for convenience only. They don't affect the meaning of anything in this agreement.
Jury trial waiver: All actions arising out of this agreement or concerning your account shall be heard by a judge sitting without a jury.
Events beyond our control: We'll make all reasonable efforts to give you access to your accounts and 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 which 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 your account, 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.
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. In this disclosure statement, the words "you" or "your" refer to the depositor and any authorized user(s) of the account. The words "we," "us," "our," "bank," and "Capital One" refer to Capital One, N.A.
The total daily limit when depositing checks at an ATM is $999,999.99. There is no limit on the amount of an individual check up to this amount. When depositing cash at an ATM there is no daily cash deposit limit up to our $5 million total deposit limit. The one-time cash deposit maximum is generally $5,000.
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, to include whether certain external accounts at other financial institutions can be linked to your Capital One account. 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.
You could lose all the money in your account(s) if you take no action to notify us of the unauthorized transfer or the loss of security or confidentiality of your Password/PIN. If you notify us of the loss, your liability for unauthorized transfers will be as follows:
We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.
In case of errors or questions about your electronic transfers. Telephone us at 1-800-655-2265, or write to us at Capital One Bank, PO Box 85123, Richmond, VA 23285, 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:
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 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.
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.
Rev. 8/2023
BR422731
RV230491
M-137786
230491