Terms and Conditions

Capital One Express Deposit Service

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THE SERVICE

The Express Deposit Service (the “Service”) allows Customer to have currency and limited coin deposits (“Deposits”) delivered, via the United States Postal Service (“USPS) using its Priority Mail Express Service, to a Bank vault location for processing. The Service requires Customer to establish or designate an account (the “Account”) with Bank. The Account is governed by Bank’s Rules Governing Deposit Accounts.

SHIPMENTS

All Deposits must be delivered to Bank using the supplies provided by, or approved by, Bank, and in accordance with the Mailing Procedures (provided to Customer prior to, or simultaneously with, the execution of this Agreement).

In order to receive the credit discussed below, and in accordance with the Mailing Procedures, Customer must present each sealed and labeled package (each, a “Package”) directly to an authorized representative of the USPS at Customer’s place of business.

Customer agrees that the maximum amount (cash and coin) that can be included in a Deposit on any given USPS pickup day (i.e., Monday through Saturday, excluding federal holidays) shall be $5,000.00. If a Deposit exceeds $5,000.00, Bank may process same; however, such processing will only be deemed a waiver of this maximum amount requirement for that specific instance. Notwithstanding that the Bank shall have processed a Deposit that exceeds $5,000.00, and regardless of the amount reflected on the package label (i.e., the “Declared Value”), Bank’s maximum liability for each Deposit will be as indicated below.

Customer agrees that the Service is for cash (and limited coin) deposits only. Bank will accept up to $25.00 of coin (rolled or loose). The Packages shall not contain any property whatsoever other than cash and acceptable coin intended for deposit into the Account. Customer should not place any checks or other negotiable items in a Package. (For check deposits, Customer should utilize Bank’s Remote Deposit service. Please contact your Treasury Management Sales Officer for more information.) Any checks included in a Package may nonetheless be processed in the normal course of business. However, the acceptance and processing of such check(s) shall only be deemed a waiver of this “no checks” requirement for that specific instance. Non-negotiable items included in a Package will be forwarded to a special handling area for proper routing.

Customer is expected to send only one (1) Package per day. Customer shall advise Bank of the amount of days per week that it will ask the USPS to pick up a Package. If, for example, Customer expects to ship a Package every day, it should schedule a daily (Monday through Saturday) pickup with the USPS. If, for example, Customer expects to ship two (2) Packages per calendar week, it should schedule two (2) pickup days with the USPS (Customer can choose which two days). Bank acknowledges that deposit volumes may vary from week to week. As such, the sending of multiple packages on a given pickup day will be permitted; however, in no event can the maximum number of Packages sent in a given calendar week exceed six (6). If more than six (6) packages are sent in a given calendar week, Bank may process same; however, such processing will only be deemed a waiver of this maximum amount requirement for that specific instance. If the number of Packages shipped in a calendar week exceeds the number of USPS pickup days for two consecutive calendar weeks, Customer agrees to modify the USPS pickup schedule accordingly.

DEPOSITS

Customer authorizes Bank (or its representative) to accept Packages and process Deposits received from the USPS on behalf of Customer.

Bank's findings with respect to the contents of all Packages shall be conclusive and

binding. Furthermore, to the extent there is a conflict between (1) the Bank’s records regarding the Deposit and the verified (by Bank or its representative) amount, and (2) the Customer’s records regarding the Deposit and the Declared Value, the Bank’s records shall control.

CREDIT

As indicated in the Mailing Procedures, Customer will provide Bank with the Declared Value of each Deposit prior to handing the Package containing such Deposit to the USPS. Upon verification by Bank (or its representative) of the amount actually received, Bank shall process the deposit and credit the Account for such amount.

LIABILITY

Bank agrees to reimburse Customer, up to a maximum amount of $5,000.00, the amount of any Deposit, made in accordance with the terms of this Agreement that is lost, stolen, destroyed, or materially damaged such that it is no longer deemed, in the opinion of Bank, legal tender, after it was placed in the custody of USPS (as verified by Bank). Such reimbursement will be made by crediting the Account after Bank has had a reasonable amount of time to investigate the circumstances of the loss, theft, destruction or said damage in order to confirm Customer’s compliance with the terms hereof. For the avoidance of doubt, it is understood that Bank’s maximum liability to Customer for a lost, stolen, destroyed or damaged (as indicated) Package shall be $5000.00, regardless of the Declared Value. In addition, understanding that Customer should not, as indicated herein, be sending more than six (6) Packages in a given calendar week, it is understood that, regardless of whether Customer’s Package total exceeds that amount, Bank’s maximum liability for lost, stolen, destroyed or damaged (as indicated) Packages sent within a given calendar week shall be $30,000.00. Notwithstanding anything herein, Bank will not be liable for any losses incurred by Customer for checks or other non-cash/coin items included in a Package that are lost, stolen, destroyed or damaged (as indicated). Bank shall not be liable to Customer as an insurer of any property contained in a Package.

Customer acknowledges and agrees that circumstances may arise that may cause the crediting of Deposits to be delayed beyond the timeframes set forth herein, and, except for delays caused by the Bank’s gross negligence or willful misconduct, Bank shall not be liable for any claims, losses, or damages caused by such delays.

MISCELLANEOUS

Customer agrees to comply with all applicable rules, regulations and instructions of the United States Postal Service.

The Agreement contains the entire agreement of the parties with respect to the matters covered and no other or prior promises, negotiations or discussions, oral or written, made by any party or its employees, officers or agents shall be valid and binding.