Disclosures and Terms & Conditions for Your Business Account
Updated July 2024
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Terms & Conditions
Important Information About Procedures for Opening a New Account
Agreement
Copy of this Agreement
Limitation Period For Bringing Legal Action
Costs and Attorneys’ Fees/Indemnification/Limitation of Liability/Waiver of Claims
Arbitration Provision
Liability
Summons and Subpoena Cost Reimbursement Schedule
Deposits
Items Returned
Withdrawals
Dormant Account
Understanding and Avoiding Overdraft and Nonsufficient Funds (NSF) Fees
Business, Organization and Association Accounts
Stop Payments
ACH Stop Payments
Telephone Transfers
Amendments and Termination
Account Transfer
Reimbursement of Federal Benefit Payments
Temporary Account Agreement
Setoff
Restrictive Legends or Indorsements
Facsimile/Electronic Signatures
Check Processing
Automated Processing of Items
Check Cashing
Indorsements
Stale-Dated Checks
Death or Incompetence
Fiduciary Accounts
Credit Verification
Legal Actions Affecting Your Account
Account Security
Instructions From You
Monitoring and Recording Telephone Calls and Consent to Receive Communications
Claim of Loss
Early Withdrawal Penalties
Changes in Name and Contact Information
Resolving Account Disputes
Waiver of Notices
ACH and Wire Transfers
International ACH Transactions
Truncation, Substitute Checks, and Other Check Images
Remotely Created Checks
Unlawful Internet Gambling Notice
Funds Transfers
Subaccount Organization
Important Information About Procedures for Opening a New Account To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
AGREEMENT - This Agreement ("agreement" or "Agreement"), along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully and retain it for future reference. If you sign the signature card or open or continue to use the account, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us.
This agreement is subject to applicable federal laws, the laws of the state of Colorado and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:
- summarize some laws that apply to common transactions;
- establish rules to cover transactions or events which the law does not regulate;
- establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
- give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document. Nothing in this document is intended to vary our duty to act in good faith and with ordinary care when required by law.
As used in this document the words "we," "our,” “Us,” “The Bank,” and "Alpine Bank" mean the financial institution and the words "you" and "your" mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.
COPY OF THIS AGREEMENT - You acknowledge and agree that we may destroy this original account Agreement once the Agreement has been electronically archived. A copy of this Agreement maintained in our record-keeping system may be used for any purpose and shall be legally binding to the same extent as the original.
LIMITATION PERIOD FOR BRINGING LEGAL ACTION - An action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to your account(s) or any account service(s) must be commenced within one (1) year after the cause of action accrues.
COSTS AND ATTORNEYS' FEES/INDEMNIFICATION/LIMITATION OF LIABILITY/WAIVER OF CLAIMS - You agree to reimburse us for any and all claims, damages, losses, liabilities, expenses and, to the extent permitted by law, costs including reasonable attorneys’ fees and collection agencies’ fees, we incur with respect to the collection of overdrafts or other amounts due from you under this Agreement, or otherwise in connection with your account. We will not be responsible for any acts or omissions of a third party not under our direct control, including without limitation, a clearinghouse, service provider, or Federal Reserve Bank. In no event shall we be liable to you for special, punitive, or consequential damages from the performance of services in connection with the account, unless otherwise required by law. There are no third party beneficiaries of this Agreement and we will not be responsible to any third party for services performed in connection with this Agreement. WAIVER OF CLAIMS: YOUR FAILURE TO REPORT ANY ACCOUNT DISPUTE OR DIFFERENCE, ERROR, UNAUTHORIZED TRANSACTION, FEE OR OTHER CHARGE ASSESSED TO YOUR ACCOUNT(S) UTILIZING THE ERROR RESOLUTION GUIDELINES AND THE NOTICE DEADLINES SET FORTH IN SECTION STATEMENTS OF THIS AGREEMENT, OR IN SECTION FUNDS TRANSFERS-DUTY TO REPORT UNAUTHORIZED OR ERRONEOUS PAYMENT OF THIS AGREEMENT FOR AN EFT TRANSACTION OR SERVICE, SHALL PRECLUDE YOU FROM RECOVERING ANY AMOUNTS FROM US AND YOU HEREBY WAIVE ALL LEGAL CLAIMS RELATED TO ANY SUCH FEES OR SERVICES ASSOCIATED WITH YOUR ACCOUNT THAT WERE REFLECTED ON YOUR STATEMENT, OR THAT ARE ON OUR FEE SCHEDULE. YOU ACKNOWLEDGE THAT THIS IS A MATERIAL TERM TO THE CONTRACT BETWEEN YOU AND US. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE NOT SATISFIED WITH A FEE OR SERVICE THAT YOU MAY CHANGE BANKS AT ANY TIME. IF YOU HAVE A SEPARATE CONTRACT WITH US ASIDE FROM THIS AGREEMENT, THAT CONTRACT WILL CONTROL AS TO ANY APPLICABLE NOTICE PROVISIONS.
This arbitration provision is optional. If you do not wish to accept it, you must follow the instructions in paragraph (10) below to reject arbitration. Unless you timely reject arbitration, this arbitration provision is binding on you and us.
(1) Claims Subject to Arbitration: Except as specified in paragraph (2) below, any dispute or claim between you and us must be arbitrated if either party elects arbitration of that dispute or claim. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
• claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising or disclosures for any of our products or services);
• claims for mental or emotional distress or injury not arising out of bodily injury;
• claims asserted in a court of general jurisdiction against you or us, including counterclaims, cross-claims, or third-party claims, that you or we elect to arbitrate in the answer or other responsive pleading;
• claims relating to the retention, protection, use, or transfer of information about you or any of your accounts for any of our products or services;
• claims relating to communications with you, regardless of sender, concerning any of our products or services, including emails and automatically dialed calls and text messages; and
• claims that may arise after the termination of this Agreement.
In this arbitration provision only, references to "we" and "us" mean the financial institution and its past, present, and future parents, subsidiaries, affiliates, and each of these entities’ predecessors, successors, assigns, agents, and employees. In this arbitration provision only, references to "you" mean the account owners, all authorized or unauthorized users or beneficiaries of the account, each of those person's assignees, heirs, trustees, agents, or other representatives, and if the account owner is a business, the account owner's parents, subsidiaries, affiliates, and each of those entities' predecessors, successors, assigns, agents, and employees This arbitration agreement does not preclude you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against you or us on the other's behalf. Nor does this arbitration agreement preclude either you or us from exercising self-help remedies (including setoff) and exercising such a remedy is not a waiver of the right to invoke arbitration of any dispute. You and we each waive the right to a trial by jury or to participate in a class action whenever either you or we elect arbitration. This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.
(2) Claims Not Subject to Arbitration: You and we agree that the following disputes or claims cannot be arbitrated:
• claims arising from bodily injury or death;
• claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo to a court of general jurisdiction;
• claims to collect or challenge debts owed pursuant to an extension of credit under a separate agreement or note (such as a separate loan agreement, promissory note, or bank card agreement), in which case the dispute over the debt shall be governed by the dispute-resolution procedures set forth in that separate agreement or note;
• disputes over the scope and enforceability of this arbitration provision, whether a dispute or claim can or must be brought in arbitration, whether paragraphs (7) or (8) of this arbitration provision have been violated; and
• disputes over whether paragraph (4) has been violated, for purposes of awarding relief that a court can award under that paragraph.
(3) Pre-Arbitration Notice of Disputes and Informal Resolution: Before either you or we commence arbitration, the claimant must first send to the other a written Notice of Dispute ("Notice"). The Notice to us should be sent by U.S. mail or professional courier service to: Alpine Bank Attn: Collection Department 400 7th Street South Rifle, CO 81650 ("Notice Address"). The Notice to you will be sent to your address on file with your account. The Notice must (a) include your name, phone number, address, and account number; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. The Notice must be personally signed by you (if you are the claimant) or by our representative (if we are the claimant). To safeguard your account, you might be required to provide both your authentication and consent for us to discuss your account or share your account information with anyone but yo0u, including an attorney (“Authentication and Consent”).
Whoever sends the Notice must give the other party 60 days after receipt of a complete Notice (including your Authentication and Consent, if required) to investigate the claim. During that period, either you or we may request an individualized discussion (by phone call or videoconference) regarding settlement (“Informal Settlement Conference”). You and we must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference (which can be after the 60-day period). You and our representative must both personally participate, unless otherwise agreed in writing. Your and our lawyers (if any) also can participate.
Any applicable statute of limitations or contractual limitations period will be tolled during the “Informal Resolution Period.” The Informal Resolution Period is the number of days between the date that a complete Notice (including Authentication and Consent, if required) is received by the other party and the later of (i) 60 days later or (ii) the date the Informal Settlement Conference is completed, if timely requested.
(4) Commencing Arbitration: An arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended and the pre-arbitration requirements in paragraph (3) have been satisfied. (Paragraph (8) has additional requirements for commencing certain coordinated arbitrations.) A court will have authority to enforce this paragraph (4), including the power to enjoin the filing or prosecution of arbitrations without first providing a complete Notice and participating in a timely requested Informal Settlement Conference. The court also may enjoin the assessment or collection of arbitration fees incurred as a result of such arbitrations. Further, unless prohibited by applicable law, the arbitration provider shall not accept nor administer any arbitration nor assess any fees in connection with an arbitration unless the claimant has complied with the Notice and Informal Settlement Conference requirements of paragraph (3).
(5) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this arbitration provision, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org or by writing to the Notice Address.
Unless you and we agree otherwise, any arbitration hearings will take place in the county of your address on file with your account. If appropriate, the arbitrator may hold hearings by telephone or videoconference or decide matters on the basis of papers submitted by the parties. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Except as provided in paragraph (7) below, the arbitrator shall apply the same substantive law that a court would apply and can award the same individualized remedies (including punitive and statutory damages and statutory attorney's fees and costs) that a court could award under applicable law. The arbitrator may consider rulings in arbitrations involving different customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers. As in court, you and we agree that any counsel representing someone in arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), and the arbitrator is authorized to impose any sanctions available under that rule, the AAA Rules, or applicable federal or state law against all appropriate represented parties or counsel.
During the arbitration, the amount of any settlement offer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are entitled. If you have complied with the requirements of this paragraph and paragraph (3) and the arbitrator awards you an amount of money that exceeds the value of our last written settlement to you before the appointment of the arbitrator, then we will pay you $1,000 in lieu of any smaller award. In determining whether you are entitled to the minimum $1,000 recovery, the arbitrator shall not consider amounts offered or awarded for attorneys' fees or costs. Any disputes as to payment of the $1,000 minimum recovery shall be resolved by the arbitrator, and must be raised within 14 days of the arbitrator's ruling on the merits.
(6) Arbitration Fees: We will pay all AAA filing, administration, case-management, hearing, and arbitrator fees (“AAA Fees”) if we initiate an arbitration. If you initiate arbitration of claims of $10,000 or less, we will pay the AAA Fees, so long as you have fully complied with the requirements in paragraph (3). In such cases, we will pay the filing fee directly to AAA upon receiving a written request from you at the Notice Address or, if AAA requires you to pay the filing fee to commence arbitration, we will send that amount to the AAA and request that the AAA reimburse you. If, however, the arbitrator finds that you or your counsel have violated the standards of Federal Rule of Civil Procedure 11(b)), then the payment and allocation of AAA Fees will be governed by the AAA Rules, and you may be required to reimburse us for AAA Fees that we paid on your behalf.
(7) Requirement of Individual Arbitration: The arbitrator may award relief (including damages, restitution, and declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one person (except for the claims of co- or joint account owners pertaining to that account), and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief and proceedings or on consolidation are found to be unenforceable, then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.
(8) Coordinated Arbitrations: If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (whether the cases are pursued simultaneously or not), all the cases must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of your claim. In the first stage, we and claimants’ counsel will each select up to 25 cases (50 cases total) to be filed in arbitration and resolved individually by different arbitrators. In the meantime, no other cases may be filed or proceed in arbitration, and the arbitration administrator must not assess or demand payment of fees for the remaining cases or administer or accept them.
The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. After the first stage is completed, the parties must engage in a single mediation of all remaining cases, with us paying the mediation fee. If the parties cannot agree how to resolve the remaining cases after mediation, they will repeat the process of selecting and filing up to 50 cases to be resolved individually by different arbitrators, followed by mediation.
If any claims remain after the second stage, the process will be repeated until all claims are resolved, with four differences. First, a total of 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of claimants’ counsel.
Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase the number of cases filed in each stage. Either party may also negotiate with the arbitration administrator regarding the amount or timing of arbitration fees.
If this paragraph applies to a Notice, the Informal Resolution Period for the claims and relief set forth in that Notice will be extended (including the tolling of any limitations periods) until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this paragraph, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of arbitration fees.
This paragraph is intended to be severable from the rest of this arbitration provision. If, after exhaustion of all appeals, a court decides that the staging process is not enforceable, then the cases may be filed in arbitration and the payment of arbitration fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.
(9) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address), you may reject that change by sending us written notice within 30 days of notice of the change to the Notice Address. By rejecting that future change, you are agreeing that you will arbitrate any dispute or claim between you and us in accordance with the language of this provision, as amended by any changes that you did not timely reject.
(10) Right to Reject Arbitration Provision: If you do not wish to arbitrate, you have 30 days to reject this arbitration provision by sending a rejection notice to the Notice Address above ("Rejection Notice"). To be valid, a Rejection Notice must: (a) include your name, address, phone number, account number, and a statement that you are rejecting the arbitration provision in this agreement; and (b) be received by us within 30 days after the opening of your account. If an arbitration provision has been added for the first time to the agreement for an existing account, your Rejection Notice must be postmarked on or before the effective date of that amendment to that agreement. If your Rejection Notice complies with these requirements, this arbitration provision will not apply to you with respect to any claims that you or we commence in litigation or arbitration after we receive your Rejection Notice. Rejecting this arbitration provision will not affect your other rights or responsibilities under this agreement. Nor will it affect any other arbitration agreements between you and us, such as arbitration provisions in other contracts between you and us.
(11) Military Lending Act: If you are a covered member of the armed forces or the dependent of a covered member within the meaning of the Military Lending Act and your Agreement with us involves an extension of consumer credit under that Act, then you are not required to arbitrate disputes.
FORUM SELECTION – Unless you and we agree otherwise, to the greatest extent permitted by law, the state and federal courts in Grand Junction, Colorado. Colorado will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Dispute Resolution By Binding Arbitration provision. You and we consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or venue in those courts or any right to seek to transfer or change venue of any such action to another court.
LIABILITY - You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this Agreement.
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account, or fraud, theft or embezzlement by a third party. This liability is due immediately, and we can deduct any amounts deposited into the account and apply those amounts to the shortage costs and fees (including attorneys’ fees). You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. In the event we file suit to collect account shortages or overdrafts, you will be liable for all costs and reasonable attorney's fees incurred (both internal and external) regardless of whether the suit is withdrawn, dismissed (with or without prejudice), settled or stayed due to a bankruptcy filing.
You will also be liable for all costs and reasonable attorneys' fees (both internal and external), to the extent permitted by law, whether incurred as a result of collection effort, subpoena, summons, garnishment, levy, warrant, court order, investigation (including any internal investigation), research efforts, review of documents and communications or any type of dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney (both internal and external), whether or not we become involved in the dispute. You will also be liable for all costs and reasonable attorneys' fees (both internal and external) incurred as a result of an interpleader action which we may initiate in our sole and absolute discretion. All costs and attorneys' fees can be deducted from your account when they are incurred, without notice to you.
If you provide account information that facilitates creation of a check that is presented to us without signature, you are liable for payment of the check. Thus if you voluntarily give information about your account (such as our routing number and your account number) to a party who is seeking to sell you goods or services, and you don’t physically deliver a check to the party, any debit to your account initiated by the party to whom you gave the information is deemed authorized. You agree to indemnify us from any claim against or loss incurred by us as a result of any demand draft or remotely created check drawn on or deposited into your account. This indemnity includes reasonable attorney fees incurred by us.
Summons and Subpoena Cost Reimbursement Schedule -
DEPOSITS - It's your responsibility, not ours, to confirm the accuracy of the amount you deposit. You must notify us in a reasonable amount of time for any deposit discrepancies you may notice. If we determine a discrepancy exists between the declared and the actual amount, we may debit or credit your account accordingly. Any corrected deposit amounts will be reflected on your monthly account statement, and we may, at our discretion, notify you via USPS mail with the most recent address on our deposit records of adjustments made if the amount adjusted is over our standard adjustment notification amount.
We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn "on us"). Before settlement of any item becomes final, we act only as your agent, regardless of the form of indorsement or lack of indorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing indorsement, claim of alteration, encoding error, counterfeit cashier's check or other problem which in our judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our "daily cutoff time" on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check or draft for deposit, we may require any third-party indorsers to verify or guarantee their indorsements, or indorse in our presence.
ITEMS RETURNED -If a deposited item is returned to us by the bank on which it was drawn, we may accept that return and charge the item back against your account without regard to whether the other bank returned the item before its midnight deadline or otherwise finally paid the item. At our option and without prior notice to you, we have the right to pursue collection of previously dishonored items, including permitting a paying bank to hold an item beyond its midnight deadline in an attempt to recover payment. You waive presentment, notice of dishonor and protest, and agree that we have no obligation to notify you of any deposited item that is returned to us. Without prior notice to you, we may charge back any item at any time before final payment, whether returned or not. We may process a copy or other evidence of the returned item in lieu of the original. If an item deposited to your account or cashed for you has been paid by the paying bank and that bank later returns the item to us due to an allegedly forged, unauthorized or missing endorsement, claim of alteration, encoding error or other problem which in its judgment justifies reversal of credit, we reserve the right to charge back the item to your account.
If a deposited or cashed item is returned we can deduct the amount of the deposited or cashed item from your account even if you have withdrawn the funds and the balance in your account is not sufficient to cover the amount we hold or deduct. This could result in your account being overdrawn, and non-sufficient funds fees may be assessed.
We will determine your current available balance for overdraft purposes during our nightly processing following our cutoff time for transaction posting. At this time, items may be returned which have posted earlier in the day.
Generally - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account available balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us.
Postdated checks - A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. Because we process checks mechanically, your notice will not be effective and we will not be liable for failing to honor your notice unless it precisely identifies the number, date, amount and payee of the item.
Checks and withdrawal rules - We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted by our policy, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply any frequency limitations. In addition, we may place limitations on the account until your identity is verified.
Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our discretion we may close your account or reclassify your account as another type of account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification.
If we are presented with an item drawn against your account that would be a "substitute check," as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.
See the funds availability policy, the section titled Your Ability to Withdraw Funds, for information about when you can withdraw funds you deposit. For those accounts to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds.
Cash withdrawals - We recommend you take care when making large cash withdrawals because carrying large amounts of cash may pose a danger to your personal safety. As an alternative to making a large cash withdrawal, you may want to consider a cashier's check or similar instrument. You assume full responsibility of any loss in the event the cash you withdraw is lost, stolen, or destroyed. You agree to hold us harmless from any loss you incur as a result of your decision to withdraw funds in the form of cash.
Multiple signatures, electronic check conversion, and similar transactions - An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulation. In these types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the signatures or otherwise examine the original check or item. You agree that, as to these or any items as to which we have no opportunity to examine the signatures, you waive any requirement of multiple signatures. Please note that a merchant may attempt to collect on a converted check transaction up to three times.
Notice of withdrawal - We reserve the right to require not less than 7 days' notice in writing before each withdrawal from an interest-bearing account other than a time deposit. Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal titled “Early Withdrawal Penalties” within this document.
DORMANT ACCOUNT - Checking accounts with no deposit, withdrawal, or transfer transactions for 12 consecutive months, and savings accounts with no deposit, withdrawal, or transfer transactions for 24 consecutive months are considered dormant. To reactivate a dormant account you may: (a) make a deposit to or a withdrawal from the account; (b) update your signature card; or (c) provide a dated, signed and notarized correspondence specifically requesting the account be reactivated. We will try to contact you at the current address we have on file before we classify any account as dormant.
We reserve the right to not send statements to addresses that we have been notified by the United States Postal Service are insufficient.
Subject to applicable law, accounts may be charged dormant account fees in addition to the normal service charges (e.g., monthly service fees, paper statement fees, etc.) while the account is in dormant status, and we have an insufficient address. Please refer to your account Truth-in-Savings disclosure for the applicable monthly maintenance fees and the Fee Schedule at the end of this agreement for the current dormant account fee.
All interest-bearing accounts will continue to earn interest, even while in a dormant status. We may refuse to pay items drawn on or payable out of a dormant account. We may refuse a withdrawal or transfer from a dormant account if we cannot reach you in a timely manner to confirm the transaction. We may be required to turn over (escheat) account funds to the state if you fail to do one of the following within the time period specified by Colorado State law, which is five (5) years: (a) make a deposit to or a withdrawal from the account; (b) update your signature card; or (c) provide a dated, signed and notarized correspondence specifically requesting the account be reactivated. It is important to understand that the correspondence provided will be applicable for the subsequent 12 months for a deposit account, or in the case of a savings account, 24 months.
We may impose a fee for sending an account escheat notice to you prior to turning the funds over to the state.
If funds are remitted to the state, you may file a claim with the state to recover the funds. For more information regarding Colorado Unclaimed Property law, please visit the Colorado State Treasurer's website at colorado.findyourunclaimedproperty.com.
UNDERSTANDING AND AVOIDING OVERDRAFT AND NONSUFFICIENT FUNDS (NSF) FEES -
Generally - The information in this section is being provided to help you understand what happens if your account is overdrawn. Understanding the concepts of overdrafts and non-sufficient funds (NSF) is important and can help you avoid being assessed fees or charges.
An overdrawn account often will result in you being charged an overdraft fee if we pay the item that overdraws the account. Generally, with some exceptions, an overdraft occurs when there is not enough money in your account’s available balance (see below) at the time we authorized and in your current balance at the time we pay for a transaction, but we pay (or cover) the transaction anyway. When we pay the transaction in your account, with some exceptions, this is known as a Non-sufficient paid item or ‘NSF paid item fee’. An NSF transaction is slightly different. In an NSF transaction, we do not cover the transaction. Instead, the item or requested payment is returned. In this situation we refer to this as a Non-sufficient returned item. Importantly, we do not assess a fee if we return a transaction. We will assess our standard NSF paid item fee of $15.00 if the overdraft is a result of a transaction greater than $3.00 but less than $15.01 or a $38.00 NSF paid item fee if the overdraft is a result of a transaction of $15.01 or greater, and the transaction overdraws your account by more than $15.01 (meaning you have a negative $15.00 available balance or more).
If you use our Overdraft Privilege product and we cover a transaction for which there is not enough money in your account to pay, we will consider that an overdraft. We treat all other transactions for which there is not enough money in your account as an NSF transaction, regardless of whether we cover the transaction or the transaction is rejected.
Determining your available balance - With some exceptions, we use the current balance method to determine whether to assess an NSF paid item fee, that is, whether there is enough money in your account to pay for a transaction. For recurring debit-card transactions, certain pre-authorized ACH transactions, one time debit-card transactions and ATM transactions, we will also not assess an NSF paid item fee if your available balance was sufficient at the time we authorized the transaction even if your current balance is insufficient at the time we pay it during our nightly batch processing. In other words, for those specific transactions above, if your available balance is sufficient when we authorize the transaction or your current balance is sufficient when we pay it, you will not be assessed an NSF paid item fee. Importantly, your “available” balance may not be the same as your account’s “current” balance. Available balance can include memo posts throughout the day. This means an overdraft or an NSF transaction could occur regardless of your account’s current balance.
Your account’s current balance (sometimes called the ledger or actual balance) only includes transactions that have settled up to that point in time, that is, transactions (deposits and payments) that have posted to your account. The current balance does not include outstanding transactions (such as checks that have not yet cleared and electronic transactions that have been authorized but which are still pending). The balance on your periodic statement is the current balance for your account as of the statement date. Your current balance is not updated throughout the day.
The available balance takes transactions, both debits and credits, that have been authorized, but not yet settled, and subtracts or adds them against the current balance. In addition, when calculating your available balance, any “holds” placed on deposits that have not yet cleared are also subtracted from the current balance. For more information on how holds placed on funds in your account can impact your available balance, read the subsection titled “A temporary debit authorization hold affects your account balance.” Your available balance is updated throughout the day. We use your available balance to decide whether to authorize certain transactions (e.g., debit card transactions and ATM withdrawals).
Alpine Bank offers other products and services to help meet your financial needs. Review each product or service terms and conditions independently, as definitions, such as available balance, may differ between them.
Overdrafts - You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. So you can NOT rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past. We can change our practice of paying, or not paying, discretionary overdrafts on your account without notice to you. You can ask us if we have other account services that might be available to you where we commit to paying overdrafts under certain circumstances, such as an overdraft protection line-of-credit or a plan to sweep funds from another account you have with us. You agree that we may charge fees for overdrafts. For consumer accounts, we will not charge fees for overdrafts caused by ATM withdrawals or one-time debit card transactions if you have not opted-in to that service. (A one-time debit card transaction is a transaction where you use a debit card at a point-of-sale, in an on-line transaction, or in a telephone transaction. The transaction has to be made with a debit card issued by or on behalf of the account-holding institution.) We rely exclusively on how the merchant codes the transaction to determine whether it is “one-time” or “recurring”. We may use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees. We will not charge fees for overdrafts caused by transaction $3.00 and below, or transactions that cause less than $15.01 overdraft in the account holder’s account.
Nonsufficient funds (NSF) transactions - If an item drafted by you (such as a check) or a transaction you set up (such as a preauthorized transfer) is presented for payment in an amount that is more than the amount of money in your account, and we decide not to pay the item or transaction, you agree that the item can be returned. Be aware that such an item or payment may be presented multiple times and that we do not monitor or control the number of times a transaction is presented for payment.
Payment types - Some, but not necessarily all, of the ways you can access the funds in your account include debit card transactions, Automated Clearing House (ACH) transactions, and check transactions. All these payment types can use different processing systems and some may take more or less time to post. This information is important for a number of reasons. For example, keeping track of the checks you write and the timing of the preauthorized payments you set up will help you to know what other transactions might still post against your account. For information about how and when we process these different payment types, see the "Payment order of items" subsection below.
Balance information - Keeping track of your balance is important. You can review your balance in a number of ways including reviewing your periodic statement, reviewing your balance online, accessing your account information by phone, or coming into one of our branches.
Funds availability - Knowing when funds you deposit will be made available for withdrawal is another important concept that can help you avoid being assessed fees or charges. Refer to the funds availability policy, the section titled Your Ability to Withdraw Funds, for information on when different types of deposits will be made available for withdrawal. For those accounts to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for non-sufficient funds at any time between the times we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds.
A temporary debit authorization hold affects your available balance - On debit card purchases, merchants may request authorization for a specified sum of money when the merchant does not know the exact amount of the purchase at the time the card is authorized. The amount of the authorization request may be more than the actual amount of your purchase. Some common transactions where this occurs involve purchases of gasoline, hotel rooms, or meals at restaurants. When this happens, our processing system cannot determine that the amount of the authorization request exceeds the actual amount of your purchase. This authorization request, and its impact on your available balance account, will eventually be adjusted to the actual amount of your purchase, but it could be three calendar days, or even longer in some cases, before the adjustment is made.
Transactions with your debit card - When we authorize a debit card transaction based on your available balance, we may immediately reduce the available balance in your account by the authorization amount requested by the merchant and hold that amount until that transaction is presented by the merchant for payment, or no more than three (3) business days after the date of authorization, whichever first occurs. The final transaction amount presented by the merchant for payment may differ from the amount the merchant originally requested for authorization. If your available balance is insufficient to cover the transaction at the time we authorized it and your current balance is insufficient at the time we pay it, you may be assessed an NSF paid item fee.
Payment order of items - The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number of items overdrawn or returned unpaid and the amount of the fees you may have to pay. We may choose a payment order regardless of whether additional fees result. To assist you in managing your account, we are providing you with the following information regarding how we process those items.
Payment order on DDA & Savings accounts - Credits/deposits (Items being added to your balance) are always posted first in the account. Debits (item being deducted from your balance) generally will post in the following order: The list provided does not include all possible debit items, but rather a broad overview of common transactions. Alpine Bank will clear each item within these stated categories before proceeding to the next category.
- Common Fees - For example, a non-Alpine/non-Allpoint ATM fee, a Chargeback item fee, or an account service fee;
- Telephone Transfers - Transfers you have initiated by telephone between your Alpine accounts;
- Transfers between your Alpine accounts;
- ATM withdrawals;
- Automatic Clearing House (ACH) - Electronic payments that are made directly from your Alpine account to: other financial institutions; payment services,such as PayPal and; other businesses;
- Point of Sale (POS) or One-time Debit Card Transactions – Everyday transactions usually made with a merchant using a debit card;
- Checks - Generally post based on sequential check number order received, lowest to highest; and
- NSF Paid Item fees - Collect and post last.
If you have two items within the same categories as indicated above generally those items will post based on serial number (low to high); if those items within the stated category lack a serial number, the items will then post in a predetermined numeric order by category, if more than one item falls in the same category then it will post smallest dollar amount to the largest dollar amount.
If a check, item or transaction (other than an ATM or every day debit card transaction) is presented for payment without a sufficient current balance in your account to pay it, we may, at our discretion, pay the item (creating an Overdraft fee) or return the item for non-sufficient funds (NSF). The amounts of the overdraft fees, if we pay the item, are disclosed within the Fee Schedule section of this disclosure, and your rights to opt-in to overdraft services for ATM and one-time debit card transactions are detailed in the Overdraft Privilege section. We will not charge you a fee for paying an overdraft of an ATM or one-time debit card transaction if you have not opted-in to that service. We will not charge you an NSF returned item fee for items that are returned unpaid. An authorized debit card transaction will be paid upon presentment for payment regardless of the current balance at the time of presentment. The amounts of the overdraft fees for ATM and one-time debit card transactions are disclosed in the Fee Schedule section of this disclosure and your rights to opt-in to overdraft services. We encourage you to make careful records and practice good account management. This will help you to avoid creating items without sufficient funds and potentially incurring the resulting fees.
BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS - Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. You represent that you have the authority to open and conduct business on this account on behalf of the entity. We may require the governing body of the entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the governing body of the entity.
STOP PAYMENTS - The rules in this section cover stopping payment of common items such as checks and drafts, followed by specific rules for electronic fund transfers (e.g., Automatic Clearing House). If you have questions about rules we have not disclosed to you here or elsewhere, you may ask us about those rules. We may assess a Stop Payment Fee for each stop payment request. Please refer to the "Fee Schedule" within this disclosure.
We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because stop-payment orders are handled by computers, to be effective, your stop-payment order must precisely identify the number, date, and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order orally or in writing before the end of the six-month period. If the original stop-payment order was oral your stop-payment order may lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys' fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order. In all instances, if a stop payment order is $10,000.00 or more, Alpine Bank will require a written authorization that includes a signature. A release of the stop-payment request may be made by any person who has ownership of the account the item was presented against.
Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).
ACH STOP PAYMENTS - Excluding the following requirements as defined in this section, all provisions stated above are also applicable to stop payments for Automatic Clearing House items. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires. A release of the stop-payment request may be made by any person who has ownership of the account the item was presented against. To remain in effect for more than 14 calendar days, all stop-payment orders for an electronic fund transfer, regardless of the dollar amount, will require a written authorization that includes a signature.
Our stop-payment cutoff time for ACH items is no less than three business days before an item has been received by Alpine Bank, otherwise Alpine Bank cannot guarantee the effectiveness of the stop-payment order. Additional limitations on our obligation to stop payment are provided by law.
TELEPHONE TRANSFERS - A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Unless a different limitation is disclosed in writing, we restrict the number of transfers from a savings account to another account or to third parties, to a maximum of six per month (less the number of "preauthorized transfers" during the month). Other account transfer restrictions may be described elsewhere.
AMENDMENTS AND TERMINATION - We may amend, alter, change, or add new terms to this Agreement by sending you a notice or including a message on or with your account statement. The notice or statement will be sent to the address shown on our deposit records, or, if applicable, you will be notified of its availability electronically. We may change our fee schedules subject to any notice required by law. Although your acceptance of a change may not be required, your continued use of your account after the effective date of any amendment, alteration, change or added new terms to, or after a reasonable time, not to exceed ten (10) calendar days, if no such date is stated, will constitute your acceptance of the terms of the amendment, alteration, change or added new terms. We may amend, alter, change, add new terms to the fee schedules or other terms applicable to a particular account, based upon the account relationship and other factors. For any of these types of changes, we will give you reasonable notice in writing by any reasonable method including by mail, by any electronic communication method to which you have agreed, on or with a periodic statement, or through any other method permitted by law.
Unless otherwise indicated in the notice of change, if we have notified you of a change to your account, and you continue to have your account after the effective date of the change, you have accepted and agreed to the new or modified terms. You should review any change in terms notice carefully as the notice will provide important information of which you may need to be aware.
We reserve the right to waive any term of this agreement. However, such waiver shall not affect our right to enforce the term at a later date.
We may close this account at any time upon reasonable notice to you and tender of the account balance, if any, to you or your agent personally, by mail or by another agreed upon method. Any item or transaction presented for payment after the account is closed may be dishonored. Reasonable notice depends on the circumstances, and in some cases, such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change becomes effective. For instance, if we suspect fraudulent activity with respect to your account, and if we deem it appropriate under the circumstances and necessary to prevent further fraud, we might immediately freeze or close your account and then give you notice.
If you request that we close your account, you are responsible for leaving enough money in the account to cover any outstanding items or transactions to be paid from the account. Once any outstanding items or transactions are paid, we will close the account and tender the account balance, if any, to you or your agent personally, by mail, or by another agreed upon method.
Any items and transactions presented for payment after the account is closed may be dishonored. Any deposits we receive after the account is closed may be returned. We will not be liable for any damages for not honoring any such debits or deposits received after the account is closed.
Note: Rules governing changes in interest rates are provided separately in the Truth-in-Savings disclosure or in another document. In addition, for changes governed by a specific law or regulation, we will follow the specific timing and format notice requirements of those laws or regulations.
NOTICES - Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the check or item, including the precise check or item number, amount, date and payee. Written notice we give you is effective when it is deposited in the United States mail with proper postage and addressed to your mailing address we have on file. Notice to any of you is notice to all of you.
STATEMENTS - Your duty to report unauthorized signatures, alterations and forgeries - You must examine your statement of account with "reasonable promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations or any other indication of forgery or counterfeiting, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.
You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 30 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 30-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.
Your duty to report other errors or problems - In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error or problem - such as an encoding error or an unexpected deposit amount. Also, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing indorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 30 days. Failure to examine your statement and items and report any errors to us within 30 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.
Duty to notify if statement not received - You agree to immediately notify us if you do not receive your statement by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your account, such as possible fraud or identity theft.
ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent.
REIMBURSEMENT OF FEDERAL BENEFIT PAYMENTS - If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other available legal remedy to recover the amount of our liability. loss if we failed to use ordinary care and if we substantially contributed to the loss).
TEMPORARY ACCOUNT AGREEMENT - If the account documentation indicates that this is a temporary account agreement, each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time.
SETOFF - We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.
This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor's right of withdrawal only arises in a representative capacity. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
RESTRICTIVE LEGENDS OR INDORSEMENTS - The automated processing of the large volume of checks we receive prevents us from inspecting or looking for restrictive legends, restrictive indorsements or other special instructions on every check. For this reason, we are not required to honor any restrictive legend or indorsement or other special instruction placed on checks you write unless we have agreed in writing to the restriction or instruction. Unless we have agreed in writing, we are not responsible for any losses, claims, damages, or expenses that result from your placement of these restrictions or instructions on your checks. Examples of restrictive legends placed on checks are "must be presented within 90 days" or "not valid for more than $1,000.00." The payee's signature accompanied by the words "for deposit only" is an example of a restrictive indorsement.
FACSIMILE/ELECTRONIC SIGNATURES - You authorize us at any time, to charge you for all checks, drafts or other orders for the payment of money (instruments) utilizing a facsimile or electronic signature(s), which are drawn on us regardless of by whom or by what means the facsimile/electronic signature(s) may have been affixed. This authorization specifically includes forged or counterfeit instruments using a facsimile/electronic signature, and you agree to be solely responsible for any loss which may be incurred by virtue of the use of facsimile/electronic signature(s) under this paragraph. You expressly assume all risks involved with any unauthorized use of such facsimile/electronic signature(s) and agree that you shall be responsible for and chargeable with the amount of all instruments bearing such facsimile/electronic signature(s) or signatures resembling the same, whether or not authorized by you. This agreement is made pursuant to C.R.S. §4-4-103(a) and is intended to allow variation of the normal allocation of losses from forged checks based on the provisions of the Uniform Commercial Code.
CHECK PROCESSING - We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and indorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of indorsements unless you notify us in writing that the check requires multiple indorsements. We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you and all account holders.
AUTOMATED PROCESSING OF ITEMS - Because of the automated nature of processing a high volume of items, most checks and other items are processed automatically, i.e., without our individual review of each item. While we examine items pursuant to a random sampling of items drawn on all accounts or a procedure that meets certain minimum criteria that we may establish for inspection, you agree that we are exercising ordinary care and common and reasonable banking practices by automatically processing checks, and other items.
CHECK CASHING - We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other instrument written on your account. We may also require reasonable identification to cash such a check, draft or other instrument. We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint.
INDORSEMENTS - We may accept for deposit any item payable to you or your order, even if they are not indorsed by you. We may give cash back to any one of you. We may supply any missing indorsement(s) for any item we accept for deposit or collection, and you warrant that all indorsements are genuine.
To ensure that your check or share draft is processed without delay, you must indorse it (sign it on the back) in a specific area. Your entire indorsement (whether a signature or a stamp) along with any other indorsement information (e.g. additional indorsements, ID information, driver's license number, etc.) must fall within 11/2" of the "trailing edge" of a check. Indorsements must be made in blue or black ink, so that they are readable by automated check processing equipment.
As you look at the front of a check, the "trailing edge" is the left edge. When you flip the check over, be sure to keep all indorsement information within 11/2" of that edge.
It is important that you confine the indorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed indorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your indorsement, another indorsement or information you have printed on the back of the check obscures our indorsement.
These indorsement guidelines apply to both personal and business checks.
STALE-DATED CHECKS - We are not obligated to, but may at our option, pay a check, other than a certified check, presented for payment more than six months after its date. If you do not want us to pay a stale-dated check, you must place a stop-payment order on the check in the manner we have described elsewhere.
DEATH OR INCOMPETENCE - You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or is adjudicated (determined by the appropriate official) incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify checks drawn on or before the date of death or adjudication of incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account.
FIDUCIARY ACCOUNTS - Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters or court order.
CREDIT VERIFICATION - You agree that we may verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency.
LEGAL ACTIONS AFFECTING YOUR ACCOUNT - If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your account (termed "legal action" in this section), we will comply with that legal action. Or, in our discretion, we may freeze the assets in the account and not allow any payments out of the account until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys' fees and our internal expenses) may be charged against your account. The list of fees applicable to your account(s) provided elsewhere may specify additional fees that we may charge for certain legal actions.
ACCOUNT SECURITY - Your duty to protect account information and methods of access - Our policy may require methods of verifying your identity before providing you with a service or allowing you access to your account. We can decide what identification is reasonable under the circumstances. For example, process and identification requirements may vary depending on whether they are online or in person. Identification may be documentary or physical and may include collecting a fingerprint, voiceprint, or other biometric information.
It is your responsibility to protect the account numbers and electronic access devices (e.g., a debit card) online banking credentials we provide you for your accounts. You should also safeguard your username, password, and other access and identifying information when accessing your account through a computer or other electronic, audio, or mobile device or technology. If you give anyone authority to access the account on your behalf, you should exercise caution and ensure the trustworthiness of that agent. Do not discuss, compare, or share information about your account numbers with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to issue an electronic debit or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device or information and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized. Your account number can also be used to electronically remove money from your account, and payments can be made from your account even though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself or share the loss with us ( we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss).
INSTRUCTIONS FROM YOU - Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission, email, voicemail, or phone call to a facsimile number, email address, or phone number not designated by us for a particular purpose or for a purpose that is unrelated to the request or instruction.
MONITORING AND RECORDING TELEPHONE CALLS AND CONSENT TO RECEIVE COMMUNICATIONS - Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. You consent in advance to any such recording.
To provide you with the best possible service in our ongoing business relationship for your account we may need to contact you about your account from time to time by telephone, text messaging or email. However, we first obtain your consent to contact you about your account in compliance with applicable consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
- Your consent is limited to any and all account’s you have with us and as authorized by applicable law and regulations.
- Your consent is voluntary and not conditioned on the purchase of any product or service from us.
With the above understandings, you authorize us to contact you regarding your account throughout its existence using any telephone numbers or email addresses that you have previously provided to us by virtue of an existing business relationship or that you may subsequently provide to us.
This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voice mail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.
If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.
CLAIM OF LOSS - The following rules do not apply to a transaction or claim related to a consumer electronic fund transfer governed by Regulation E (e.g., an everyday consumer debit card or ATM transaction). The error resolution procedures for consumer electronic fund transfers can be found in our initial Regulation E disclosure titled, “Electronic Fund Transfers.” For other transactions or claims, 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, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a time account even if you don't initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of early withdrawal penalties section for additional information.
CHANGES IN NAME AND CONTACT INFORMATION - You are responsible for notifying us of any change in your name, address, or other information we use to communicate with you. Unless we agree otherwise, notice of such a change must be made in writing. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent information you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.
RESOLVING ACCOUNT DISPUTES - We may restrict the account, place a freeze on the account funds (refuse payment or withdrawal of the funds) and/or interplead the disputed account funds with the district court if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons. If we interplead the disputed account funds, you are responsible for our attorneys' fees and costs and we may deduct those fees and costs directly from the account without notice to you.
WAIVER OF NOTICES - To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
ACH AND WIRE TRANSFERS - This agreement is subject to Article 4A of the Uniform Commercial Code (UCC) - Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by Automated Clearing House association rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.
INTERNATIONAL ACH TRANSACTIONS -Financial institutions are required by law to scrutinize or verify any international ACH transaction (IAT) that they receive against the Specially Designated Nationals (SDN) list of the Office of Foreign Assets Control (OFAC). This action may, from time to time, cause us to temporarily suspend processing of an IA T and potentially affect the settlement and/or availability of such payments.
TRUNCATION, SUBSTITUTE CHECKS, AND OTHER CHECK IMAGES - If you truncate an original check and create a substitute check, or other paper or electronic image of the original check, you warrant that no one will be asked to make payment on the original check, a substitute check or any other electronic or paper image, if the payment obligation relating to the original check has already been paid. You also warrant that any substitute check you create conforms to the legal requirements and generally accepted specifications for substitute checks. You agree to retain the original check in conformance with our internal policy for retaining original checks. You agree to indemnify us for any loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks that have not previously been warranted by a bank or other financial institution in conformance with the Check 21 Act. Unless specifically stated in a separate agreement between you and us, we do not have to accept any other electronic or paper image of an original check.
REMOTELY CREATED CHECKS - Like any standard check or draft, a remotely created check (sometimes called a telecheck, preauthorized draft or demand draft) is a check or draft that can be used to withdraw money from an account. Unlike a typical check or draft, however, a remotely created check is not issued by the paying bank and does not contain the signature of the account owner (or a signature purported to be the signature of the account owner). In place of a signature, the check usually has a statement that the owner authorized the check or has the owner's name typed or printed on the signature line.
You warrant and agree to the following for every remotely created check we receive from you for deposit or collection: (1) you have received express and verifiable authorization to create the check in the amount and to the payee that appears on the check; (2) you will maintain proof of the authorization for at least 2 years from the date of the authorization, and supply us the proof if we ask; and (3) if a check is returned you owe us the amount of the check, regardless of when the check is returned. We may take funds from your account to pay the amount you owe us, and if there are insufficient funds in your account, you still owe us the remaining balance.
UNLAWFUL INTERNET GAMBLING NOTICE - Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
FUNDS TRANSFERS - The terms used in this section have the meaning given to them in UCC 4A. This section will generally not apply to you if you are a consumer. However, even if you are a consumer, this section will apply to that part of any funds transfer that is conducted by Fedwire. This section is subject to UCC 4A as adopted in the state in which you have your deposit with us. This agreement is also subject to all Automated Clearing House association rules, rules of the Board of Governors of the Federal Reserve System and their operating circulars. If any part of this agreement is determined to be unenforceable, the rest of the agreement remains effective. This agreement controls funds transfers unless supplemented or amended in a separate written agreement signed by us. This agreement does not apply to a funds transfer if any part of the transfer is governed by the Electronic Fund Transfer Act of 1978 (EFTA), except this agreement does apply to a funds transfer that is a remittance transfer as defined in EFTA unless the remittance transfer is an electronic fund transfer as defined in EFTA.
Funds transfer - A funds transfer is the transaction or series of transactions that begin with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. A funds transfer is completed by the acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's order. You may give us a payment order orally, electronically, or in writing, but your order cannot state any condition to payment to the beneficiary other than the time of payment. Credit entries may be made by ACH.
Authorized account - An authorized account is a deposit account you have with us that you have designated as a source of payment of payment orders you issue to us. If you have not designated an authorized account, any account you have with us is an authorized account to the extent that payment of the payment order is not inconsistent with the use of the account.
Acceptance of your payment order - We are not obligated to accept any payment order that you give us. If we elect to accept your payment order, we will use reasonable efforts to comply with the payment order in paying the proceeds to the beneficiary, if we are also the beneficiary's bank, or in executing the payment order if we are not also the beneficiary's bank. We may, in all cases, rely on and accept payment orders issued on your behalf by any individual(s) authorized to sign checks on any of your depository accounts with us. If we do not execute your payment order, but give you notice of our rejection of your payment order after the execution date or give you no notice, we are not liable to pay you as restitution any interest on a withdrawable credit in a non-interest-bearing account.
Rejection of payment order - You agree that we may reject any payment order you issue. We have no obligation to notify you of the rejection of your payment order and we shall have no liability to you for rejection of a payment order.
Cutoff time - If we do not receive and accept your payment order or communication canceling or amending a payment order before our cutoff time on a funds transfer day for that type of order or communication, the order or communication will be deemed to be received at the opening of our next funds transfer business day.
Payment of your order - If we accept your payment order or if the payment order is otherwise made effective against you, you agree to settle for the payment order. We may receive payment by automatically deducting from any authorized account the amount of the payment order plus the amount of any expenses, charges and fees for our services or corresponding bank charges related to execution of your payment order. We are entitled to payment at the time of the payment order. Unless your payment order specifies otherwise, the payment or execution date is the funds transfer date we receive the payment order. The funds transfer is completed upon acceptance by the beneficiary's bank. Your obligation to pay your payment order is excused if the funds transfer is not completed, but you are still responsible to pay us any expenses and charges for our services. However, if you told us to route the funds transfer through an intermediate bank, and we are unable to obtain a refund because the intermediate bank that you designated has suspended payments, then you are still obligated to pay us for the payment order. You will not be entitled to interest on any refund you receive because the beneficiary's bank does not accept the payment order.
Security procedure - As described more fully in a separate writing, the authenticity of a payment order or communication canceling or amending a payment order issued in your name as sender may be verified by a security procedure. You affirm that you have no circumstances which are relevant to the determination of a commercially reasonable security procedure unless those circumstances are expressly contained in a separate writing signed by us. You may choose from one or more security procedures that we have developed, or you may develop your own security procedure if it is acceptable to us. If you refuse a commercially reasonable security procedure that we have offered you, you agree that you will be bound by any payment order issued in your name, whether or not authorized, that we accept in good faith and in compliance with the security procedure you have chosen.
Errors in payment orders - You agree that we have no obligation to discover errors in payment orders, including duplicate payment orders, and shall not be liable to you for errors you made, including but not limited to errors made in identifying the beneficiary, or an intermediary or beneficiary's bank, or for errors in the amount of the payment order. In the event that you make an error or issue a duplicate Payment Order, you agree to indemnify, defend all claims, and hold us harmless from any loss, damages or expenses, including but not limited to attorneys' fees, we incur as the result of completion of the funds transfer.
Duty to report unauthorized or erroneous payment - You must exercise ordinary care to determine that all payment orders or amendments to payment orders that we accept that are issued in your name are authorized, enforceable, in the correct amount, to the correct beneficiary, and not otherwise erroneous. If you discover (or with reasonable care should have discovered) an unauthorized, unenforceable, or erroneously executed payment order or amendment, you must exercise ordinary care to notify us of the relevant facts. You shall notify us of any discrepancy between the Payment Order and the related funds transfer, or of any unauthorized transaction or other error on the next business day following receipt of any advice or within 14 calendar days of the delivery or mailing by us (whichever occurs first) of any statement of account relating to the authorized account, whichever is earlier, which time limits you agree are reasonable. You will be deemed to have received any advices and statements of account that are mailed by us five 5 business days after such mailing. We shall have no liability to you for any loss or damage sustained by you arising out of any payment order referenced in a statement of account for the authorized account or in an individual advice, and you shall not bring any legal proceeding or action against us to recover such loss or damage, unless (a) you shall have given the written notice as provided for herein, and (b) such legal proceeding or action shall be commenced within the period established by UCC 4A. You waive any rights to seek or enforce payment of attorneys' fees related thereto. If you do not provide us with timely notice you will not be entitled to interest on any refundable amount. If we can prove that you failed to perform either of these duties with respect to an erroneous payment and that we incurred a loss as a result of the failure, you are liable to us for the amount of the loss not exceeding the amount of your order.
Identifying number - If your payment order identifies an intermediate bank, beneficiary bank, or beneficiary by name and number, we and every receiving or beneficiary bank may solely rely upon the identifying number rather than the name to make payment, even if the number identifies an intermediate bank or person different than the bank or beneficiary identified by name. Neither we nor any receiving or beneficiary bank have any responsibility to determine whether the name and identifying number refer to the same financial institution or person.
Record of oral or telephone orders - You agree that we may, if we choose, record any oral or telephone payment order or communication of amendment or cancelation.
Notice of credit - If we receive a payment order to credit an account you have with us, we are not required to provide you with any notice of the payment order or the credit.
Provisional credit - You agree to be bound by the Automated Clearing House association operating rules that provide that payments made to you or originated by you by funds transfer through the Automated Clearing House system are provisional until final settlement is made through a Federal Reserve Bank or otherwise payment is made as provided in Article 4A-403(a) of the Uniform Commercial Code.
Refund of credit - You agree that if we do not receive payment of an amount credited to your account, we are entitled to a refund from you in the amount credited and the party originating such payment will not be considered to have paid the amount so credited.
Amendment of funds transfer agreement - From time to time we may amend any term of this agreement by giving you reasonable notice in writing. We may give notice to anyone who is authorized to send payment orders to us in your name, or to anyone who is authorized to accept service.
Cancelation or amendment of payment order - You may cancel or amend a payment order you give us only if we receive the communication of cancelation or amendment (a) before our cutoff time and (b) in time and in a manner affording us a reasonable opportunity to act on it before we accept the payment order. The communication of cancelation or amendment must be presented in conformity with the same security procedure that has been agreed to for payment orders.
If we accept any cancellation of a payment order, you agree that we are relieved of any obligation to act on such payment order. If we accept any amendment of a payment order, you agree that we are relieved of any obligation to act on the un-amended form of the payment order. You acknowledge and agree that after a payment order has been accepted by the beneficiary's bank, return of such funds must be authorized by the beneficiary and we have no responsibility to procure the return of such funds. If you deposit with us an amount reasonably determined in good faith by us to approximate the costs and expenses (including attorney's fees) which we may incur in attempting to recover the funds transferred, we may, in our sole discretion, make an attempt to recover the funds. In lieu of such a deposit, we may request you to provide a bond or other assurance of payment reasonably satisfactory to us. In no event shall we be deemed to have guaranteed the recovery of any portion of the amount transferred.
Use of correspondents, agents and systems - You agree that we may make use of such correspondents, agents and communication systems as it deems necessary or desirable to execute a payment order. To the fullest extent permitted by law (a) such correspondents, agents and systems shall be deemed to be your agents and we shall not be liable for any errors, negligence, suspension, or default of any of them or for any failure to identify the beneficiary or any mistake in payment by any of them, and (b) we shall not be liable for any errors, mutilations, misdelivery or failure of delivery in the transmission of any payment order by such correspondents, agents and communication systems or for any suspension of any means of communication or for any imposition of a censorship, exchange control or other restriction by such correspondents, agents, and communication systems, all such risk being borne by you. Each Payment Order, amendment or cancellation thereof, carried out through a funds transfer system will be governed by all applicable funds transfer system rules. Any payment order or cancellation thereof may be transmitted by any bank by use of the funds transfer system of the Federal Reserve Bank ("Fedwire"). All of your and our rights and obligations with respect to any payment order, any part of which is carried out through the use of the Fedwire, shall be governed by any applicable laws, the regulations of the Board of Governors of the Federal Reserve system, and the operating circulars of the Federal Reserve Bank.
Intermediaries - We are not liable for the actions of any intermediary, regardless of whether or not we selected the intermediary. We are not responsible for acts of God, outside agencies, or nonsalaried agents.
Limit on liability - We shall be liable only for our gross negligence or willful misconduct in performing these funds transfer services. We shall not be liable for acts or omission by you or any other person or entity, including without limitation any funds transfer systems, any Federal Reserve Bank, any beneficiary's bank and any beneficiary, none of which shall be deemed our agent. Without limitation, we shall be excused from delaying or failing to act if caused by legal constraint, interruption of transmission or communication facilities, equipment failure, war, emergency conditions, strikes or other circumstances beyond our control. In addition, we shall be excused from delaying or failing to execute a wire transfer due to any changes in the rules, regulations and policies of the Federal Reserve Board that affect our ability to send or receive wires at any time, for any reason, if the wire transfer would result in our exceeding any limitation on its intra-day net funds position established through Federal Reserve guidelines or if the wire transfer would result in violating any present or future risk control program of the Federal Reserve or a rule or regulation of any other governmental regulatory authorities. You waive any claim you may have against us for consequential, punitive or special damages, including loss of profit arising out of a payment order or funds transfer, unless this waiver is prohibited by law. We are not responsible for attorneys' fees you might incur due to erroneous execution of payment order.
Erroneous execution - If we receive an order to pay you, and we erroneously pay you more than the amount of the payment order, we are entitled to recover from you the amount in excess of the amount of the payment order, regardless of whether you may have some claim to the excess amount against the originator of the order.
Objection to payment - If we give you a notice that reasonably identifies a payment order issued in your name as sender that we have accepted and received payment for, you cannot claim that we are not entitled to retain the payment unless you notify us of your objection to the payment within one year of our notice to you.
International payment orders - Fund transfers to beneficiaries outside of the United States may be paid to the beneficiary in the foreign currency of the country to which the funds are transferred. It is your sole responsibility to notify the beneficiary that the funds originated in U.S. dollars may be paid to the beneficiary in the currency of the country to which the funds are transferred at our buying rate of exchange for wire transfers. We are not responsible for fluctuations in exchange rates. Additional terms contained in the Bank's "Remittance Transfer Disclosure" apply if you are a consumer and the beneficiary is located outside of the United States. If you are a business entity, the business entity represents and warrants that the payment order is not issued for personal, family or household purposes.
Your cooperation - In the event that we are entitled under the law governing mistake and restitution to recover from any beneficiary all or any part of a funds transfer made to such beneficiary hereunder, you agree upon our request but without expense to us to testify in any legal proceedings and otherwise take any action necessary to assist or enable us to recover from such beneficiary. You hereby consent to our disclosure to government authorities of information concerning you and transactions under this agreement that we believe to be appropriate or necessary to fulfill legal recordkeeping and reporting requirements. Upon our request, you agree to provide us with any transaction information we request to handle inquiries or tracing, or otherwise to comply with applicable laws and regulations relating to payment orders, including but not limited to dollar amounts, account(s) affected, dates and names of beneficiaries and third parties involved in the transfer.
Compliance with laws - You agree to comply with all applicable laws, rules, procedures and regulations with respect to your use of accounts with us and your use of the Funds Transfer service. We will endeavor to comply with regulations issued by the U.S. Treasury's Office of Foreign Assets Control ("OFAC"). If any payment order is to a person or entity listed on OFAC's list of Specially Designated Nationals and Blocked Persons, by law, we shall not complete the transfer and shall "block" the funds until such time that OFAC issues a written release to us.
Indemnification - You shall be liable to us for and shall indemnify and hold us and our affiliates and their respective officers, directors, employees and agents harmless from and against any and all claims, causes of action, damages, expenses (including reasonable attorneys' fees and other legal expenses), liabilities and other losses arising or resulting from your acts or omissions, or from your (or by any other person or entity acting on your behalf) provision of invalid or inaccurate data, including without limitation (a) a breach by you of any provision of this agreement; (b) our debiting or crediting of the account of any person or entity as requested by you; and (c) the failure to act or the delay of any financial institution other than us.
SUBACCOUNT ORGANIZATION - We have organized your account in a nontraditional way. Your account consists of two subaccounts. One of these is a transaction subaccount (e.g., a checking subaccount). You will transact business on this subaccount. The other is a nontransaction subaccount (e.g., a savings subaccount). You cannot directly access the nontransaction subaccount, but you agree that we may automatically, and without a specific request from you, initiate individual transfers of funds between subaccounts from time to time at no cost to you. This account organization will not change the amount of federal deposit insurance available to you, your available balance, the information on your periodic statements, or the interest calculation, if this is an interest-bearing account. You will not see any difference between the way your account operates and the way a traditionally organized account operates, but this organization makes us more efficient and helps to keep costs down.
Overdraft Privilege Service
Standard Overdraft Privilege, titled 'Overdraft Privilege' in this disclosure unless otherwise specified, is an overdraft service requiring no action on your part.
Your Overdraft Privilege limit amount is automatically assigned according to the account type. Your Overdraft Privilege limit may be available for checks and other transactions made using your checking account number, automatic bill payments, recurring debit card transactions, everyday debit card transactions, and ATM transfers or Withdrawals. Please note we trust how your merchant codes the transaction to determine whether it's "everyday" or "recurring". The Enhanced Overdraft Privilege feature will only be effective if the accounts Standard Overdraft Privilege is active.
If this is a new account with Alpine Bank, the use of the Overdraft Privilege service may be available to you on the first business day, following a 30- calendar-day waiting period, provided your account is in good standing, except in cases where the 30th calendar day falls on a federal holiday or weekend, in which case your ODP may be available the 2nd business day after the 30-calendar-day waiting period. Please refer to the section titled Overdraft Privilege Customer Terms and Conditions for specific details including what we consider an account in good standing.
If you would like to have this service removed from your account, at any time, please visit any one of our locations or you can call us at 1-800-551-6098.
Cost of the Overdraft Privilege Service
There is no additional cost associated with this service unless you use it. If you do use it, you will be charged our standard non-sufficient funds (NSF) paid item fee for each NSF item paid by check, an in-person withdrawal, an automatic payment, an Automatic Clearing House (ACH) transaction, recurring debit card payment, every day debit card purchases, ATM transfers or withdrawals, or any other debit transaction made using your checking account. The cost of our standard non-sufficient (NSF) paid item fee is $15.00 for items between $3.01 and $15.00, and $38.00 for transactions exceeding $15.00 and that overdraw your account by at least $15.01 (meaning the transaction results in at least a negative $15.01 current balance).
Overdraft Privilege limit(s)
Locate your account type below and make note of the corresponding limit. If you have multiple accounts for your household, it may be possible to have a limit on each eligible account.
| Account Type | ODP Limit |
| Business Checking | $1,400 |
| Business Checking with Interest | $1,400 |
| Business Apex Checking | $1,400 |
| Business Checking with Cash Charges | $1,400 |
| Saver's Choice Money Market | $1,400 |
| Investor's Choice Money Market | $1,400 |
| Apex Money Market | $1,400 |
| Mountain Money Market | $1,400 |
Usage of the Overdraft Privilege Service
You will receive an Overdraft Privilege notice each time items are paid using the available Overdraft Privilege, including any non-sufficient fund (NSF) paid item fees. When balancing your checkbook, you will need to subtract the amount of each overdraft item, plus our standard NSF paid item fee for each overdraft item. Our standard non-sufficient (NSF) paid item fee is $15.00 for items between $3.01 and $15.00, and $38.00 for items exceeding $15.00 when the transaction results in an account that has at least a $15.01 overdrawn balance.
Overdraft items over your currently available Overdraft Privilege limit may result in those items being returned to the payee. Be aware that such an item or payment may be presented multiple times and that we do not monitor or control the number of times a transaction is presented for payment. A notice of non-sufficient funds will be sent to the most current address we have on file, notifying you of our action(s). If we do not cover the transaction and return the item as unpaid, and regardless of whether your account is overdrawn, Alpine Bank will not assess the Non-sufficient returned item fee.
Repayment of the Overdraft Privilege Service
You should make every attempt to bring your account to a positive balance as soon as possible. However, in order to avoid the possible suspension of your Overdraft Privilege, you must bring your account to a positive end-of-day balance, for at least 1 business day, once every 30 calendar days. If you bring your account to a positive end-of-day balance within this time, your limit may be made available again the first business day after the positive balance. If you are not able to bring your account to a positive balance within 30 calendar days after the creation of the negative balance, you will receive a letter from Alpine Bank informing you of the situation and your options. If, thereafter, your account has not been brought to a positive balance, we may suspend your Overdraft Privilege and additional items may be returned.
Access to Overdraft Privilege
You may access your Overdraft Privilege limit by the following methods; Teller Transactions, Check, Recurring Debit Card Transactions, every day debit card purchases, ATM withdrawals or transfers, ACH, Alpine Online and Alpine Info-Line.
The currently available Overdraft Privilege balance available to use will not be provided in balances provided at ATM’s, Alpine Online, Alpine Info-Line or at our Teller windows.
Alternative ways to cover overdrafts
The best way to avoid overdrafts and fees is to manage your account responsibly so it does not become overdrawn. Alpine Bank offers other solutions to help cover overdrafts in addition to Overdraft Privilege. Please contact 800-551-6098, or one of our locations to inquire about these additional options and the fees that may be associated with the use of the service.
- Good account management
- An automatic "Sweep" from your Alpine Bank savings or money market account
- Ready reserve line of credit
- Telephone transfers
- Transfers from your Alpine Bank home equity line of credit
Additionally, Alpine Bank's Online Banking has features to help you maintain good account management such as Low Balance Alerts via our Alpine Bank online banking or mobile app.
OVERDRAFT PRIVILEGE CUSTOMER
TERMS AND CONDITIONS
General Terms:
An insufficient balance can result from several events, including, but not limited to: (1) the payment of checks, electronic funds transfers or other withdrawal requests; (2) payments authorized by you; (3) the return of unpaid items deposited by you; (4) bank service charges as disclosed in your Truth in Savings disclosure and the Fee Schedule; or (5) the deposit of items which, according to the bank’s Funds Availability Policy, are returned as unpaid or not yet available; or for any other problem that may involve the deposit. We are not obligated to pay any item presented for payment if your account does not contain sufficient funds .
Account Management and Termination:
If you maintain your account in good standing, we may approve overdraft items within your currently available Overdraft Privilege limit as a non-contractual courtesy. For Overdraft Privilege availability, your account is considered to be in good standing if you demonstrate responsible account management such as (1) making regular deposits to bring your account to a positive balance, for at least 1 business day, at least once every 30 calendar days (including the payment of all bank fees and charges); (2) there are no legal orders (including bankruptcies), garnishments, levies or liens against your account and 3) you have no outstanding indebtedness past due or in default to Alpine Bank on any other account relationships. If you fail to meet any of the above stated requirements, we reserve the right to terminate the Overdraft Privilege service on your account until your account is once again in good standing. In addition, based upon our review of your account management, if we determine you may be using Overdraft Privilege as a regular line of credit by creating excessive overdrafts, we may suspend the Overdraft Privilege without any prior notice.
Regardless of account standing, Alpine may/may not pay an item and if paid, we may assess a non-sufficient (NSF) paid item fee for each item in excess of $3.00 that results in an overdrawn balance of at least $15.01.
Overdraft Privilege should not be viewed as an encouragement to overdraw your account. We encourage you to manage your finances responsibly by reviewing all your account notices and periodic statements as soon as you receive them, enter all items in your check register and reconcile your account(s) regularly.
Payment of Items:
The order items post to your account is further explained in the previous subsection, "Payment order of items." In the normal course of business, our practice is to pay electronic transactions first and then checks in serial number order. We reserve the right to change the order of payment without notice to you if we suspect fraud or possible illegal activity affecting your account. Also, please be aware that the order of item payment may create multiple overdrafts during a single banking day for which you will be charged our standard NSF item fee for each overdraft item (paid or returned). You may opt out of Overdraft Privilege at any time, but you are responsible for any indebtedness owed to Alpine Bank at the time of opting out. Normally, we will not approve the payment of overdraft item(s) in excess of the predetermined, or currently available, Overdraft Privilege amount assigned to your account type. So as not to exceed your limit, when reconciling your account, please note that the amount of the overdraft item, plus the bank's standard NSF paid item fee will be deducted from the overdraft limit. We may refuse for any reason, at our sole discretion, not to cover your overdrafts, even though we may have previously paid items for you at other times. You will be notified by mail of any non-sufficient funds items, paid or returned, that you may have; however, we have no obligation to notify you before we pay or return any item.
Please note that your Overdraft Privilege limit may be available for each item paid under the limit created by checks, teller withdrawals, automatic payments, Automated Clearing House transactions, automatic bill payments, recurring debit card payments, everyday debit card purchases , ATM transfers or withdrawals or any other debit transaction made using your checking account, using your limit. The Overdraft Privilege limit will not be included in the balance provided during an inquiry.
Payment obligation:
The amount of any indebtedness owed to Alpine Bank, which may include our standard NSF paid item fees, shall be due and payable upon demand, but if no demand is made, no later than 30 calendar days after the creation of the insufficient balance. If there is an overdraft item paid by us on an account with more than one owner on the signature card, each owner and agent, if applicable, drawing/presenting the item(s) creating the insufficient balance, shall be jointly and severally liable for such overdraft plus our standard NSF paid item fee.
Limitations:
Overdraft Privilege is a non-contractual courtesy that is available to individually/jointly owned accounts in good standing for personal or business use. Alpine Bank reserves the right to limit participation to one account per household or business and to discontinue this service without prior notice. Please refer to the section titled "Terms and Conditions - Understanding and Avoiding Overdraft and Nonsufficient Funds (NSF Fees)" for additional details and limitations concerning overdrafts.
Your Ability to Withdraw Funds
This policy statement applies to "transaction" accounts, but not to savings deposits. Transaction accounts, in general, are accounts which permit an unlimited number of payments to third persons and an unlimited number of telephone and preauthorized transfers to other accounts of yours with us. Checking accounts are the most common transaction accounts. Feel free to ask us whether any of your other accounts might also be under this policy.
Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before closing 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 closing time or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
LONGER DELAYS MAY APPLY
Case-by-case delays. 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 that you deposit, funds may not be available until the second business day after the day of your deposit. The first $225 of your deposits, however, will be available on the first business day.
If we are not going to make all of the funds from your deposit available on the first business day, 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 the premises, we will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
We believe a check you deposit will not be paid.
You deposit checks totaling more than $5,525 on any one day.
You redeposit a check that has been returned unpaid.
You have overdrawn your account repeatedly in the last six months.
There is an emergency, such as failure of computer or communications equipment.
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. They will generally be available no later than the seventh business day after the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the seventh business day after the day of your deposit.
Specific Account Details
We reserve the right to require not less than seven days' notice in writing before each withdrawal from an interest-bearing account other than a time deposit.
Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of Early Withdrawal penalty.
Business Checking Account
Business Checking With Interest Account
Irrevocable Trust with Interest Account
Irrevocable Trust
Carholf/Coltaf Account
Business Checking with Cash Charges Account
Lien Waiver Account
Certificates of Deposit
Saver's Choice Money Market Account
Mountain Money Market Account
Minimum balance to open the account:
There is no minimum balance to open this account.
Fees:
An account activity fee is calculated at the end of each statement cycle for this account. The account activity fee is based off of the account type and the services you use. For a detailed list of fees, please see the fee schedule. You may also use your monthly account analysis statement for current items and fees included in the account activity fee. Account activity fees will be assessed when your statement cycles instead of posting at different times during the month. This account features an earnings credit. The total account activity fee can be offset by the earnings credit. An earnings credit is a non-cash credit applied to your checking account that may reduce or eliminate the account activity fees. If the earnings credit exceeds the total account activity fee, you will not be assessed any of the fee, but you will not be paid forward or otherwise receive credit for any excess earnings credit. Earnings Credit Calculation - the earnings credit will be calculated by applying a periodic earnings credit rate to the average collected balance in the account for each day of the statement period. The statement period and the earnings credit rate appears on your monthly analysis statement. Or you may obtain the current earnings credit rate from a local Personal Banking or Customer Service Representative. At our discretion, the earnings credit rate may change at any time. Upon account closure, you may be charged the currently accrued account activity fee.
Business Checking With Interest Account
Designed for Sole proprietors, non-profits and public organizations only.
Rate Information:
Your interest rate and annual percentage yield may change.
Frequency of rate changes:
We may change the interest rate on your account at any time.
Determination of rate:
At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency:
Interest will be compounded every month. Interest will be credited to your account every month.
Effect of closing an account:
If you close your account before interest is credited, you will receive the accrued interest.
Daily 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 noncash deposits:
Interest begins to accrue on the business day you deposit noncash items (for example, checks).
Fees:
An account activity fee is calculated at the end of each statement cycle for this account. The account activity fee is based off of the account type you have and the services you use. For a detailed list of fees, please see the fee schedule. You may also use your monthly account analysis statement for current items and fees included in the account activity fee. Account activity fees will be assessed when your statement cycles instead of posting at different times during the month. This account features an earnings credit. The total account activity fee can be offset by the earnings credit. An earnings credit is a non-cash credit applied to your checking account that may reduce or eliminate the account activity fees. If the earnings credit exceeds the total account activity fee, you will not be assessed any of the fee, but you will not be paid forward or otherwise receive credit for any excess earnings credit. Earnings Credit Calculation - the earnings credit will be calculated by applying a periodic earnings credit rate to the average collected balance in the account for each day of the statement period. The statement period and the earnings credit rate appears on your monthly analysis statement. Or you may obtain the current earnings credit rate from a local Personal Banking or Customer Service Representative. At our discretion, the earnings credit rate may change at any time. Upon account closure, you may be charged the currently accrued account activity fee.
Additional Information:
Please refer to our separate rate sheet for current interest rate and annual percentage yield information.
Irrevocable Trust with Interest Account
Minimum balance to open the account:
There is no minimum balance to open this account.
Rate Information:
Your interest rate and annual percentage yield may change.
Frequency of rate changes:
We may change the interest rate on your account at any time.
Determination of rate:
At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency:
Interest will be compounded every month. Interest will be credit to your account every month.
Effect of closing an account:
If you close your account before interest is credited, you will receive the accrued interest.
Daily 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 noncash deposits:
Interest begins to accrue on the business day you deposit noncash items (for example, checks).
Fees:
An account activity fee is calculated at the end of each statement cycle for this account. The Account Activity fee includes a $5.00 Maintenance Charge, a $5.00 per Returned Item fee, a $5.00 Check Image with Statement Fee as well as a $0.15 ledger entry (each debit and credit transaction) fee, per presentment and a $0.10 deposited item fee per presentment. All charges and fees will be assessed when your statement cycles instead of posting at different times during the month. This account features an Earnings Credit. The total Account Activity Fee can be offset by the earnings credit. An earnings credit is a non-cash credit applied to your checking account that may reduce or eliminate the maintenance charge and activity fees. If the earnings credit exceeds the total Account Activity Fee, you will not be assessed any of the fee, but you will not be paid forward or otherwise receive credit for any excess earnings credit. Earnings Credit Calculation- the earnings credit will be calculated by applying a periodic earnings credit rate (2.4000%) to the average collected balance in the account for each day of the statement period. At our discretion, the earnings credit rate may change at any time. Upon account closure, you may be charged the currently accrued account activity fee.
Additional Information:
Trust must have their own EIN for IRS reporting.
Please refer to our separate rate sheet for current interest rate and annual percentage yield information.
Minimum balance to open the account:
There is no minimum balance to open this account.
Fees:
An account activity fee is calculated at the end of each statement cycle for this account. The Account Activity fee includes a $5.00 Maintenance Charge, a $5.00 per Returned Item fee, a $5.00 Check Image with Statement Fee as well as a $0.15 ledger entry (each debit and credit transaction) fee, per presentment and a $0.10 deposited item fee per presentment. All charges and fees will be assessed when your statement cycles instead of posting at different times during the month. This account features an Earnings Credit. The total Account Activity Fee can be offset by the earnings credit. An earnings credit is a non-cash credit applied to your checking account that may reduce or eliminate the maintenance charge and activity fees. If the earnings credit exceeds the total Account Activity Fee, you will not be assessed any of the fee, but you will not be paid forward or otherwise receive credit for any excess earnings credit. Earnings Credit Calculation- the earnings credit will be calculated by applying a periodic earnings credit rate (2.4000%) to the average collected balance in the account for each day of the statement period. At our discretion, the earnings credit rate may change at any time. Upon account closure, you may be charged the currently accrued account activity fee.
Additional Information:
Trust must have their own EIN for IRS reporting.
Business Checking with Cash Charges Account
Minimum balance to open the account:
There is no minimum balance to open this account.
Fees:
An account activity fee is calculated at the end of each statement cycle for this account. The account activity fee is based off of the account type you have and the services you use. For a detailed list of fees, please see the fee schedule. You may also use your monthly account analysis statement for current items and fees included in the account activity fee. Account activity fees will be assessed when your statement cycles instead of posting at different times during the month. This account features an earnings credit. The total account activity fee can be offset by the earnings credit. An earnings credit is a non-cash credit applied to your checking account that may reduce or eliminate the account activity fees. If the earnings credit exceeds the total account activity fee, you will not be assessed any of the fee, but you will not be paid forward or otherwise receive credit for any excess earnings credit. Earnings Credit Calculation - the earnings credit will be calculated by applying a periodic earnings credit rate to the average collected balance in the account for each day of the statement period. The statement period and the earnings credit rate appears on your monthly analysis statement. Or you may obtain the current earnings credit rate from a local Personal Banking or Customer Service Representative. At our discretion, the earnings credit rate may change at any time. Upon account closure, you may be charged the currently accrued account activity fee.
Additional Information:
Account product for businesses that meet the definitions of a BSA defined Money Service Business.
Minimum balance to open the account:
There is no minimum balance to open this account.
Rate Information:
Your interest rate and annual percentage yield may change.
Frequency of rate changes:
We may change the interest rate on your account at any time.
Determination of rate:
At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency:
Interest will be compounded every month. Interest will be credit to your account every month.
Effect of closing an account:
If you close your account before interest is credited, you will receive the accrued interest.
Daily 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 noncash deposits:
Interest begins to accrue on the business day you deposit noncash items (for example, checks).
Additional Information:
Account product is available for Realtor(s) requesting a CARHOF account or for Attorney(s) requesting a COLTAF account.
Please refer to our separate rate sheet for current interest rate and annual percentage yield information.
Saver's Choice Money Market Account
Rate information:
Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time.
Determination of rate:
At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency:
Interest will be compounded every month. Interest will be credited to your account every month.
Effect of closing an account:
If you close your account before interest is credited, you will receive the accrued interest.
Daily 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 noncash deposits:
Interest begins to accrue on the business day you deposit noncash items (for example, checks).
Fees:
An excess transfer/withdrawal fee of $10.00 may be charged each statement cycle. This fee will apply to any transfer or withdrawal by means of electronic, preauthorized, automatic, digital or telephone transfers; OR on transfers or withdrawals by means of checks, drafts, debit cards, automatic transfers or preauthorize transfers to a third party, exceeding six per statement cycle.
Additional Information:
Please refer to our separate rate sheet for current interest rate and annual percentage yield information.
Rate Information:
Your interest rate and annual percentage yield may change. Frequency of rate changes - We may change the interest rate on your account at any time.
Determination of rate:
At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency:
Interest will be compounded every month. Interest will be credited to your account every month.
Effect of closing an account:
If you close your account before interest is credited, you will receive the accrued interest.
Daily 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 noncash deposits:
Interest begins to accrue on the business day you deposit noncash items (for example, checks).
Fees:
An excess transfer fee of $10.00 will be charged for each of the following items listed that exceed six within a month. This fee will apply to any transfer or withdrawal by means of electronic, preauthorized, automatic, digital, or telephone transfer; OR on transfers or withdrawals by means of checks, drafts, debit cards, automatic transfers, or preauthorized transfers to a third party.
Additional Information:
Please refer to our separate rate sheet for current interest rate and annual percentage yield information.
Additional Terms:
A lien waiver account is a temporary, no interest and no fee account set up for the purpose of a construction project. A lien waiver account disburses funds from a construction loan or owner's cash to demonstrate full payment and satisfaction for all work performed and/or materials furnished on a construction project.
Rate Information:
You will be paid the disclosed rate until first maturity.
Compounding frequency:
Interest will be compounded every 30 days.
Crediting frequency:
Interest will be credited to your account every 30 days.
Effect of closing an account:
If you close your account before interest is credited, you will receive the accrued interest.
Minimum balance to open the account:
You must deposit $1,000.00 to open this account.
Minimum balance to obtain the annual percentage yield disclosed:
You must maintain a minimum balance of $1,000.00 in the account each day to obtain the disclosed annual percentage yield.
Daily 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 noncash deposits:
Interest begins to accrue on the business day you deposit noncash items (for example, checks).
Transaction limitations:
You may make deposits into your account if the interest rate on the CD is equal or less than the current interest rate for a CD with similar maturity to the remaining maturity of the CD.
You may make withdrawals of principal from your account before maturity. Principal withdrawn before maturity is included in the amount subject to early withdrawal penalty.
You can withdraw interest without penalty monthly, quarterly, semi-annually, annually or at maturity of the time deposit. Interest withdrawn before monthly, quarterly, semi-annually or before the term of the account will be included in the amount subject to early withdrawal penalty.
Time requirements:
Your account will mature as stated on your certificate of deposit.
Early withdrawal penalties: (a penalty will be imposed for withdrawals before maturity)
- The interest rate that we will use to calculate the interest forfeiture will be the rate at which the time deposit is currently earning interest.
- If your account has an original maturity of one year or less:
The fee imposed will equal 30 days interest on the amount withdrawn. If the withdrawal is made within the first six days after the deposit, we may impose a penalty of 7 days interest, on the amount withdrawn subject to penalty. - If your account has an original maturity of 18 months - 4 years:
The fee imposed will equal 90 days interest on the amount withdrawn. If the withdrawal is made within the first six days after the deposit, we may impose a penalty of 7 days interest, on the amount withdrawn. - If your account has an original maturity of 5 years:
The fee we may impose will be 3% of the original or renewal balance. If the withdrawal is made within the first six days after the deposit, we may impose a penalty of 7 days interest, on the amount withdrawn subject to penalty.
Minimum Balance Accounts:
We reserve the right to treat any withdrawal which would reduce the balance remaining in the account below the required minimum initial deposit or minimum balance as a withdrawal of the entire account balance and calculate the amount of the penalty accordingly.
In certain circumstances such as the death or incompetence of an owner of this account, the law permits, or in some cases requires, the waiver of the early withdrawal penalty. Other exceptions may also apply, for example, if this is part of an IRA or other tax-deferred savings plan.
Withdrawal of interest prior to maturity:
The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings.
Automatically renewable time account:
This account will automatically renew at maturity. You may prevent renewal if we receive written notice from you before maturity of your intention not to renew or you withdraw the funds in the account at maturity (or within the grace period mentioned below, if any). If you prevent renewal, interest will not accrue after final maturity.
Each renewal term will be the same as the original term, beginning on the maturity date, unless disclosed otherwise in your Certificate of Deposit Account Agreement. The interest rate will be calculated on the same basis as during the original term unless disclosed elsewhere in your Certificate of Deposit Account Agreement.
You will have ten calendar days after maturity to withdraw the funds without a penalty.
Additional Information:
Please refer to our separate rate sheet for current interest rate and annual percentage yield information.
Current Rates
Please see a customer service representative for more information on fees and terms.
* Elite Checking, Golden Edge Checking, Business Interest Checking, Saver's Choice, Investor's Choice, Apex, Health Savings, Youth Savings, and Irrevocable Trust w/ Interest Accounts are variable rate accounts. The rate may change at any time after you open your account.
* Minimum balances to obtain the APY are $100,000 on Jumbo Time Deposits and $1,000 on Regular Time Deposits.
* Fees may reduce earnings on accounts.
* A penalty may be imposed for early withdrawal on any Time Deposit.
Fee Schedule
When you use specific Alpine Bank account(s), you may be charged for specific transactions or services. We may base certain fees on the amount and type of activity in your account for each statement period. Some fees may be offset by your earnings credit balance, other fees will be charged to the account at the time of service.
| Account (general) Services | |
| Account Activity Deposited Item Fee‡* | $0.10/item |
| Account Activity Ledger Item Fee ‡** | $0.15/item |
| Account Closed within 6 Months† | $25.00 |
| Account Maintenance fee ‡ | $10.00/month |
| Account Reconciliation† | $30.00/hr |
| Dormant Account Fee†[1] | $25.00/month |
| Garnishments† | $75.00 |
| Research Fee | $25.00/hour ($25.00 minimum) |
| Maximum charge $1,000.00 | |
| AlpineLockBox† | Certain fees apply |
| Contact a Commercial Banker | |
| Automatic Clearing House (ACH) Services | |
| ACH EDI Service | No Charge |
| ACH Online Batch Initiation‡ | $10.00/month + |
| $0.15/transaction within the batch | |
| AHC Notification of Change | No Charge |
| ACH Remote ACH Initiation‡ | $10.00/month |
| ACH Return Item Fee (Debit or Credit)† | $5.00/item |
| ACH Set-Up Fee | No Charge |
| Automatic Teller Machine [ATM] Services | |
| Non-Alpine Bank, non-Allpoint and/or all international ATM Fee† | $2.00 |
| Bill Payment Services (Online) | No Charge |
| Check Services | |
| Cashier’s Check Purchase†[2] | $3.00/item |
| Check Order†[3] | Varies |
| Check Charge Back Item Fee† | $5.00/item |
| Check Collection Fee†[4] (Foreign or Domestic) | Up to $25.00/collection |
| Temporary Checks† (4 Checks/page) | $2.00/page |
| Credit Cards[5] | |
| Platinum or Platinum Rewards | No Annual Fee |
| Signature Card | No Annual Fee |
| Coin and Currency Services | |
| Coin & Currency Exchange‡[6] | 0.3% per every $1.00 of currency |
| exchanged, purchased, or deposited | |
| Foreign Currency Exchange†[4][7] | 3% of foreign currency amount |
| Loose Coin Processing Customer† | 2% of coins processed |
| Loose Coin Processing Non-customer | 15% of coins processed |
| Debit Card Services | |
| VISA® Foreign Transaction Fee†[8] | 1% of transaction amount |
| Two-Day Express Delivery Charge for VISA® Debit Cards† | $45.00 |
| Depository Services | |
| Deposit Correction | No Charge |
| Returned Deposited Item Fee† | $5.00/presentment |
| Earnings Credit Rate‡[9] | 1.5% |
| Merchant Processing† | Certain fees apply |
| Contact a Commercial Banker | |
| Other Services | |
| Coupon Collection (per envelope) | $25.00/collection |
| Lock Bag | $35.00 |
| Money Orders[2][10] | $2.00 |
| Notary Fee[2] | No Charge |
| Online Banking | No Charge |
| Online Transfers between Alpine Bank Accounts | No Charge |
| Overdraft Fees†[11] | |
| Items exceeding $3.01 up to $15.00 | $15.00 |
| Items over $15.01 | $38.00 |
| Positive Pay‡ | |
| ACH: Exceptions | No Charge |
| ACH: Monthly Service | No Charge |
| ACH: Set-Up | No Charge |
| Check: Exceptions | No Charge |
| Check: Monthly Service | No Charge |
| Check: Set-Up | No Charge |
| Ready Reserve Line of Credit†[12] | $100.00/year |
| Safe Deposit/Self Service Box Rental Fees [per year]†[13] | |
| 3 X 5 | $100.00 / with auto debit $50.00 |
| 5 X 5 | $110.00 / with auto debit $55.00 |
| 3 X 10 | $120.00 / with auto debit $60.00 |
| 5 X 10 | $150.00 / with auto debit $75.00 |
| 7 X 10 | $170.00 / with auto debit $85.00 |
| 10 X 10 | $200.00 / with auto debit $100.00 |
| Box Drilling | $150.00 |
| Lost Box Key | $50.00 |
| SafePoint† | Certain fees apply |
| Contact a Commercial Banker | |
| Secure File Transfer Protocol‡ | |
| SFTP: ACH Items and Addenda | $50.00/month |
| SFTP: Checks Issued | $50.00/month |
| SFTP: Daily Activity | $50.00/month |
| SFTP: Paid Checks | $50.00/month |
| SFTP: Remote Deposit | $50.00/month |
| SFTP: Set-Up Fee | $500.00 one-time |
| Statements | |
| Electronic Statements | No Charge |
| Check Images w/Monthly Statement‡ | $5.00/month |
| Customer Service Statement‡[14] | $3.00/statement |
| Paper Statements | No Charge |
| Stop Payment Fee [Check or ACH]† | $40.00/item |
| Transfer Services† | |
| Excess Transfer/Withdrawal Fee- Money Market | $10.00/item |
| Excess Transfer/Withdrawal Fee- Savings | $1.00/item |
| Sweep Services | $10.00/Sweep |
| Telephone Transfer | No Charge |
| Wire Transfer Fee† | |
| Incoming** | |
| Outgoing Domestic | $25.00/wire |
| Outgoing International | $45.00/wire |
| Outgoing Online (Domestic & International) | $15.00/wire |
| Drawdown | $25.00/wire |
‡ Fees are offset by the account’s earnings credit balance
† Fees are not offset by the account’s earnings credit balance and will be charged to the account at the time of service.
* Deposit Item fee per presentment include but is not limited to: physical checks deposited in branch or electronically.
**Ledger Entry fees per presentment include, but is not limited to: Checks, Withdrawals, electronic debits, and electronic credits [e.g. incoming wire transfers].
1Account may be charged dormant account fees while the account is in dormant status and we have an insufficient address.
2Customer Only
3Various pricing from 3rd party vendor
4Additional fees may be charged from the corresponding bank.
5No Annual Fee, No Foreign Transaction Fees. Subject to Alpine Bank standard underwriting requirements and account terms and conditions.
6Charged to the “BUSINESS CHECKING WITH CASH CHARGES” account type only.
7Additional fees may apply; please see your Customer Service Representative or Personal Banking Representative for additional information.
8Visa USA charges us a 1% International Service Assessment on all international transactions regardless of whether there is a currency conversion. We pass this international transaction fee on to you. An international transaction is a transaction where the country of the merchant is outside the USA, including internet transactions made in the United States but with a merchant who processes the transaction in a foreign country. This means an international transaction can occur even though the transaction is made when you are not in a foreign country. For example, a transaction made online with a foreign merchant is an international transaction even though made while you are physically in the United States.
9Certain Business Checking accounts have an Earnings Credit. The total Account activity fee can be offset by the earnings credit. The Earnings Credit is a non-cash credit applied to your checking account that may reduce or eliminate the account activity fees. If the earning credit exceed the total Account activity fee, you will not be assessed any of the fee, but you will not be paid forward or otherwise receive credit for any excess earnings credit. To calculate your earnings credit, we apply a periodic earning credit rate to the average collected balance in the account for each day of the statement period. At our discretion, the earnings credit rate may change at any time.
10Maximum purchase amount of $1,000.00
11Per item when overdrawn by $15.01 or more (meaning you have a negative $15.01 available balance or more)
12Subject to current market conditions and Alpine Bank underwriting requirements
13Box contents are not FDIC insured.
14Duplicate Account Statement that is produced
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