Bank 21 is committed to helping business customers grow and succeed within
their community by offering the products that help them to do so. Below, you
will find a full list of the accounts that we have to offer you and your
growing business. All of our accounts can be linked with a debit or ATM card,
free business online banking, bill pay, payroll, ACH receipts, and ACH
payments.
Full account details and disclosures provided at the bottom of this page.
Business Account Disclosure
DEFINITIONS. Throughout this Agreement, these terms have the following meaning:
- "You," "your," and "account owner" refer to the Customer named on the account.
- "We," "our," and "us" refer to the Bank, BANK 21.
- "Item" or "items," as defined by Article 4 of the Uniform Commercial Code (UCC), means an instrument or a
promise or order to pay money handled by a financial institution for collection or payment. The term includes a
check but does not include a payment order governed by Article 4A of the UCC or a credit or debit card slip.
- "Debit transactions," "debit," or "debits" refer to funds that are taken out of your account. Common types of
debits may include: checks that you have written, ACH payments, wire transfers, PIN-based debit card transactions,
and signature-based debit card transactions.
- "Credit transactions," "credit," or "credits" refer to deposits of funds into your account. Common types of
credits include: cash deposits, direct deposits, check deposits, and ACH and wire transfers made payable to you.
Credits are generally added to your account and are made available to you in accordance with our funds
availability schedule.
GENERAL AGREEMENT. You understand that the following Account Agreement
("Agreement") governs your Checking account with us, along with any other documents applicable to your account,
including any account opening Disclosures that have been provided to you, which are incorporated by reference. You
understand that your account is also governed by applicable law. The information found in any account opening
Disclosures may change from time to time in our sole discretion. If the fees, charges, minimum balance requirements,
or other items change in a manner that would adversely affect you, we will provide you with written notice prior to
the change. By providing a written or electronic signature on the Account Information document or other agreement to
open your account, or by using any of our deposit account services, you and any identified account owners agree to
the terms contained in this Account Agreement.
YOUR CHOICE OF ACCOUNT. You have instructed us as to the title and type of the
account that you have chosen. You acknowledge that it is your sole responsibility to determine the full legal effect
of opening and maintaining the type of account you have chosen. We have not set forth all laws that may impact your
chosen account. You must determine whether the account you select is appropriate for your current and future needs.
Except as required by law, we assume no legal responsibility to inform you as to the effect of your account choice
on your legal interests.
BUSINESS ACCOUNTS. Business accounts are those established by any partnership,
corporation, association or other entity operated on a for-profit basis; all corporations and associations operated
on a not-for-profit-basis; and any individual who intends to use the account for carrying on a trade or business. We
reserve the right to require separate written authorization, in a form acceptable to us, telling us who is
authorized to act on your behalf. We are authorized to follow the directions of a person designated as having
authority to act on the entity's behalf until we receive written notice that the authority has been terminated and
have had a reasonable time to act upon that notice.
ADDITIONAL DOCUMENTS TO OPEN ACCOUNT. You agree to supply us with a copy of any
chartering document, Operating Agreement, or related documents requested by us.
ESCROW, TRUST, FIDUCIARY AND CUSTODIAL ACCOUNTS. When your account is set up as
an escrow account, trust account, fiduciary account or custodial account, it is your sole responsibility to
determine the legal effects of opening and maintaining an account of this nature. We have no obligation to act as
trustee or to inquire into your powers or responsibilities over this account. We reserve the right to require the
documentation necessary under applicable law to establish, maintain, manage, and close this account. There may be
additional terms and conditions that apply to this account that are governed by a separate agreement.
TRANSFERS AND ASSIGNMENTS. We may assign or transfer any or all of our interest
in this account. You cannot assign or transfer any interest in your account unless we agree in writing.
RESTRICTIVE LEGENDS. We are not required to honor any restrictive legend on
checks you write unless we have agreed to the restriction in writing signed by an officer of the Bank. Examples of
restrictive legends are "two signatures required", "must be presented within 90 days" or "not valid for more than
$1,000.00."
STALE OR POSTDATED CHECKS. We reserve the right to pay or dishonor a check more
than six (6) months old without prior notice to you. You agree not to postdate any check drawn on the account. If
you do, and the check is presented for payment before the date of the check, we may pay it or return it unpaid. We
are not liable for paying any stale or postdated check. Any damages you incur that we may be liable for are limited
to actual damages not to exceed the amount of the check.
PREAUTHORIZED CHECKS OR DRAFTS. You should guard information about your account
(such as your routing number and your account number) as carefully as you would guard blank checks. If you
voluntarily give such information about your account to a party which is seeking to sell you goods or services,
without physically delivering a check to that party, any debit to or withdrawal from your account it initiates will
be deemed authorized by you.
VERIFYING FUNDS AVAILABILITY FOR CHECK. You authorize us to release funds
availability information about your account to individuals or merchants who represent to us that they have received
a check from you.
CHECK SAFEKEEPING. If you utilize a check safekeeping system or any other system
offered by us for the retention of your checks, you understand that the canceled checks will be retained by us and
destroyed after a reasonable time period or as required by law. Any request for a copy of any check may be subject
to a fee, as indicated in the Fee Schedule or Disclosures and as allowed by law. If for any reason we cannot provide
you with a copy of a check, our liability will be limited to the lesser of the face amount of the check or the
actual damages sustained by you.
YOUR RESPONSIBILITY FOR BACK OF CHECK. All negotiable paper ("checks") presented
for deposit must be in a format that can be processed and we may refuse to accept any check that does not meet this
requirement. All endorsements on the reverse side of any check deposited into your account must be placed on the
left side of the check when looking at it from the front, and the endorsements must be placed so as not to go beyond
an area located 1-½ inches from the left edge of the check when looking at it from the front. It is your
responsibility to ensure that these requirements are met and you are responsible for any loss incurred by us for
failure of an endorsement to meet this requirement.
ELECTRONIC CHECKS AND ELECTRONICALLY-CREATED ITEMS. Pursuant to Regulation CC,
electronic checks may be treated the same as paper checks for check collection and processing purposes. See the
Substitute Checks section for more information.
Electronically-created items ("ECI") are check-like items created in electronic form that never existed in paper
form. For example, you set up automatic bill payments with us to pay your utility bill. From your account
information, we create an ECI that is sent to your utility company for payment. An ECI cannot be used to create a
substitute check since it never existed in paper form.
SUBSTITUTE CHECKS. To make check processing faster, federal law permits financial
institutions to replace original checks with "substitute checks." These substitute checks are similar in size to the
original checks with a slightly reduced image of the front and back of the original check. The front of a substitute
check states: "This is a legal copy of your check. You can use it the same way you would use the original check."
You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you
receive back from us may be substitute checks. An electronic check can be used to create a substitute check since
the electronic image and electronic information was derived from its paper form.
REMOTE DEPOSIT CAPTURE. Remote deposit capture ("RDC") allows you to make
deposits to your account from remote locations by electronically transmitting digital images of your original paper
checks, which are drawn on or payable through United States financial institutions in United States dollars to us.
We may then use the digital image to create an electronic check or substitute check for collection. If you use our
RDC services, if applicable, we may require you to endorse the back of the paper check to indicate that it has been
remotely deposited. For example, "for mobile deposit only" or "for mobile deposit at BANK 21 only."
REMOTELY CREATED CHECKS. A remotely created check, as defined in Regulation CC,
means a check that is not created by the paying bank and that does not bear a signature applied, or purported to be
applied, by the person on whose account the check is drawn. By having a deposit account with us, you certify that
all remotely created checks deposited to your account(s) will be expressly and verifiably authorized by the payer.
And we reserve the rights to refuse for deposit any such remotely created check if we have any reason to believe
that the check is fraudulent in any manner and to obtain from you the payer's express, verifiable authorization for
any such check.
WITHDRAWALS. Deposits will be available for withdrawal consistent with the terms
of the Disclosures. Withdrawals may be subject to a service charge.
DEPOSITS. Deposits may be made in person, by mail, or in another form and manner
as agreed by us in our sole discretion. We are not responsible for transactions mailed until we actually receive and
record them. We may in our sole discretion refuse to accept particular instruments as a deposit to your account.
Cash deposits are credited to your account according to this Agreement. Other items you deposit are handled by us
according to our usual collection practices. If an item you deposit is returned unpaid, we will debit your account
for the item. You are liable to us for the amount of any check you deposit to your account that is returned unpaid
and all costs and expenses related to the collection of all or part of such amount from you. Funds deposited to your
account, excluding any Time Deposit accounts, are available in accordance with the Disclosures.
COLLECTION OF DEPOSITED ITEMS. In receiving items for deposit or collection, we
act only as your agent and assume no responsibility beyond the exercise of ordinary care. All items are credited
subject to final settlement in cash or credits. We shall have the right to forward items to correspondents including
all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in
transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our
correspondents to utilize Federal Reserve Banks to handle such items in accordance with provisions of Regulation J
(12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject
to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and
regulations of the clearinghouse.
If we permit you to withdraw funds from your account before final settlement has been made for any deposited item,
and final settlement is not made, we have the right to charge your account or obtain a refund from you. In addition,
we may charge back any deposited item at any time before final settlement for whatever reason. We shall not be
liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of
good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of
credit, return of deposited items or for any damages resulting from any of those actions.
UNLAWFUL INTERNET GAMBLING. Restricted transactions are prohibited from being
processed through your account with us as required by the Unlawful Internet Gambling Enforcement Act of 2006 and
Regulation GG. A restricted transaction is a transaction or transmittal involving any credit, funds, instrument, or
proceeds in connection with the participation of another person in unlawful Internet gambling. You will notify us if
your business practices regarding Internet gambling change in the future.
STATEMENTS. We will provide you with a periodic statement showing the account
activity. The last address you supply us in writing will be deemed the proper address for mailing this statement to
you. The account holder who receives this statement is the agent for his/her co-account holder(s) for purposes of
receiving the statement and items. You must exercise reasonable care in reviewing your statement and reasonable
promptness in notifying us of any discrepancies, such as alterations or forged or unauthorized signatures, even if
by the same wrongdoer. Reasonable promptness will not exist if you fail to notify us within 30 days after we mail or
otherwise make the statement available to you. If you fail to notify us of any discrepancies, with reasonable
promptness, your right to assert such discrepancies will be barred or limited to the extent permitted by law.
Additionally, you agree that we will not be liable for discrepancies reported to us after one year after we mail or
otherwise make the statement or items available to you, even if we failed to exercise ordinary care. If you do not
receive a statement from us because you have failed to claim it or have supplied us with an incorrect address, we
may stop sending your statements until you specifically make written request that we resume sending your statements
and you supply us with a proper address.
ELECTRONIC STATEMENTS AND NOTICES. You may have the option to have statements and
notices regarding this account provided to you in an electronic form, including to a designated e-mail address,
through an online banking portal, or other electronic method, upon your authorization. The authorization may be
withdrawn at any time to return to a mailed paper form by providing written notice to us at the address provided.
The fees for receiving in either form, and for receiving paper copies, are described in your account opening
documents.
ACH AND WIRE TRANSFERS. This Agreement is subject to Article 4A of the Uniform
Commercial Code - Funds Transfers as adopted in the State of Missouri. If you send or receive a wire transfer, you
agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers
transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service
is used, and you identify by name and number a beneficiary financial institution, an intermediary financial
institution or a beneficiary, we and every receiving or beneficiary 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.
If you are a party to an Automated Clearing House ("ACH") entry, you agree that we may transmit an entry through the
ACH, and you agree to be bound by the National Automated Clearing House Association ("Nacha") Operating Rules and
Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.
PROVISIONAL PAYMENT. Credit we give you is provisional until we receive final
settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the
amount credited to you in connection with the entry, and the party making payment to you via such entry (i.e., the
originator of the entry) shall not be deemed to have paid you in the amount of such entry.
INTERNATIONAL ACH TRANSACTIONS. If your transaction originates from a financial
agency that is outside of the territorial jurisdiction of the United States, it may be subject to additional review
for compliance with the rules of the Office of Foreign Assets Control (OFAC). If additional review is required, the
International ACH transaction will not be available to you until it passes final verification.
NOTICE OF RECEIPT. We will not provide you with notice of our receipt of the
order, unless we are so requested by the transfer originator in the order. However, we will continue to notify you
of the receipt of payments in the periodic statements we provide to you.
CHOICE OF LAW. We may accept on your behalf payments to your account which have
been transmitted, that are not subject to the Electronic Fund Transfer Act, and your rights and obligations with
respect to such payments shall be construed in accordance with and governed by the laws of the state where we are
located.
DIRECT DEPOSITS. We may offer direct deposit services, including preauthorized
deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or preauthorized
transfers from other accounts. If your account is overdrawn, you authorize us to deduct the amount of the overdraft
from any deposit, including deposits of government payments or benefits. If we are required to reimburse the U.S.
government for any benefit payment directly deposited into your account, we may deduct the amount returned from any
of your accounts, unless prohibited by law.
STOP PAYMENTS.
STOP PAYMENT ON CHECKS. You may stop payment on a check drawn against your
account by a record or written order or other confirmation as allowed by us, provided that we receive the Stop
Payment Order in a time and manner that gives us a reasonable opportunity to act on it. The Stop Payment Order must
describe the check or account with reasonable certainty. Oral requests for a Stop Payment Order are binding on us
for 14 calendar days only and must be confirmed by you in a record or writing within that period. If the record or
written confirmation is not received as specified, we will no longer be bound by your request. Upon receipt of
confirmation in a record or writing, a Stop Payment Order on a check remains in effect for six months or until we
receive a record or writing revoking the Stop Payment Order, whichever occurs first. If the check on which a Stop
Payment Order has been placed has not cleared or been returned to you by the payee, you may renew the Stop Payment
Order for an additional six months by providing a request to us in a record or writing within the time period the
Stop Payment Order is in effect. You understand that we may accept the Stop Payment Order request from any of the
authorized signers of the account regardless of who signed the check.
We have a daily cutoff time by which we must receive any knowledge, notice, Stop Payment Order, set-off or legal
process affecting our right or duty to pay a check. That cutoff time is one hour after the opening of your branch's
banking day, following the banking day on which your branch received the check.
STOP PAYMENT ON ACH DEBITS. A Stop Payment Order may be placed on either a
one-time debit transfer or on a multiple debit entry transfer. If you request a Stop Payment Order on an Electronic
Check Conversion or other one-time debit transfer, we must receive the request, orally or in a record or writing, in
a period of time that provides us a reasonable opportunity to act on it prior to acting on the debit entry,
otherwise the Stop Payment Order shall be of no effect. If you requested a stop payment on a multiple debit entry
transfer, we must receive the Stop Payment Order, orally or in a record or writing, at least three business days
before a scheduled multiple debit entry. Oral stop payment orders are binding on us for 14 calendar days only and
must be confirmed by you in a record or writing within that period. A Stop Payment Order on an ACH debit remains in
effect until the earlier of 1) your withdrawal of the Stop Payment Order, 2) the return of the debit entry, or 3)
six months from the date of the Stop Payment Order, unless you renew the Stop Payment Order. You may renew the Stop
Payment Order for an additional six months to prevent the transfer from being paid by providing a request to us
within the time period the Stop Payment Order is in effect. When a stop is placed on a multiple debit entry
transfer, we may require your confirmation in a record or writing stating that you have canceled your authorization
for the transfer with the payee (a Stop Payment Order does not revoke authorization).
The Stop Payment Order shall be governed by the provision of the Uniform Commercial Code 4A in effect in the state
in which we are located, Nacha Operating Rules, and any applicable state law.
You may be charged a fee every time you request a Stop Payment Order, and for each Stop Payment Order renewal you
make. A release of the Stop Payment Order may be made by the person who initiated the stop payment request or any of
the authorized signers on the account. Our acceptance of a stop payment request does not constitute a representation
by us that the item has not already been paid or that we have had a reasonable opportunity to act on the request.
DEATH OR INCOMPETENCY. Neither the death nor the legal adjudication of
incompetence of any individual authorized to act on your behalf revokes our authority to accept, pay, or collect
items until we know of the fact of death or of an adjudication of incompetence and have a reasonable opportunity to
act on it. To the extent permitted by law, even with knowledge, we may for 10 days after the date of death, pay
checks drawn on or before the date of death unless ordered to stop payment by a person claiming an interest in the
account.
NON-SUFFICIENT FUNDS AND OVERDRAFTS - AVAILABLE BALANCE.
HOW WE DECIDE TO PAY AN ITEM OR DEBIT. We use an available balance method to
determine if there are sufficient funds in your account to pay an item or debit transaction. The available balance
reflects deposits and transactions that have been posted to your account, such as checks you have written, and
transactions that have been authorized but not yet posted to your account, including deposit holds and holds on
debit card transactions that have been authorized but not yet posted (i.e., preauthorization holds). These pending
transactions and holds reduce your available balance. For example, you have $100 in your account and a pending
transaction of$30. Your available balance is $70 because the pending $30 transaction reduces your available account
balance.
HOW WE ASSESS FEES. If there are insufficient funds to pay a debit transaction or
item based on your available balance, we may either: 1) return the debit or item or 2) pay the debit or item at our
discretion. We may charge you fees if we return the debit or item or pay the debit or item on your behalf.
RETURN ITEM FOR NON-SUFFICIENT FUNDS. If we do not pay the debit transaction or
item on your behalf and return the debit or item, we may charge you non-sufficient funds fee. Pursuant to Nacha
Operating Rules and Guidelines and other applicable laws, a debit or item may be presented for payment more than one
time.
OVERDRAFTS. If we pay the debit transaction or item on your behalf, you will be
responsible for the overdrawn balance, and we may charge you overdraft fees. As discussed above, subsequent pending
transactions and holds impact your available balance, which may cause your account to become overdrawn and subject
to overdraft fees. For example, you have $100 in your account. You use your debit card at a gas station and a
preauthorization hold of $60 is placed on your account because the amount of the transaction is not known at the
time of authorization even though your gas was only $50. The authorization hold reduces your available account
balance to $40. You then spend $50 on groceries. If we pay this debit on your behalf, you will be responsible for
paying the overdrawn balance, and we may charge you overdraft fees.
PROCESSING ORDER. We will process debit and credit transactions in accordance
with our processing order policy. The processing order of these debits and credits is important because if your
account balance has insufficient funds to pay for them in the order that they are processed, we may charge you
non-sufficient funds fees if we return the debit or charge you overdraft fees if we pay the debit on your behalf.
SIGNATURES. Your signature on the Account Information document is your authorized
signature. You authorize us, at any time, to charge you for all checks, drafts, orders, or other items for the
payment of money, that are drawn on us regardless of by whom or by what means your signature may have been affixed
so long as the signature resembles the signature specimen in our files. For withdrawal and other purposes relating
to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for
refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures
appearing on the instrument or instructions is not genuine.
Further, most checks, and other items are processed automatically, i.e., without individual review of each item.
Therefore, unless we agree in a separate writing, in our sole discretion, upon your request and due to unique
circumstances to conduct individual review of each item, you agree that we are acting within common and reasonable
banking practices by automatically processing checks, and other items, i.e., without individual review of each
check, or item. You agree to indemnify, defend, and hold us harmless from and against all loss, costs, damage,
liability, and other injury (including reasonable attorney fees) that you or we may suffer or incur as a result of
this practice.
FEES, SERVICE CHARGES AND BALANCE REQUIREMENTS. You agree to pay us and are
responsible for any fees, charges or balance/deposit requirements as provided in the Fee Schedule or Disclosures
provided to you at the time you opened the account. Fees, charges and balance requirements may change from time to
time. We also reserve the right to impose a service charge for cashing checks drawn on your account if the person
cashing the check is not a customer of this Bank.
SET-OFFS AND SECURITY INTEREST. If you ever owe us money as a borrower,
guarantor, or otherwise, and it becomes due, we have the right under the law (called "set-off") and under this
Agreement (by which you grant us a security interest in your deposit account and any other accounts held by you) to
use your account funds to pay the debt, where permitted by law. The security interest granted by this Agreement is
consensual and is in addition to our right of set-off.
CLAIMS. In response to any garnishment, attachment, restraining order,
injunction, levy, citation to discover assets, judgment, reclamation, other order of court or other legal process
("Claim(s)"), we have the right to place a hold on, remove from your account(s) and/or remit to the designated
third-party(ies) any amount on deposit in your account as set forth in and required by such Claim(s). In addition,
we may charge against your account(s) any fee authorized by law in connection with the Claim(s) or as otherwise set
forth in the Fee Schedule.
DORMANT/INACTIVE ACCOUNTS. You understand that if your account is dormant or
inactive, we may charge fees specified in the Disclosures to the extent permitted by the law. If your account is
inactive for a period of twelve months or more and the account is subject to an inactivity fee, we will notify you
of the inactivity on the account. You agree that we are relieved of all responsibility if your account balance is
escheated (that is, turned over to the state) in accordance with state law.
ATTORNEYS' FEES AND EXPENSES. You agree to be liable to us for any loss, costs or
expenses, including reasonable attorneys' fees to the extent permitted by law, that we incur as a result of any
dispute involving your account, and you authorize us to deduct any such loss, costs or expense from your account
without prior notice to you. This obligation includes disputes between yourself and us involving the account and
situations where we become involved in disputes between you and an authorized signer, another joint owner, or a
third party claiming an interest in the account. It also includes situations where you, an authorized signer,
another joint owner, or a third party takes action with respect to the account that causes us, in good faith, to
seek the advice of counsel, whether or not we actually become involved in a dispute.
LEGAL PROCESS AGAINST ACCOUNT. You agree to be responsible for, to reimburse us,
and/or have your account charged for any expenses or reasonable attorney fees we incur due to an attachment,
garnishment, levy or subpoena of records of your account. Any garnishment or other levy against your account is
subject to our right of set-off and security interest. We may restrict the use of your account if it is involved in
any legal proceeding.
CLOSING ACCOUNT. We may close the account at any time, with or without cause,
after sending you notice as required by the law. At our discretion, we have the authority to pay an otherwise
properly payable check, which is presented after the closing of your account. Such a termination will not release
you from any fees or other obligations incurred before the termination. We will send a check for the balance in our
possession to which you are entitled.
OUR WAIVER OF RIGHTS. You understand and agree that no delay or failure on our
part to exercise any right, remedy, power or privilege available to us under this Agreement shall affect or preclude
our future exercise of that right, remedy, power or privilege.
YOUR WAIVER OF NOTICE. By signing the Account Information form, you waive any
notice of non-payment, dishonor or protest regarding any items credited to or charged against your deposit account
to the extent permitted by law. For example, if a check that you deposited is dishonored and returned to us, we are
not required to notify you of the dishonor.
NOTICE. You are responsible for notifying us of any change to the name, type or
address of your entity or other information affecting your account. Notices must be in a form and manner acceptable
to us with enough information to allow us to identify the account. Notice sent by you to us is not effective until
we have received it and have had a reasonable opportunity to act upon it. Written notice sent by us to you is
effective when mailed to the last address supplied.
LIABILITY. If we do not properly complete a transaction according to this
Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as
otherwise provided by law. We will not be liable if, for example: (1) your account contains an insufficient
available balance for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss
is caused by your or another financial institution's negligence; or (4) your account funds are subject to legal
process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. We
are not responsible for a check that is paid by us if we acted in a commercially reasonable manner and exercised
ordinary care. We exercise ordinary care if our actions or non-actions are consistent with applicable state law,
Federal Reserve regulations and operating letters, clearing house rules, and general financial institution practices
followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on
the form of the account and the terms of this Agreement. Any conflict regarding what you and our employees say or
write will be resolved by reference to this Agreement.
TAXPAYER IDENTIFICATION NUMBER AND BACKUP WITHHOLDING. You must provide a
taxpayer identification number (hereinafter TIN) with your account with us. If you fail to provide your TIN within a
reasonable time, we may suspend opening your account or close your account and return the balance to you, less any
applicable service fees. Your failure to furnish a correct TIN or meet other requirements may result in backup
withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue
Service a percentage of payments.
CERTIFIED BENEFICIAL OWNER INFORMATION. You are responsible for notifying us of
any changes to the certified beneficial ownership information of the legal entity customer that was provided to us.
Notice should be made to us as soon as practical upon a change to the beneficial ownership information in a form and
manner acceptable to us.
TELEPHONE AND ELECTRONIC COMMUNICATION. You agree that we may call or send text
messages to you at the telephone numbers that you provide to us, including a cell phone number, which may result in
charges to you, for informational purposes regarding your account(s) with us. These calls and text messages may be
made from an automatic telephone dialing system (i.e., an autodialer) or from an artificial or prerecorded voice
message system. Additionally, you agree that we may send electronic communication to you at the email addresses you
provide to us. You may contact us at any time if you no longer want to receive these communications from us. You
also agree that we may monitor and record telephone and electronic communications that affect your account(s) with
us to the extent permitted by law. We need not provide further notice to you or receive additional approval.
ONLINE OR MOBILE SERVICES. If you open an account or obtain a product or service
from us using our online or mobile services, we may record your personal information from a scan or a copy of your
driver's license or other personal identification card, or we may receive an image or make a copy of your driver's
license or other personal identification card. We may store or retain this information to the extent permitted by
law.
AMENDMENTS AND ALTERATIONS. Except as prohibited by law, we may amend this
Agreement by adding, removing, or changing terms at any time. We will notify you of amendments as required by
applicable law. Your continued use of the account evidences your agreement to any amendments. Notices will be sent
to the most recent address shown on the account records.
SEVERABILITY. If a court for any reason holds a provision of this Agreement to be
unenforceable, the rest remains fully enforceable. All headings are intended for reference only and are not to be
construed as part of the Agreement.
ENFORCEMENT. You are liable to us for any losses, costs, or expenses we incur
resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs, or expenses
from your account without prior notice to you. If we bring a legal action to collect any amount due under or to
enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney's fees
and costs, including fees on any appeal, bankruptcy proceedings, and any post judgment collection actions.
EFFECTIVE APPLICABLE LAWS AND REGULATIONS. You understand that this Agreement is
governed by the laws of Missouri, except to the extent that federal law is controlling. Changes in these laws and
regulations may modify the terms and conditions of your account(s). We do not have to notify you of these changes,
unless required to do so by law. If any of the terms of this Agreement come into conflict with the applicable law
and are declared to be invalid or unenforceable, those terms will be nullified to the extent that they are
inconsistent with the law and the applicable law will govern. However, this shall not affect the validity of the
remaining provisions.
NOTICE OF POTENTIAL DISCLOSURE OF NEGATIVE INFORMATION TO CONSUMER REPORTING
AGENCIES
This notice is being furnished pursuant to the Fair Credit Reporting Act (15 U.S.C. 1681) as
amended by the Fair and Accurate Credit Transactions Act of 2003 (FACT Act).
NOTICE
We may report information about your account to credit bureaus.
Late payments, missed payments,
or other defaults on your account may be reflected in your credit report.
Basic Business Checking
Truth in Savings Disclosure
MINIMUM BALANCE REQUIREMENTS. You must deposit $100.00 to open this account.
DORMANT/INACTIVE ACCOUNT INFORMATION. A dormant account fee of $5.00 per month
will be charged after 12 months of inactivity. This fee is charged if the balance is below $100.00 after 12 months
of inactivity.
TRANSACTION LIMITATIONS. No transaction limitations apply to this account.
FEES AND CHARGES. Please refer to the separate Fee Schedule provided to you with
this disclosure for information about fees and charges associated with this account. A Fee Schedule will be provided
to you at the time you open an account, periodically when fees or charges change, and upon request.
The account may have 25 paper deposits a month at no charge. The account may have 25 paper debits (checks) a month
at no charge. The 26th paper deposit, and each after, will have a $.10 charge. The 26th paper debit (check), and
each after, will have a $.10 charge.
Business Solution Checking
Truth in Savings Disclosure
MINIMUM BALANCE REQUIREMENTS. No minimum balance requirements apply to this
account.
DORMANT/INACTIVE ACCOUNT INFORMATION. A dormant account fee of $5.00 per month
will be charged after 12 months of inactivity. This fee is charged if the balance is below $100.00 after 12 months
of inactivity.
TRANSACTION LIMITATIONS. No transaction limitations apply to this account.
FEES AND CHARGES. Please refer to the separate Fee Schedule provided to you with
this disclosure for information about fees and charges associated with this account. A Fee Schedule will be provided
to you at the time you open an account, periodically when fees or charges change, and upon request.
The account may have 25 paper deposits a month at no charge. The account may have 25 paper debits (checks) a month
at no charge. The 26th paper deposit, and each after, will have a $.10 charge. The 26th paper debit (check), and
each after, will have a $.10 charge.