Scheduled Payment Dates must be prior to any late date or grace period. Your limits may be adjusted from time-to-time at our sole discretion. You can make current, future, one-time, and recurring bill payments to Billers.
We reserve the right to contact you to obtain confirmation of any instruction before processing it. In some instances, you will receive a return notice from us. Dont worry though we will bear responsibility for any late payment related charges, which have not been waived by the Biller, up to $100.00 should a payment post after its Due Date, provided: you scheduled an Online Bill Payment with a Scheduled Deliver By date in accordance with the section under this Agreement titled "Payment Scheduling"; none of the exceptions set forth in the section titled "Our Responsibility for Payment and Funds Transfers" of this Agreement exist; the payment is not an Exception Payment; and you otherwise comply with this Agreement. We can add-to, delete or make any other changes we want to the Overdraft Line of Credit Agreement at any time, as permitted by applicable law. If you have an existing Overdraft Line of Credit linked to an existing 360 Checking account, you can link it to your new 360 Checking account, but you will be unable to access it until you fund the new 360 Checking account. Force Majeure:We will not be liable for our inability to perform our obligations under this Agreement when such inability arises out of causes beyond our control, including but not limited to, any act of God, accident, labor disputes, power failures, system failure, equipment malfunction, suspension of payment by another bank, refusal or delay by another bank to accept the wire transfer, war, emergency conditions, fire, earthquake, or the failure of any third party to provide any electronic or telecommunication service used in connection with the execution or cancellation of a Wire Transfer. Within sixty (60) days after the error appeared on your FIRST statement.
If you open additional 360 Checking accounts, your debit card will still be attached to the account that it was attached to. These limits are designed to be flexible in order to protect the security and integrity of the service and accounts, as well as you and all other users of the service. An electronic terminal has insufficient cash to complete the transaction. If your daily balance is between$25,000.00 and$49,999.99, the interest rate paid on your entire account balance will beNaN%with an annual percentage yield ofNaN. The charge for each stop-payment request will be the current charge for such service as stated in our Account Disclosure. M-134061 FOR YOUR PROTECTION AND OUR PROTECTION You authorize us to follow any instructions you give to us. Compliance with Anti-Money Laundering and Exchange Control Regulations and OFAC Enforced Sanctions: You covenant with us to observe all Anti-Money Laundering and Exchange Control laws and regulations including economic and trade sanctions promulgated by the Office of Foreign Assets Control of the U.S. Department of Treasury in relation to any Wire Transfer, and you will use all reasonable endeavors to assist us to do likewise. YOUR BILLING RIGHTS: Information on your rights to dispute transactions and how to exercise those rights is provided in the Overdraft Line of Credit Agreement. Exception Payments may be scheduled through the Service, but Exception Payments are discouraged and must be scheduled at your own risk. Each Co-Trustee understands and agrees that (s)he, and not Capital One, owes a fiduciary duty to the beneficiaries of the living trust and as such, shall manage the account in accordance with the terms of the trust document(s) and any applicable laws. We will also tell you when the funds will be available. Accordingly, the process may take longer, depending on the foreign bank. The daily limit resets at midnight every day. If your direct deposits are already sent to your Capital One 360 Checking account, you do not need to take any additional action. When you see the words "you" and "your," they mean each person who owns an account or each trustee who is legally entitled to manage an account. For example, some merchants, like restaurants, hotels or gas stationswont know the exact amount of your purchase when they request the authorization. You can avoid the transfer of your money to the state simply by signing into your account, transacting periodically, contacting us, or replying to any abandoned property correspondence. Where it is necessary to complete transactions; In order to verify the existence and standing of your account with us upon the request of a third party, such as a credit bureau; In accordance with your written permission; In order to comply with court orders or government or administrative agency summonses, subpoenas, orders, examinations and escheat reports; and/or. Effect of Closing an Account If you close your account before interest is credited, you will receive any accrued interest. This type of account is owned by one person and only that person can transfer or take money out of 360 Checking or use the Overdraft Line of Credit. The only way to access your Overdraft Line of Credit is to overdraw your 360 Checking. We're allowed to increase or decrease your credit limit at our discretion, at any time, without advance notice to you, as allowed by applicable law. Capital One does not guarantee early availability of any direct deposits, and eligibility of a direct deposit for early availability may change between pay periods. If we allow an Advance from your Overdraft Line of Credit, youre responsible for any interest we charge in accordance with the terms of the Overdraft Line of Credit Agreement. You agree to pay any and all reasonable costs of an attorney, court costs and other collection costs incurred by us when we attempt to collect any amounts you owe us. a refund of a cashiers check fee) do not qualify as an eligible deposit. The Bill Pay Guarantee, as it applies to any late payment related charges, is void when these types of payments are scheduled and/or processed through the use of the Service. (Customers with checking or savings accounts open longer than 30 days). NOTICES TO YOU OR US We shall deem any and all notices to us effective upon receipt by us. We reserve the right to conclude the early availability of direct deposit at our sole discretion and without any further notice to you. An overdraft occurs when you do not have enough money in your account to cover a debit transaction, but we pay it anyway.
Cancellation or Amendment of Wire Transfer:Once we receive a Wire Transfer Request, it may not be able to be canceled or amended. After a cashiers check has been issued, you may not stop, change, or cancel it unless it has been lost, undelivered, destroyed, or was unauthorized. We reserve the right, at our sole discretion and without notice, to refuse to make a withdrawal or transfer for security, credit, legal/regulatory or other reasons, and to refuse to honor withdrawal or transfer requests that appear to be fraudulent or erroneous. This could affect your ability to open accounts in the future.
Defaults on your account may be reflected in your consumer report. Accounts that haven't met this will no longer have access to No-Fee Overdraft until the next month when you've met this requirement. Additional services may be provided in the future as they are developed. This document describes 360 Checking and Overdraft Services. THINGS YOU TELL US TO DO We may refuse to follow any of your instructions that in our sole judgment are illegal or would expose us to potential liability. You also authorize us to credit your Payment Account for payments returned to us by the United States Postal Service or any Biller, or for payments remitted to you on behalf of another Authorized Person of the Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. You cannot use your Overdraft Line of Credit for "Send Money with Zelle" transactions. If your APR increases, the interest you owe will also increase. Overdraft Services means your options for overdraft service, including Auto-Decline, Free Savings Transfer, No-Fee Overdraft, and Overdraft Line of Credit. We may disclose any information given to us that we in our sole discretion think necessary or desirable to disclose; except we will only disclose confidential information if required by law, a court, or legal, regulatory, or governmental authority, or as permitted by law in order to combat, prevent, or investigate issues arising under anti-money laundering laws, economic sanctions, or criminal law. You must be at least 18 years old to be eligible for an Overdraft Line of Credit. Except as otherwise provided by applicable law, the maximum period for which we shall be liable for interest on any amount to be refunded or paid to you with respect to an unauthorized, erroneous, or other Wire Transfer Request is thirty days. Electronic fund ACH deposits that we originate on your behalf (including all future dated transfers) will generally be made available on the second business day after the date of your transfer. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the USPS. There's no cost to enroll in this service, and we don't charge you when you use it. We will attempt to properly and timely make all your payments. Each Co-Trustee can enter a stop payment order on any payments or other orders of withdrawal authorized by either Co-Trustee. Or sometimes we authorize a debit card purchase when you have funds in your account, but if the merchant does not submit it for payment right away, another transaction could come in first (while the original debit card purchase transaction is still pending). The electronic fund transfers (EFT) we are capable of handling are indicated below. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. Longer delays may apply (as described below), and different rules apply for checks deposited from customers with accounts open fewer than 30 calendar days. A Cashier's check purchased at a Capital One location is $10.00. The first $225 of your deposits, however, may be available on the first business day after the day of your deposit. Were also not required to confirm the actual identity or authority of anyone who uses your Password or a personal identification number ("PIN") or any account access device we gave you (like the Card) (collectively, "E-Identification"). You agree to indemnify and hold us harmless from any and all liabilities, claims, damages, costs, and expenses we may incur in attempting to cancel or amend the Wire Transfer. How to Request a Wire Transfer:To send a wire transfer, log in to initiate a wire request (Wire Money) using our online wire form. The Wire Transfer Service and these terms and conditions shall be governed by the internal laws of the State of Virginia without regard to its conflicts of rules and the laws of the United States. Change in Authorized Representative:Any changes in the authority of persons authorized to make a Wire Transfer on your behalf shall not be binding upon us until we have received written notice from you. If for some reason we allow your 360 Checking to be overdrawn, you must immediately make a deposit to cover the negative balance. Except as provided by applicable law, any losses resulting from an incorrect account number or your misidentification of the beneficiary/designated recipient is your responsibility and not ours. Payments or transfers you make will be listed on your Statement. You understand we may not have a reasonable opportunity within which to act on any stop-payment request after we have already processed a payment. Within ninety (90) days of receiving your inquiry, we must either correct the error or explain to you why we believe the bill is correct. For example, if you schedule three Bill Pay transfers of $1,000, $500 and $250 for the same business day, but only have $1,250 available (including your Overdraft Line of Credit/ Free Savings Transfer account), well first pay the $1,000 transfer. We may rely on all information contained in the Wire Transfer Request, regardless of who may have provided the information. CLAIMS AGAINST YOUR ACCOUNT If we receive a claim against the funds in your 360 Checking account, or if we know of or believe that theres a dispute as to the ownership or control of funds in your 360 Checking account, we may, in our discretion: (i) place a hold on your 360 Checking account and refuse to pay out any funds until were satisfied that the dispute is settled; (ii) close your 360 Checking account and send the balance to the named account holder(s); (iii) require a Court Order to act; or (iv) take any other action we feel is necessary to protect us. Duty of Reasonable Care:We shall exercise good faith and reasonable care in processing Wire Transfer Requests. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party for the regulatory responsibility that extends with the Service. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the service and may be modified at our sole discretion without advance notice. We want you to keep your money, not the state! You hereby waive notice of dishonor, nonpayment, or protest with respect to any items credited to or charged against your account. Then we add up all the interest charges for each day of the month. You will reimburse us or our Service Provider immediately upon demand the amount of the Payment Instruction if we have delivered the payment but there are insufficient funds in, or insufficient overdraft credits associated with, your Payment Account to allow us to complete the debit processing; You may be assessed a fee by our Service Provider if the Payment Instruction cannot be debited because you have insufficient funds in your Payment Account, or the transaction would exceed the credit or overdraft protection limit of your Payment Account, to cover the payment, or if we cannot otherwise collect the funds from you. If you would like to unenroll from No-Fee Overdraft, you may do so via the website, the mobile app, or by contacting us. The 360 Checking account that you choose as your default account will be the account for all ATM withdrawals and deposits as well as point of sale (POS) transactions. boxes; (iii) make a payment to another person using the Send Money with Zelle feature; (iv) transfer money to or from your own accounts at Capital One or other financial institutions; and (v) send an outgoing domestic wire.
ATTN: Account Maintenance This section is for Customers who have existing lines of credit prior to May 15, 2020. For example, if you deposit a check on Monday, you may not be able to withdraw the funds from that check, and we may not pay another check with those funds, until Tuesday or even later. Our business days include every day other than Saturday, Sunday or one of the federal holidays, or other days we are closed ("business day"). IF YOUR ADDRESS CHANGES You must notify us of any change of address by calling us or using our secure website. All connected bank accounts will be visible when you log into your account through the website or mobile app. Your cooperation may include, but not be limited to, providing us with an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You need to read this agreement and hold onto it in case you have any questions down the road. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. This Agreement defines your responsibilities and our responsibilities with respect to domestic transfers of funds from your account(s) with us for credit to an account at another financial institution or another account with us (Wire Transfer). This is the default option that comes with your account. Then when that debit card transaction comes in for payment there are no longer enough funds in your account to cover it and the payment makes your balance negative. We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency. If we choose to pay a transaction into overdraft, you must make a deposit into your account to cover the overdrawn amount. accounts and between your external linked Accounts and your Capital One accounts electronically or by calling our call center. See the Overdraft Line of Credit Agreement for more details. ACCOUNT TYPE/ACCOUNT OPENING 360 Checking is a transactional account that pays a variable rate of interest and allows you to make certain payments and transfers to third parties. By enrolling in the Service, you agree that the Servicer may request a review of your credit file and/or credit report, through the use of a consumer reporting agency. Basically, here's how MasterCard calculates the exchange rate: They usually start with either a government-mandated currency rate or a wholesale rate as of the day your foreign transaction is processed (i.e., not the date you made your purchase and not the date your purchase is posted on your statement). Your Overdraft Line of Credit is an unsecured, revolving line of credit. This method applies a daily periodic rate to the principal in the account each day. You redeposit a check that has been returned unpaid. Please understand that when you submit an application, open an account, or use our services, you agree to be bound by these terms. We will also tell you if we have already corrected the error. If you give us Payment Instructions on a non-business day, the earliest Send On Date you can select will be the next business day. The dollar amount of the suspected error. First: to any billed but unpaid interest on the Overdraft Line of Credit you may have; Second: to any outstanding principal balance on your Overdraft Line of Credit; and, Provision of copies of checks which have cleared your account and have been paid, Stop payment orders for bill payments processed but not yet paid from your Online Bill Payment Account, Manually issuing a check upon your special request. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identify verification). Your account can become dormant if, for 24 months, there is no transactional activity. If we are not going to make all of the funds from your deposit available to you as described above, we will notify you at the time you make your deposit. You may ask for copies of the documents we use in our investigation. Capital One, N.A. Within thirty (30) days of receiving your letter, we must tell you that we received your letter. We will not issue additional debit cards for the additional 360 Checking accounts you open. BR415351 Your options are Auto-Decline, Free Savings Transfer, and No-Fee Overdraft. ASSIGNMENT- You cant pledge, assign, give as a gift, or otherwise transfer the ownership of all or any part of your 360 Checking or Overdraft Line of Credit to a third party without our prior written consent. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: Funds from check deposits may be delayed for up tofourbusiness days if: Funds from check deposits may be delayed for up tofivebusiness days if: 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. We may make use of correspondents, agents, subagents, and funds transfer and communication systems. Now, heres the REALLY interesting stuff You can use your 360 Checking account to instruct us, subject to the terms below, to, on your behalf, (i) pay bills; (ii) mail a cashier's check to any person or business in the U.S. except military addresses or P.O. Our general policy is to make funds from your check deposits available to you on the first business day after we receive the deposits. If your Account is jointly held (or, in the case of a living trust account, if there are Co-Trustees), the Overdraft Line of Credit Agreement is the joint and several obligation of each of you, and each provision of the Overdraft Line of Credit Agreement applies to each and all of you jointly and severally. If we do not believe there was a mistake: You will have to pay the amount in question along with applicable interest and fees. Sometimes legal, regulatory, or governmental authorities require additional information, either in respect of individuals, entities, or particular transactions. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE BANK AND ANY OF OUR THIRD PARTY PROVIDERS WHO PERFORM 360 CHECKING RELATED SERVICES FOR YOU ON OUR BEHALF FROM ANY AND ALL CLAIMS AND LIABILITY ARISING FROM (i) YOUR USE OR INABILITY TO USE BILL PAY; AND (ii) ANY PAYMENTS INITIATED BY YOU THAT ARENT COMPLETED DUE TO LACK OF FUNDS IN YOUR ACCOUNT(S). We reserve the right to refuse to make any transfer for security, credit, legal/regulatory, or other reasons, as we determine in our sole discretion. If you present us with a foreign check, we will not charge a fee, but the paying bank may deduct a fee from the proceeds. If we do make a change, well let you know about it as required by law. A Cashier's check purchased online (expedited delivery) is $20.00. If we need more time, we may take up to forty-five (45) days, or ninety (90) days for foreign-initiated transactions, or point of sale transactions, or new accounts to investigate your complaint or question.
Inconsistency of Name and Account Number:You acknowledge and agree that when you (or your authorized representative) provide us with a name and account number in order for us to process a Wire Transfer, payment may be made by the beneficiary's/designated recipient's bank solely on the basis of the account number, even if the account number identifies a person different from the beneficiary so named. 
