Deposit Account Agreement
ARTICLE B: GENERAL ACCOUNT TERMS
1. New Account Opening Identification
2. New Account Verification; Fair and Accurate Credit Transactions Act
3. Tax Information
4. OFAC Compliance
5. Authorization to Pay and Debit the Account
6. Multiple Party and Joint Accounts
7. Payable on Death Accounts
8. Uniform Transfer to Minors Act (UTMA) Accounts
9. Fiduciary Accounts
10. Business/Organization Accounts and Authorized Representatives
11. Special State Provisions and Disclosures
12. Assignment of Account
13. Account Transferability
14. Powers of Attorney
15. Service Charges; Other Charges
16. Interest; Interest Reporting
17. Illegal Transactions
18. Closing Your Account
19. Helping to Prevent Fraud
ARTICLE C: ACCOUNT STATEMENTS
20. Periodic Account Statements
21. Mailing and Availability
22. Errors; Unauthorized Transactions and Forgeries
23. Record Retention
ARTICLE D: PAYMENT OF ITEMS; ACCOUNT TRANSACTIONS
1. Signatures; Facsimile Signatures
2. Check Signature Verification
3. Items Not Bearing Your Signature
4. Order of Payment
5. Insufficient Available Balance and Overdrafts
6. Overdraft Protection Plans
7. Stop Payment Orders
8. Stale and Postdated Checks and Checks Bearing Notations
9. Check Cashing for Non-Customers
10. Payment of Lost Check
ARTICLE E: DEPOSITS, COLLECTIONS AND WITHDRAWALS
1. Deposits
2. Collection as Agent
3. Check Endorsement Standards
4. Foreign Items and Currencies
5. ATM Depositories, Night Depositories, Direct Deposit, and Deposit by Mail
6. Chargebacks
6. Error Correction
8. Withdrawals
9. Restrictions on Withdrawals
10. Conflicting Demands/Disputes
11. Legal Process
ARTICLE F: FUND TRANSFER SERVICES
1. Wire Transfers
2. Receiving Funds Transfers
3. ACH Debits and Credits
4. Specific Provisions for Commercial Funds Transfers
ARTICLE G: SPECIFIC RULES FOR TIME DEPOSITS
1. Time Deposit Terms
2. Interest
3. Annual Percentage Yield
4. Automatic Renewal
5. Time Deposit Maturity Notice
6. Grace Period
7. Renewal Confirmation Notice
8. Early Withdrawal
9. Early Withdrawal Penalty
10. Multiple Ownership
11. Transferability and Negotiability
12. Reporting Interest Earned
13. Additional Deposits
ARTICLE H: DISPUTE RESOLUTION
1. Arbitration Procedure
2. WAIVER OF CLASS ACTION IN ARBITRATION
3. WAIVER OF JURY TRIAL
4. Attorney’s Fees
ARTICLE I: ADDITIONAL PROVISIONS
1. Applicable Law
2. Conflicts
3. Unclaimed Property – Accounts Presumed Abandoned or Inactive
4. Set Off; Grant of Security Interest
5. Waivers
6. Other Services
7. Severability
8. Our Rights
9. Indemnification; Waiver of Consequential and Other Damages
10. Telephone Calls: Calling, Monitoring and Recording
11. Release of Information
12. Force Majeure
13. Entire Agreement
ARTICLE J: ELECTRONIC FUND TRANSFER DISCLOSURE FOR CONSUMER ACCOUNTS
1. Types of Available Transfers
2. Your Liability for Unauthorized Transfers
3. Cadence Bank Business Days
4. Telephone Number and Address in Event of Lost, Stolen or Compromised Device, or Unauthorized Transfer
5. Your Documentation of Transfers
6. Our Liability for Failure to Make Transfers
7. Disclosure of Information to Third Parties
8. Your Right to Stop Payment on Preauthorized Transfers
9. In Case of Billing Errors or Questions About Your Electronic Transfers
10. Fees
ARTICLE K: FUNDS AVAILABILITY DISCLOSURE
1. Your Ability to Withdraw Funds
2. When Your Deposit Is Received
3. Longer Delays May Apply
4. Special Rules for New Accounts
5. Holds on Other Funds (Check Cashing)
6. Holds on Other Funds (Other Account)
ARTICLE L: IMPORTANT INFORMATION ABOUT YOUR ACCOUNT AND SUBSTITUTE CHECKS (CHECK 21)
CLICK HERE TO DOWNLOAD THE DEPOSIT ACCOUNT AGREEMENT (PDF)
ARTICLE L: IMPORTANT INFORMATION ABOUT YOUR ACCOUNT AND SUBSTITUTE CHECKS (CHECK 21)
What is a substitute check?
To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to 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. This notice describes the rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account.
However, you have rights under other law with respect to those transactions.
What are my rights regarding substitute checks?
In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, nonsufficient funds fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest- bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than forty-five (45) calendar days after we received your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
How do I make a claim for a refund?
If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at Cadence Bank, N.A., Customer Service, 1108 Highway 82 East, Starkville, MS 39759, or call us at 1-800-636-7622.
You must contact us within forty (40) calendar days of the date that we mailed
(or otherwise delivered by a means to which you agreed) the substitute check in
question or the account statement showing the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include –
· A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
· An estimate of the amount of your loss;
· An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
· A copy of the substitute check or the following information to help us identify the substitute check: the check number, the name of the person to whom you wrote the check and the amount of the check.