This document, as amended or supplemented by any associated disclosures (collectively, this “Agreement”),contains the general terms, conditions and disclosures for the Evolve Bank & Trust secured account (the“Secured Account”) and the charge card (the “Charge Card Account”), as well as an associated security agreement securitizing the Secured Account as collateral for the Charge Card Account, and constitutes an agreement between the Bank (as defined below) and you. For purpose of this Agreement, the term “SecuredAccount” may also collectively include Sub-Deposit Secured Accounts of such Secured Account.
Interest Rates and Interest Charges
Annual Percentage Rate (APR) for
Annual Percentage Rate (APR) for
Annual Percentage Rate (APR) for Cash
Penalty APR and When it Applies
There is no penalty APR. Interest is not charged on this account.
There are no grace periods. Interest is not charged on this account
Minimum Interest Charge
There is no minimum interest charge. Interest is not charged on this account.
● Balance Transfer
● Cash Advance
● Foreign Transaction
$0.99 per cash advance.
● Late Payment
● Over-the-Credit Limit
● Returned Payment
How We Will Calculate Balances: This is a Charge Card Account, which means the Account Balance must be
paid in full every Billing Cycle. To calculate your Account Balance, we add the transactions on your Charge Card
Account in the Billing Cycle to any outstanding balance from the previous Billing Cycle, and subtract any
payments and credits received during the Billing Cycle. See the “Your Payment Due Each Billing Cycle” section of
the Charge Card Account terms for more details.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights are included in
this Agreement. See the “Your Billing Rights” section of the Charge Card Account terms for full details.
Can You Change My Account Terms? We can change the terms of your Charge Card Account as permitted by
law. When required by law, we will send you notice before doing so.
Military Lending Act Notice: Federal law provides important protections to members of the Armed Forces and
their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member
of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This
rate must include, as applicable to the credit transaction or account: the costs associated with credit insurance
premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged
(other than certain application fees for specified credit transactions or accounts); and any participation fee
charged (other than certain participation fees for a charge card account). To receive this information and a
description of your payment obligation, please call (888) 512-1094.
General. References to the “Bank,” “we,” “us,” or “our” mean Evolve Bank & Trust, our successors, affiliates, and
assignees. References to “you” and “your” mean you and any person that holds, whether individually, jointly, or
on behalf of another person, the Secured Account or the Charge Card Account. This Agreement may be
supplemented or amended as set forth in Section VI.D (Changes in Terms). Bank services and access and use of
your Secured Account and Charge Card Account may be provided to you through the website and/or smart
phone application of our service provider, FloatMe, Corp., at www.floatme.com (the “Service Provider,” and its
website and smart phone application, the “Service Provider Platform”). The Service Provider or its affiliates may
offer you additional services through its Service Provider Platform, pursuant and subject to the terms and
conditions between you and the Service Provider (the “Services” and such terms and conditions, the “Service
Provider Terms”), and such Services are not governed by this Agreement and not offered by Bank. Please see
Section III (Secured Account Terms) for additional information.
By opening or continuing to maintain a Secured Account and Charge Card Account with us, you agree to be
bound by this Agreement, and all applicable agreements, disclosures, and other documents, as well as by all
applicable federal or state laws, statutes, and regulations. Please keep a copy of this Agreement.
We may decline to open a Secured Account or Charge Card Account for any reason, or for no reason. Where we
decline to open either a Secured Account or Charge Card Account, you will not be able to open, or keep open,
either a Secured Account or Charge Card Account. We are not liable for any damages or liabilities resulting from
refusal of a Secured Account or Charge Card Account relationship.
Security Interest and Collateral. This is a secured Charge Card Account. As a condition for the issuance of this
Charge Card Account, you authorize us to open a Secured Account to hold your deposits that will be used to
secure all of your obligations related to the Charge Card Account. The Secured Account will be governed by this
Agreement and all funds deposited to the Secured Account will be subject to our security interest as set forth in
Section III(T)(2). You acknowledge that, by applying for and accepting a Charge Card Account, you are
affirmatively and consensually granting us this security interest in the funds you deposit.
MVP Membership. You must have an MVP Membership to apply for the Secured Account and Charge Card
Account but having an MVP Membership does not obligate you to apply for, or guarantee that you will receive, a
Secured Account and Charge Card Account.
UNLESS YOU ARE A COVERED BORROWER UNDER THE MILITARY LENDING ACT AS DISCUSSED IN MORE DETAIL IN
THIS AGREEMENT, THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL
ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION. PLEASE CAREFULLY READ SECTION V.B
(ARBITRATION AND WAIVERS).
Secured Account and Charge Card Account Documents
The following Secured Account and Charge Card Account Documents govern your Secured Card Account andCharge Card Account with us:
Please read these Account Documents carefully and keep them for future reference.
In the future, we may provide you with new offers that we think may interest you. The terms of these offers may
differ from the standard terms on your Secured Account and Charge Card Account. This Agreement will still
We need information about you to manage your Secured Card Account and Charge Card Account. This
includes, but is not limited to:
You must tell us when this information changes. We may ask you for additional documents and to verify any changes to information you have provided us.
We may restrict or close your Secured Card Account and/or Charge Card Account if we cannot verify your information, or if you do not provide it as requested.
II. OPENING A SECURED ACCOUNT AND CHARGE CARD ACCOUNT
B. Opening a Secured Account and Charge Card Account.
D. Fees; Fee Schedule.
E. Service Providers.
III. SECURED ACCOUNT TERMS
A. Secured Account Type and Ownership.
B. Linking Secured Accounts.
C. Internal Transfer Between Accounts at the Bank.
F. Posting Order of Credits and Debits.
G. Insurance Coverage.
I. Sub-Deposit Secured Accounts.
J. Interest and Interest Rate.
K. Negative Balance.
L. Power of Attorney/Agents.
M. Death, Incapacity, or Termination.
N. Monitoring and Closing Your Secured Account.
O. Dormancy and Unclaimed Property.
P. Tax Reporting and Backup Withholding.
Q. Funds Availability Disclosure.
R. Electronic Fund Transfers Disclosure.
S. Error Resolution.
T. Security Agreement.
IV. CHARGE CARD ACCOUNT TERMS
B. Credit Limit.
C. Using your Charge Card Account.
E. Cash Advances.
F. Using a PIN.
G. Your Promise to Pay.
I. Disputed Transactions.
J. Security and Lost or Stolen Card.
L. Transactions Made in Foreign Currencies..
M. Account Balance.
N. Your Payment Due Each Billing Cycle.
O. Making Payments.
P. Payment Processing.
Q. Credit Balances.
R. Account Default.
S. No Authorized Users.
T. Your Billing Rights – Keep For Future Use.
U. State Notices.
V. LEGAL PROCESSES, DISPUTE RIGHTS, AND ARBITRATION AGREEMENT
A. Legal Processes and Claims Against you or your Secured Account or Charge Card Account.
B. Arbitration and Waivers.
V. LEGAL PROCESSES, DISPUTE RIGHTS, AND ARBITRATION AGREEMENT
A. Ordinary Care; No Fiduciary Obligation.
B. Governing Law, Forum, and Time Limits.
C. Reporting Information.
D. Changes in Terms.
E. No Waiver of Rights.
G. Other Services and Conflicts.
J. Limitation of Liability, Disclaimer of Warranty, Indemnification, and Reimbursements.
K. Liability for Service Interruptions.
L. Section Headings and Successors.
M. Change of Address or any Application Information.
O. Calls and Messages.
Exhibit 1 FEE SCHEDULE
Exhibit 2 TRANSACTION LIMITS
Exhibit 3 DEPOSIT AND CREDIT LIMIT SCHEDULE
II. OPENING A SECURED ACCOUNT AND CHARGE CARD ACCOUNT
Availability. The Secured Account and Charge Card Account are available to United States citizens or lawful
permanent residents with a U.S. physical address or with military addresses (APO or FPO) who are at least 18
years old with a valid Social Security Number or Tax Identification Number. To open a Secured Account and
Charge Card Account, you must provide any information we may request from time to time. Each owner of a
Secured Account and Charge Card Account shall have a continuing obligation to provide any other
documentation we may request from time to time, including any information required under our customer
identification program to establish your identity. You must also agree to go paperless. This means that: (1) you
must keep us supplied with your valid email address and telephone number; and (2) you must agree to accept
electronic delivery of all communications that we need or decide to send you. Please see the Evolve Bank & Trust
Electronic Communication Consent for additional details.
Opening a Secured Account and Charge Card Account. To open a Secured Account and Charge Card Account,
you must submit to us an application and all information that we may require. To help the government fight the
funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record
information that identifies each person who opens a Secured Account and Charge Card Account. This means
that when you open a Secured Account and Charge Card Account, we will ask for your name, address, date of
birth, social security number, and other information that will allow us to identify you. We may also ask to see
other identifying documents, such as a driver’s license; taxpayer identification number; passport number and
country of issuance; alien identification card number; or number and country of issuance of any other
government-issued document evidencing nationality or residence and bearing a photograph or similar
safeguard. If, for any reason, you are unable to provide the information necessary to verify your identity, the
Secured Account and Charge Card Account may be blocked or closed, which may result in additional fees
assessed to the Secured Account and Charge Card Account.
By opening a Secured Account and Charge Card Account, you agree that we can gather your personal
information from one or more consumer reporting agencies, governmental entities, and/or other third parties,
including, but not limited to, the Service Provider. We or our Service Provider may obtain and use credit, income,
and other information about you from credit bureaus and others as the law allows. We may reevaluate your
financial condition and investigate any information you provided on your Secured Account and Charge Card
Account applications at any time. In the course of doing so, we may obtain a current credit report and ask you
for additional information about your financial condition. You give us permission to obtain any information about
you that we believe would be beneficial to facilitate our determination of your eligibility for a Secured Account
and/or Charge Card Account. You also agree that we have the right to access follow-up consumer reports while
your Secured Account and Charge Card Account are open for maintenance, review, or collection purposes.
By applying for a Secured Account and Charge Card Account, you certify that all information you have provided
to us, including, but not limited to, your name, mailing address and residential address (if different), social
security number (or passport number and country of issuance) or other identification documentation, date of
birth, telephone number, and other information provided at our request, is true, accurate, and complete. If you
falsify, misrepresent, or fail to provide requested information, we may cancel your Secured Account and Charge
Card Account. In addition, funds tied to suspected illicit or illegal activity may be subject to internal holds and
investigation and potentially federal investigation. We reserve the right to restrict or delay your access to any
such funds, subject to applicable law. We may share any of the information collected and any results of any
Your Secured Account and Charge Card Account will not be considered “opened” until the Secured Account is
funded with at least the minimum initial deposit disclosed in Exhibit 3 (Deposit and Credit Limit Schedule). Once
your Secured Account and Charge Card Account are considered “opened,” we may require a minimum balance
in the Secured Account and set a maximum balance limit for the Secured Account, each as disclosed in Exhibit 3
(Deposit and Credit Limit Schedule).
Prohibitions. The Secured Account and Charge Card Account are only available for personal, family, or
household purposes and not for business purposes. You are not entitled to open a Secured Account or Charge
Card Account under this Agreement if you are a corporation, unincorporated business association, partnership,
limited liability company, incorporated nonprofit organization, sole proprietorship, or any other entity. We reserve
the right to close your Secured Account and Charge Card Account if we determine that it is used for any
impermissible purpose, as we may determine from time to time. You may not use your Secured Account or
Charge Card Account for illegal gambling or any other illegal transaction or purpose. This prohibition includes
any transaction that is illegal in the jurisdiction where you live, in the jurisdiction where the transaction is
consummated, or in any other jurisdiction affected by the transaction. You are responsible for determining the
legality of each of your transactions in all applicable jurisdictions before entering into the transaction. We have
no obligation to monitor, review, or evaluate the legality of any transaction. Nevertheless, we may deny
transactions or authorizations if we believe the transaction is or may be illegal. We reserve the right to refuse or
return any item that we believe is related to an illegal transaction, an Internet or online gambling transaction, or
a high-risk transaction. To the fullest extent permitted by law, you agree to pay for any transaction that you
authorized, even if the transaction is determined to be illegal or associated with an illegal activity. We reserve the
right to cancel, close, or restrict use of the Secured Account and Charge Card Account, including by refusing the
processing of any transaction, if we believe you have violated this Agreement or any applicable law.
Fees; Fee Schedule. You agree to pay all fees and charges applicable to your Secured Account and Charge
Card Account. The amounts of these fees and charges are listed in our Fee Schedule, attached as Exhibit 1 (“Fee
Schedule”). Fees and our Fee Schedule are subject to change at any time and without notice to you, unless
required by law. Fees set forth in the Fee Schedule are charged by Bank for its services. Service Provider (see
below) may charge you fees separate and apart from the fees set forth in the Fee Schedule for its Services,
pursuant to the Service Provider Terms. Bank is not responsible for any fees charged by Service Provider for its
Services. If you request a service that is not included in the Fee Schedule and there is a fee for such service, such
fee will be disclosed at the time you request the service and you agree that any such fee may be deducted from
your Secured Account or charged to your Charge Card Account, as applicable.
E. Service Providers. You understand that we have engaged the Service Provider to perform several services for
you under this Agreement, including, but not limited to, identity verification, compliance monitoring, risk
mitigation, managing your Secured Account and Charge Card Account, and other services we may require. The
Service Provider, along with its partners and agents, is the servicer of your Secured Account and Charge Card
Account. In that capacity, Service Provider may act on our behalf, perform our obligations, and/or enforce our
rights under this Agreement. You agree that you may only access the Secured Account and Charge Card
Account through the Service Provider. You may provide us with payment instructions and view certain Secured
Account and Charge Card Account information by using the Service Provider Platform. Subject to applicable law,
you understand that any payment instruction or activity performed using the Services shall be deemed
authorized and valid and Bank is under no obligation to investigate the instruction or activity.
Separate and apart from its role as our servicer, the Service Provider may also offer Services to you. We are
neither responsible for the provisioning of such Services nor do we make any recommendations, representations,
warranties, or suggestions regarding such Services. To the fullest extent permitted by law, we will not have any
liability in connection with the Services and disclaim all warranties, either express or implied or statutory,
including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and lack
of viruses related to the Services. Subject to applicable law, in no event shall we be liable for any losses or
damages related to your use of Services.
F. Instructions You Provide Us. You agree that any instructions received by us (e.g., payment instructions, like
requests to withdraw or transfer funds from your Secured Account or make a purchase on your Charge Card
Account) through the Service Provider Platform or in connection with your username, password, PIN, or mobile
device used to access the Service Provider Platform (collectively “Credentials”) will be deemed to be authorized
by you, subject to applicable law. The use of any of your Credentials by another person will be as effective as
your use of the Credentials, regardless of whether the person affixing the Credential was authorized by you and
regardless of how the Credential was affixed, subject to applicable law. For example, if you provide your
username and password used to access the Service Provider Platform to another person and that person uses
that information to withdraw funds from your Secured Account or make a purchase with your Charge Card
Account, we will deem the withdrawal or the purchase to be authorized by you. Unless prohibited by applicable
law, you agree to hold us harmless and indemnify us for any liability incurred for reasonably acting upon such
instructions which bear any of your Credentials. You agree to keep confidential and to take all reasonable
precautions and make all reasonable efforts to protect the secrecy of all Credentials issued to you, selected by
you, or utilized by you. If any of your Credentials become lost or known to another person, you agree to notify us
immediately so that a replacement may be issued. If you believe your Credentials are no longer secure or
confidential, or that someone has used your Credentials without your permission, please contact us immediately
by calling (888) 512-1094 or notifying us through the Service Provider Platform.
We may refuse to follow any of your instructions (payment instructions or otherwise) if we think they are illegal or
potentially harmful to us or any other person. If we follow your instructions, we may require other security
measures to protect us from any losses we may suffer. To the greatest extent permitted by law, you agree to pay
us back for any damages or losses (including, but not limited to, the reasonable costs of an attorney) that we
suffer if we take an action based on your (or what appears to be your) oral, written, or electronic instructions.
III. SECURED ACCOUNT TERMS
A. Secured Account Type and Ownership.
Linking Secured Accounts. You may link your bank account at another financial institution (“Linked Account”) to
your Secured Account in order to transfer funds between your Linked Account and your Secured Account. You
represent and warrant: (1) that you have the right to authorize any and all charges and debits to the Linked
Account; (2) the Linked Account is held at a depository institution located in the U.S.; and (3) you are individually
or jointly the owner of the Linked Account. You will indemnify and hold us harmless from any claims by any
person related to the Linked Account, including any other owner of the Linked Account. You are not permitted to
link your Secured Account with a credit, debit, gift, or other type of card issued by a third party or another bank.
You may deposit funds into your Secured Account by using the Service Provider Platform to initiate an
Automated Clearing House transfer (“ACH Transfer”) from the Linked Account into your Secured Account. You
may withdraw funds from your Secured Account by using the Service Provider Platform to initiate an ACH
Transfer from your Secured Account into your Linked Account. The external account that you are depositing
funds into or withdrawing funds from must be at an external bank located in the U.S. We do not accept requests
made otherwise to initiate ACH Transfers. Requests for ACH Transfers to debit the Linked Account that are made
before 4:00 PM CST on a business day shall be considered received on the business day the request is made.
Requests for ACH Transfers to debit the Linked Account that are made after 4:00 PM CST on a business day or on
a non-business day, shall be considered received the next business day.
Internal Transfer Between Accounts at the Bank. You may initiate transfers from your Secured Account to make
payments on your Charge Card Account as described in Section IV.P (Making Payments). We may (but are not
obligated to) permit you to initiate other transfers of funds between your accounts at the Bank , or from amounts
from your Secured Account that do not secure an obligation you have under the Charge Account to other
accounts at Bank owned by third parties, through a Service Provider Platform. We do not accept requests made
otherwise to initiate internal transfers.
Deposits. When you make a deposit, we will act only as your collection agent and will not be responsible beyond
the exercise of good faith and ordinary care. All deposits are provisionally credited subject to our receipt of final
payment. If a deposit or transfer of funds into your Secured Account is returned or rejected by the paying
financial institution for any reason, you agree that we may deduct the amount of the deposit or transfer against
your Secured Account, without prior written notice to you.
Withdrawals. Except as provided herein and subject to Exhibit 2 (Transaction Limits) and Section III.R.2 (Transfer
Limitations), you may make withdrawals from your Secured Account up to the Available Balance in your Secured
Account by any means that we make available to you. Your “Available Balance” includes the total amount of
funds deposited in your Secured Account less any portion of those funds designated to settle pending
transactions or to secure balances on your Charge Card Account. See Section III.T (Security Agreement) for
further detail about the designation of Secured Account funds to secure Charge Card Account balances.
We may refuse a withdrawal request exceeding your Available Balance even if you make a deposit later in the
business day after we refuse your withdrawal request. If your Available Balance is not enough to pay a
transaction you make, we may assess an insufficient or unavailable funds fee, regardless of whether we pay the
transaction. We may allow withdrawals at any time but reserve the right to require seven (7) days’ written notice
of intention to withdraw funds from your Secured Account if your Secured Account is a negotiable order of
withdrawal (NOW) account.
You are not permitted to make withdrawals from your Secured Account by creating a check drawn on your
Secured Account. If you attempt to make any transactions with your Secured Account using a credit, debit, gift,
or other type of card issued by a third party or another bank or by creating a check drawn on your Secured
Account, we may reject and/or return the transaction without notice to you and may consider such action to be
a violation by you of this Agreement.
Before allowing a transaction, we may request you to provide us with identification, authorization,
documentation, or other information that we deem necessary. We may refuse a withdrawal if you fail to comply
with our request. We may tell you in advance when we are going to refuse a withdrawal request but will not be
required to do so.
E. Posting Order of Credits and Debits.
1. Posting Orders. This section summarizes how we generally post some common transactions to your
Secured Account. Posting transactions to your Secured Account impacts your Secured Account balance
and Available Balance. Posting a credit increases your balance, while posting a debit or hold reduces
your balance. Credits include deposits and credits we make. Holds include deposit holds, authorizations,
and holds related to withdrawals and EFTs (as defined below). Debits include withdrawals, transfers,
payments from your Secured Account, transactions, and fees.
We use automated systems to process transactions and then to post transactions to your Secured
Account. When we process multiple transactions for your Secured Account on the same day, you agree
that we may in our discretion determine our posting orders for the transactions and that we may credit,
authorize, accept, pay, decline, or return credits, debits, and holds in any order at our option. We generally
post common transactions as set forth herein. We group the different types of transactions into
categories. We use several different categories for holds, credits, and debits. Most categories include
more than one transaction type. After the end of the business day, our automated systems assign each
transaction received for that day to a category. We generally post all transactions within a category,
using the posting order or orders that apply to that category before we post any transactions assigned to
the next category.
First, we start with the balance in your Secured Account at the beginning of the business day, subtract
holds from your balance, and make any adjustments from prior days. Next, we generally add available
and settled deposits and credits to your balance and then subtract debits from your balance based on
the debit category. We subtract debits in a category from your balance in order from the highest to
lowest dollar amount, unless specified otherwise herein. If we make checks available to you, this category
is applied first against your balance. Check posting will be in sequential order based on the check
number, and for any check for which the number cannot be read, from highest to lowest amount
following the posting of number-legible checks. We then subtract from your balance any other types of
electronic debits in order from the highest to lowest dollar amount. These debits generally include
Transfers. Finally, we subtract from your balance most fees in order from highest to lowest dollar amount.
Some fees may show as “processing” until the next day.
Note that your Secured Account balance and your Available Balance may differ depending on the
amount of funds in your Secured Account designated to secure balances on your Charge Card Account,
as well as the posting order described above.
2. Changing Posting Orders. You agree that we may determine in our discretion the orders in which we post
transactions to your Secured Account. You agree that we may determine in our discretion the categories,
the transactions within a category, the order among categories, and the posting orders within a category.
We sometimes add or delete categories, change posting orders within categories and move transaction
types among categories. You agree that we may in our discretion make these changes at any time
without notice to you.
3. Posting Orders Determined at End of Day. We receive credits, debits, and holds throughout the day.
Regardless of when during the day we receive transactions for your Secured Account, you agree that we
may treat them as if we received all transactions at the same time at the end of the business day. During
the day, we show some transactions as processing. Please note that transactions shown as processing
have not been posted yet. The posting order for these transactions is determined at the end of the day,
with the other transactions we receive for that day and based on the category. We do not always receive
debits on the same day that you conduct them. We generally post credits and debits to your Secured
Account, and report them on your statement, in a different order than the order in which you conduct
them or we receive them.
4. Overdrafts. We generally determine at the time we post a debit to your Secured Account, based on the
posting order above, whether it creates an overdraft. You should note that sometimes we authorize a
transaction at a time when you have enough available funds to cover it, but because other transactions
post before it and reduce your balance, the transaction creates an overdraft when we post it to your
Secured Account. When your Secured Account balance includes some funds that are subject to a hold,
dispute, or Legal Process, or designated to secure a balance on your Charge Card Account, you should
note that those funds are not available to cover your transactions. We do not show holds or distinguish
between available and unavailable funds in your Secured Account balance on your statement.
We authorize or pay overdrafts at our discretion, which means we do not guarantee that we will always
authorize or pay any overdraft in the future, even if we have authorized or paid such transactions
previously. If we authorize or pay any overdrafts, you must immediately pay us the amount of that
overdraft. You authorize us to use the money from any subsequent deposits to your Secured Account
(including, but not limited to, a direct deposit of Social Security or any other state or federal benefit
payment, each as permitted by law) to pay any overdraft in the Secured Account. For deposits you have
authorized, you understand and agree that if you do not want your benefits applied in this way, you may
change your direct deposit instructions at any time with the person or organization paying the benefits.
You agree to pay all costs and expenses we incur in collecting any overdraft. We may still pursue
collection of the amount you owe after it is charged off.
5. Certain Transactions Made After Business Day Ends. During processing, we may include in your Secured
Account balance some transactions that you make after the business day cut-off, but before the end of
the calendar day. Deposits are made available based on Section III.Q (Funds Availability Disclosure). We
generally subtract from your Secured Account balance the following debits, when the transaction occurs
after the cutoff time for the business day, but during the same calendar day: any credit-push ACH
Transfers or EFTs.
Insurance Coverage. The Federal Deposit Insurance Corporation (“FDIC”) insures deposits according to the
ownership category in which the funds are insured. Not all accounts may be insured. Unless otherwise stated by
us or the FDIC, the Secured Account is insured by the FDIC up to the standard maximum deposit insurance
amount per depositor, per FDIC-insured bank, and per ownership category (the “Standard Insurance Amount” or
“SIA”). For purposes of determining the SIA applicable to your Secured Account, you need to consider all
accounts that you hold at the Bank. To determine SIA applicable to your Secured Account with us and for any
other FDIC insurance requirements that may apply, please visit the FDIC’s website at
www.fdic.gov/deposit/deposits or call the FDIC directly at 1-877-ASKFDIC (1-877-275-3342). You can also use the
FDIC’s Electronic Deposit Insurance Estimator (EDIE) at www.fdic.gov/edie.
Statements. We will deliver or make available to you periodic statements for your Secured Account as required
by law. You will receive a statement if you have a transaction on your Secured Account during the statement
period, and if there were no transactions on your Secured Account, we will provide you a statement at least
quarterly. The Secured Account statement will describe payments or transfers made in connection with your
Secured Account. You agree to notify us promptly if you do not receive your statement by the date you normally
would expect to receive it. You will receive an electronic statement (not paper), and you agree that the
statement has been delivered or made available to you in a reasonable manner. Note that your Secured
Account statement will be sent in combination with any statement covering your Charge Card Account during
the same statement period.
Sub-Deposit Secured Accounts. We will, from time to time, place your funds provided to us in a Sub-Deposit
Secured Account. You hereby direct Bank, as agent for you and at your written direction (as set forth herein), to
open and maintain in Bank’s Trust Department and/or with other financial institutions (each, an “Insured
Depository Institution” and collectively, “Insured Depository Institutions”) a deposit account or omnibus custody
account (individually and collectively, “Sub-Deposit Secured Account”) in the name of Bank (for your benefit),
and to deposit in the Sub-Deposit Secured Account from time to time (at Bank’s discretion) all or some moneys
you may deliver to Bank from time to time for credit to the Secured Account. The owner of the Sub-Deposit
Secured Account is Bank as agent and custodian for you and ownership will be evidenced by a book entry in
records maintained by us. You authorize us to act as your agent with respect to establishing, maintaining, and
administering the Sub-Deposit Secured Account, and you authorize us to take any action necessary to establish,
maintain, and administer the Sub-Deposit Secured Account and to initiate transfers to and from your
Sub-Deposit Secured Account and Secured Account as we may determine in our sole discretion.
Bank, in its sole discretion, may divide the funds deposited into the Secured Account into one or more separate
Sub-Deposit Secured Account to be managed by Bank. As your agent, Bank will determine the amount of funds
to deposit in and withdraw from each Sub-Deposit Secured Account, subject to the terms herein. You consent to
the assets deposited in the Sub-Deposit Secured Account with the Bank’s Trust Department being considered
trust assets of the Trust Department. No evidence of ownership related to the Sub-Deposit Secured Account will
be issued to you, and you will not receive any written confirmation of the establishment of the Sub-Deposit
Secured Account or transfer of funds to or from the Sub-Deposit Secured Account. All deposits to your
Sub-Deposit Secured Account and withdrawals from the Sub-Deposit Secured Account necessary to satisfy any
debits to or withdrawals from your Secured Account will be made by us, as your agent.
The depositing of your funds into the Sub-Deposit Secured Account will not increase your FDIC deposit insurance
coverage. You authorize us to execute and deliver or file on your behalf all appropriate receipts, agreements,
releases, and other instruments, including whatever agreements may be required to establish and maintain the
Sub-Deposit Secured Account or to establish your ownership interest in the Sub-Deposit Secured Account.
Notwithstanding anything to the contrary, you acknowledge and agree that the funds deposited in your Secured
Account and transferred to the Sub-Deposit Secured Account may be used by us and/or each Insured
Depository Institution as a source of funding and for investment; provided, however, we will only invest such
funds in certain securities, equities, and debt (e.g., U.S. Treasury Bills, U.S. or state issued or guaranteed securities,
corporate bonds, mutual funds, exchange traded funds, etc.), or any other investments or assets permitted by
For the avoidance of doubt and notwithstanding any other provision herein, Bank and each Insured Depository
Institution intend to (and you authorize each such party to) use deposits in the Secured Account and/or
Sub-Deposit Secured Account each such party holds to fund current and new businesses, including lending
activities and investments, without benefit to you (and for their respective benefit). You acknowledge and agree
that the Sub-Deposit Secured Account and any investments made by us in connection with the Sub-Deposit
Secured Account will earn no interest or fees for you, and that we may collect any interest, investment returns,
and/or fees in connection with a Sub-Deposit Secured Account or any investment contemplated herein for the
exclusive benefit and account of Bank and/or Insured Depository Institutions (if applicable). However, the funds
you deposit with us in your Secured Account will be made available to you in accordance with this Agreement
(and regardless of the performance of any of our loans or investments, subject to FDIC insurance limitations).
You further acknowledge and agree the income that we and/or an Insured Depository Institution earn through
our respective lending and investing activities may be greater than the interest earned by you pursuant to the
Secured Account Agreement (if any), and that we and Insured Depository Institutions may also receive other
financial benefits in connection with the funds in your Sub-Deposit Secured Account. Our placement of funds in
the Sub-Deposit Secured Account may reflect considerations of federal and state law, our funding needs and
funding needs of Insured Depository Institutions, general economic conditions, or other factors determined by us
in our sole discretion. We may place funds to enhance our business objectives and for balance sheet
management purposes without any benefit to you. We are under no obligation to place your funds with an
Insured Depository Institution. Subject to applicable law, your only rights with respect to the Sub-Deposit Secured
Account are to demand we repay you all amounts in your Secured Account that were deposited with us,
including those transferred to the Sub-Deposit Secured Account from your Secured Account. The Sub-Deposit
Secured Account may not be transferred to another institution, except by us or the Insured Depository Institution.
You may terminate our role as your agent hereunder by providing us with thirty (30) days’ prior written notice,
such notice to be sent to 110 E Houston St., 7th Floor, San Antonio, TX 78205. Any termination will result in a return
of funds in accordance with law and closing of your Secured Account and any Sub-Deposit Secured Account
opened specifically for you.
Each Sub-Deposit Secured Account at each Insured Depository Institution constitutes an obligation of the
Insured Depository Institution and is not directly or indirectly an obligation of Bank. You can obtain publicly
available financial information concerning each Insured Depository Institution at
www.ffiec.gov/nicpubweb/nicweb/nichome.aspx or by contacting the FDIC Public Information Center by mail at
3501 North Fairfax Drive, Arlington, VA 22226, or by phone at 1-877-275-3342. We do not guarantee in any way the
financial condition of an Insured Depository Institution or the accuracy of any publicly available financial
information concerning an Insured Depository Institution. We may provide your name, tax identification number,
and other pertinent identifying information to Insured Depository Institution, and other parties providing services
in connection with the placement of your funds and the establishing and holding of the Sub-Deposit Secured
Account. Although there are two or more accounts associated with your funds (the Secured Account and the
Sub-Deposit Secured Account), your Secured Account is treated as a single account for reporting deposits and
withdrawals, as well as for tax reporting, balance requirement, service charge, and monthly statement (which
will reflect the total balance in your Secured Account and each Sub-Deposit Secured Account, excluding any
interest or amounts owed or belonging to us or any Insured Depository Institution). The existence of the
Sub-Deposit Secured Account will not change the manner in which you use, obtain information about or earn
interest (if any) on your Secured Account. Transfers to and from the Sub-Deposit Secured Account will not
appear on your monthly statement. We are responsible for the accuracy of your Secured Account statements,
not the Insured Depository Institutions.
Interest and Interest Rate. Your Secured Account is not an interest-bearing account.
Negative Balance. Each time you initiate a transaction using your Secured Account, you authorize the Bank to
reduce the funds available in your Secured Account by the amount of the transaction and all associated fees.
You are not allowed to exceed the available amount in your Secured Account through an individual transaction
or a series of transactions (creating a “negative balance”). Nevertheless, if any transaction causes the balance
in your Secured Account to go negative, including any purchase transactions where the retailer or merchant
does not request authorization, you shall remain fully liable to us for the amount of any negative balance and
any corresponding transaction fees. You may also be liable for any related Insufficient Funds/NSF Fee(s) as set
forth in Exhibit 1 (Fee Schedule). We reserve the right to bill you for any negative balance or to recoup such
negative balance from your Secured Account or any other account you have at the Bank. You agree to pay us
promptly for the negative balance and any related fees. We also reserve the right to terminate your Secured
Account if you create one or more negative balances. If you fail to pay us amounts owed under this Agreement,
we may refer your Secured Account, and collection of amounts owed, to a collection agency.
Power of Attorney/Agents. Subject to applicable law, we may allow you to give another person (known as an
“attorney-in-fact”) power of attorney to act on your behalf for your Secured Account; provided, we are not
obligated to honor such power of attorney until you first obtain our written approval. Email us at
firstname.lastname@example.org for approval if you plan to create a power of attorney. Unless we approve of your power of
attorney in writing, we are not required to honor orders and instructions concerning your Secured Account by an
attorney-in-fact for any Secured Account owner, or by a personal representative, guardian, conservator, or
custodian of an account owner. If we approve your appointment of an attorney-in-fact, we will honor orders and
instructions from your attorney-in-fact until the earlier of (1) our receipt from you revoking such power of
attorney and our written acknowledgement; (2) our receipt of notice that you or your attorney-in-fact have died
or become incapacitated; or (3) our termination of the acceptance of the power of attorney. We have no duty to
monitor or ensure that the acts of your attorney-in-fact are for your use or benefit or are otherwise permissible
under applicable law. We will not be liable if your attorney-in-fact exceeds his or her powers or does not comply
with your instructions or applicable law. We may terminate acceptance of a power of attorney at any time and
for any reason and without notice to you. You agree to hold us harmless from and against any actions we take
based upon the instructions of your attorney-in-fact or that your attorney-in-fact takes regarding your Secured
Death, Incapacity, or Termination. You agree to notify us immediately if a Secured Account owner on your
Secured Account or if you, through a representative, dies or is declared legally incompetent. In the case of an
individual Secured Account, if we have reason to believe the Secured Account owner has died or has been
declared legally incompetent, we may place a hold on the Secured Account to retain funds and refuse all
transactions until we know and have verified the identity of the successor. Until we receive notice and any
required proof of death or incapacitation, we may continue to accept deposits and process transactions to your
Secured Account. If you die while residing outside the United States, we may require a personal representative to
be appointed by a court in a United States jurisdiction. Until we receive notice and any required proof of death or
incompetence, we may act as if all owners are alive and competent. In the event we receive written notice from
a personal representative, executor, administrator, conservator, or guardian purporting to represent you or your
estate, we shall be entitled to rely on all information supplied and representations made in such written notice to
the full extent permitted by applicable law. If certain payments originating from government entities are
deposited into your Secured Account after your death, we may be required to return those payments to the
originator upon notice. If we have any tax liability resulting from us paying your balance to your estate, the estate
will be responsible for repaying us the amount of that tax. If you owe us a debt at the time of your death, we are
authorized to exercise our right of setoff (our right to apply funds in one account to the debt associated with
another account) or security interest rights against the funds credited to your balance after your death. You
agree to hold us harmless for any actions we take based on our belief that you have died or become
incapacitated, or any notices of death or incapacitation that we receive.
Monitoring and Closing Your Secured Account. Subject to the terms herein, you can close your Secured Account
at any time and for any reason by contacting us or terminating the Secured Account through the Service
Provider Platform, if applicable. We reserve the right to refuse your request to close your Secured Account if your
Secured Account is not in good standing or if you have a negative balance on your Secured Account. If you
intend to close your Secured Account, you should notify us through the Service Provider Platform. Simply
reducing your Secured Account balance to $0.00 is insufficient notice. If you close your Secured Account, you are
responsible for transactions you initiated or authorized, including those that we receive after the Secured
Account is closed, subject to applicable law. Withdrawals from your Secured Account may be restricted prior to
Secured Account closing.
We reserve the right to monitor all Secured Account activity for inappropriate use. We may also suspend or close
your Secured Account at our discretion and for any reason with or without notice. This includes upon the
termination of your Charge Card Account for any reason or if we believe you are using your Secured Account for
fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may
have with us or Service Provider, or if you otherwise present undue risk to us or Service Provider. We are not
responsible to you for any damages you may suffer as a result of the closure or suspension of your Secured
Account. If we close your Secured Account, all collected funds (less any amounts due to us or for debits in
process) will be transferred to your Linked Account. Alternatively, we may, at our discretion, mail you a check for
the available balance in your Secured Account. Written notice that the Secured Account has been closed, to the
extent required by law, and a check, if any, will be sent to any address shown on our records for you, or if the
Secured Account is jointly owned, to any account owner to whom we elect to send it, or the email address we
have on file for the Secured Account. Once we have closed your Secured Account, you agree that we can assess
any service charge otherwise applicable against any remaining balance in your Secured Account. We are not
responsible to you for any damages you may suffer as a result of your Secured Account being closed. If you
attempt to make a deposit to a Secured Account we closed, we may collect the deposit and set off your
indebtedness to us. We reserve the right not to return funds to you if your account balance is less than $5.00. The
closure of your Secured Account or termination of this Agreement does not impact any right or obligation that
arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination
(including, but not limited to, any indemnification obligation by you, our limitations of liability, and any terms
Dormancy and Unclaimed Property. State laws (called “escheat” or unclaimed property laws) require us to
close your Secured Account and transfer your money to the state if your Secured Account is dormant for a
period of time as defined by your state of residence. State and federal law and our policy govern when your
Secured Account is considered dormant. Your Secured Account is usually considered dormant if you have not
accessed your Secured Account, communicated to us about your Secured Account, or otherwise shown an
interest in your Secured Account within the period of time specified under applicable law. Each state has varying
laws as to when an account is subject to escheatment and we may be required to send the balance in your
Secured Account to the state of your last known address or, if not in the U.S., the state in which we reside. We will
make all reasonable efforts to contact you if required by applicable law before transferring the remaining
balance of your Secured Account to the applicable state. After we surrender the funds to the state, we have no
further liability to you for those funds and you must apply to the appropriate state agency to reclaim your funds.
You can avoid the transfer of your money to the state simply by signing into your Secured Account, transacting
periodically, or contacting us, or replying to any abandoned property correspondence. If your Secured Account
becomes dormant, you may no longer receive statements, but you can still view your accounts online.
Tax Reporting and Backup Withholding. Federal law requires us to have a valid Social Security Number or
Individual Taxpayer Identification Number for each Secured Account owner so that we can correctly report the
interest you have earned to the relevant tax authorities (if your Secured Account is an interest-bearing account).
Accordingly, you must certify your Social Security Number or Individual Taxpayer Identification Number as part of
opening a Secured Account. If you do not provide us with and certify a valid Social Security Number or Individual
Taxpayer Identification Number within the time period specified, we are required to withhold a percentage of the
taxable interest that we pay to you. This withholding is commonly referred to as “Backup Withholding.” In some
states, we may also be required to withhold taxable interest for state taxes.
Funds Availability Disclosure. When a deposit is made to your Secured Account, the funds may not be available
immediately. This section describes when funds will be made available to you.
5. Availability of ACH Transfer Deposits:
5a. Funds from ACH Transfers that you initiate through another bank will generally be available on the
next business day after the day the ACH Transfer is deemed to be received by us, but may be
available earlier in our discretion, depending on the type of ACH Transfer.
5b. Funds from ACH Transfers that you initiate through the Bank from a linked external account will
generally be available on the third (3rd) business day after the day the ACH Transfer is deemed to
be received by us but may be available earlier in our discretion.
6. Availability of Internal Transfers Between Accounts at the Bank: When you transfer funds from one of
your accounts at the Bank to another of your accounts at the Bank on a business day, the funds will be
7. Availability of Check Deposits: To the extent that we accept check deposits, the following funds
availability rules will apply.
7a. Special Checks—For U.S. Treasury checks or other government checks and certified, teller, and
cashier’s checks (“Special Checks”), up to $5,525 will be available the next business day after the
day of your deposit and the remainder will be available on the sixth (6th) business day after the
day of your deposit, unless an exception applies.
7b. Other Check Deposits—For all types of checks other than Special Checks, up to $225 will be
available the next business day after the day of your deposit and the remainder, up to $5,525, will
be available the second (2nd) business day after the day of your deposit, unless an exception
applies or you are a New Customer (see below).
7c. Exceptions—Funds you deposit by check may be delayed for a longer period under the following
7ci. You deposit a single or multiple checks totaling more than $5,525 on any one day;
7cii. You redeposit a check that has been returned unpaid;
7ciii. We believe a check you deposit will not be paid; or
7civ. 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 the above reasons and will
tell you when the funds will be available. Funds will generally be available no later than the sixth
(6th) business day after the day of your deposit.
7cd. Special Rules for New Customers—You are generally considered a “New Customer” during the first
thirty (30) days after you open your first account with us. For New Customers depositing all types
of checks other than Special Checks, up to $225 will be available the next business day after the
day of deposit and the remainder will be available on the sixth (6th) business day after the day of
your deposit, unless an exception applies.
8. Availability of Remote Deposit Capture Services. We may provide you with the ability to make deposits
to your Secured Account from a home, office or other remote location using a compatible mobile device
(camera), computer hardware (scanner), software or web-based application (individually and
collectively, the “Device”) by creating an image, preparing an electronic picture or replica of the front and
back of an Eligible Item and deliver such image, picture or replica (the “Image”) and associated deposit
information to us (the “Remote Deposit Capture Services”). “Eligible Items” are checks or other paper
items (not a prohibited item under this Section IX.A (Remote Deposit Capture Services) or item rejected
by us), payable on demand and drawn on (or payable through) an office of a United States bank, to be
converted to Images and deposited into your Secured Account using the Remote Deposit Capture
8i. The Agreement. Your use and access to the Remote Deposit Capture Services will be governed
by the terms and conditions of this Section 8 (Remote Deposit Capture Services), this Agreement
and any applicable law, rule or regulation, including, but not limited, to your rights and
obligations in the event of any error in connection with the Remote Deposit Captures Services.
Each time you use the Remote Deposit Services you agree to the terms of this Agreement and
acknowledge that we may add requirements to your ability and eligibility to use the Remote
Deposit Capture Services at any time.
8ii. Submission of Images. All Images you submit to us using the Remote Deposit Capture Service
must be legible, accurately capture the front and back of the Eligible Item and all other required
data and information from such Eligible Item using a Device that meets the hardware and
software requirements set forth below. The Image you submit to us for processing, must meet
requirements to create a Substitute Check (including all MICR-line information) and include the
accurate amount of the Eligible Item. Each time you submit an Image using our Remote Deposit
Capture Services, you agree that, for all purposes, such Image is an “item” as defined under the
UCC and is the legal equivalent of the Eligible Item and that we qualify as a
holder-in-due-course under the UCC.
If we provide a “memo” field through our Remote Deposit Capture Service or if one is provided on
your Device, you may use such field to input information, but you should not enter any sensitive
or confidential information like a Social Security or account number. We will not review any entry
you make to this field nor do we have any obligation to review such entries. Any entry you make
to this field will be at your own risk and liability. We will not be responsible for anything you may
enter into his field.
8iii. Substitute Checks. A “Substitute Check” is the legal equivalent to the original check and is
created from the original check. It can be used as proof of payment. Included on a Substitute
Check will be the following words or similar words, “This is a legal copy of your check. You can
use it the same way you would use an original check”. The Substitute Check is the accurate
copy of the front and back of the original check. We may elect to provide you with a Substitute
Check for any check to be returned to you. Unless we agree in writing to take a Substitute Check,
you will not submit any Substitute Check, for deposit or otherwise, if we would be the first
financial institution to receive the Substitute Check.
8iv. Processing Images. We will process Images submitted by you that are legible and that
accurately captures all required data and information. If an item is not legible, accurate or
does not otherwise meet standard of quality, we may reject and return the item to you without
prior notice. We can collect, process, present for payment, return or represent any of your
Images in any manner we choose unless otherwise prohibited by applicable law. We do not
have to process any Image you submit and can reject any such Image for any reason, including,
but not limited to an Image that is illegible, inaccurate or does not meet our image quality
standards, and without liability even if we provided you with a confirmation notice. If we reject
an Image, you will need to resubmit the Image for processing by us. Your payment history (past
or upcoming) will not reflect the rejected Image. You will need to maintain the Eligible Item for
which the Image is a replica and not destroy it until you see the full amount of the Eligible Item
deposited to your Secured Account. Further, we do not have to process the Image if it does not
meet our requirement to process such Image which may include, but not limited to: (1) process
the Image for payment; (2) correct the Image, any information or data included in such Image
and process the corrected Image for payment; (3) process the deposit in another format for
payment; or (4) debit your Secured Account for the amount of the Image. An Image submitted
to us successfully, we will deposit the amount of the Image to your Secured Account and such
amount will appear on your upcoming or recent Secured Account activity; provided, however
that this does not meant the deposit is complete. We have the right to further verify the
accepted deposit and final payment after such deposit. Again, you will need to ensure that you
do not destroy or lose any Eligible Item connected to such deposit until you see the full deposit
amount is posted to your Secured Account and Secured Account statement history.
8v. Eligible Items. You may only use the Remote Deposit Captures Service for Eligible Items. Any
item that is not an Eligible Item is not permitted to be submitted or transmitted to us for
processing. For instance, you may not submit and you agree that with each use of the services,
you will not submit an item that (1) cannot be paid in U.S. currency; (2) is not payable to you and
payable to someone else; (3) is drawn on a financial institution not located in the U.S.; (4) are
money orders, savings bonds, or traveler’s checks; (5) are checks authorized over the telephone
and created remotely; (6) never existed in paper form; (7) is not authorized or activated by us
prior to being deposited; (8) has been previously deposited or returned to you; (9) is not legible
or does not conform to our Image processing standards; (10) contains alterations or that you
suspect, or should suspect, are fraudulent, not authorized, suspicious or not likely to be honored;
(11) is not dated, post-dated, or more than 6 months old from when such item was submitted to
us for processing; or (12) we determine is of a type, in or sole discretion, that we will not accept.
8vi. RDC Deposit Limits. There are certain limits, including daily and monthly limits on the dollar
amounts of the Images you can submit to us for processing through the Remote Deposit
Capture Service (“RDC Deposit Limits”). If we believe or suspect that there are RDC Deposit limits
necessary to maintain and/or restore the security of your Secured Account or the Remote
Deposit Capture Services, we will not have any obligation to notify you of such necessity. Further,
we have the right to add additional limits to your use of the Remote Deposit Capture Services at
any time and in our discretion. If you attempt to process an Image for a deposit that exceeds
the RDC Deposit Limits, we can reject the Image. If we process and permit the Deposit for any
Image that includes and amount in excess of the RDC Deposit Limits, such action will not be
deemed to be an approval by us and we have no obligation to allow you to make any other
deposits in excess of the RDC Deposit Limits using the Remoted Deposit Capture Services.
8vii. Endorsement of Eligible Items. For any Image you submit to us for processing, you must retain
the original Eligible Item and take the following steps to prevent an additional or duplicate
submission of the original Eligible Item for payment: (1) you will endorse the back of the original
Eligible Item before submitting it to us by (a) placing your signature on the back of the
original Eligible Item and (b) writing the words “for Evolve Bank & Trust deposit only” or as we
otherwise tell you (collectively (a) and (b), the “Endorsement”); (2) you will submit both the front
and back of the Image; (3) you will write on the original Eligible Item, legibly and prominently,
“Void - Electronically Presented”; (4) store and maintain the original Eligible Item in a safe place
until you see it post to your Secured Account history; and (5) once you have confirmed the item
has posted to your Secured Account history, you will destroy the Eligible Item by cutting it up or
shredding it. We may accept and treat any Image as endorsed even if you submit it without the
Endorsement. You agree to follow any and all other procedures and instructions we may
establish from time to time to present any Image to us for processing. If there is any
discrepancy or error in the amount of the Image submitted by you and the actual amount of the
Eligible Item, we may debit or credit your Secured Account to adjust for any such error or
discrepancy. Upon our request for any reason, including, but not limited to assisting in any
clearance and collection process, to resolve any third party claims arising out of or in
connection with such item or for our audit purposes, you will promptly provide any stored or
retained Eligible Item or a copy of such item sufficient to reflect the front and back of the item.
8viii. Availability of Deposits. An Image that is successfully presented to us prior to any business day
cutoff time, will be consider the date of your Deposit and if presented after such cutoff time, the
next day will be the date of your Deposit. Deposits made through the Remote Deposit Capture
Services are available based on Section VIII (Deposit Availability Disclosure) and, despite being
made through the Remote Deposit Capture Services, will not be subject to the funds availability
requirement of Federal Reserve Board Regulation CC even if we provide you with Regulation CC
disclosures or notices. Further, for any Image you submit for us to process through the Remote
Deposit Capture Services, we have the right to place an extended hold on the related Deposit
with notice to you. If we do extend a hold on any Deposit, we will let you know when the Deposit
will be available for withdrawal. In determining whether to extend a hold on any large Deposit,
you agree that we may include in our consideration any Deposits you have made using the
Remote Deposit Capture Services.
8ix. Receipt of Items. We are not obligated to process any Image you submit through the Remote
Deposit Capture Services and we reserve the right to reject or return any unpaid item at our
discretion. Further, we will not be responsible for any amount for any item that we do not receive
or for any error in submission of any Image from your Device to us. An image will only be
deemed to be received by us when we receive confirmation of receipt of such Image. However,
any confirmation of receipt is not a confirmation that the submission or the Image was not
received error-free, complete and/or that we have accepted it for deposit.
8x. Returned and Rejected Images. If any Image of any Eligible Item or other item is presented to
us that is returned or rejected by us unpaid for any reason, including for reason such as
duplication of submission or the item has already been deposited with us or anyone else, we
have the right to issue an ACH debit to your Secured Account or any other deposit account you
have with us in the amount of such item, plus any fees connected to such return or rejection as
provided for in the Fee Schedule, attached as Exhibit 1. In addition, we can place a hold on your
Secured Account for any item you submit if a claim is made regarding the item or we have
reason to believe the item you submitted was forged, altered, unauthorized, missing signatures,
includes a forged endorsement or, if the item was paid, for any reason for which the item should
not have been paid. We can take these actions even if you have made withdrawals against the
item. You may request a copy of any returned or rejected Image understanding that we can
return such item by any method we choose, including as an image with accompanying data or
as a Substitute Check.
8xi. Security. In addition to the security procedures described elsewhere in this Agreement, you are
solely responsible for maintaining the confidentiality of your credentials and any other means
that you may use to securely access the Remote Deposit Capture Service and any Device used
for such access. If another person's biometric identifier is loaded onto your Device, you must
take immediate steps to ensure that the biometric identifier is removed from the Device,
otherwise any transaction using such Device by a person who you have granted access to will
not be an unauthorized transaction for the purposes of determining liability. Similarly, if you
provide your user ID, PIN or password necessary to access your Device, you must take
immediate steps to change such user ID, PIN or password to ensure no third party has access to
or knows such user ID, PIN or password. Otherwise, any Image submitted for processing using
such Device by a person to whom you provide your user ID, PIN or password will not be an
unauthorized transaction for the purposes of determining liability. If your PIN, biometric
authentication or other passcode is compromised or your Secured Account has been used with
the Remote Deposit Captures Services without your permission, or you have a Device and it has
been lost or stolen, you must notify us immediately. If you fail to notify us without delay, you may
be liable for part or all of the losses in connection with any unauthorized use of your Secured
Account in connection with the Remote Deposit Capture Services. You should notify us by calling
the number in the app you use to manage your Secured Account and Remote Deposit Capture
Services. It is your responsibility to protect your Device and Secured Account against any
unauthorized access and any resulting losses or damages from unauthorized access. You will
need to take reasonable steps and precautions to protect your Device from unauthorized use,
including, but not limited to: (i) keeping your passwords secret, change them regularly and limit
the use of such passwords to only persons who have a legitimate need to have and use them;
(ii) monitor and supervise any person you permit to use the Remote Deposit Capture Services on
your behalf; (iii) promptly and regularly review your Secured Account Statements; (iv) notify us
immediately of any lost or stolen Device or if you believe there is unauthorized activity involving
the Remote Deposit Capture Services; and (iv) remove anyone who is no longer authorized to
use or access the Remote Deposit Capture Services. You are solely responsible for these security
precautions. We will not be obligated or responsible for any of these security precautions.
8xii. Disruptions, Modifications and Discontinuance. From time to time, due to maintenance,
updates, technical problems or other reasons, the Remote Deposit Capture Services may not be
available or accessible to you and we are not responsible for such disruption in services. We
can change, modify, add to or delete portions of the Remote Deposit Capture Services in our sole
discretion. Your continued use of the services will be deemed your acceptance of any such
modifications. In addition, we reserve the right to suspend or discontinue your access to or use
of any portion or all of the Remote Deposit Capture Services immediately or at any time, in our
discretion, and without prior notice to you.
8xiii. Reviews. We have the right, at any time, to review and audit your use of the Remote Deposit
Capture Services to determine and confirm your compliance with the terms of this Agreement
and any applicable law, rule or regulation. Such review may include a review and inquiry of, but
not limited to, your Secured Account, an Image, Eligible Item, item, the issuer of any Image
submitted through service for processing, your payment and transaction history and any other
relevant circumstances, factors or other information as determined by us. By use of the Remote
Deposit Capture Services you agree to such reviews and agree to cooperate in such reviews.
You acknowledge that if such review is conducted, we will not be responsible or liable for any
delayed, incomplete, insufficient or other negative result in the processing of any Image that is
the subject of such review.
8xiv. Service Fees. There is no additional charge to you for use of the Remote Deposit Capture
Services, but message and data rates from your Device service provider. We will not be
responsible or obligated for any data or message charges incurred by you in use of any Device
to access the Remote Deposit Capture Services.
8xv. Service Ownership. We operate the Remote Deposit Capture Services; provided, however,
Service Provider or its service provider provides you with the technology and services necessary
for you to use the Remote Deposit Capture Services (e.g., the image capture technology) (“RDC
Technology”) The RDC Technology is owned and operated by Service Provider and is the
property of Service Provider or its third-party licensors. As such, the RDC Technology is
protected by intellectual property and/or proprietary rights and other restrictions. You are only
permitted to use RDC Technology in accordance with the terms of this Agreement and Service
Provider Terms. We reserve all of our rights and interest in the Remote Deposit Captures Services
that are provided and that are not otherwise provided for in this Agreement. You agree that we
are not liable for RDC Technology, and any claims you have related to RDC Technology will be
brought solely and exclusively against Service Provider or its third party licensors.
8xvi. NO WARRANTIES. WITHOUT LIMITING ANY OTHER DISCLAIMERS SET FORTH IN THIS AGREEMENT, WHEN
YOU USE THE REMOTE DEPOSIT CAPTURE SERVICES OR RDC TECHNOLOGY, YOU AGREE THAT YOU ARE
USING SUCH SERVICES “AS IS” AND “AS AVAILABLE”. SUBJECT TO APPLICABLE LAW, WE MAKE NO
WARRANTIES OF ANY KIND REGARDING THE REMOTE DEPOSIT CAPTURE SERVICES, RDC TECHNOLOGY
OR YOUR USE OF THE REMOTE DEPOSIT CAPTURE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AVAILABILITY OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE REMOTE DEPOSIT
CAPTURE SERVICES WILL BE AVAILABLE, TIMELY, SECURE OR ERROR FREE.
8xvii. Other Agreements. Your access to or use of the Remote Deposit Capture Services or RDC
Technology could be affected by any other agreement you have with other parties that enable
you to use the service, including with any party that supports or provides service to your Device.
We have no responsibility under these other agreements and such agreements will not change
your obligations and duties you have under this Agreement.
Electronic Fund Transfers Disclosure. Your Secured Account allows you to withdraw or transfer funds up to the
Available Balance or make deposits or transfers through electronic fund transfers (“EFTs”). EFTs are transactions
that are processed by electronic means and include, among others, ACH transfers and transactions. This section
provides you with information and important disclosures and terms about the EFTs that are permitted on your
Secured Account. You may also receive additional services from Service Provider through the Service Provider
Platform that allow you to initiate EFTs to and from your Secured Account that are not described in this
Agreement. You will be provided separate agreements and disclosures applicable to those services from Service
1. Supported EFTs. The EFTs that we may support are listed below. However, the EFTs available to you will
depend on the EFTs supported by the Service Provider Platform and all the below-listed EFT services may
not be available to you.
1a. Direct deposits of federal government payroll, disability, veteran’s benefits, Social Security, and
other federal government payments that you may receive and that may be deposited to your
Secured Account and of your paycheck to your Secured Account, provided that your employer
offers direct deposit and you complete any forms required by your employer.
1b. Any deposit, transfer, or withdrawal to or from your Secured Account that is handled electronically
as an ACH Transfer.
1c. Transactions at participating merchants to purchase goods and services. Some merchants may
also allow you to withdraw cash from your Account while making a purchase.
1d. Transactions at ATMs to withdraw cash, transfer funds and find out balances.
1e. Online fund transfers using your Secured Account routing and account number, if available.
1f. Intrabank funds transfers between two accounts both held by us.
Except as set forth in the Fee Schedule, we do not charge for EFTs, but we may add charges at any time
by providing you with prior notice if required by law.
2. Transfer Limitations. All EFTs are subject to limits. The transfer limit depends on the EFT type. ACH
Transfers to external accounts are subject to limits on the dollar amount of electronic transfers between
your Secured Account and external accounts at other financial institutions, including Linked Accounts.
The Secured Account may be limited based on fraud risk and security of the Secured Account. All limits
described here are designed to be flexible in order to protect the security and integrity of the service and
accounts, including the Secured Account, as well as you and all other users of 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 all Secured Accounts and may be
modified at our sole discretion without advance notice. For a description of certain limits, please see
Exhibit 2 (Transaction Limits), which is incorporated herein by reference. These limits are examples and
subject to change based on fraud risk and security of the Secured Account.
3. Preauthorized Credits. If you have arranged to have direct deposits made to your Secured Account at
least once every sixty (60) days from the same person or company including your employer, you can call
us at (888) 512-1094 to find out whether the deposit has been made or you can check if the deposit has
been made by reviewing your transaction history in the Service Provider Platform.
4. Periodic Statements. You will get a monthly Secured Account statement whenever there are transfers for
that particular month. In any case, however, you will receive a statement at least quarterly.
5. Liability for Failure to Make EFTs. If we do not complete a transfer to or from your Secured Account on
time or in the correct Amount according to our agreement with you, we will be liable for damages or
losses proximately caused by our failure. All such damages and losses for a failure to make a transfer will
have to be actual proven damages. However, there are some exceptions, and we will not be liable for any
damages or losses if, for example: (1) there are insufficient funds in your Secured Account to complete
the transaction through no fault of ours; (2) the funds in your Secured Account are not yet available for
use or withdrawal; (3) the funds in your Secured Account are subject to a Legal Process or other
encumbrance restricting the transfer; (4) the circumstances preventing the transfer or the failure of the
transfer is beyond our control (e.g., power outage, an Act of God, fire, natural disaster) even after we have
taken reasonable precautions; or (5) the Secured Account is inactive or dormant or has been revoked
due to inactivity or at our discretion. There may be additional exceptions stated in our agreement with
you or permitted by law.
6. Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your Credentials have been lost or
stolen, or if you believe that an electronic fund transfer has been made without your permission using
information from your Secured Account. You could lose all the money in your Secured Account. If you tell
us within two (2) business days after you learn of the loss or theft of your Credentials, you can lose no
more than $50 if someone used your Credentials without your permission. If you do NOT tell us within two
(2) business days after you learn of the loss or theft of your Credentials, and we can prove we could have
stopped someone from using your Credentials without your permission if you had told us, you could lose
as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within
sixty (60) days after the statement was mailed to you or first became available via electronic means, you
may not get back any money you lost after the sixty (60) days if we can prove that we could have
stopped someone from taking the money if you had told us in time. We can extend these time periods if
extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.
7. Business Days. For purposes of these disclosures, our business days are Monday through Friday. Holidays
are not included.
8. Confidentiality. We will disclose information to third parties about your Secured Account, including the
transfers you make: (1) where it is necessary for completing transfers or transactions; (2) in order to verify
the existence and condition of your Secured Account for a third party, such as a credit bureau or
merchant; (3) in order to comply with government agency or court orders; (4) if you give us your written
permission; (5) to our and the Bank’s employees, auditors, affiliates, service providers, or attorneys as
needed; (6) in order to collect fees or funds you may owe us; (7) as otherwise provided by the Privacy
Policy; and (8) to verify your identity and determine if we should open or keep open a Secured Account
for you, utilizing identity verification services provided to us by third parties.
and who we share data and information with. Services offered by Service Provider, including the Service
rights, and who Service Provider shares data and information with.
9. Preauthorized Payments.
9a. Right to stop payment and procedure for doing so. If you have told us in advance to make regular
payments out of your account, you can stop any of these payments. Here’s how: Call us at (888)
512-1094, in time for us to receive your request three (3) business days or more before the
payment is scheduled to be made. If you call, we may also require you to put your request in
writing and get it to us within fourteen (14) days after you call. (We may charge you for each
stop-payment order you give, in accordance with our Fee Schedule.)
9b. Notice of varying amounts. If these regular payments may vary in amount, the person you are
going to pay will tell you, ten (10) days before each payment, when it will be made and how much
it will be. (You may choose instead to get this notice only when the payment would differ by more
than a certain amount from the previous payment, or when the amount would fall outside certain
limits that you set.)
9c. Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these
payments three (3) business days or more before the transfer is scheduled, and we do not do so,
we will be liable for your losses or damages. To the extent permitted by law, our liability for losses
or damages may be limited to actual damages that you have sustained if the failure to stop
payment was due to a bona fide error.
Error Resolution. In case of errors or questions about your electronic transfers telephone us at (888) 512-1094;
write us at 110 E Houston St., 7th Floor, San Antonio, TX 78205; or email us at email@example.com as soon as you
can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the
statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on
which the problem or error appeared.
You must provide us with the following information: (1) tell us your name and account number (if any); (2)
describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an
error or why you need more information; and (3) tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business
days. We will determine whether an error occurred within ten (10) business days after we hear from you and will
correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate
your complaint or question. If we decide to do this, we will credit your Secured Account within ten (10) business
days for the amount you think is in error, so that you will have the use of the money during the time it takes us to
complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it
within ten (10) business days, we may not credit your Secured Account. For errors involving new Secured
Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your
complaint or question. For new Secured Accounts, we may take up to twenty (20) business days to credit your
Secured Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that
there was no error, we will send you a written explanation. You may ask for copies of the documents that we used
in our investigation. If we credit your Secured Account with funds while investigating an error, you must repay
those funds to us if we conclude that no error has occurred.
See also the “Error Resolution Notice” section of your periodic statement.
S. Security Agreement.
S1. Right of Set-Off. You grant us a security interest in your Secured Account to secure payment of any
money that you owe to us arising under this Agreement or any other agreements with us. You
acknowledge and grant us the right to use any of the funds in your Secured Account to cover any money
you owe to us (a “right of set-off”). We have the right to set off any liability, direct or contingent, past,
present, or future that you owe against any account you have with us. This means that we can take any
funds in your Secured Account or any other account you have with us to pay any debt or liability you owe
us. We may exercise our security interest or right of set-off without prior recourse to other sources of
repayment or collateral, if any, and even if such action causes you to lose interest, incur any penalty, or
suffer any other consequence. If we exercise our security interest or right of set-off, we will notify you to
the extent required by applicable law. If the law imposes conditions or limits on our ability to take or set
off funds in your Secured Account, to the extent that you may do so by contract, you waive those
conditions and limits, and you authorize us to apply funds as we deem applicable. We may also exercise
these rights against any Secured Account beneficiary. These rights exist no matter who contributed the
funds to the Secured Account. We will consider your consent to this Agreement as your consent for us
asserting our security interest or exercising our right of set-off should any laws governing your Secured
Account require your consent.
S2. Secured Account as Security for Charge Card Account. The funds you maintain in your Secured Account
will secure the obligations to us that you incur in connection with your Charge Card Account. You grant to
us, as of the date you deliver funds to the Secured Account, a security interest in such funds and any
additions or proceeds of such funds (collectively, the “Collateral”) to secure your obligations under your
Charge Card Account terms and to pay your Charge Card Account Balance. You irrevocably and
unconditionally relinquish possession and control over the Collateral, and you pledge and assign as
security to us all of your right, title, and interest in it. You must take any action we request to perfect or
protect our first lien position security interest in the Collateral. You waive the benefit of any exemptions on
If (1) you are in default of any obligation under this Agreement; or (2) your Charge Card Account is closed
for any reason, you authorize us to withdraw Collateral from the Secured Account and apply such
amounts to the Charge Card Account without sending you notice or demand for payment. We may do
this in addition to any other rights we have under the law or this Agreement. You are responsible for the
repayment of any Charge Card Account obligation that is not satisfied by the application of Collateral.
We may take up to sixty (60) days to return any excess Collateral to you.
S3. Legal Proceedings.
S3a. You represent that (a) there are no current lawsuits or bankruptcy proceedings that might affect
our interest in the Collateral; and (b) you have not and will not attempt to transfer any interest in
the Collateral to any other person or offer the Collateral as security for any other obligation.
S3b. If any other person seeks to attach the Collateral, for example by legal garnishment, you agree
that we may deem the balance of the Charge Card Account immediately payable and apply the
Collateral as payment of the obligations.
If we must hire an attorney to defend or enforce our security rights under this Agreement or to perform any legal
services in connection with our security rights under this Agreement, you will pay our reasonable attorneys’ fees
and court costs, unless the law does not allow us to collect these amounts.
IV. CHARGE CARD ACCOUNT TERMS
Definitions. All capitalized terms used in this Section IV (Charge Card Account Terms) and not otherwise defined
have the meanings set forth below.
IV1. “Charge Card Account” means your Charge Card Account as designated and maintained by the Bank
in relation to the credit provided under or in connection with this Agreement. Charge Card Account
includes the account to which any credit transaction or charge by you may be posted.
IV2. “Billing Cycle” means the time period between Statements and is used to manage your Charge Card
Account. Each Statement shows the closing date, which is the last day of the Billing Cycle.
IV3. “Card” means one or more cards or other access devices, including your Charge Card Account number
or virtual card, that we may issue to you to receive credit under this Agreement. This includes all renewals
IV4. “Cash Advance” means a loan in cash or cash equivalents, including, but not limited to, wire transfers,
travelers’ checks, money orders, and foreign currency.
IV5. “Fees” means charges imposed on your Charge Card Account, and as further outlined in the Fee
Schedule to this Agreement.
IV6. “Interest Charges” means any charges to your Secured Account base on the application of Annual
IV7. “Item” means a check, draft, money order, or other negotiable instrument you use to pay your Charge
Card Account. This includes any image of these instruments.
IV8. “Purchase” means the use of your Charge Card Account or Card to buy or lease goods or services. Tax
payments and any other associated fees are considered Purchases, but Cash Advances are not
IV9. “Statement” means the periodic statement we mail to you in connection with your Charge Card
Account. Your Statement will include all transactions billed to your Charge Card Account during a Billing
Cycle and information about payment owed to us.
Credit Limit. Your credit limit is equal to the balance in your Secured Account, up to the maximum credit limit set
forth in Exhibit 3 (Deposit and Credit Limit Schedule). You must keep your Charge Card Account balance below
this credit limit. We may honor transactions above your credit limit, but if we do, these transactions will not
increase your credit limit. You are responsible for paying for any transaction you make above your credit limit.
We may increase, decrease, restrict, or cancel your credit limit for any and all transaction types at any time,
without notice. This will not affect your obligation to pay us. Your available credit may not be restored for up to
ten (10) business days after we receive your payment.
Deposits of funds to your Secured Account will increase your credit limit, up to the maximum credit limit set forth
in Exhibit 3 (Deposit and Credit Limit Schedule), within seven (7) business days after the deposit is settled. At our
discretion, we may elect to increase your credit limit between the time a deposit is initiated to your Secured
Account and the time that the deposit settles. If we increase your credit limit prior to settlement, that does not
obligate us to do so again at any time in the future.
B. Using your Charge Card Account.
B1. We may decline to authorize a transaction for any reason. This may occur even if the transaction would
not cause you to go over your credit limit or your Charge Card Account is not in default.
B2. We will bill each transaction to the applicable transaction type of your Charge Card Account. We will
apply it against your available credit for that transaction type category.
B3. You must not use, or try to use, the Card for any illegal activity. You are responsible for any charges if you
B4. We are not liable for any losses that may result when our services are unavailable due to reasons
beyond our control.
B5. You may use the Card for Cash Advances and to make Purchases only for personal, family, or household
purposes from any person or establishment accepting the Card.
Rewards. Your Charge Card Account may provide you with the opportunity to earn rewards. If it does, we will
separately provide you with information and terms about the rewards. For questions regarding rewards, please
contact the Servicer Provider at (888) 512-1094.
Cash Advances. You may obtain Cash Advances as permitted for your Charge Card Account. You may not use
Cash Advances to pay any amount you owe us or Service Provider.
Using a PIN. We may give you a personal identification number (“PIN”). For security reasons, you may have to
provide the PIN before you are able to use your Card. Keep your PIN secure. Do not write it down, give it to anyone,
or keep it with your Card. If you lose your Card or believe the confidentiality of your PIN has been compromised
for any reason, you must contact us immediately at the number provided on the back of your Card.
Your Promise to Pay. By using your Card or your Charge Card Account, you promise to pay us for all transactions
made on your Charge Card Account, as well as any fees. If this is a joint Charge Card Account, each of you,
together and individually, are responsible for all amounts owed, even if only one of you uses the Charge Card
Statements. You agree to be a paperless Charge Card Account holder and accept all statements and other
communications, electronically. A Statement is the electronic billing statement that we will send you at the end
of each Billing Cycle, unless not required by law or the law prohibits us from doing so. Unless you make other
arrangements with us, your Statement will be delivered to you electronically, as further described in the Evolve
Bank & Trust Electronic Communication Consent. We will not send you a Statement if: (1) we deem your Charge
Card Account uncollectable; (2) delinquency collection proceedings have been instituted; or (3) for any other
reason permitted by applicable law. You may request a paper copy of your Statement by calling (888) 512-1094.
There may be a fee assessed for each requested paper copy of your Statement. Such fee (if any) is set forth in
the Fee Schedule. We will mail any requested paper Statement to you by regular mail to your address as it
appears in our records.
Disputed Transactions. You must inspect each Statement you receive and must immediately contact us about
any errors or questions you have, as described in Section IV.U (Your Billing Rights) of this Agreement and the
“Your Rights” section on your Statement. If you do not notify us of an error, we will assume that all information on
the Statement is correct. If we credit your Charge Card Account for all or part of a disputed transaction, you give
us all of your rights against others regarding that transaction and will also: (1) give us any information about the
disputed transaction, if we ask; (2) not pursue any claim or reimbursement of the transaction amount from the
merchant or any other person; and (3) help us get reimbursement from others.
Security and Lost or Stolen Card. You must take reasonable steps to prevent the unauthorized use of your Card
and/or Charge Card Account. For security reasons, you must, upon receipt of any physical Card, sign it in ink in
the space provided and comply with any card activation procedures as may be prescribed by the Bank. You
must notify us immediately and assist us in our investigation if your Card is lost or stolen or you believe someone
is using your Charge Card Account or Card without your permission. You will not be responsible for transactions
on your Charge Card Account that we find are unauthorized. If we reimburse you for unauthorized transactions,
you will help us investigate, pursue, and get reimbursement from the wrongdoer. Your help includes giving us
documents in a form that we request. You should contact us by calling us at (888) 512-1094.
Fees. We will generally treat fees as Purchase transactions unless otherwise specified below. We may increase
your fees pursuant to Section VI.D (Changes in Terms) of this Agreement. A list of fees applicable to your Charge
Card Account may be found in the Fee Schedule of this Agreement.
Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the card network
provider will convert it into a U.S. dollar amount. The card network provider will use its own currency conversion
procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the
transaction date that appears on your Statement. We do not adjust the currency exchange rate. We may charge
a currency conversion fee as set forth in the Fee Schedule.
Account Balance. At any point the outstanding balance on your Charge Card Account is the amount that you
have spent on your Charge Card Account that has not yet been paid off (“Account Balance”). To calculate your
Account Balance, we add the transactions on your Charge Card Account in the Billing Cycle to any outstanding
balance from a previous Billing Cycle, and subtract any payments or credits received during the Billing Cycle.
You may pay down the Account Balance at any time during a Billing Cycle.
Your Payment Due Each Billing Cycle. Payments are due on the payment due date shown on your Statement. In
order for your payment not to be treated as late, we must receive your payment by the “Please Pay By Date”
shown on your Statement. The Statement also explains when the payment must reach us in order to be
considered received as of that date. Payments received after the required time will be credited on the next
business day. We will transfer funds from your Secured Account to your Charge Card Account in the amount of
the Account Balance, without sending you notice or demand for payment, if we do not receive your payment in
full for the Account Balance prior to the payment due date.
Making Payments. Your payment must be made in U.S. dollars from a U.S. deposit account in a form acceptable
to us. We do not accept cash payments. You may not make payments with funds from your Charge Card
Account or any other credit account with us or any other company in the Bank organization. You must send
payments to us as instructed on your Statement, unless we tell you otherwise. If you send payment to an address
other than the payment address shown on your Statement, there may be a delay in crediting the payment to
your Charge Card Account. We can accept late payments, partial payments or payments marked “payment in
full,” or any other restrictive endorsement, without losing any of our rights under this Agreement. We may refuse
to accept payments made to your Charge Card Account by someone else on your behalf. If we do accept it, you
will be responsible for the payment and any cost if a financial institution rejects it.
Payment may be made through intrabank transfer from your Secured Account, by ACH, or by telephone, all per
the instructions provided on your Statement or the Service Provider Platform. We will describe the terms for using
these services and any applicable fee before you use them. We are not responsible if your financial institution
rejects a payment made using our payment services.
Payment Processing. We may accept and process payments without losing any of our rights. We may delay the
availability of credit until we confirm that your payment has cleared. This may happen even if we credit your
payment to your Charge Card Account. We may resubmit and collect returned payments electronically. If
necessary, we may adjust your Charge Card Account to correct errors, process returned and reversed
payments, and handle similar issues.
To the extent we accept payment by mailed Item, you authorize us to make a one-time electronic fund transfer
from your deposit account. You also authorize us to process the payment as an Item. We may withdraw the
funds from your deposit account as early as the same day we receive your payment. You will not receive your
Item back from your bank. We may use the information from an Item to create an electronic image. We may
collect and return the image electronically. This electronic image may also be converted to a substitute check
and may be processed in the same way we would process an Item. We will not be responsible if an Item you
provide has physical features that when imaged result in it not being processed as you intended. We may
provide additional information about this process on your Statement where we accept payment by mailed
Credit Balances. We may reject and/or transfer to your Secured Account any credit balance resulting from a
payment in excess of the amount owed on your Charge Card Account. Any credit balance we allow will not be
transferred to and made available in your Secured Account until we confirm that your payment has cleared. We
may without notice restrict your ability to make payments that result in a credit balance in our sole and absolute
discretion. Prior to transferring any credit balance to your Secured Account, we may reduce the amount of any
credit balance by any new charges. You may write to the address provided on your Statement or call the
number on the back of your Card to request a refund of any available credit balance.
Account Default. You will be in default if:
If you are in default, we may take certain actions with respect to your Charge Card Account. For example,
depending on the default, we may take the following actions, without notifying you, unless the law says that we
must give you notice:
No Authorized Users. We will not issue an additional Charge Card to allow any other person to access the
Charge Card Account. You understand that only you are permitted to use the Charge Card or Charge Card
Account. If, however, any person you authorize initiates a transaction using the Charge Card or Charge Card
Account or if such person incurs a Fee in connection with the Charge Card or Charge Card Account, you are
responsible and liable for the transaction and any Fees incurred. If you permit another person to have access to
the Charge Card or Charge Card Account, this will be treated as if you authorized such use and you will be liable
for all transactions and Fees incurred by those persons. You are wholly responsible for the use of each Charge
Card according to the terms and conditions of this Agreement.
S. Your Billing Rights – Keep For Future Use.
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find a Mistake on Your Statement: If you think there is an error on your statement, write to us
100 Redwood Shores Parkway, Suite 100
Redwood City, CA 94065
In your letter, give us the following information: (1) account Information: your name and Charge Card Account
number; (2) dollar amount: the dollar amount of the suspected error; and (3) description of the problem: if you
think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You
must contact us within sixty (60) days after the error appeared on your statement, and at least three (3)
business days before an automated payment is scheduled, if you want to stop payment on the amount you
think is wrong.
You may notify us of any potential errors in writing. You may still be required to pay the amount(s) in question if
the Bank determines the transaction is not an error. If you believe fraud has occurred on your Charge Card
Account, please call us as soon as possible at (888) 512-1094.
What Will Happen After We Receive Your Letter: When we receive your letter, within thirty (30) days of receiving
your letter, we will tell you that we received your letter. We will also tell you if we have already corrected the error.
While we investigate whether or not there has been an error, the following are true: (1) we cannot try to collect
the amount in question or report you as delinquent on that amount; (2) the charge in question may remain on
your statement; (3) while you do not have to pay the amount in question until we send you a notice about the
outcome of our investigation, you are responsible for the remainder of your balance; and (4) we can apply any
unpaid amount against your credit limit. Within ninety (90) days of receipt of your letter, we will send you a
written notice explaining either that we corrected the error (to appear on your next Statement) or the reasons we
believe the bill is correct. If we determine that we made a mistake, you will not have to pay the amount in
question or any fees related to that amount. If we do not believe there was a mistake, you will have to pay the
amount in question, along with applicable fees. We will send you a Statement of the amount you owe and the
date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within ten (10) days telling us
that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are
questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must
let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question, even if
your bill is correct.
Your Rights If You Are Dissatisfied With Your Card Purchase: If you are dissatisfied with the goods or services
that you have purchased with your Card and you have tried in good faith to correct the problem with the
merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of
the following must be true: (1) The purchase must have been made in your home state or within 100 miles of your
current mailing address, and the purchase price must have been more than $50 (Note: Neither of these are
necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that
sold you the goods or services); (2) you must have used your Card for the purchase (Purchases made with cash
advances from an ATM or with a check that accesses your credit card account do not qualify); and (3) you must
not yet have fully paid for the purchase.
100 Redwood Shores Parkway, Suite 100
Redwood City, CA 94065
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our
investigation, we will tell you our decision. At that point, if we think you owe us an amount and you do not pay, we
may report you as delinquent.
T. State Notices.
V. LEGAL PROCESSES, DISPUTE RIGHTS, AND ARBITRATION AGREEMENT
Legal Processes and Claims Against you or your Secured Account or Charge Card Account. If we receive a levy,
attachment, execution, garnishment, tax withholding order, restraining order, subpoena, warrant, injunction,
government agency request for information, search warrant, forfeiture, or other similar order (“Legal Process”)
against you, any party to your Secured Account or Charge Card Account, or against your Secured Account or
Charge Card Account, we may accept and comply with such Legal Process whether it was served to us in
person, by mail, by facsimile, by email, or at one of our locations (other than where your Secured Account or
Charge Card Account, property, or records are held). You direct us not to contest the Legal Process; provided,
however, we are under no obligation to contest any Legal Process. Subject to any law or government authority
prohibiting such disclosure, we may, but are not required to, send notice to you of the Legal Process. We may
refuse to permit withdrawals or transfers from your Secured Account, or purchases or other transfers from your
Charge Card Account, until the Legal Process is dismissed or satisfied. We may hold and turn over funds or other
property to the court or creditor as directed by the Legal Process, subject to our right of set-off and security
interest in the funds or other property. You are responsible for any losses, costs, or expenses we incur as a result
of any Legal Process involving you, any party to your Secured Account or Charge Card Account, or your Secured
Account or your Charge Card Account.
If we receive a claim against the funds in your Secured Account or Charge Card Account, or if we know of or
believe that there is a dispute as to the ownership or control of funds in your Secured Account or Charge Card
Account, we may, in our discretion: (1) place a hold on your Secured Account or Charge Card Account and refuse
to process any transactions or deposits until we are satisfied that the dispute is settled; (2) close your Secured
Account and Charge Card Account and send any balance(s) to the named account holder(s); (3) require a
court order to act; or (4) take any other action we feel is necessary to protect us. We will not be liable to you for
taking any such action.
We may charge your Secured Account or Charge Card Account a fee for each Legal Process or claim involving
you, any party to your Secured Account or Charge Card Account, or your Secured Account or Charge Card
Account. You agree to pay us for fees and expenses (including administrative expenses) that we incur in
responding to any Legal Process or claim related to your Secured Account or Charge Card Account, such as
expenses for research and copying of documents. The fees and expenses may include attorneys’ fees. We may
deduct these fees and expenses from your Secured Account or Charge Card Account, or any account you have
with us, without prior notice to you.
We may produce or provide access to property, including documents, that are located in or at any of our
locations or facilities or at any facility of a third party holding such property or documentation on our behalf,
even if the facility or location is not subject to being searched per the Legal Process.
We have no liability to you if we accept and comply with a Legal Process as provided in this section or by law.
THIS ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL DISPUTES BETWEEN YOU AND US ARE
RESOLVED. PLEASE READ THIS SECTION V.B (ARBITRATION AND WAIVERS) CAREFULLY. For a dispute subject to
arbitration, neither you nor we will have the right to: (A) have a court or a jury decide the dispute; (B) engage in
information gathering (discovery) to the same extent as in court; (C) participate in a class action in court or in
class arbitration; or (D) join or consolidate a claim with claims of any other persons. Arbitration procedures are
simpler and more limited than rules applicable in court.
VI. MISCELLANEOUS TERMS APPLICABLE TO THE SECURED CARD ACCOUNT AND CHARGE CARD ACCOUNT
Ordinary Care; No Fiduciary Obligation. You agree that any act or omission made by us in reliance upon or in
accordance with any provision of the Uniform Commercial Code as adopted in the State of Tennessee, or any
rule or regulation of the State of Tennessee or a federal agency having jurisdiction over the Bank, shall constitute
ordinary care. Unless otherwise specified or required by law, we do not assume any fiduciary obligation on your
behalf. Unless required by law, this means that we do not act as your trustee or financial advisor, and we do not
assume any responsibility for your Secured Account or Charge Card Account beyond reasonable care.
Governing Law, Forum, and Time Limits. All Secured Accounts and Charge Card Accounts are opened at the
Tennessee branch office of the Bank and all Secured Accounts and Charge Card Accounts and all property in
such accounts are subject to Tennessee law. All actions relating to your Secured Account or Charge Card
Account, including this Agreement, will be governed by the laws and regulations of the United States and the
State of Tennessee (to the extent that laws of the State of Tennessee are not preempted by federal law). Federal
law and the laws of the State of Tennessee shall be applied without giving effect to principles of conflicts of law.
To the extent any dispute arising under this Agreement or relating in any way to your Secured Account or Charge
Card Account or your relationship with us is not arbitrated, you consent to the jurisdiction of, and agree that such
dispute will be resolved by, the federal or state court located in Shelby County, Tennessee.
Subject to applicable law, you must file any lawsuit (to the extent permitted by this Agreement) or arbitration
against us within one (1) year after the claim arises, unless federal law or the laws of the State of Tennessee or an
applicable agreement requires a longer time. This limit is in addition to limits on notice as a condition to making
a claim. If applicable law does not permit contractual shortening of the time during which a lawsuit must be filed
to a period as short as one (1) year, you agree to the shortest permitted time under Tennessee law. Any action
against us must be brought within the period that the applicable law requires us to preserve records unless
applicable law or this agreement provides a shorter limitation period.
Reporting Information. We may report information about your Secured Account or Charge Card Account to
consumer reporting agencies, governmental agencies, and/or third-party data services. Defaults on your
Secured Account or Charge Card Account may be reflected in your consumer report. Late payments, missed
payments, or other defaults on your Charge Card Account may be reflected in your credit report. If you believe
that we have reported inaccurate information about your Secured Account or Charge Card Account to a credit
bureau or other consumer reporting agency, notify us in writing at FloatMe Disputes Department, c/o Bond
Financial Technologies, 584 Castro St #2155, San Francisco, CA 94114-2512. When you write, tell us the specific
information that you believe is incorrect and why you believe it is incorrect.
Changes in Terms. The terms and conditions of this Agreement, including any fees, and features of your Secured
Account or Charge Card Account may be amended or revised at any time by posting a revised version to the
Service Provider Platform or otherwise providing you with a copy of such revised version, and any such revisions
or changes shall be effective upon posting. We will give you advance notice if we are required by applicable law.
We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you
will be binding and sent to the last (postal or electronic) address in our records. We may change your address if
we receive an address change notice from the U.S. Postal Service or if a company in the business of providing
correct addresses informs us that the address in our records no longer matches your address. We may change
or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state
law or regulation. Subject to the terms of this Agreement, you may determine to cease use of or close your
Secured Account and Charge Card Account if you do not agree with any change or revision to this Agreement
prior to the effective date of such revision. Any continued use of your Secured Account and Charge Card
Account is presumed your acceptance of and agreement to be bound by revisions to this Agreement.
No Waiver of Rights. If we fail to exercise or waive a right with respect to your Secured Account or Charge Card
Account on one or more occasions, it does not mean we have waived, or are obligated to waive, the same right
on any other occasion. We may release any other person obligated under this Agreement without affecting your
responsibilities under this Agreement. In any event, no such waiver or delay by us is effective unless it is in writing
and approved by us.
Assignment. Your Secured Account and Charge Card Account are not transferable and are not assignable as
collateral for a loan or for any other purpose. The Bank may transfer or assign its rights under this Agreement,
including transferring or assigning your Secured Account or Charge Card Account without your consent and
without notice, unless required by applicable law.
Other Services and Conflicts. If you and Bank have entered into any other agreement related to additional bank
services offered in connection with your Secured Account or Charge Card Account (“Other Agreement”), this
Agreement and the Other Agreement shall be read together as if one agreement. If any term of such Other
Agreement conflicts with any term of this Agreement, this Agreement shall control. If any statement that is made
by one of our employees, our affiliates’ employees, or by Servicer or Servicer’s employees or affiliates conflicts
with this Agreement, the terms of this Agreement shall govern.
prohibits us from doing so. Please see our Privacy Notice for your choices about information sharing.
Severability. In the event that any court or tribunal of competent jurisdiction determines that any provision of
this Agreement is illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected thereby.
To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or
renders unenforceable any provision hereof, and to the extent that such waiver is not permitted by applicable
law, the parties intend that such provision be interpreted as modified to the minimum extent necessary to render
such provision enforceable.
J. Limitation of Liability, Disclaimer of Warranty, Indemnification, and Reimbursements.
Liability for Service Interruptions. From time to time, due to maintenance, malfunctions, or failures of software,
equipment, or telecommunications devices, as well as unusual transaction volume or similar reasons, access to
your Secured Account or Charge Card Account may not be available to you. Access to your Secured Account or
Charge Card Account may also be interrupted as a result of things beyond our reasonable control, computer
failures, loss of power, failure or interruption of communication or transportation facilities, riots, strikes, or civil
unrest. You agree that we shall not be responsible for any loss, damages, costs, or expenses that you may suffer
or incur, directly or indirectly, as a result of the unavailability of access to your Secured Account or Charge Card
Account, regardless of whether it could be shown that we could have prevented or reduced the duration of such
unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss,
damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to
access your Secured Account or Charge Card Account caused directly or indirectly, in whole or in part, by your
computer or mobile device, your inability to establish a connection to or to access the Internet, or other
limitations or constraints of the Internet. The provisions set forth in this section shall apply in addition to any other
provisions in this Agreement but, as applied to service interruptions for access to your Secured Account or
Charge Card Account, this section shall control.
Section Headings and Successors. The headings in this Agreement are only for convenience and do not in any
way limit or define your or our rights or obligations under this Agreement. This Agreement will be binding on your
personal representatives, executors, administrators, and successors.
Change of Address or any Application Information. You must notify us through the Service Provider Platform of
any change of address, email address, or phone number, or any material change to information you provided us
in your application to open a Secured Account or Charge Card Account. Any notice we provide to you will be
binding and sent to the last (postal or electronic) address in our records. We may change your address if we
receive an address change notice from the U.S. Postal Service or if a company in the business of providing
correct addresses informs us that the address in our records no longer matches your address.
Communications. You acknowledge that data, including emails, may be accessed by unauthorized third parties
when communicated between you and the Bank, using the Internet, telephone, or other electronic devices. We
are not responsible for any misdirected data or disclosures that occur as a result of your use of third-party
electronic communication channels.
Calls and Messages. You agree that we or our agents or Service Providers may contact you regarding any
matter for any non-telemarketing reason using any kind of telecommunications technology at any email and
telephone number you provide to us, including the phone number for your mobile device. You agree to receive
these calls and messages, including pre-recorded or auto-dialed calls. You also agree that we may send text
messages to any phone number for your mobile device you provide to us. You understand and accept that your
service provider may charge you for these calls and messages consistent with applicable law. For quality control
purposes and for other reasons, you permit us to record and monitor your telephone conversations and
electronic communications with us (including email). Unless the law requires otherwise, you consent in advance
to such recording and monitoring and we do not need to remind you of these activities at the time of the call or
communication. To revoke the consent provided pursuant to this subsection, you must send ten (10) days’ prior
written notice of such revocation to 110 E Houston St., 7th Floor, San Antonio, TX 78205.
Survival. Termination of this Agreement shall not impact any right or obligation arising prior to termination, and
in any event, the parties agree that any right or obligation which, by its nature, should survive termination of this
Agreement will survive any such termination (including, but not limited to, Sections V.B (Arbitration and Waivers)
and VI (Miscellaneous Terms Applicable to the Secured Card Account and Charge Card Account) of this
Fee Amount and
We charge this fee if you order
a replacement Card (physical
Limitations for New Accounts
Limitations for Your Account
$500.00 per day
$5,000.00 per month
$500.00 per day
$5,000.00 per month
Charge Card Account
Limitations for New Accounts
Limitations for Your Account
Maximum of 7 cash advances
The total of all cash advances
may not exceed $1,050.00 per
Maximum of 7 cash advances
The total of all cash advances
may not exceed $1,050.00 per
Minimum Initial Deposit to open Secured Account
Additional Requirements to open Secured Account
Establish payroll direct deposit
Minimum Balance for Secured Account
Maximum Balance permitted in Secured Account
Additional Requirements to maintain Secured
Maintain payroll direct deposit
Credit Limit on Secured Charge Card