This agreement establishes the terms of your online savings account with Barclays Bank Delaware, Wilmington, Delaware (“Barclays” or the “Bank”). Please read it carefully, download it and/or print it, and keep it with your records.
ACCEPTANCE OF THESE TERMS
"Account" or “Savings Account” mean the Online Savings account product you have opened with Barclays Bank Delaware.
"Agreement" or “Terms and Conditions” mean this document and any changes we make to this document, from time to time.
"Cut-Off Time" shall mean the time of day that transfers to be processed that day shall be processed, and after which time the earliest possible Payment Date or Withdraw On Date and Due Date or Deliver By Date shall be calculated from the next Business Day.
“Deposit Account” shall mean an Online Savings and/or Certificate of Deposit account you may have with us.
"Due Date" or "Deliver By Date" or "Delivery Date" shall mean the Business Day on which you schedule the transfer to be delivered to your Payee, unless this date falls on a non-Business Day in which case it shall be the immediately preceding or following Business Day as indicated in the Scheduled Payment instructions. In any case, it is the date you select to deliver payment to your Payee considering such factors as the Payee-specified date payment due, grace period, late payment policy or late fee, and/or your knowledge of actual time required for the Payee to receive and process the payment and to credit your Account with the Payee, and/or the urgency/criticality of payment delivery, as the case may be.
"EFT" shall mean electronic funds transfer, a service available on your Account, which is described in detail in this Agreement.
“Payee” shall mean a person or entity to whom funds are to be paid.
“Remote Deposit Capture” means a deposit transaction delivery system which allows the Bank to receive digital information from deposit documents captured at remote locations.
"You" and "your" shall mean the person or persons in whose name an Account is titled and any person(s) who are authorized users on the Account, as provided for in this Agreement.
"We," "us," "our," "Barclays," and “the Bank” shall mean Barclays Bank Delaware, our successors, affiliates, assignees and service providers.
Our normal business days are Monday through Friday. Saturday, Sunday, and federal bank holidays are not considered business days.
Changes to Address, Contact Information or Name
We will use the most recent contact information you have provided to us to communicate with you. You are responsible for notifying us of any change in your name, address, or other contact information (including telephone number and email address). Changes to your telephone number and email address can be communicated to us through our website at www.securebanking.barclaysus.com, via telephone at 888-710-8756, or by regular mail:
P.O. Box 70378
Philadelphia, PA 19176
If your name has changed, you must call us at 888-710-8756 for instructions on how to change the way your name appears on your Account. Informing us of your name change in any other manner is not sufficient.
IMPORTANT NOTE: If, in addition to your Account(s), you have another product or service with Barclays, you must follow separate procedures as specified in the documentation for those products and services to inform Barclays of changes to your name and/or contact information.
Communicating with You
As noted above, we will communicate with you using the most recent contact information you have provided to us. To the extent permitted by applicable law, and without limiting any other rights we may have, you consent to our communicating with you, in connection with this Agreement and/or your Account(s) using any phone number or email address that you provided in your application for this Account, or using any phone number or email address that you provide to us in the future. You authorize us to communicate with you using any current or future means of communication, including, but not limited to, automated telephone dialing equipment, artificial or pre-recorded voice messages, SMS text messages, email directed to you at a mobile telephone service, or email otherwise directed to you. WE MAY USE SUCH MEANS OF COMMUNICATION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, OR EMAILS.
Phone Calls/Electronic Communications
In the regular course of our business, for quality control and archival purposes, we may monitor and record phone conversations made or received by our employees or our agents. Similarly, we may monitor and record email or conversations on our website between you and our employees or agents. You agree that we have such right with respect to all phone conversations, email or conversations between you and our employees or agents, whether initiated by you or any of our employees or agents.
You are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use your Account online, and paying all charges related thereto. Please also refer to our Electronic Consent Agreement for a description of the technical requirements your computer must satisfy in order to receive electronic disclosures.
Opening Your Account
To help fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens an account. To maintain your Account(s) with us, we must have your current name, address, date of birth, Social Security Number (SSN) or Taxpayer Identification Number (TIN) and other information that will allow us to identify you. To open an account with us, you must be at least 18 years old, a U.S. citizen or a resident alien with a valid SSN or TIN, and have a residential address in the United States.
To ensure that we have the most accurate and up-to-date customer information, from time-to-time we will ask you to verify your account details. Access to your account may be restricted until you verify this information.
Consumer Reporting Agencies
By submitting an application to open your account, you authorize us to obtain information about you from time to time from consumer reporting agencies, from our subsidiaries and affiliates, and other third parties for the purpose of considering your account application or any other legitimate purpose. We may also report the status of or the closure of your account to consumer reporting agencies, our subsidiaries and affiliates, and other third parties.
Social Security Numbers (SSN) / Backup Withholding
Federal law requires us to have a correct SSN or TIN on every account, and the Internal Revenue Service (IRS) requires you to certify to us whether you are subject to backup withholding. If you are subject to backup withholding and you do not furnish us with the correct SSN, properly certify that you are not subject to backup withholding, or if the IRS notifies us that we do not have a correct SSN for your Account, we may be required to withhold a percentage of interest paid as provided in current IRS regulations (backup withholding) and we may close the Account. Amounts withheld are reported to the IRS as federal income tax withheld, and will be reflected on your year-end 1099-INT Interest Income Statement.
Ownership of Account
An “Individual Account” is an account in the name of one person.
A "Joint Account” is an Account in the name of two persons. Our Joint Accounts are considered “Joint Accounts with Right of Survivorship." For such Joint Accounts, each of you intends that when you die, the balance in the account will belong to the survivor.
An “Accounts for Minors with Right of Survivorship” is an Account in the name of one (1) minor (under age 18) and 1 adult. The minor is the primary Account owner. For such Accounts, each person intends when you die, the balance in the Account will belong to the survivor. If the survivor is the minor, an adult will need to be added to the Account before funds may be withdrawn, or the Account will be closed and the funds returned to a linked account, or by check. The minor may (i) make deposits; (ii) endorse and deposit checks payable to either owner; and (iii) access the Account online and view balance and other Account information. The minor may not make withdrawals, transfer the balance, or close the Account (except in the event of death of the adult), without the adult owner’s consent. The adult may: (i) withdraw or transfer the balance without the minor’s consent; (ii) make deposits, (iii) endorse and deposit checks payable to either the minor or the adult, and (iv) close the Account. The adult on this Account is agreeing to the terms and conditions and Account disclosures on behalf of the minor, and the obligations under this Agreement are joint and several. Upon the first Account login after the minor reaches the age of 18, the minor will be required to confirm acceptance of the Electronic Consent Agreement, the Account terms and conditions and other Account disclosures, and submit a W-9 form.
Other types of account ownership are not available from us at this time.
Payable on Death Accounts
Without having to establish a trust, you may, subject to applicable law, designate your Account to be payable on your death to one or more designated beneficiaries, known as "payable on death" or "POD" account. You may designate up to four beneficiaries. If you establish a POD account, the account belongs to you during your lifetime and your beneficiaries have no interest in or any access to the account until your death. Upon your death (or in the case of a joint account, on the death of the last-survivng joint account owner), all of the funds in the POD account will be owned by the beneficiary or beneficiaries. The proportion or percentage of the account owned by each beneficiary is designated by you at the time beneficiaries are designated and can be changed at any time until your death (or in the case of a joint account, until the death of the last-surviving joint account owner). The funds in your POD account are not governed by your will or inherited by your heirs. If there is more than one beneficiary, in our sole discretion and subject to our right to set-off and security interest, we may pay the funds in a POD account in the proportions designated by you to the account's living beneficiaries. We have no obligation to notify any beneficiary of the existence of a payable on death account or the vesting of an interest in such account. Certain state law restrictions may apply to payable on death accounts. You are solely responsible for complying with applicable state and/or federal law in establishing a payable on death account. We make no representation that designating your Account as a payable on death account is advisable. You should consult an attorney or other qualified estate planning professional before designating your Account as a payable on death account. When establishing a beneficiary you will be required to provide us with the Social Security Number (SSN) of such beneficiary. Spousal consent is required in community property states (AZ, CA, ID, LA, NV, NM, TX, WA and WI) if a spouse is not named as the sole primary beneficiary. In the event of death where no designated beneficiary(s) is established, a check will be issued to the estate of the accountholder and mailed to the designated executor, upon receipt of required legal documentation. For the avoidance of doubt, each POD account you establish will be treated separately from any and all others under this clause.
You can assign a percentage to each of your beneficiaries or distribute evenly. Please note that 1/10 of 1% will be added to the first beneficiary listed when there are 3 beneficiaries on the account.
In the event that the percentage payable to each beneficiary does not equal but is below 100%, we will pay each beneficiary the proportion designated by you with the remaining amount issued to your estate. For example: If you designate Beneficiary A to receive 50% of the total account balance and Beneficiary B to receive 45% of the total account balance we will distribute as follows:
In the event that the percentage payable to teach beneficiary does not equal, but is above 100%, we will pay each beneficiary their proportion of the total designated by you to all living beneficiaries. For example: If you designate Beneficiary A to receive 50% of the total account balance and Beneficiary B to receive 60% of the total account balance we will determine the distribution as follows:
In the event that any of your designated beneficiaries are not living at th etime of your death, we will pay each beneficiary their proportion of the total designated by you to all living beneficiaries. For example: If you designate Beneficiary A to receive 25% of the total account balance, Beneficiary B to receive 35% of the total account balance, and Beneficiary C to receive 40% of the total account balance, but Beneficiary B is not living at the time of your death, we will determine the distribution as follows:
We enourage you to ensure that your beneficiary proportion designations sume to 100% and to keep your beneficiary list up to date.
Transferring Account Ownership
Accounts are not negotiable and not transferable, except on our books. We are not required to accept any assignment of an Account. We may require that changes of ownership of an Account be made by closing the Account and opening a new account in the name of the new owner of the account. No pledging of an Account as security is valid without our approval, and any such pledge is subject to our right of set-off and security interests.
Claims Against or Disputed Ownership of an Account
If we receive any conflicting claims to funds in your Account and we cannot determine the rights of the claimant to any such funds, or if we know of or believe that there is a dispute over the ownership or control of funds in your Account, we may, in our sole discretion: (a) place a hold on your Account; (b) refuse to pay out any funds in the Account until we are satisfied that the dispute is settled; (c) close the Account and send the balance to the Accountholder(s) we have on record; (d) decide to rely on our current Account records; (e) require a court order to act; or (f) take any other action that we determine will protect us. We will not be liable to you for taking any such action.
Right to Set-Off
By opening an Account with us, you agree that we have the right to set off with respect to your Account(s). If you owe us or any of our affiliates money and that money is due, you agree that we may withhold or withdraw from your Account any amounts you owe to us or any of our affiliates unless prohibited by applicable law. We may exercise our rights of set-off without recourse to other collateral, if any, and even if our action causes you to lose interest, incur an early withdrawal penalty or any other consequence. If we exercise our right of set-off, we will notify you to the extent required by applicable law. Except to the extent prohibited by applicable law, we may set off all of the funds in a joint account to pay money owed to us by any owner of the joint account, irrespective of who contributed funds to the joint account. Our failure to demand payment does not waive our rights hereunder. Please also see the “Insufficient Funds” information in the "Withdrawals" section of this Agreement.
Attorney in Fact/Fiduciary or Agency Account
Any individual acting as attorney-in-fact, agent, guardian, personal representative, trustee, custodian or fiduciary (collectively, an "agent") must be designated as such on our records; otherwise, we will not honor the account instructions of that individual regarding your Account. By requesting that an individual be designated as your agent on our records, you authorize us to honor account instructions of your agent regarding your Account until we receive actual notice that the agency or fiduciary relationship has been terminated or actual notice of death or incompetency. No such notice is effective until we have had a reasonable opportunity to act on it. We will not be liable to you in any way if your agent misapplies any of the funds from your Account. We have the right to review and retain a copy of any power of attorney, agency agreement, trust agreement, court order or other document that has established the agency or other fiduciary relationship.
You may choose to make deposits into your Account at any time. Please visit www.securebanking.barclaysus.com to make deposits. Deposits may only be made by electronic fund transfer (EFT), including automated clearing house transactions (ACH), by Remote Deposit Capture or by check mailed to us at: Barclays, P.O. Box 4538, Carol Stream, IL 60197. All deposits must be made in U.S. dollars. We do not accept cash, money orders, or wires for deposit.
With respect to check funding, we will not accept certain types of checks, such as third party and starter checks. We may elect to process your check through an electronic check conversion. This means that, if you send us a deposit by check, you authorize us either to use information from your check to make a one-time EFT from your Account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your Account as soon as the same day you make your payment, and you will not receive your check back from your financial institution.
Deposits made by ACH are subject to the rules of the National Automated Clearing House Association (NACHA) and any regional clearing houses we may use from time to time (collectively, the ACH Rules). Before final settlement of any deposit, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item. We reserve the right to refuse, return or limit any deposit you make to your account. See the Funds Availability Schedule section of this Agreement for information about when you can withdraw funds you deposit.
Funds in deposit accounts with us are insured by the Federal Deposit Insurance Corporation (FDIC) and backed by the full faith and credit of the United States, up to the applicable limits. The amount of insurance coverage you have may depend on the number of deposit accounts you have with us, the balances in those accounts, and the ownership of those accounts. If you want additional information, visit the FDIC’s website at www.fdic.gov or www.myfdicinsurance.gov.
Minimum Deposit & Minimum Balance Requirements
There is no minimum deposit required to open an Account. However, if you maintain a balance of less than $1.00 in your Account for a period of 180 days or more, we reserve the right to close the Account. For interest to be posted to your Account you must maintain a minimum balance that would earn you at least $0.01 within the statement cycle.
Maximum Combined Balance(s)
If at any time you make or attempt to make a deposit into your Account which would cause your aggregate balance in all deposit accounts with us, including balances in jointly owned accounts, to exceed $20,000,000, we may refuse to accept the deposit or accept the deposit and then return the funds to you. If we do so, we will provide notice to you at that time.
When you establish an Account with us, you will be given the opportunity to link your Account to an account you have with another financial institution. We will call that other account a “linked” or “external” account. You may set up a linked account online when you establish your Account with us, or anytime during the life of your Account. Any such linked account must be with a financial institution chartered in the U.S. and you must be listed as an account holder on the account. You may link your Account with up to three external accounts. We complete a verification process any time a new external account is added and you may be asked to submit additional documentation to complete the verification process.
Account Opening – Initial Hold
In order to ensure that we have properly verified your identity and the identities of others associated with your Account as required by federal law, we will place a temporary hold on your deposits until we have completed our verification procedures. Please refer to the Funds Availability Schedule for additional details.
Check Endorsement Instructions or Restrictions
Because of our automated processing of a large volume of checks, we may not inspect or look for special instructions or "restrictive endorsements" on every check. For this reason, we are not able to honor any special instructions or be bound by a restrictive endorsement placed on checks. Further, we are not responsible for any losses, claims, damages or expenses that result from your expectation that we will honor these restrictions.
FUNDS AVAILABILITY SCHEDULE
Your Ability to Withdraw Funds
Funds you deposit in your Account will become available to you in accordance with the timeframes set forth in this section. Between the time that you deposit the funds and when the funds become available to you, you may not withdraw the funds and we will not use the funds to pay withdrawals or debits that you have authorized or made from your Account. All funds electronically deposited after 3:00 p.m. ET via Remote Deposit Capture will be considered received on the next business day and will be subject to standard hold times from such date of receipt.
Determining the Availability of a Deposit
The length of the delay in funds being available to you is counted in business days from the day of your deposit.
New Account Deposit Holds; Verification
For all deposits made by check or electronically during the first 30 days after Account opening, funds will be held for five (5) business days from the day on which we credit your Account for that deposit. For new external linked accounts, in order to transfer funds from such accounts, you must first verify the receipt of two test deposits, which will then immediately be withdrawn from your external account. The test deposits will be transferred to your external account within approximately 2 to 3 business days of Account opening. Additional details and instructions regarding the verification process and the actions you must take to verify receipt will be provided to you electronically after Account opening.
For all deposits made by check or electronically (collection orders), funds will be held for five (5) business days from the effective date for those funds, which is the day that we credit your Account for that deposit. Funds on hold will earn interest.
For all accounts, ACH credits and funds transferred from another of your Accounts at Barclays will be available immediately.
To the extent permitted by law, we reserve the right to extend any of the timeframes set forth in the Funds Availability Schedule for certain reasons, including, but not limited to, suspected fraud. In addition, funds in an Account being closed may be subject to a brief temporary hold in order to allow outstanding transactions to clear and for any necessary processing procedures to be performed.
Notwithstanding timeframes provided elsewhere in this section, the availability of funds that you deposit by check may be delayed for a longer period under the following circumstances:
All deposits accepted from you are subject to verification. Your Account will be credited for the amount shown on your Account statement. Adjustments for errors in addition or subtraction may be posted to your Account. Your Account may also be adjusted for items you have deposited that we determine require special handling (e.g., verification of prior endorsements).
You may withdraw or transfer all or any part of the available Account balance at any time, subject to the Funds Availability Schedule of this Agreement, the transaction limitations established under the Truth-in-Savings Disclosures and Fees section of this Agreement, our right of set-off and security interests, and any holds that may be placed on funds in the Account. If this is a Joint Account, each of you (until we receive written notice to the contrary) authorizes each other Accountholder to endorse any item payable to you or your order for deposit to this Account or any other transaction.
Withdrawal or Transfer Requests
You can request a withdrawal or transfer from your Account by using our website at www.securebanking.barclaysus.com. A request for a withdrawal or transfer is considered to be received on the same business day if it is received by 10:00 p.m. ET on that day. Requests received by us after 10:00 p.m. ET or on a day that is not a business day will be processed the next business day.
Notice of Withdrawal
We reserve the right to require at least seven (7) calendar days advance written notice of any withdrawals of funds by any means from your Account.
You may not make withdrawals in excess of the funds available in your Account, which includes the Account balance less any holds applicable to funds deposited into your Account. We will not be liable for dishonoring any withdrawals that would exceed the available funds in your Account. Please refer to the Funds Availability Schedule of this Agreement for additional details.
If we receive a withdrawal, transfer, electronic transaction, or other item drawn on your Account, and there are insufficient funds in your Account to pay the item, we will return the item unpaid and you may be charged a Non-Sufficient Funds (NSF) fee. We will process withdrawals, transfers or related requests received on the same day in the order we choose. You understand that we have no obligation to minimize the NSF fees charged as a result of having insufficient funds in the Account, and that the processing order we select may result in your incurring more fees than you would if we were to process the withdrawals, transfers or related requests in a different order.
If we honor a nonconforming request for withdrawal or transfer once, we are not required to do so again. We may treat continued abuse of any stated limitation in this Agreement as the basis for closing your account or we may at our option charge you a fee. The fact that we may choose in our sole discretion to honor a withdrawal request that overdraws the available Account balance once does not obligate us to do so again.
Payment Processing Restrictions on Internet Gambling Fund Transfers
The Federal Reserve enacted regulations that require U.S. financial firms that participate in designated payment systems to establish and implement policies and procedures reasonably designed to prevent payments connected to unlawful Internet Gambling. In light of the regulations, please be informed that restricted transactions (as defined in Federal Reserve Regulation GG / 12 CFR Part 233) are prohibited from being processed directly or indirectly through any account or relationship maintained with us. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks or drafts are knowingly accepted by gambling businesses in connection with unlawful internet gambling.
TRUTH-IN-SAVINGS DISCLOSURES AND FEES
Minimum Balance to Open a Savings Account. There is no minimum deposit required to open your Account.
Rate Information. The current interest rate and Annual Percentage Yield (APY) on your Account will be disclosed on our website www.securebanking.barclaysus.com and on your periodic statement.
The interest rate and APY are established at our discretion and, as permitted by law, are variable and subject to change at any time without notice to you. Our APY rates assume that interest earned in your Account remains on deposit for one year. A withdrawal from your Account will reduce earnings.
Compounding Frequency. The interest rate on your Account will be compounded daily according to the Actual/365 (31/365) method.
Crediting Frequency. Interest will be credited to your Account on the monthly cycle date.
Daily Balance Computation Method. Interest earned is calculated on the ledger balance using the rate applicable on that day.
Accrual of Interest on Deposits. Interest in your Account will begin to accrue on the business day the deposit is received. If a deposit is received before 10:00 PM ET on a business day we are open, we will consider that day to be the day of your deposit. If your deposit is received after 10:00 PM ET or on a day we are not open, we will consider that the deposit was received on the next business day we are open. For interest to be posted to your Account you must maintain a minimum balance that would earn you at least $0.01 within the statement cycle.
Effect of Closing an Account. If you or we close your Account before interest is credited, you will receive the accrued interest.
Transaction Limitations. ACH withdrawals are subject to NACHA, ACH and other applicable rules. There is no limit (subject to the funds withdrawal and deposit maximum in this Agreement) to the number of transfers and withdrawals, or a combination thereof, to another account of yours with us, or directly to us, or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, or by draft, or similar order made by the depositor and payable to third parties. A preauthorized transfer includes any arrangement with us to pay funds from your Account to a linked account or a third party at (a) a predetermined time; (b) on a fixed schedule; or (c) upon oral or written orders received through the initiating person or by mail. You may also authorize other persons or another financial institution to initiate preauthorized transfers from your Account on your behalf. If, however, your account falls below the agreed minimum balance set forth above, we reserve the right to close your Account at our discretion. We may refuse any withdrawal request that you attempt on forms not approved by us or by any method we do not specifically permit. Further, we may refuse any withdrawal request for any amount that exceeds your available balance on your account. See the "Funds Availability Schedule" section for information about when you can withdraw funds you deposit. The maximum amount of any withdrawal or deposit made via EFT or ACH is limited to $250,000 per transaction. We may change the amount of these limits at any time.
Fees. The fees set forth below will be charged, as applicable, to your Account unless prohibited by applicable law. You agree that these fees may be deducted from the amount in your Account. We will not be liable for the dishonor of any transaction resulting from deduction of fees from your Account. We may change the amounts of our fees and charges from time to time. If we make a change, we will notify you.
*Requests for an ACH Stop that are not made at least three business days prior to the scheduled date of transfer cannot be guaranteed.
ELECTRONIC FUNDS TRANSFER SERVICE
We may provide you with electronic fund transfer (EFT) services, including direct deposits into your Account, preauthorized transfers from your Account and telephone and on-line transfers.
Availability of Funds
You agree that the amount of any EFT from your Account will not exceed the available funds in your Account(s). If we are unable to complete an EFT or perform any other EFT service for any reason associated with your Account, the EFT or other service may not be completed and we will not notify you unless required by applicable law.
Stopping Preauthorized Transfers
Right and Procedure to Stop Preauthorized Transfers. If you have told us in advance to make regular transfers from your Account, you can stop any of these transfers by calling us at 888-710-8756 during our service hours 3 business days or more before the transfer is scheduled to be made, or writing to us at Barclays, P.O. Box 70378, Philadelphia, PA 19176 (or such other address as we may provide to you from time to time). If you call, you must tell us the exact dollar amount of the transfer. We may also require that you put your request in writing and get it to us within 14 calendar days after you call. If you order us to stop one of these transfers 3 business days or more before the transfer is scheduled and we do not do so, we will be liable to you for your losses or damages.
Refusal to Pay a Preauthorized Transfer. If we refuse to make a preauthorized transfer because your Account has insufficient funds to cover such transfer, we will mail or deliver to you, on or before the next business day, notice of our refusal to pay the transfer.
Preauthorized Credits (Direct Deposits)
If you have arranged to have direct deposits made to your Account at least once every 60 calendar days from the same person or company, the person or company making the deposit will tell you every time they send us the money. You may also log into your Account at www.securebanking.barclaysus.com or call us at 888-710-8756 to find out whether or not the deposit has been made.
Periodic Statements. Statements for your Account(s) are generated on a monthly basis in electronic format and will be made available at no charge. You may view your statement by accessing your Account at www.securebanking.barclaysus.com. You also may choose to have a paper statement mailed to you, however, there may be a fee for paper statements as set forth in the “Truth-In-Savings Disclosures and Fees” section of this Agreement.
Your Liability for Unauthorized Transfers
During Account set-up, you were invited to create a username and password to protect your Account from unauthorized access. You are responsible for maintaining the confidentiality and security of your username and password. Tell us IMMEDIATELY if you believe any approved Account access information or device, including your internet password, has been lost or stolen, or if you believe an EFT has been made without your permission or that someone has transferred or may transfer money from your Account without authorization. If you tell us within two (2) business days, your liability will be limited to $50 if someone accesses your Account without your authorization. If you do NOT tell us within two (2) business days after you learn that your Account has been accessed without your authorization and we can prove that the unauthorized EFTs could have been prevented if you had notified us, you could lose as much as $500. Also, if your statement shows EFTs that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) calendar days after the statement is made available to you, you may not get back any funds you lost after the sixty (60) calendar days. If you believe your statement shows EFTs that you did not make or authorize, or if you believe an EFT has been made without your permission, call 888-710-8756. If you grant authority to make transfers to an authorized user who exceeds the authority granted, you will be liable for all transfers made by that person including transfers for which you may not have intended to be liable, until you notify us that transfers by that person are no longer authorized. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend these time periods.
Your Liability for Incorrect Payment Information
If you give us a payment order that identifies a beneficiary (the person to whom you are sending funds) by name and account number or some other identifying number (such as a Social Security, Taxpayer I.D. or driver’s license number), we may pay the beneficiary on the basis of the number provided to us by you and consider that number to be proper identification. This will be true even if the number you provided to us identifies a person different from the named beneficiary, unless otherwise provided by law or regulation. If you give us a payment order that identified the beneficiary’s financial institution in the funds transfer by name and Routing and Transit or other identifying number, we, as well as the receiving financial institution, may rely on the number provided to us by you as the proper identification. This will be true even if the number provided identifies a financial institution that is different from the named financial institution, unless otherwise provided by law or regulation.
Our Liability for Failure to Transfer
If we do not complete a transaction to or from your Account on time or in the correct amount according to our agreement with you, we may be responsible for losses or damages. However, we will not be liable if:
Disclosure of Account Information to Third Parties
In Case of Errors or Questions About Your EFTs
If you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt, contact us immediately at 888-710-8756, or write to us as soon as possible at Barclays, P.O. Box 70378, Philadelphia, PA 19176 (or such other address as we may provide to you from time to time). We must hear from you no later than 60 calendar days after we FIRST made the statement available to you on which the problem or error appeared.
We will try to determine whether an error occurred within 10 business days after we hear from you. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question following the date you notified us. If we decide to do this, we will provisionally credit your Account within 10 business days following the date you notified us 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 10 business days of the request, we may not provisionally credit your account.
For errors involving new Accounts, we may take up to 90 calendar days to investigate your complaint or question. Also, for new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error if the error involves an EFT to or from your Account. For purposes of this paragraph, your Account is considered a “new Account” for the first 30 calendar days after the first deposit is made.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may, at no cost, examine and inspect all documents that we used in our investigation. You may also, for a reasonable fee to cover our related photocopying costs, ask for copies of the documents that we used in our investigation. If your alleged error concerns a transfer to or from a third party (for example, a Social Security payment), our investigation may be limited to a review of our own records. If we decide that there was no error, you may want to contact such third party to pursue the matter further.
Types of Available EFTs
On-line Transfers. You may request fund transfers on-line between your Account and another account of yours (at another depository institution or maintained with us) that you have linked to your account.
Preauthorized Payments. Subject to the transaction limitations disclosed in this Agreement, you may arrange to have preauthorized payments made from your Account.
Preauthorized Credits (Direct Deposits). You may arrange to have direct deposits made to your Account.
Other EFTs. You may perform other transactions if and as we expand the types of available EFTs in the future.
Limits on the Type and Frequency of EFTs
For security reasons, there may be limitations on the number and dollar amounts of EFTs that you may perform. Please also see the Truth-in-Savings Disclosure and Fees section of this Agreement for applicable limitations.
We reserve the right to terminate your use of our EFT services for any reason and at any time without notifying you. You also have the right to terminate your use of the EFT services described in this Agreement at any time by calling us at 888-710-8756 at any time during our normal business hours, or writing to us at Barclays, P.O. Box 70378, Philadelphia, PA 19176 (or such other address as we may provide to you from time to time). If you call, we may require you to put your request in writing and get it to us within 10 calendar days after you call. If you terminate your use of our EFT services and you have arranged for preauthorized transfers involving third parties, you are required to inform any third parties that the transfers will cease. Any termination of your use of our EFT services, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement that have arisen before the effective date of such termination.
UCC ARTICLE 4A DISCLOSURE
(DISCLOSURES REGARDING ELECTRONIC “WHOLESALE CREDIT” TRANSACTIONS SUBJECT TO UNIFORM COMMERCIAL CODE ARTICLE 4A) Provisional Payment – Generally not applicable, but in the event it would apply, credit given by Us to You with respect to an Automated Clearing House (ACH) entry is provisional until We receive final settlement for such entry through a Federal Reserve Bank. If We do not receive such final settlement, You are hereby notified and agree that We are entitled to a refund of the amount credited to You in connection with such entry, and the party making payment to You via such entry (i.e. the originator of the entry) shall not be deemed to have paid You in the amount of such entry. Notice of Receipt of Entry - Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH Transactions involving Your account, We are not required to give next day notice to You of receipt of an ACH item, and We will not do so. However, We will continue to notify You of the receipt of payments in the periodic statements We provide to You. Choice of Law Disclosure – We may accept on Your behalf payments to Your account which have been transmitted through one or more Automated Clearing Houses and which are not subject to the Electronic Fund Transfer Act, and Your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of Delaware as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH Transactions involving Your account.
CLOSING AND RE-OPENING AN ACCOUNT
Closing an Account
We may close your Account at any time and terminate this Agreement without prior notice to you if we deem your use of the Account to be inconsistent with the terms of this Agreement including, but not limited to:
We may also close this Account at any time for any reason upon reasonable notice to you and tender of the Account balance (less any amounts due to us or for transfers in process) electronically or by mail. Any debits presented or represented for payment after the account is closed may be dishonored, but we are not under any obligation to do so and will not be liable if we fail to dishonor any item or other debit presented. Reasonable notice depends on the circumstances, and in some cases it might be reasonable for us to give you notice after the change or Account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your Account, we might immediately freeze or close your account and then give you notice.
You may close your Account at any time. See the Truth-in-Savings Disclosure and Fees section of this Agreement regarding accrued interest. If you make a request to close your Account by calling us, we may require that you confirm your termination in writing.
Your obligations under this Agreement continue even after the Account is closed.
We reserve the right to re-open your Account; any re-opened account will be subject to all the terms and conditions then in effect for that Account.
Death of an Accountholder
If you die or are declared legally incompetent, we can continue to accept and process deposits to your Account until we have actual notice of the death/incompetency and have a reasonable chance to act. Upon notification of the death of the Accountholder, we will freeze Individual Accounts (disallowing any withdrawals or transfers). By law, certain documents must be presented to us before funds in such an Account can be paid out and the Account closed. These documents may include: a certified copy of the death certificate; letters testamentary or letters of administration; decrees of probate court; and documents evidencing that estate taxes are paid or not owed; if applicable. Additional documents may be required depending on the ownership of the Account.
Please refer to the provision on Payable on Death Accounts if you have designated a beneficiary.
We may at any time transfer or assign your Account to another FDIC-insured financial institution. The person(s) to whom we make any such transfer or assignment shall be entitled to all of our rights under this Agreement, to the extent assigned.
Escheat & Unclaimed Property Laws
State laws require us to close all your deposit accounts and transfer your money to the state of the Accountholder’s last address on file if your accounts are dormant for a certain period of time as determined by state law. If your Account becomes dormant, we may try to locate you at the address, e-mail, and telephone number shown in our records. After a specified period of time, if we are still not able to locate you, we will be required to surrender the funds in the Account to the state, in accordance with state law, as unclaimed property. If this occurs, you may be able to reclaim them, but you may be required to apply to the state for return of your funds. To the extent permitted by law, we may charge you a reasonable service charge for processing unclaimed property. Once your funds are surrendered, we no longer have any liability or responsibility with respect to the funds.
REMOTE DEPOSIT CAPTURE SERVICE
Barclays Remote Deposit Capture service (“Remote Deposit”) allows you to make deposits electronically with your home scanner, or iPhone or Android smartphone. To deposit a check with a scanner, you will be required to scan the front and back of the item. To make a deposit via a smartphone, you will have to take pictures of the front and back of the item. Camera and check images are securely processed the same as paper checks. Checks deposited after 3:00 pm ET or on a non-business day will not be processed until the next business day. Standard hold times for check deposits apply.
All items submitted for Remote Deposit shall be subject to Barclays’ verification and final inspection and may be rejected by Barclays in its sole discretion without liability. If Barclays accepts the image for collection, it will then attempt to collect the item by presenting the image or converting the image to a substitute check. Unlike traditional check deposits, you retain the original paper check when you use Remote Deposit services. The manner in which these substitute checks or images are cleared, presented for payment, and collected will be determined by Barclays in its sole discretion.
Barclays will determine in its sole discretion whether you are eligible to use Remote Deposit services. Barclays may suspend or terminate your use of Remote Deposit services at any time and without prior notice to you. If you violate the terms of the Remote Deposit service, Barclays may use such actions as a basis to terminate your Account.
The use of Remote Deposit is subject to the Funds Availability terms contained in this Agreement. In additions to the exceptions specified herein, Barclays in its sole discretion may delay availability of funds from any deposit you make through Remote Deposit, including due to any concern Barclays may have about its ability to collect based on the check image that you present through Remote Deposit.
We will provide you with the software needed to use Remote Deposit. However, you are responsible for obtaining and maintaining all other equipment, telecommunications, broadband, and computer hardware, equipment and services needed to use Remote Deposit, and paying all charges related thereto. Please also refer to the Electronic Consent Agreement for a description of the technical requirements your computer must satisfy in order to receive electronic disclosures.
Remote Deposit Capture Fees
There is no fee for the Remote Deposit service, but other fees as listed elsewhere in this Agreement, may apply.
Barclays may limit the dollar amount or number of checks that you may deposit through the Remote Deposit service. In using Remote Deposit, you agree to the following limits:
Barclays may change such limits at any time.
Barclays may, in its sole discretion, decline to accept a check image that you submit through Remote Deposit services. Without limiting that discretion, you agree to not scan or attempt to deposit any of the following:
Your Representations and Warranties
Each time you submit check images through the Remote Deposit service, you represent and warrant that:
Once a check image has been credited to your Account, you must mark the original check as "VOID" and retain the check for sixty (60) calendar days. You may not present the original check or any image or substitute check created from the original check for payment at any other financial institution. During this 60-day period, you must store the original paper check securely using precautions at least as secure as those you would use to protect a blank check and you must make the original paper check available to Barclays for review at any time and as necessary for Barclays to facilitate the clearing and collection process, to address third party claims, or for our own audit purposes. Should you fail to produce the original paper check, you authorize Barclays to deduct the amount of the check in question from your Account, regardless of whether such action may cause your Account to not have sufficient funds, and to pay any associated fees. Immediately after this 60-day period, you must destroy the original paper check.
For any check deposited as an image through Remote Deposit, you must endorse the check as "[signature] For Mobile Deposit at Barclays Bank Only [Account #]" or as otherwise instructed by us before you scan the check. Checks received that are not endorsed in accordance with this provision may be rejected.
You agree that in order to use Remote Deposit, your computer, scanner, smartphone, and/or other equipment must meet the current technical requirements as Barclays may specify, as such may change from time to time, and you must have access to the internet. When using Remote Deposit, you may experience technical or other difficulties, including, without limitation, problems with your scanner or transmission problems. Barclays is not responsible for such technical or other difficulties. In particular, each image of a check you attempt to deposit using Remote Deposit must be legible, as determined by Barclays. If your scanning equipment produces check images that Barclays determines are not of acceptable quality, Barclays may reject your deposit. Barclays is not responsible for problems arising out of your equipment or internet connections even if you are using equipment that meets Barclays' technical requirements.
Please note that at the time of this Agreement, wireless scanners and MAC computers are not compatible with the Barclays Remote Deposit software.
When submitting a check to Barclays for processing through Remote Deposit capture, you must submit an image of both the front and back of the check. Each image of each check must be of such quality that the following information can clearly be read by sight review of the image:
Barclays in its sole discretion will decide whether to accept an image for processing, and may decline to process a remotely captured check for, among other reasons, failing to meet image quality requirements.
Receipt of Items
Barclays reserves the right to reject any item transmitted through Remote Deposit services in its sole discretion. Barclays is not responsible for items we do not receive or for images that are dropped during transmission. An image of an item shall be deemed received when you receive a confirmation from Barclays that we have received the image. Receipt of such confirmation does not mean that the transmission was error-free or complete.
You agree to notify Barclays of any suspected errors regarding items deposited through Remote Deposit right away, and in no event later than sixty (60) calendar days after the Account statement is sent. Unless you notify Barclays within sixty (60) calendar days, such statement regarding all deposits made through Remote Deposit shall be deemed correct, and you are precluded from bringing a claim against Barclays for such alleged error.
The manner in which the items are cleared, presented for payment, and collected shall be in Barclays' sole discretion, subject to this Agreement.
Ownership and License
You agree that Barclays retains all ownership and proprietary rights in the Remote Deposit services, associate content, technology, and website(s). Your use of Remote Deposit services is subject to and conditioned upon your complete compliance with the Remote Deposit terms and this Agreement. Without limiting the effect of the foregoing, any breach immediately terminates your right to use Remote Deposit services. Without limiting the restriction of the foregoing, you may not use Remote Deposit services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to Barclays’ business interest, or (iii) to Barclays’ actual or potential economic disadvantage in any aspect. You may use Remote Deposit services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide Remote Deposit services.
You agree to indemnify, defend, and hold us harmless from and against any and all claims, demands, damages, liabilities, expenses (including reasonable attorneys' fees), or other loss that arises from or relates to your use of Remote Deposit services or your breach of the representations, warranties or covenants set forth herein, including without limitation your attempt to duplicate the presentation of a check image via presentation of the original check or an image or substitute check derived from the original check and any liability that we may incur for processing an image or substitute check rather than the original paper check.
YOUR USE OF REMOTE DEPOSIT SERVICES IS AT YOUR SOLE RISK. REMOTE DEPOSIT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO REMOTE DEPOSIT SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, COMPATIBILITY OF BANK SOFTWARE, EQUIPMENT, OR COMMUNICATIONS INTERFACES WITH THOSE OF THE CUSTOMER, AND RESULTS TO BE DERIVED FROM THE USE OF ANY SOFTWARE, SERVICES, HARDWARE, OR OTHER MATERIALS IN CONJUNCTION WITH REMOTE DEPOSIT SERVICES.
Limitation of Liability
Barclays will not be liable for any direct, special, indirect, punitive or consequential damages, including without limitation lost profits or revenues resulting from your use or inability to use Remote Deposit services, even if Barclays is advised in advance of the possibility of such damages. Under no circumstances shall Barclays be responsible for any liability, loss, or damage resulting from any delay in performance of or failure to perform Remote Deposit services that is caused by interruption of telephone, facsimile, or communication facilities and networks, delay in transportation, equipment breakdown or mechanical malfunction, electrical, power or computer failure, accidents, fire, flood, explosion, theft, natural disaster, or other catastrophe, acts or failure to act by the customer or any third party, strikes or lockouts, emergency conditions, riots, war, acts of government, or other circumstances which are unavoidable or beyond Barclays' control. If Barclays fails to credit your Account utilized in connection with Remote Deposit services, upon discovery or notification of such error, Barclays will credit such Account, but Bank shall not incur any liability for the failure to credit your Account, including any loss resulting from your failure to invest the amount of funds not properly credited to the Account.
You may address any inquiries or questions regarding our Remote Deposit services by visiting www.securebanking.barclaysus.com and sending us an e-mail using the secure mailbox facility, calling us at 888-710-8756 during regular service hours, or writing us at:
P.O. Box 70378
Philadelphia, PA 19176
PRIVACY & ACCOUNT SECURITY
You are solely responsible for controlling the safekeeping of and access to your user identification, password or other means to access your Account. You agree not to give out or make available your user identification, password, access code, authenticating image or other means to access your Account to any unauthorized individuals. You are responsible for all transactions authorized by you or by anyone to whom you provide access to your account.
If you believe that your user identification, password, access code, authenticating image or other means to access your account has been lost, stolen or otherwise compromised, or that someone may attempt to use the account without your consent or has transferred money without your permission, or if you suspect any fraudulent activity in your account(s), you must notify us at once at 888-710-8756.
Protecting Your Privacy
THIS AGREEMENT AND YOUR ACCOUNT WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE AND, AS APPLICABLE, FEDERAL LAW.
Continuation of Our Legal Rights
Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later.
Amendment, Cancellation and Change in Terms
We may amend or cancel this Agreement at any time in accordance with applicable law. Amendments to this Agreement will be communicated to you in a manner consistent with applicable law. Also, this Agreement, as amended will be made available on our website.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency (local, state, or federal), the validity or enforceability of any other provision of this Agreement shall not be affected.
Notice and Cure
Prior to initiating a lawsuit or arbitration regarding a legal dispute or claim relating in any way to this Agreement or your Account (a "Claim"), the party asserting the Claim (the "Claimant") shall give the other party written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than thirty (30) calendar days, to resolve the Claim. Any Claim Notice to you will be sent in writing by mail to the address you have provided us (or any updated address you have subsequently provided to us). Any Claim Notice to us shall be sent by mail to the following address: Barclays, P.O. Box 70378, Philadelphia, PA 19176. Any Claim Notice you send must give your Account number(s), address and telephone number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests.
Claims of Third Parties and Legal Action Taken Against Your Account
Except as otherwise provided herein, we are not required to recognize any claim to your Account, or any claim of authority to exercise control over your Account, made by a person or persons other than you or an individual you have authorized to access the Account pursuant to a written agreement, in a form and content acceptable to us, on file with us. If an attachment, garnishment, levy, order, decree or other state or federal legal process ("Legal Process") is brought against your Account, we may refuse to permit or we may limit withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. If we receive any document that appears or is purported to be Legal Process issued out of any court or governmental agency, you hereby authorize us to accept and comply with it, no matter how it was received by us. You hereby direct us not to contest on your behalf any such document or Legal Process and to comply with such process as we determine to be appropriate in the circumstances without liability of us to you, even if the Legal Process or document purports to affect the interest of only one owner of a Joint Account and even if any funds we may be required to pay out leave insufficient funds to pay a check you have written or any other withdrawal or debit you have authorized or initiated. If we incur any damages, losses, costs or expenses, including, without limitation, reasonable attorneys' fees, in connection with any such document or Legal Process, you are liable to us in such amount and we may (i) charge any expenses and fees to your Account or any other account you may have with us without prior notice to you, (ii) bill you directly for such expenses and fees or (iii) to the extent permitted by law, deduct such expenses and fees from the amount levied. Any garnishment, attachment or other levy against your Account is subject to our right of setoff.
Waiver of Liability
Unless we have acted in bad faith or are otherwise prohibited by applicable law, we will not be liable to you for performing or failing to perform services under or in connection with this Agreement. Without limiting the foregoing, we will not be liable for delays or mistakes that happen due to reasons beyond our control, including, without limitation, acts of civil, military or banking authorities, national emergencies, insurrection, war, riots, acts of terrorism, failure of transportation, communication or water supply, or malfunction of or unavoidable difficulties with our equipment. If a court finds that we are liable to you for what we did or did not do under or in connection with this Agreement, you may recover from us only your actual damages, in an amount not to exceed the total interest paid by us to you under and in connection with this Agreement during the six-month period immediately preceding the event giving rise to our liability. You agree that the dollar limitation described in the preceding sentence is reasonable, to the extent permitted by applicable law. In no event will we be liable for consequential damages (including lost profits), extraordinary damages, or special or punitive damages.
At the election of either you or us, any claim, dispute or controversy (“Claim”) by either you or us against the other, arising from or relating in any way to this Agreement or your Account, or their establishment, or any transaction or activity on your Account, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims regarding the applicability of this arbitration provision or the validity of the entire Agreement, shall be resolved exclusively by arbitration.
For purposes of this provision, “you” includes yourself, any authorized user on the Account, and any of your agents, beneficiaries or assigns, or anyone acting on behalf of the foregoing, and “we” or “us” includes our employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns, and to the extent included in a proceeding in which Barclays is a party, its service providers and marketing partners. Any Claims sought to be made or remedies sought to be obtained as part of any class action, private attorney general or other representative action (hereafter all included in the term “class action”) shall be subject to arbitration, and arbitrated on an individual basis between you and us, not on a class or representative or other collective basis. The arbitrator shall not have any authority to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceeding. If any Claim is advanced in a court, arbitration may be elected under this provision instead, and the right to elect arbitration shall not be deemed to have been waived if the election is made at any time before commencement of trial.
Alternatively, you and we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, or the equivalent court in your home jurisdiction, provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action.
The arbitration shall be administered by the American Arbitration Association, www.adr.org, 950 Warren Avenue, East Providence, Rhode Island, 02914, 1-866-293-4053 (the “Administrator”). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms at its web site or by mail as set forth above. The Administrator will apply the rules and procedures in effect and applicable to the Claim at the time the arbitration is filed. The Claim will be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The Administrator shall resolve each dispute in accordance with applicable law.
If you commence arbitration, you must provide us the notice required by the Administrator’s rules and procedures. The notice may be sent to us at Barclays Bank Delaware, P.O. Box 70378, Philadelphia, PA 19176. If we commence arbitration, we will provide you notice at your last known address pursuant to our records. We agree to honor a request by you to remove the action to a small claims court, provided that we receive the request within thirty days of the notice of commencement of arbitration. Any arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your address at the time the Claim is filed.
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. No class actions, joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us. In the event that there is a dispute about whether limiting arbitration of the parties' dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration.
A party can file with the Administrator a written appeal of a single arbitrator’s award within 30 days of award issuance, requesting a new arbitration in front of three neutral arbitrators designated by the Administrator. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction.
We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against us, we will reimburse you for any fees paid to the Administrator in connection with the arbitration proceedings. Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration. In addition, in any arbitration that you elect to file that could be heard in small claims court in your jurisdiction, we will pay the filing fees and other arbitration fees above the cost of filing in that small claims court. If you are required to advance any fees or costs to the arbitration Administrator, but you ask us to do so in your stead, we will consider and respond to your request.
This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the termination of this Agreement and the Account relationship, including your withdrawal of funds in the Account and your payment in full of any amounts owed under this Agreement, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement.
ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.