Db 17 00346 Dec2017 Bank Natl-AcntAgrmnts dm
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39 38 In order to more effectively serve you: • Tell us your name and Account number. • 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. • 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have 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 Account. For errors involving new Accounts, POS, or foreign- initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 Business Days to credit your 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. (29) WAIVERS No delay in our exercise of our rights, powers or remedies will affect your obligations under this Agreement. If we waive any of the provisions of this Agreement, such waiver will only apply on that occasion.
We may comply with any writ of attachment, adverse claim, garnishment, tax levy, restraining order, subpoena, warrant or other legal process which we believe (correctly or otherwise) to be valid and we may restrict use of your Account if it is subject to any legal proceedings. We shall be entitled to rely upon the representations, warranties and statements made in such legal processes. You agree to hold harmless and indemnify us for any losses, expenses and costs, including reasonable attorneys’ fees, incurred by us as a result of complying with such legal proceedings. In the event of your death, we will not release funds on deposit until all legal documents we require are delivered to us. We may pay all or any part of the funds in a Joint Account to a court or governmental agency upon receipt of a garnishment, order, tax levy or similar legal process identifying any one or all of the owners of the Joint Account. (31) ABANDONED ACCOUNTS State laws governing abandoned accounts may vary from state to state. If we have not had contact from you, there is no activity on your Account and you have not otherwise indicated an interest in the Account for a period of time specified by state law, the laws in most states require us to treat the funds in such Account (e) Your Liability for Unauthorized Transfers Tell us AT ONCE if you believe your Debit Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check, by calling us at 1-800-347-7000 or by writing us at Discover Bank, PO Box 30411, Salt Lake City, UT 84130- 0411. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account. If you tell us within two (2) Business Days after you learn of the loss or theft of your Debit Card or PIN, you can lose no more than $50 if someone used your Debit Card or PIN without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Debit Card or PIN, and we can prove we could have stopped someone from using your Debit Card or PIN 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, including those made by card, code or other means, tell us AT ONCE. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. (f) Our Liability for Failure to Make Electronic Transfers If we do not complete a transfer to or from your Account on time or in the correct amount according to your instructions and this Agreement, we will be liable for losses or damages. However, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours, there is insufficient money in your Account to make the transfer. • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. • If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. • If the transaction would have violated the terms of any of our agreements with you or with governmental regulations. • If the ATM where you are making the transfer does not have enough cash. There may be other exceptions not stated in this Agreement. (28) ERROR RESOLUTION – ELECTRONIC FUND TRANSFERS In case of errors or questions about EFTs, call us or write us as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we made the FIRST statement available on which the problem appeared. Call 1-800-347-7000 or send your inquiry to us at Discover Bank, PO Box 30411, Salt Lake City, UT 84130-0411. 41 40 RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. (b) Class Action Waiver ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ACCOUNTHOLDERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. (c) Your Right to Go To Small Claims Court We will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
This arbitration agreement is governed by the Federal Arbitration Act (“FAA”). Arbitration must proceed only with the American Arbitration Association (“AAA”) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the chosen arbitration organization, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement and the organization’s procedures. If the organization’s procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. For a copy of each organization’s procedures, to file a claim or for other information, please contact: • AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org (phone 1-877-495-4185) or • JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (phone 1-800-352-5267). If both AAA and JAMS are completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute. (e) Fees and Costs If you wish to begin arbitration against us but you cannot afford to pay the organization’s or arbitrator’s costs, we will pay those costs if you ask us in writing. Any request like this should be sent to Discover Bank, PO Box 30416, Salt Lake City, UT 84130. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced.
Arbitration hearings will take place in the federal judicial district where you live. A single arbitrator will be appointed. as abandoned property and deliver the abandoned funds to the applicable state. We are required to turn over all property presumed to be abandoned to the applicable state and you would have to follow the state’s requirements and process to obtain return of the funds we turned over to the state. (32) SEVERABILITY Any term contained in this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law or regulation, shall not affect the validity or enforceability of the remaining terms.
You agree that Discover and its affiliates, agents, contractors and marketing partners, may listen to or record telephone calls between you and our representatives without additional notice to you.
You agree that we (and our affiliates, agents, and contractors) may monitor or record any calls between you and us. If we need to contact you to service your Account or to collect amounts you owe to us, you authorize us (and our affiliates, agents and contractors) to contact you at any number (i) you have provided to us, (ii) from which you called us, or (iii) which we obtained and believe we can reach you at. We may contact you in any way, such as calling, texting or email. We may contact you using an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider.
You also agree that Discover and its affiliates, agents and contractors may use other medium, as permitted by law and including, but not limited to, mail and email, to contact you about your Account or to offer products or services that may be of value to you. (34) LIMITATION OF LIABILITY YOU AGREE THAT WE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS’ FEES, REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAD ADVANCE WARNING OF THE POSSIBILITY OF SUCH DAMAGES. (35) ARBITRATION OF DISPUTES (a) Agreement to Arbitrate In the event of a dispute between you and us arising under or relating to this Account, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE
43 42 An Early Withdrawal Penalty will not apply if you revoke your IRA Plan under Section 3(iii)(a)(2). Early Withdrawal Penalties For New CDs: Beginning on the 8th day after your CD is opened and funded and for the next 22 calendar days, we will deduct each day’s simple interest on the issue amount withdrawn from the funding date to the date of withdrawal. Thereafter, the Early Withdrawal Penalty will be calculated as described in the chart below. For Renewing CDs: Beginning on the day your CD’s Grace Period ends and for the next 20 calendar days, we will deduct each day’s simple interest on the issue amount withdrawn from the maturity date to the date of withdrawal. Thereafter, the Early Withdrawal Penalty will be calculated as described in the chart below
3 months simple interest
6 months simple
interest 9 months simple interest
3 months simple interest
6 months simple
interest 9 months simple interest
15 months simple
interest CDs opened or renewed on or after 2/17/2014 Term Penalty Less than 1 Year 1 Year to < 4 Years 4 Years to <5 Years 5 Years to < 7 Years 7 Years or Greater 3 months simple interest
6 months simple
interest 9 months simple interest
18 months
simple interest
24 months
simple interest
In some cases, the Early Withdrawal Penalty may reduce the principal in the CD. One month equals 30 days for simple interest fee calculation. The arbitrator must: • Follow all applicable substantive law, except when contradicted by the FAA; • Follow applicable statutes of limitations; • Honor valid claims of privilege; • Issue a written decision including the reasons for the award. • The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than 30 days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.
In addition to you and us, the rights and duties described in this arbitration agreement apply to: our affiliates and our and their officers, directors and employees; any third party co-defendant of a claim subject to this arbitration provision; and all joint Accountholders of your Account(s). (h) Survival of this Provision This arbitration provision shall survive: • closing of your Account; • any legal proceedings to collect money you owe; • any bankruptcy by you; and • any sale by us of your Account. (i) You Have the Right to Reject Arbitration for this Account. You may reject the arbitration agreement but only if we receive from you a written notice of rejection within 30 days of your receipt of this Agreement. You must send the notice of rejection to: Discover Bank, PO Box 30411, Salt Lake City, UT 84130-0411. Your rejection notice must include your name, address, phone number, Account number and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under this Agreement. If you reject arbitration, neither you nor we will be subject to the arbitration provisions for this Account. (36) EARLY WITHDRAWAL PENALTIES; FEE SCHEDULE AND MINIMUM ACCOUNT REQUIREMENTS You agree to pay our standard fees and charges for your Account and related services. All Early Withdrawal Penalties and fees will be automatically deducted from your Account. The Early Withdrawal Penalties and fees are set forth in this Section 36. We reserve the right to change the Fee Schedule, subject to Section 26. Each IRA Plan (Traditional or Roth) you open is subject to revocation as defined in Section 3(iii)(a)(2). 45 44
one of your Eligible Accounts is subject to one of the Eligible Fees, we will apply the Eligible Fee and then credit your Account for the first Eligible Fee that would be applicable to your Eligible Account. For clarity, each Eligible Account is allowed one, and only one, Eligible Fee to be forgiven per calendar year.
calendar day, the highest Eligible Fee will be forgiven. Fee Schedule & Opening Account Requirements:
$0 $0 Online Account only; Account Center Registration Required within 15 days of opening or account will be closed Online Savings $0 $0 Excessive Withdrawal Fee per item = $15 (See Section 11)
$2,500
$10 if the average daily balance for the statement cycle falls below $2500 starting with the third statement cycle* Excessive Withdrawal Fee per item = $15 (See Section 11) CDs/IRA CDs $2,500
$0 See Section “36 above” for Early Withdrawal Penalties that may apply Additional Fees for Checking, Savings, and Money Market Accounts Deposit Item Returned (per item) $0 Stop Payment (per order) $15 Insufficient Funds (maximum 1 per day) $30 Insufficient Funds for Discover Student Deposits Program per Section 7 $0* * Outgoing Wire Transfer $30 (not applicable to IRA CDs)
* A minimum balance fee of $10 will be imposed starting with the third statement cycle if the average daily balance for the statement cycle falls below $2,500 for each Money Market Account. The average daily balance is calculated by adding the principal in the Account for each day of the period and dividing that figure by the number of days in the period. ** Once you are no longer part of the Discover Student Deposits Program, you will be subject to the terms and conditions of the Cashback Debit Account, including the Insufficient Funds Fee. Notice to Accountholders in the Discover Student Deposits Program: additional fee disclosures applicable to your Account are available at DiscoverBank.com/StudentDepositsFeeSchedule
For purposes of this Section 37 the following definitions apply (i) “Eligible Account” means a Discover checking account, savings account or money market account. (ii) “Eligible Fee” means an Excessive Withdrawal Fee, or Insufficient Funds Fee, or a Stop Payment Fee or Money Market Minimum Balance Fee. BK.DBATAGT.LIN.08 18 ©2018 Discover Bank, Member FDIC Yüklə 7,06 Mb. Dostları ilə paylaş:
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