CyberSaver Gold Rules and Regulations
ESTABLISHMENT OF ACCOUNT
A GCF CyberSaver Gold Account (your "Account") will be opened in your name at GCF Bank. "Our," "we," "us" or similar pronouns refer to GCF. Following are the Rules and Regulations that govern your Account. Your Account will also be governed by the signature card that you sign and, if the account is a multiple party account, by the Multiple Party Deposit Account Act, (NJSA 17:16I-1). Please see additional disclosures you received with these Rules and Regulations for information about your Annual Percentage Yield (APY) and your Account. Your Account will be established upon our receiving your deposit of funds. You agree to be bound by the Rules and Regulations. If a new service is added, your use of that service constitutes your acceptance of the Rules and Regulations in effect at the time. If there is a conflict between the Rules and Regulations and something said by one of our employees, the terms of the Rules and Regulations will control. Please read and print a copy of the Rules and Regulations for your records.
KINDS OF ACCOUNTS
- Individual Account. An Individual Account is one opened in the name of one person.
- Joint Account. A Joint Account is one opened by two or more people and is payable to any of them.
- The account will be subject to the Multiple Party Deposit Account Act (NJSA 17:16I-1); and all other laws, regulations and rules of the State of New Jersey and the United States; the rules and regulations of GCF; and all changes in any of them that may in the future become effective.
- The account is a joint account with a right of survivorship. Ownership of the account cannot be changed by Will.
- Each party owns his/her net contribution to the account. In the absence of proof of net contribution, each party will own an equal share of the account (unless the parties have specifically agreed otherwise). This notice concerning ownership rights is relevant only to controversies between parties and their creditors and other successors, and has no bearing on the power of any party to make withdrawals from the account in an amount greater than his/her net contribution to the account or in the absence of proof of new contribution, in an amount greater than a party's equal share of the account or in an amount greater than the amount specifically agreed upon by the parties.
- Upon the death of a party to the account; (a) where there is only one surviving party, the entire amount will belong to the surviving party as against the estate of the deceased party unless there is clear and convincing evidence of a different intention at the time the account is created; or (b) where there are two or more surviving parties, each surviving party will continue to own his/her proportionate share, and the proportionate share owned by the deceased party at the time of his/her death will be shared equally by the surviving parties and the right of survivorship will continue between the surviving parties.
- GCF will be protected from liability for all payments made from the account pursuant to the Multiple Party Deposit Account Act.
- This notice concerning ownership rights in the account is required by a regulation of the New Jersey Department of Banking (NJAC 3:1-12.1). This notice has no bearing on the power of any party to make withdrawals from the account, which is dealt with separately.
- If a party wants to change the form of the account, the party must notify GCF in writing.
Beneficiaries, Trust Accounts or Payable-on-Death (POD) accounts are not an option with CyberSaver Gold. If you are interested in opening a Trust Account or Payable-on-Death (POD) Account, please contact our office at (877) 589-6600. A representative will be happy to discuss other GCF products, which offer these options.
Your account can be opened by authorizing us to transfer funds electronically through an automated clearinghouse ("ACH") entry from a transaction account designated by you at an external financial institution (the "External Account"). We may take additional steps to verify ownership of the External Account. Such steps may include, but are not limited to, requesting a voided check, a cancelled check, or a copy of a recent account statement. We reserve the right to verify ownership of the new External Account, as specified above, before honoring the change request.
CHANGE OF ADDRESS OR NAME
You are responsible for notifying GCF of any change in your address or your name. Changes of address or name must be made in writing. Changes of address must bear the signature of all account holders. We reserve the right to request additional documentation to verify your request. We may rely upon and will use the last address you or the U.S. Postal Service has given us.
DEPOSITS AND COLLECTIONS
We will accept deposits by check from your personal account that are mailed to us; however, we reserve the right to close your Account for, what we deem in our sole discretion, to be excessive deposits made by check through mail. You will be notified in writing before we take any action on your Account with respect to excessive deposits. When you deposit a check into your Account, we will act as your agent in collecting payment for it. Interest will begin to accrue on the banking day on which the funds were deposited to your Account. Since there is a time delay before the item is collected from another bank, a hold may be placed on these uncollected funds. If the item is not paid or if the item is later returned uncollected and your Account has been credited, the amount of the item may be deducted from your Account or from any other accounts at GCF for which you are named as owner or co-owner even if it causes such account to be overdrawn, in which case you agree to reimburse us immediately upon demand for any shortfall. We may return or refuse to accept all or any part of a deposit or credit at any time and will not be liable to you for doing so, even if such action causes outstanding checks to be dishonored and returned. Refused deposits will be returned to you. If you cause or allow any markings on a check or other item such that the required bank name or endorsements are obscured, resulting in liability or damage to us, you will be held responsible for the full amount of such damages. We and any of our correspondents may collect deposited items by sending them to be cleared through any correspondent bank, Federal Reserve Bank, clearinghouse association or directly to the bank on which they are drawn. The rules of such bank or association will be followed and reasonable care will be taken in collecting the items you deposit. Any items forwarded shall be at your own risk. You agree that we may deduct the amount of any money that you owe us or come to owe us under this Agreement from your Account or any other accounts at GCF for which you are named as owner or co-owner.
Please note there is a $15 fee per branch visit.
FUNDS AVAILABILITY DISCLOSURE
Any deposit made in the first 10 days after the account is opened will be made available on the 10th business day after we process the deposit. Subsequent deposits via cash or check will be made available to you as soon as the deposit is processed. Subsequent deposits via ACH entry will be made available when credited to your account. Once funds are available, you can withdraw the funds (subject to the withdrawal limitations set forth below).
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your Account. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, and Federal holidays.
We are not able to honor any special instructions or to be bound by a restrictive endorsement placed on items and are not responsible for any losses, claims, damages or expenses that result from your expectation that we will honor these restrictions.
PAYMENTS OR TRANSFERRING FUNDS TO YOUR ACCOUNT IS A WARRANTY OF AUTHORIZATION
By using any available payment or funds transfer service, you warrant that you are an authorized signer on the Account from which the funds are being drawn to make such payment or transfer.
BALANCE OF ACCOUNT
The amount shown on our records will be accepted as the balance of your Account unless you can show differently. Balances shown on our Web site or through our automated telephone service are not official records. Your share in a Joint Account is not tracked separately, and you agree for yourself, your heirs, assigns and legal representatives that if you or any other Account holder receives more than his or her share, we will not be liable.
Statements may be received either by postal mail or electronically. The link for enrolling to receive electronic statements will be sent to you via an initial email immediately following your Account opening. Choosing to receive your statement electronically ensures your statement is always timely and eliminates the possibility of a statement being lost in the mail. If you elect to receive electronic statements, you will be notified by email when you have a statement available for viewing. Electronic statements can be accessed for a period of up to one year. Your statement may be generated on a quarterly basis, if there has been no activity in your Account for at least three months. If you choose to receive paper statements by postal mail rather than electronically, you will incur a $5 fee per statement cycle.
RATES/MINIMUM BALANCE REQUIREMENTS
GCF determines the interest rate and APY, as well as any bonus rate offered to the public on its CyberSaver Gold Account, and may modify these at any time without notice. The minimum deposit to open this account is $200,000. Balances falling below $200,000 at any time during a cycle period will be charged a $200 service fee, which effects the APY on your account. Interest will be posted to the account on a monthly basis.
If your Account becomes involved in a legal proceeding or is likely to become involved in a legal proceeding due to a dispute, the entire balance of your Account may be restricted until the matter has been resolved, even if only one person on the Account is involved. You promise to repay us for any expenses we incur, including reasonable legal fees and costs, if your Account is involved in a legal proceeding or dispute.
Any legal claim between you and us ("Claim") regarding these Rules and Regulations, this arbitration clause or your Account shall, at your or our request, be resolved by an arbitrator to be mutually agreed upon by the parties. A party who has asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim(s) subsequently asserted in that lawsuit by any other party or parties. This arbitration agreement is made pursuant to a transaction in interstate commerce, and shall be governed by the Federal Arbitration Act at 9 U.S.C. Section 1 et. seq. The parties understand that they have a right or opportunity to litigate disputes through a court, but that they agree to resolve their disputes through arbitration.
IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
WITHDRAWING FUNDS FROM, RESTRICTING AND CLOSING YOUR ACCOUNT, LIMITATIONS ON WITHDRAWALS AND TRANSFERS
You may make a withdrawal from your Account through electronic funds transfer to the External Account via ACH entry by visiting our Web site or by wire transfer. You may not withdraw funds via check or any other negotiable instrument. This account has a limit on the number of electronic withdrawals you may make during a period as specified by Regulation D. If you exceed six eligible electronic transactions in a cycle period, there will be a $25 charge per occurrence after the sixth transaction. If transaction limitations are repeatedly exceeded, we reserve the right to close your account. We may close your Account at any time. If at any time we have reason to believe that any information provided by you to us is inaccurate, or that your transactions with us may subject us to loss or liability or are illegal, we reserve the right to restrict the funds in your Account for a period of up to 30 days, subject to our conducting a reasonable investigation and/or refuse to follow your instructions. We will notify you by mail if we take such an action. We will not be liable to you for restricting funds in your Account even if such action causes outstanding recurring electronic fund transfers to be dishonored. We have the right to require you to provide us with at least seven days advance notice before any funds may be withdrawn from your Account or before you may close your Account.
Please note ATM access cards are not available with this product nor is this account eligible for GCF's SafeLink service.
FEES AND CHARGES
There is a $15 fee per branch visit. There is a $25 charge, per occurrence, for each electronic transfer and/or withdrawal which exceeds the eligible limit as specified under Regulation D. Please see our fee schedule, which in addition to being provided to you at account opening is available on our web site at www.gcfbank.com. GCF reserves the right to charge service and maintenance fees at any time. If service and maintenance fees are applied to your account, we will notify you as required by law. If service and maintenance charges apply to your Account, you agree to pay such charges.
These charges will be subtracted from your Account balance. You will be solely liable for overdrafts caused by these charges.
DORMANT AND ESCHEATABLE ACCOUNTS
A Dormant Account is one on which you have not increased or decreased the amount in the Account, presented us with evidence of the Account, otherwise corresponded with us about the Account or indicated an interest in the Account as evidenced by a memorandum on file with us, or engaged in any credit, trust or other transaction with us for the amount of time specified under applicable law. Once a deposit Account has been dormant, the funds become escheatable. Thereafter, the payment of any interest on the Account ceases and a statement on the Account will no longer be sent. Subject to applicable law, we may charge a dormant account fee on the account, and the account will be presumed abandoned. In accordance with applicable law and regulations, funds in abandoned accounts will be remitted to the custody of the applicable governmental agency, and GCF will have no further liability to you for such funds. You will be notified in writing, if required by applicable law, at your last known address on our records before we take the actions stated in this paragraph.
For your protection, you agree that we may order a consumer credit report on you from a credit-reporting agency. Upon your request, we will inform you of whether or not such a report was requested and, if so, the name and address of each agency that furnished this report.
If you sent us a facsimile of your signature (facsimile signature) when opening your account, or in the future send us a facsimile containing your signature which provides us with orders or directions regarding your account, you acknowledge that you did so or will do so solely for your benefit and convenience. You agree that no facsimile signature that you have in fact used may be considered a forgery or an unauthorized signature and that such facsimile signature will be effective as your signature whether or not you have been negligent.
POWER OF ATTORNEY
GCF will honor a Power of Attorney, which complies with the Revised Durable Power of Attorney Act unless GCF believes that your signature is not genuine or we have received actual notice of your death or of the revocation of the Power of Attorney or of your disability at the time of your signing of the Power of Attorney. We may also, at our sole option, honor a Power of Attorney for some Account powers and functions and not for others. If GCF fails to honor a Power of Attorney, which conforms to the Revised Durable Power of Attorney Act, GCF will notify the agent in writing of the rejection of the power of attorney and of the reason for the rejection.
TRANSFER OF ACCOUNTS
Your Account is not transferable or assignable by you. We reserve the right to transfer or assign your Account to another FDIC insured financial institution.
This Agreement, as well as the operation of your Account, is governed by federal laws and regulations and, to the extent applicable, the laws of the State of New Jersey. If any part of these Rules and Regulations is determined by any court to be invalid or unenforceable, the rest of the Rules and Regulations will still apply.
ADVISORY AGAINST ILLEGAL USE You agree NOT to conduct transactions for illegal Internet gambling or other illegal purposes, for example, display of a payment logo by an online merchange does not necessarily mean that transactions are lawful in all jurisdictions. GCF reserves the right to deny Electronic Transactions that may appear to be illegal in nature or originate in high risk foreign countries.
Accounts are available to U.S. citizens and permanent residents of the 50 United States and the District of Columbia. We reserve the right to require a permanent U.S. address to open and maintain the Account.
Interest will be reported for tax purposes under the tax identification number of the first named person on the account. As required by federal law, you have certified under penalties of perjury that the taxpayer identification number and backup withholding information on your signature card is correct. GCF is relieved of any liability in connection with any fines or penalties assessed to you by the IRS for reporting false information.
If you have arranged to have direct deposits made to your Account at least once every 60 days from the same person or company, you can call us at (877) 589-6600 to find out whether or not the deposit has been made.
CANCELING AN AUTOMATIC TRANSFER
You may not stop payment of an electronic transfer that is not recurring once you have initiated the transaction. You can stop an automatic recurring payment or withdrawal that you have set up to be deducted from your Account by calling us at (877) 589-6600 or by writing to us at 381 Egg Harbor Road, Sewell, New Jersey 08080. You must make your request in time for us to receive it within three 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 14 days after you call.
If you order us to stop one of these payments three business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
You agree to indemnify GCF, its agents, and employees against any loss, liability, or expense (including attorneys' fees) resulting from or arising out of any claim of any person in connection with any matters subject to these Rules and Regulations, except where applicable law precludes such indemnification.
We will provide you with notification of all transfers as part of your periodic statement. You hereby agree to notify us in writing of any unauthorized or erroneous transfer order. Should you fail to promptly notify us of any unauthorized or erroneous transfer, we will not be liable to you for any subsequent similar occurrences that we could have prevented had we received such notice.
CHOICE OF LAW
We may accept, on your behalf, payments to your account that are not subject to the Electronic Funds Transfer Act ("Regulation E"). Your rights and obligations with respect to such transfers shall be governed and construed in accordance with Regulation J, Subpart B-Funds Transfers through Fedwire, and the applicable Federal Reserve Bank Operating Circular. Electronic transfers sent or received via automated clearinghouse are subject to the rules of the National Automated Clearinghouse Association ("NACHA"). Where none of the above stated rules apply, the transactions contemplated by this agreement shall be governed by the laws of the State of New Jersey.
YOUR LIABILITY FOR INCORRECT INFORMATION
If you give us a payment order that identifies a beneficiary (the person to whom you are wiring 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 ("R/T") 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. Neither any receiving institution nor we will be liable for any such errors on your part.
OUR LIABILITY FOR FAILURE TO COMPLETE TRANSFERS
If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your damages subject to the limitations set forth below. However, there are some exceptions. We will NOT be liable: (i) if, through no fault of ours, you do not have enough money in your Account to make the transfer; (ii) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken..
In the event we are ever liable to you for damages due to a transfer, GCF's aggregate liability for any and all claims or obligations relating to the transfer shall be limited to your direct, actual out of pocket damages only. In no event will GCF be liable to you for loss of good will, or for special, indirect, incidental, consequential or punitive damages, court costs and/or attorneys' fees.
We have the right to change these Rules and Regulations, including the fees and charges applicable to your Account at any time, which changes may include the addition of new charges or terms. If we make changes, you will be notified as required by applicable law. Notice from us to any one of you is notice to all.