This Account Agreement is effective March 15, 2016.
IMPORTANT – Please read carefully and retain this Account Agreement for your records.
Your account(s) is issued and operated by The Bancorp Bank. If you have any questions about this notice, please contact us on the numbers listed on our website or at 800.545.0289.
Definitions
This Account Agreement (the “Agreement”) contains the rules that govern, where appropriate, your account(s) with The Bancorp Bank (the “Bank,” “we,” or “us”).
The words “you” and “your” mean each account owner and anyone else with authority to deposit, withdraw, or exercise control over an account. If there is more than one owner, then these words mean each account owner separately, and all account owners jointly.
An “owner” is one who has the power to deal with an account in his, her or its own name.
An “agent,” in contrast, is one whose power to withdraw from an account comes from, or is on behalf of, the owners. Authorized signers, designated corporate officers, trustees, attorneys-in-fact, and convenience signers are examples of agents.
Entities such as corporations, limited liability companies, partnerships, estates, conservatorships, and trusts are not natural persons, and can only act through agents. In such cases, it is the “entity” that is the owner.
“Personal accounts” are accounts in the names of natural persons (individuals). They are to be distinguished from “non-personal accounts” which are accounts in the name of corporations, partnerships, trusts and other entities.
“Deposit Account” means any checking account, savings account, certificate of deposit, or money market account opened with the Bank.
“Financial Service” means a Deposit Account, overdraft credit account, Funds Transfer service, or any other financial product or service available through the Bank.
Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural and the plural includes the singular.
Consent to Terms and Conditions and Modifications
By submitting a Bank-approved application or using any Financial Service, you agree to the terms and conditions of this account and the Schedule of Feesthat may be imposed. The terms and conditions of this account include this Agreement, any disclosures we give you when you open your account, disclosures we give you when you use additional products and services, periodic statements, user guides, privacy statements, and any other disclosure or terms we provide you. Continued use of your account means you agree to these rules, you agree to pay the fees listed, and you give us the right to collect the fees, as earned, directly from your account balance. You are responsible for the accuracy and completeness of all information supplied to us in connection with your account and/or account services.
Modifications
The Bank may amend or change any terms of this Agreement or any account disclosures and documents provided to you. Notice of the amendment or change will be provided to you as required under applicable law.
If at any time the terms, conditions or charges associated with your account are not acceptable to you, you may terminate this Agreement by closing your account after paying any fees, penalties, or charges owed to the Bank. We may cancel or suspend your ATM or debit card or other account access device or service or this Agreement at any time.
Waivers And Precedents
Any waiver by the Bank must be approved by an authorized representative of the Bank. If a waiver is approved by the Bank, we are not obligated to provide similar waivers in the future.
Identification Notice (USA PATRIOT ACT)
To help the government fight the funding of terrorism and money laundering, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
This means that when you open an account, we may ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see other identifying documents such as driver's license or documents showing your existence as a legal entity.
Even if you have been an existing customer of ours for many years, we may ask you to provide this kind of information and documentation because we may not have collected it from you in the past or we may need to update our records.
If, for any reason, any owner is unable to provide the information necessary to verify their identity, your account(s) may be blocked or closed, which may result in additional fees assessed to the account(s).