TRUTH-IN-SAVINGS DISCLOSURE
STATEMENT SAVINGS ACCOUNT
Rate information – Your interest rate and Annual Percentage Yield may change.
Frequency of rate changes – We may change the interest rate on your account at any time.
Determination of rate – At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency – Interest will be compounded every month. Interest will be credited to your account every month.
Minimum balance to open the account – You must deposit $10.00 to open this account.
Minimum balance to avoid imposition of fees – A maintenance service charge of $5.00 will be imposed every month if the balance in the account falls below $250.00 any day of the monthly calendar period.
Minimum balance to obtain the Annual Percentage Yield disclosed – You must maintain a minimum balance of $10.00 in the account each day to obtain the disclosed Annual Percentage Yield.
Daily balance computation method – We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on non-cash deposits – Interest begins to accrue on the business day you deposit non-cash items (for example, checks).
Rate Information - If your daily balance is $10.00 or more, the interest rate paid on the entire balance in your account will be 0.03% with an Annual Percentage Yield of 0.03%.
Miscellaneous Information – Check writing is not permitted on account.
MONEY MARKET ACCOUNT
Rate information – The interest rate and Annual Percentage Yield for your account depend upon the applicable rate tier. The interest rate and Annual Percentage Yield for these tiers may change.
Frequency of rate changes – We may change the interest rate on your account at any time.
Determination of rate – At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency – Interest will be compounded every month. Interest will be credited to your account every month.
Minimum balance to open the account – You must deposit $1,000.00 to open this account.
Minimum balance to avoid imposition of fees – A maintenance service charge of $5.00 will be imposed every month if the balance in the account falls below $1,000.00 any day of the monthly calendar period.
Minimum balance to obtain the Annual Percentage Yield disclosed – You must maintain a minimum balance of $10.00 in the account each day to obtain the disclosed Annual Percentage Yield.
Daily balance computation method – We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on non-cash deposits – Interest begins to accrue on the business day you deposit non-cash items (for example, checks).
Rate Information-
Tier 1 – if your daily balance is more than $0.00 but less than or equal to $9.99 the interest rate paid on the entire balance in your account will be 0.00% with an Annual Percentage Yield of 0.00%.
Tier 2 – if your daily balance is equal to or more than $10.00 but less than or equal to $49,999.99 the interest rate paid on the entire balance in your account will be 0.20% with an Annual Percentage Yield of 0.20%.
Tier 3 – if your daily balance is equal to or more than $50,000.00 but less than or equal to $99,999.99 the interest rate paid on the entire balance in your account will be 0.25% with an Annual Percentage Yield of 0.25%.
Tier 4 – if your daily balance is equal to or more than $100,000.00 but less than or equal to $199,999.99 the interest rate paid on the entire balance in your account will be 0.30% with an Annual Percentage Yield of 0.30%.
Tier 5 – if your daily balance is equal to or more than $200,000.00 but less than or equal to $499,999.99 the interest rate paid on the entire balance in your account will be 0.45% with an Annual Percentage Yield of 0.45%.
Tier 6 – if your daily balance is equal to or more than $500,000.00 but less than or equal to $999,999.99 the interest rate paid on the entire balance in your account will be 0.50% with an Annual Percentage Yield of 0.50%.
Tier 7 –
if your daily balance is $1,000,000.00 or more, the interest rate paid on the entire balance in your account will be 0.50% with an Annual Percentage Yield of 0.50%.
CHECKING ACCOUNT
STUDENT CHECKING+
Minimum balance to open the account
– You must deposit $10.00 to open this account.
Minimum balance to avoid imposition of fees
– No maintenance service charge fees will be charged on this account regardless of the balance maintained.
Miscellaneous Information
– To qualify for this account, the account owner must be under the age of 25. A parent or legal guardian who is at least 18 years old is required to be a joint owner on the account for account owners under the age of 18 (minor) and the Student Checking+ Account Agreement must be signed by the parent/legal guardian. In lieu of opening your account online, please schedule an appointment with your financial center.
Berkshire Bank’s discretionary overdraft service, Courtesy Pay
sm, is not available. Account not eligible for check writing. Account owners under the age of 18 (minors) are not eligible for Online Bill Pay.
SPEND ACCOUNT
Rate information – Your interest rate and Annual Percentage Yield may change.
Frequency of rate changes – We may change the interest rate on your account at any time.
Determination of rate – At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency – Interest will be compounded every month. Interest will be credited to your account every month.
Minimum balance to open the account – You must deposit $10.00 to open this account.
Minimum balance to avoid imposition of fees – No maintenance service charge fees will be charged on this account regardless of the balance maintained.
Minimum balance to obtain the Annual Percentage Yield disclosed – You must maintain a minimum balance of $0.01 in the account each day to obtain the disclosed Annual Percentage Yield. See Rate Information below for additional requirements.
Daily balance computation method – We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of interest on non-cash deposits – Interest begins to accrue on the business day you deposit non-cash items (for example, checks).
Closure of the Account - If your Spend Account has a zero-dollar balance ($0.00) and maintains that balance for 70 days or more, your Account may be closed without any notice to you.
Featured Services – Identity theft protection services are available for this account. Please see Account Identity Theft Protection Services section for more information. All non-Berkshire Bank ATM Inquiry fees waived. We will reimburse up to two non-Berkshire Bank ATM Withdrawal and two Surcharge fees per statement cycle. Your surcharge (non-Berkshire Bank ATM fee) credits may be reportable to the IRS on Form 1099-MISC.
Miscellaneous Information –Courtesy Pay
sm, our discretionary service, is not available for this account.
Rate Information – In order to receive the stated Annual Percentage Yield (APY), this account must be enrolled in eStatements*.
With eStatements:
If your daily balance is $0.01 or more, the interest rate paid on the entire balance in your account will be 0.10% with an Annual Percentage Yield of 0.10%.
Without eStatements:
If your daily balance is $0.01 or more, the interest rate paid on the entire balance in your account will be 0.00% with an Annual Percentage Yield of 0.00%.
*You must enroll in Online Banking and sign up for eStatements at account opening.
Account Identity Theft Protection Services
The enclosures outline your identity theft protection services. These valuable services, including fully managed identity fraud research, remediation and recovery, are available for you to use if you experience or suspect identity fraud - even if it is not connected to your account with our financial institution. (Please refer to Terms and Conditions or visit website for more details.) Additionally, you will have access to lost document replacement services and up to $25,000 in Identity Theft Expense Reimbursement Insurance (Identity Theft Expense Reimbursement Insurance not currently offered to NY residents), should you incur and out of pocket expenses during the identity recovery process. Plus, owning a covered account provides you with an entitlement to credit monitoring with daily alerts of any changes to your credit file which may signal identity theft. The entitlement is applicable to eligible individuals age 18 and older who have a valid credit file.
Please take a moment to review the enclosed materials that explain the benefits of these identity fraud recovery services in greater detail. Access to identity fraud remediation and recovery programs have been deemed an important, essential service for consumers. Rest assured that Berkshire Bank will be here to help if the unthinkable were to happen and the personal information of you or your family is compromised or stolen.
If you have any questions, please contact any of our branch locations or our customer service center at 1-800-773-5601.
Description of the Identity Theft Services
Fully Managed Identity Fraud Research, Remediation and Recovery
If you become a victim or suspect you might be a victim of identity fraud for any reason, simply let us know. You do not have to confirm identity fraud before seeking assistance. We will put you in touch with a professional Recovery Advocate who, depending on your identity fraud incident will:
Perform research to determine the extent of the problem, including a review of all three credit reports (if appropriate)
Assist with the placement of fraud alerts with the three major credit bureaus
Write letters/make calls on your behalf to dispute fraudulent information
Coordinate with government agencies, financial institutions, creditors, etc. to resolve incidents
Work with law enforcement to help to arrest and prosecute the criminals
Follow up for 12 months after recovery
This service covers all types of identity fraud, even if it is not related to your account(s) with Berkshire Bank! Types of identity fraud covered include: credit/debit card fraud, tax fraud, employment fraud, government documents and benefits fraud, medical fraud, and any other identity fraud recognized by the Federal Trade Commission. Plus, the identity fraud recovery service extends to cover up to 3 generations of your family members!
Lost Document Replacement
If you have an important document that has been lost, stolen or destroyed as a result of an identity theft incident or information compromise, we can help! Just let us know and we will refer you to a professional Recovery Advocate who will work with you to replace your missing documents, including credit/debit cards, birth certificate, passport, professional licenses, driver's license, etc. Your Recovery Advocate will work with you to contact creditors, cancel the compromised information, and obtain replacement documents.
Identity Theft Expense Reimbursement Insurance – up to $25,000*
Expense Reimbursement Insurance is available to cover out of pocket expenses incurred during the identity recovery process up to a maximum of $25,000. Examples of covered expenses include attorneys’ fees, costs of additional credit reports, long distance telephone calls, postage and handling fees, fees for notarizing affidavits, and document and filing fees for grants or credit applications rejected as a result of a stolen identity event. Lost wages due to time off from work are also covered.
For a list of complete terms and conditions for the Identity Fraud Recovery services, and to review the Identity Theft Expense Reimbursement Insurance Evidence of Coverage, please visit our website at www.berkshirebank.com.
Entitlement to Credit Monitoring
Owning a covered account provides you with an entitlement to credit monitoring with up to daily alerts of any changes to your credit file which may signal identity theft. The entitlement is applicable to individuals age 18 and older who have a valid credit file. You may choose whether or not you use this entitlement to obtain the credit monitoring service. There is no cost to you for taking advantage of this offer either now or nor in the future. When you become eligible for this service, you will receive an email from our partner company providing instructions for activation, or you may visit our website at
www.berkshirebank.com for more information.
* Identity theft insurance is underwritten by Lyndon Southern Insurance Company, a member of the Fortegra family of companies. The information provided is a program summary. Please refer to the Identity Theft Expense Reimbursement Evidence of Coverage forms for additional information including details of benefits, specific exclusions, terms, conditions and limitations of coverage. Coverage is currently not available in NY and may not be available in other U.S. territories or jurisdictions.
LYNDON SOUTHERN INSURANCE COMPANY
[Administrative Office: 100 West Bay Street, Jacksonville, FL 32202]
[(800) 888-2738]
Identity Theft Expense Reimbursement Evidence of Coverage
DEFINITIONS: Throughout this document, “You” and “Your” refer to the individual or Family Member who is a covered accountholder of Berkshire Bank as defined by the terms and conditions for evado|PROTECT Plus℠. The covered account must be active. “We” and “Us” refer to Lyndon Southern Insurance Company. In addition, when in bold certain words and phrases are defined as follows:
Administrator means SOURCE INTERNATIONAL, INC. You may contact them if you have questions regarding this coverage or would like to make a claim. They can be reached by phone at 888-663-1536, mail at ID THEFT, 712B North Pine Avenue, Green Cove Springs, FL 32043, or email at
[email protected]
Coverage Period means the period starting on the Coverage Effective Date. Coverage will continue for as long as Your covered account is active. (This standing is defined by the terms and conditions for evado|PROTECT Plus℠.) Coverage will stop if You or evado|PROTECT Plus℠ cancel Your covered account.
Domestic Partner means an unmarried person in an intimate, committed relationship of mutual caring. They must share responsibility for basic living expenses with You. They must be at least eighteen (18) years old and not currently married and/or committed to another person.
Evidence of Coverage (EOC) means this document. It describes the terms, conditions, and exclusions. The EOC is the entire agreement between You and Us. Representations or promises made by anyone that are not contained in this EOC are not a part of Your coverage.
Family Member means spouse or domestic partner or the member and includes dependents under the age of 25 who have the same permanent address. Any handicapped adult living in the same household who requires assistance from the family to manage their affairs, and parents (mother or father) of the member who have the same permanent address as the member, or who are registered in a senior assisted living facility, skilled nursing home, hospice, or who have been deceased for twelve months or less.
Identity Theft means the use of Your name, address, Social Security number (SSN), bank or credit card account number, or other identifying information without Your knowledge to commit fraud or other crimes.
Identity Theft Expenses mean the following:
Legal Expenses: Reasonable and necessary attorney fees or court costs associated with defending any suit brought against You by merchants, financial institutions or other credit grantors, or their collection agencies, or the removal of any criminal or civil judgment wrongly entered against You as a result of Identity Theft;
Lost Wages: Actual U.S. wages or salary You lose as a direct result of time off work taken by You to report or address the effects of Identity Theft;
Miscellaneous: Loan applications fees, long distance telephone costs, mailing and postage costs, costs of having affidavits or other documents notarized. Costs to purchase up to four (4) credit reports from any of the three major credit bureaus (Experian, Equifax, or TransUnion). The credit reports may be purchased only after the Identity Theft has occurred and for the purpose of correcting inaccuracies that occur as a result of Identity Theft.
Coverage Effective Date means the date You were advised that coverage was effective by Berkshire Bank.
COVERAGE AGREEMENT
We will reimburse You or a Family Member for Identity Theft Expenses You incur as a result of an Identity Theft incident that occurs or was first known to You during the Coverage Period. Coverage is secondary to any other applicable insurance or coverage available to You. This EOC is not transferable to another person or entity.
LIMITATIONS
Coverage is limited to Your actual Identity Theft Expenses, not to exceed a total of $25,000. Coverage is further limited to
$500.00 USD per week, for up to four (4) weeks for Lost Wages.
There is a limit of one (1) Identity Theft incident per twelve (12) month period.
DEDUCTIBLE
There is a $0.00 USD deductible per claim.
EXCLUSIONS
Coverage does not apply to:
Any Identity Theft Expense not listed in “DEFINITIONS”;
Any act of theft, deceit, collusion, dishonesty or criminal act by You or any person acting in concert with You, or by any authorized representative of You, whether acting alone or in collusion with You or others;
Damages or losses arising from the theft or unauthorized or illegal use of Your business name, d/b/a/ or any other method of identifying Your business activity;
Any lost wages due to sickness or emotional breakdown;
Damages or losses of any type for which the credit card company, bank, creditor, etc. is legally liable;
Identity Theft Expenses that were incurred or commenced from a known Identity Theft incident that occurred prior to the Coverage Period;
Damages or losses of any type resulting from fraudulent charges or withdrawal of cash from a debit or credit card or financial/bank/investment account;
Any incident involving a loss or potential loss not notified to the relevant police authority within seventy-two (72) hours from the date You had knowledge of the loss;
Fees or costs associated with the use of any investigative agencies or private investigators.
Identity Theft caused by a family member.
WHAT TO DO IF YOU ARE A VICTIM OF IDENTITY THEFT
Contact NXG Strategies at 615-823-1311 and select “customer service” for assistance upon discovery of Your Identity Theft problem.
Notify the Administrator within ten (10) days of discovery of Your Identity Theft problem.
Notify the police in Your local jurisdiction within seventy-two (72) hours from the date You had knowledge of the Identity Theft loss. Obtain a copy of the police report, if available.
HOW TO FILE A CLAIM
To file a claim, You or a Family Member must contact the Administrator by phone or email within thirty (30) days of the date of the Identity Theft. Otherwise, the claim may be denied. A claim form will be sent to You. The fully completed claim form must be returned to the Administrator at ID THEFT, 712B North Pine Avenue, Green Cove Springs, FL 32043 with:
Completed and signed claim form.
Proof that a fraud alert was placed with each major credit bureau (Experian, Equifax, TransUnion, etc.) immediately after discovery of Identity Theft;
Copy of the complaint filed with the Federal Trade Commission (FTC);
Copy of settlement reached by each party (creditors, collection agency, banks, etc.) involved with Your Identity Theft incident;
Copy of a police report from Your local jurisdiction;
Copy of all receipts, bills or other records that support the Identity Theft Expenses incurred by You;
Any other documentation that may be reasonably requested to validate a claim.
All these required items, including the claim form, must be postmarked within sixty (60) days of the date of the loss. Otherwise, the claim may be denied.
GENERAL PROVISIONS
Coverage is provided under a Group Policy issued by Lyndon Southern Insurance Company. This EOC is a summary of benefits provided to You.
Cancellation and Non-Renewal. MEMBERS LOYALTY TRUST, NXG-Berkshire Bank, or Lyndon Southern Insurance Company can cancel or choose not to renew this coverage upon the expiration of coverage. If this happens, NXG-Berkshire Bank will notify You at least sixty (60) days in advance of the expiration of this coverage. Such notices need not be given if substantially similar replacement coverage takes effect without interruption and is provided by the same insurer. If the Group Policy for this EOC is canceled or non-renewed by either MEMBERS LOYALTY TRUST or Lyndon Southern Insurance Company, the coverage benefits will continue to be in force for the period for which premium has already been paid to Lyndon Southern Insurance Company.
Claims. Benefits payable under this EOC for any Identity Theft Expenses will be paid upon receipt of due proof of the Identity Theft, and all required information necessary to support the claim.
Misrepresentation and Fraud. Coverage for You or a Family Member may be cancelled if You or a Family Member have concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof, or the interest of You or a Family Member therein. Coverage may also be cancelled if You or a Family Member commit fraud or false swearing in connection with any of the above.
Other Insurance. Coverage is secondary to any other applicable insurance or indemnity available to You or a Family Member. Coverage is limited to only those amounts not covered by any other insurance or indemnity. It is subject to the conditions, limitations, and exclusions described in this document. In no event will this coverage apply as contributing insurance. This Other Insurance clause will take precedence over a similar clause found in other insurance or indemnity language.
Legal Actions. No action at law or in equity shall be brought to recover under this EOC prior to the expiration of sixty (60) days after proof of the Identity Theft has been furnished in accordance with the requirements of this coverage.
Subrogation. If payment is made under this EOC, we are entitled to recover such amounts from other parties or persons. You must transfer to Us Your rights to recovery against any other party or person. You must also do everything necessary to secure these rights and must do nothing that would jeopardize them, or these rights will be recovered from You.
Dispute Resolution. evado|PROTECT Plus℠ benefits are subject to the terms and conditions outlined and include certain restrictions, limitations, and exclusions. In the event of any conflict between the EOC and the Group Policy, the Group Policy will govern. The Group Policy is on file at the offices of the Administrator. The EOC shall be interpreted and enforced according to the laws of the state of Delaware.
Terms and Conditions of Group Identity Fraud Detection and Recovery Services
Consumers who are eligible for the group identity fraud detection and recovery service (“Services”) include all named accountholders who participate in a covered Account with Berkshire Bank (“Eligible Consumer”). This is known as the “Eligibility Requirement”. Berkshire Bank is hereinafter referred to as the “Program Sponsor”.
The Services are offered through a group services agreement (“Group Program”) with the Program Sponsor and the Service Provider and are extended to Eligible Consumers and, unless otherwise stated, their eligible family members described as “3G Family” below. Eligible Consumers and 3G family are collectively referred to as “Group Members”.
“3G Family” is defined as the Eligible Consumer, and his/her spouse or domestic partner, dependents in the household up to age 25, other IRS-qualified dependents in the household, and parents living at the same address as the consumer, or living in hospice, assisted living, or nursing home. Group Members are eligible for the Services for up to 12 months after death.
Access to the Services (“Benefits Period”) begins when the Eligible Consumer first meets the Eligibility Requirement, and ends when the Eligible Consumer no longer meets the Eligibility Requirement or when Program Sponsor terminates the Group Program, whichever occurs first. You may find additional information about the Services at www.berkshirebank.com.
The Services provide professionals to manage the detection, investigation, and remediation of incidents of identity fraud caused by Identity Theft. “Identity Theft” is defined as fraud that involves the use of any combination of a Group Member’s name, address, date of birth, Social Security number, bank or credit/debit card account number, or other identifying information without the knowledge of the Group Member, and such information is used to commit fraud or other crimes. Only Identity Theft incidents that are discovered and reported to the Program Sponsor or the Service Provider during the Benefits Period will be covered by the Services.
Group Members have been pre-registered with the Service Provider (typically name and email address only) for the sole purpose of enabling Eligible Consumers to activate their entitlement to credit monitoring services (“Credit Monitoring Entitlement”). The Service Provider will not ask for any payment nor is there any cost to Eligible Consumers now or in the future for utilizing the Credit Monitoring Entitlement. 3G Family members are NOT eligible for the Credit Monitoring Entitlement. Regardless of status as an Eligible Consumer, the Credit Monitoring Entitlement is applicable only to individuals age 18 and older who have a valid credit file. The Eligible Consumer must proactively activate their Credit Monitoring Entitlement to receive the benefit of credit monitoring. If an Eligible Consumer does not utilize the Credit Monitoring Entitlement, it does not prevent the Eligible Consumer from utilizing the other Services, nor does it constitute a failure of the Services. Online activation and toll-free telephone assistance are available to help Eligible Consumers activate the Credit Monitoring Entitlement.
The Services include reimbursement for expenses incurred in identity theft recovery up to the limit of $25,000 for Eligible Consumers and qualifying family members. Identity theft insurance is underwritten by Lyndon Southern Insurance Company, a member of the Fortegra family of companies. The information provided is a program summary. Please refer to the Identity Theft Expense Reimbursement Evidence of Coverage forms for additional information including details of benefits, specific exclusions, terms, conditions and limitations of coverage. Coverage is currently not available in NY and may not be available in other U.S. territories or jurisdictions. More information can be found at www.berkshirebank.com.
The Services may assist the Group Member in seeking reimbursement for funds stolen in the Identity Theft incident, and/or providing assistance for filing a claim for insurance, but do not provide a guarantee of reimbursement for financial losses of any kind arising from the Identity Theft incident.
The Services are non-transferable and non-cancelable by the Group Member and have no cash equivalent. There is no fee for using the Services; however, the account or service to which the Eligibility Requirement is attached may have a fee, based on the provisions of the account/service agreement that the Eligible Consumer has with the Program Sponsor.
Neither the Program Sponsor nor its contracted Service Provider can be held responsible for failure to provide or for delay in providing the Services when such failure or delay is caused by conditions beyond the control of the Program Sponsor and its Service Provider.
The successful completion of the Services described herein depends on the cooperation of the Group Member. The Services may be refused or terminated if it is deemed that the Group Member is committing fraud or other illegal acts, making untrue statements, or failing to perform his/her responsibilities as part of the Services, or has obtained the Services knowingly without meeting the Eligibility Requirement. The Services will not be refused or terminated due to the complexity of an identity fraud case.
THE SERVICES DO NOT INCLUDE CREDIT COUNSELING OR REPAIR TO CREDIT NOT AFFECTED BY FRAUD OR IDENTITY THEFT.
The Services are only available to residents of the United States. The Services are performed with agencies and institutions in the United States, or territories where U.S. law applies.
To access the Services, Group Members can contact the local branch office of their Program Sponsor or call 1-866-762-7868.
The Services are offered through an Agreement with NXG Strategies, LLC, www.nxgstrategies.com. Other Service Providers are subject to change and include Merchants Information Solutions, Inc., www.merchantsinfo.com, and TransUnion®, www.transunion.com. Collectively these organizations are referred to as the “Service Provider”.
TERMS AND CONDITIONS OF YOUR ACCOUNT
CONSUMER DISCLOSURE
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.
AGREEMENT
This document, along with any other documents, including the Courtesy Pay Disclosure and Overdraft Opt-In Form we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully and retain it for future reference. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, A JURY TRIAL WAIVER, A CLASS ACTION AND CLASS ARBITRATION WAIVER. IT IS IMPORTANT THAT YOU READ THESE DISPUTE RESOLUTION PROVISIONS CAREFULLY.
If you sign the signature card or open or continue to use the account, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us.
This agreement is subject to applicable federal laws, the laws of the state in which your account is located and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws).
Here's how we determine in which state your account is located:
If you opened your account in person, your account is located in the state where you opened it;
If you opened your account online or by other remote means, and you reside in a state where we have a branch office at the time your account is opened, it is located in that state; but if you reside in a state where we do not have a branch office at the time your account is opened, your account will be located in Massachusetts. The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here.
The purpose of this document is to:
summarize some laws that apply to common transactions;
establish rules to cover transactions or events which the law does not regulate;
establish rules for certain transactions or events which the law regulates but permits variation by agreement; and give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect (except as otherwise provided in the Arbitration Agreement section). We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document. Nothing in this document is intended to vary our duty to act in good faith and with ordinary care when required by law.
As used in this document the words "we," "our," and "us" mean the financial institution and the words "you" and "your" mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. However, this agreement does not intend, and the terms "you" and "your" should not be interpreted, to expand an individual's responsibility for an organization's liability. If this account is owned by a corporation, partnership or other organization, individual liability is determined by the laws generally applicable to that type of organization. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.
Throughout this document, when a provision is identified as being applicable to a certain state (for example, "in New Jersey"), it means that the provision in that section is only applicable if your account is held at a branch located in that particular state. Any provision which is not described as applying to a particular state, applies to your account.
LIABILITY
You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement.
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. Except as otherwise provided in the Arbitration Agreement section, you will be liable for our costs as well as for our reasonable attorneys' fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or a third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys' fees can be deducted from your account when they are incurred, without notice to you.
DEPOSITS
We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn "on us"). Before settlement of any item becomes final, we act only as your agent, regardless of the form of indorsement or lack of indorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item deposited to your account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing indorsement, claim of alteration, encoding error, counterfeit cashier’s check or other problem which in our judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. If you deliver a deposit to us and you will not be present when the deposit is counted, we ask that you provide us an itemized list of the deposit (deposit slip). To process the deposit, we will verify and record the deposit, and credit the deposit to the account. If we discover a discrepancy in any deposit, we will review the deposit and adhere to the following: Any discrepancies that would create a credit to your account will be reconciled regardless of the dollar amount. Any discrepancies that would create a debit to your account will be reconciled if difference is $1.00 or more. We will adjust your account by issuing a debit or credit to resolve the difference. You will be entitled to credit only for the actual deposit as determined by us, regardless of what is stated on the itemized deposit slip. We will treat and record all transactions received after our "daily cutoff time" on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third- party check or draft for deposit, we may require any third-party indorsers to verify or guarantee their indorsements, or indorse in our presence.
WITHDRAWALS
Generally - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us.
Postdated checks - A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. Because we process checks mechanically, your notice will not be effective and we will not be liable for failing to honor your notice unless it precisely identifies the number, date, amount and payee of the item.
Checks and withdrawal rules - If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on the account until your identity is verified.
Even if we honor a nonconforming request, we are not required to do so later.
If we are presented with an item drawn against your account that would be a "substitute check," as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item.
See the funds availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds.
Cash withdrawals - We recommend you take care when making large cash withdrawals because carrying large amounts of cash may pose a danger to your personal safety. As an alternative to making a large cash withdrawal, you may want to consider a cashier's check or similar instrument. You assume full responsibility of any loss in the event the cash you withdraw is lost, stolen, or destroyed. You agree to hold us harmless from any loss you incur as a result of your decision to withdraw funds in the form of cash.
Multiple signatures, electronic check conversion, and similar transactions
An electronic check conversion transaction is a transaction where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulation. In these types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no opportunity to review the signatures or otherwise examine the original check or item. You agree that, as to these or any items as to which we have no opportunity to examine the signatures, you waive any requirement of multiple signatures.
Cashing of checks - Typically, the Bank will cash checks drawn on other banks for its customers who have adequate available funds in their account(s). If any such check should be returned by the paying bank for any reason (Deposit Return Item (DRI)), the Bank will charge you a fee (see Common Features Fee Schedule). In addition, the Bank will debit the amount of the returned check from your account(s). If the debit creates an overdraft in your account, you will owe us the amount of the overdraft plus any overdraft fees (see Common Features Fee Schedule).
Notice of Withdrawal
In Connecticut, Massachusetts, New York, Pennsylvania, Rhode Island and Vermont, Notice of withdrawal - We reserve the right to require not less than 7 days' notice in writing before each withdrawal from an interest-bearing account other than a time deposit or demand deposit, or from any other savings account as defined by Regulation D. (The law requires us to reserve this right, but it is not our general policy to use it.) Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal.
In New Jersey, Notice of withdrawal - We may require not less than 7 days' notice in writing before each withdrawal from an interest- bearing account other than a time deposit or demand deposit, or from any other savings account as defined by Regulation D. At the present time, we do not require such notice. If we do require such notice at some time in the future, we will apply that requirement to all such accounts. Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and may be subject to penalty. See your notice of penalty for early withdrawal.
UNDERSTANDING AND AVOIDING OVERDRAFT AND NONSUFFICIENT FUNDS (NSF) FEES -
Generally - This section provides information about the Bank’s overdraft practices. Please review this section and the Bank’s Courtesy Pay Disclosure carefully to help you avoid overdrafts and Overdraft Fees, UAF Overdraft Fees and NSF Return Item Fees.
Determining your available balance - Your available balance is the amount of money in your account that you can use without causing an overdraft. Your available balance includes all credits and debits that have posted to your account, and is reduced by any “holds” on your account, including authorization holds and deposit holds. Funds subject to a hold, dispute or legal process are not included in your available balance.
Authorization holds: When you use your debit card to make a purchase, there is often a delay between the date you initiate (and we authorize) the transaction, and the date the merchant submits it to us for payment. The Bank places a hold on your account for any authorized debit card transaction at the time we authorize it until we pay it. The amount of the hold will be the amount we have authorized, based on the request we receive from the merchant, or as permitted under applicable payment network rules. If an authorized transaction is not presented to the Bank for payment within three (3) business days after we first apply the hold, we will release the hold from your account.
Authorization holds reduce your available balance. An authorization hold can result in Overdraft Fees, UAF Overdraft Fees or NSF Return Item Fees if additional items are presented for payment that exceed the reduced available balance resulting from the hold. See Courtesy Pay Disclosure for examples of how authorization holds can result in fees.
Deposit holds: Please read our Funds Availability Policy for a detailed discussion of how and when we make funds available to you. If you withdraw funds before they become available, you may incur an UAF Overdraft Fee.
Overdrafts - We use your available balance to determine whether an overdraft has occurred (i.e., whether your account is overdrawn). If your available balance is insufficient to pay an item when it is processed and posted in the order set forth below, we may, in our sole discretion, pay the item (creating an overdraft) or return the item unpaid (NSF). We have no obligation to permit overdrafts on your account and a decision to do so for some transactions does not require us to do so for later transactions. We are not liable to you or any third party for our decision to either pay or return an item that exceeds your available balance. You agree that we may charge fees for overdrafts and return items. We may charge you an Overdraft Fee if we pay an item that exceeds your available balance. We may charge you a UAF Overdraft Fee if we pay an item that exceeds the funds available to you due to a hold on a deposit (see Funds Availability Policy for more information). We may charge you an NSF Return Item fee if we return an item unpaid due to an insufficient available balance. Please be aware that third parties sometimes re-submit (This may also be known as representment) items that we return unpaid. You agree that if any item is presented again after having previously been returned unpaid by us, an Overdraft Fee, UAF Overdraft Fee or NSF Return Item Fee may be assessed each time the item is presented for payment and your available balance is insufficient to pay the item.
The amounts of our Overdraft Fees, UAF Overdraft Fees and NSF Return Item Fees are disclosed in our Common Features Fee Schedule. We will not charge more than five (5) Overdraft Fees, UAF Overdraft Fees, and NSF Return Item Fees, in total, on any one business day. In addition, we will not charge an Overdraft Fee or UAF Overdraft Fee for paying into overdraft a debit transaction that is less than $4.49. You will not be charged fees for overdrafts caused by ATM withdrawals or everyday debit card transactions unless you have opted in to overdraft services for those transaction types (see Overdraft Opt-In Form).
You agree to immediately repay the amount of any overdraft on your account. If your account remains overdrawn for five consecutive business days, you will be charged a Continuous OD (Overdraft) Fee on the fifth such day, and each fifth business day thereafter, up to a maximum of five (5) charges, until you bring your account to a positive balance. Other Bank fees (including but not limited to Overdraft, UAF Overdraft and NSF Return Item Fees) can result in a negative balance, which can lead to the assessment of a Continuous OD Fee. The Continuous OD Fee is in addition to Overdraft, UAF Overdraft or NSF Return Item Fees that are assessed to your account for overdrafts or returned items. You agree to immediately pay the amount of any Overdraft Fee, UAF Overdraft Fee, NSF Return Item Fee, or Continuous OD Fee charged to your account. If your deposit account is a joint account, all account owners agree that these repayment obligations are joint and several, regardless of which one of you may have initiated the transaction(s) that resulted in an overdraft or return item. You agree that the Bank may apply any funds in your account to cover overdrafts and fees, including any subsequent deposit to your account (including deposits of payroll and government benefits). We offer alternatives to our standard overdraft service that may be less expensive, such as an overdraft protection line-of-credit or a plan to sweep funds from another account you have with us. Please ask us about those alternatives if you are interested.
Payment order of items - At the end of each business day, we process and post items to your account. When we “post” transactions, “credits” (deposits or any other credit to your account) are added to your available balance and “debits” (withdrawals and fees) are subtracted from your available balance. “Posting” a debit means the same as the Bank “paying” the debit. Some debit transactions are “authorized” before they post, and the amount of the authorization, also referred to as a “hold,” is subtracted from your available balance before the debit posts, as explained above and in the Courtesy Pay Disclosure.
We currently process and post items to your account at the end of each business day, as follows:
(1)First, we add to your available balance deposits or other credits that have become available to you that business day in accordance with our Funds Availability Policy.
(2)Next, we subtract from your available balance the amount of any holds for debit transactions that have been authorized but not yet presented to the Bank for payment.
(3)We then subtract from your available balance items presented to the Bank for payment against your account in categories by type of transaction. Below is a description of the categories of items paid from your account, in the order they are posted to your account:
i. Bank fees (except as described in (viii) below), including but not limited to, Overdraft Fees, UAF Overdraft Fees and NSF Return Item Fees incurred on the prior business day’s overdraft items;
ii. Wire transfers;
iii. Debit card purchases and ATM withdrawals;
iv. In-person withdrawals and checks cashed at a Berkshire branch, transfers to other Berkshire accounts, payments and transfers initiated via Online Banking, and returned deposit items;
v. ACH transactions;
vi. Checks not presented in-person at a Berkshire branch;
vii. Other debits;
viii. Bank fees and service charges assessed at the end of the monthly statement cycle, including for example, but not limited to, Monthly Maintenance Service Charges and Below Minimum Balance Service Fees.
For the above-listed categories (ii), (iii) and (iv), we post items, within each category, in the order the transactions were presented to the Bank (time stamped). For debit card purchases and ATM withdrawals, we order transactions based on the time of authorization. If two or more items have the same time stamp, we post the items in low-to-high order by amount. If one or more items within categories (ii), (iii) or (iv) do not have time stamps, the items post, within their respective category, after all items with a time stamp, in low-to-high order. For above-listed categories (v), (vi) and (vii), we post items, within each category, in low-to-high order. We may change our payment order at any time. We will provide you with notice of such changes as required by applicable law. The order in which items are processed and posted to your account may affect the total amount of Overdraft Fees, UAF Overdraft Fees or NSF Return Item Fees you may incur. Your account statement does not necessarily report debit and credit transactions in the order that they occurred or in the order that they were posted to your account.
In Massachusetts, CHAPTER 167D ACCOUNTS
Except as indicated below, we do not intend to subject your account to (i) a service, maintenance or similar charge, (ii) a minimum balance requirement, (iii) a charge for a check, deposit or withdrawal, or (iv) a fee for the initial order or subsequent refills of the basic line of checks offered by us if you qualify for the minor or senior citizen fee exemption under Chapter 167D of Massachusetts General Laws. You should notify us if you or your spouse qualify so that we may administer your account accordingly. Despite this exemption, we may assess a fee for certain services in accordance with our published service charge schedule, including stop payment orders, wire transfers, certified or bank checks, money orders and deposit items returned, transactions at electronic branches and through other electronic devices, and services not directly associated with the deposit, withdrawal or transfer of funds from any such account; and we may assess you a reasonable charge when payment has been refused because of insufficient funds on any check or other transaction on the account (as permitted by law).
FOREIGN CURRENCY AND INTERNATIONAL WIRE TRANSFERS
Actual credit to your account for deposits of, or amounts payable to your account in, foreign currency will be made in U.S. dollars at our exchange rate for the applicable foreign currency in effect on the date of final collection of funds, and actual debits to your account for withdrawals of, or amounts payable from your account in, foreign currency will be made in U.S. dollars at our exchange rate for the applicable foreign currency in effect on the date you initiate the debit transaction. Our exchange rate for such foreign currency transactions, including those made by wire, may include a spread or markup as compensation to us for services provided in connection with such transactions and we may earn revenue on the exchange.
OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION
In Connecticut, OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We reserve the right to refuse some forms of ownership on any or all of our accounts. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship (And Not As Tenants In Common) - is an account in the name of two or more persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.
Joint Account - No Survivorship (As Tenants In Common) - is owned by two or more persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the "number of signatures" necessary for withdrawal.
Revocable Trust Account - If you create such an account, the beneficiary cannot withdraw unless: (1) the person creating the account dies, and (2) the beneficiary is then living. The person creating this account type reserves the right to: (1) change the beneficiary, (2) change account types, and (3) withdraw all or part of the account funds at any time.
In Massachusetts, OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We reserve the right to refuse some forms of ownership on any or all of our accounts. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship (And Not As Tenants In Common) - is an account in the name of two or more persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.
Revocable Trust Account - One or two of you (called trustees) may create such an account in trust for other persons. Payments may be made to the trustee, or if there are two trustees, to either or both of the trustees or the survivor. Upon the death of the trustee or the death of both trustees, payment may be made to the person or persons who survive the death of the last surviving trustee in an equal portion of the funds for whom the trust was made, or that person's legal representative.
In New Jersey, ALL PERSONAL ACCOUNTS - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Individual Account - is an account in the name of one person.
As used in this agreement, "party" means a person who has a present right, subject to request, to payment from the account. A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to them by reason of their surviving the original payee or trustee. Unless the context indicates otherwise, "party" includes a guardian, conservator, personal representative or assignee, including an attaching creditor, of a party. It also includes a person identified as a trustee of an account for another whether or not a beneficiary is named, but it does not include any named beneficiary unless they have a present right of withdrawal.
Multiple-Party Accounts (joint accounts, trust accounts, and pay-on- death accounts) - A multiple-party account is one with more than one party, or a trust or pay-on-death (P.O.D.) account. Any party to this agreement may withdraw all or any portion of the account balance unless otherwise indicated on the account records. Such accounts are subject to the Multiple Party Deposit Account Act, New Jersey Statutes Annotated (NJSA) § 17:16I-1 et seq. (P.L. 1979 c. 491), and we will not be liable because of any payments made pursuant to the Act. We may make payment from this account, including payment of the entire account balance, (i) pursuant to any statutory or common law right of setoff, levy, attachment or other valid legal process or court order, relating to the interest of any one or more of the parties; and (ii) on request to a trustee in bankruptcy, receiver in any state or Federal insolvency proceeding, or other duly authorized insolvency representative of any one or more of the parties. The financial institution is not required to determine net contributions. Each party owns their net contribution to the account. In the absence of proof of net contribution, and unless the parties have specifically agreed otherwise, each party will own an equal share of this account. Ownership of a multiple-party account cannot be changed by will.
Joint Account - With Survivorship (And Not As Tenants In Common) - is owned by two or more parties. Upon the death of a party: (a) where there is only one surviving party, the entire account will belong to the survivor; (b) where there are two or more surviving parties, each party will continue to own their proportionate share as joint tenants with survivorship and not as tenants in common. The portion of the account owned by the deceased party will be shared equally by the survivors.
Joint Account - No Survivorship (As Tenants In Common) - is owned by two or more parties, but none of you intend (merely by opening this account) to create any right of survivorship in any other party. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the "number of signatures" necessary for withdrawal.
Revocable Trust or Pay-On-Death Account - If two or more of you create such an account, you own the account jointly with survivorship. Beneficiaries or P.O.D. payees cannot withdraw unless: (1) all parties creating the account die, (2) the beneficiary/P.O.D. payee is then living, and (3) we are not otherwise required by New Jersey law to make payment to a parent, custodian, or guardian. If two or more beneficiaries/P.O.D. payees are named and survive the death of all parties creating the account, such beneficiaries/P.O.D. payees will own this account in equal shares, without right of survivorship. The party(ies) creating either of these account types reserves the right to: (1) change beneficiaries/P.O.D. payees, (2) change account types, and (3) withdraw all or part of the account funds at any time.
In New York, OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We reserve the right to refuse some forms of ownership on any or all of our accounts. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship (And Not As Tenants In Common) - is owned by two or more persons. Deposits and any additions to the account are the property of the owners as joint tenants with right of survivorship. This means that we may release the entire account to any owner during the lifetime of all owners. We may honor withdrawal requests (including checks or other orders)) from any owner during the lifetime of all owners. We may be required to release money in the account to satisfy a judgment against or other valid debt incurred by any owner. We may honor withdrawal requests (including checks or other orders)) from any surviving owner after the death of any owner, and may treat the account as the sole property of the surviving owner(s). Unless an owner directs us by written notice not to honor the withdrawal request (including checks or other orders)) of an owner we will not be liable for doing so. After we receive such a notice, we may require written authorization of any or all joint owners for any further payments or deliveries.
Joint Account - No Survivorship (As Tenants In Common) - is owned by two or more persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the "number of signatures" necessary for withdrawal.
Convenience Account - governed by New York Banking Law § 678. See separate disclosure.
Revocable Trust Account - If two or more of you create such an account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating this account type reserve the right to: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time.
In Pennsylvania, any provision that appoints us as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). By exercising any of our rights under this agreement, we do so for our sole benefit.
In Pennsylvania, OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship (And Not As Tenants In Common) - is an account in the name of two or more persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.
Joint Account - No Survivorship (As Tenants In Common) - is owned by two or more persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the "number of signatures" necessary for withdrawal.
Revocable Trust Account - If two or more of you create such an account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating this account type reserve the right to: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time.
In Rhode Island, OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship (And Not As Tenants In Common) - is an account in the name of two or more persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.
Joint Account - No Survivorship (As Tenants In Common) - is owned by two or more persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the "number of signatures" necessary for withdrawal.
Revocable Trust Account - If two or more of you create such an account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating this account type reserve the right to: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time.
In Vermont, OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We reserve the right to refuse some forms of ownership on any or all of our accounts. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship (And Not As Tenants In Common) - is an account in the name of two or more persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as joint tenants with survivorship and not as tenants in common.
Revocable Trust or Pay-On-Death Account - If two or more of you create such an account, you own the account jointly with survivorship.
Pay-On-Death Beneficiaries: Beneficiaries cannot withdraw unless: (1) ninety (90) days have passed since the last surviving account holder died, (2) the beneficiary is then living, and (3) within the 90- day period we are not served with process by the account holder's personal representative or with an order from the probate court prohibiting payment. If two or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will own this account in equal shares, without right of survivorship.
Revocable Trust Only: At the death of the surviving Trustee, the deposit or any part thereof, with the interest thereon, may be paid to the person for whom the deposit was made, or to their estate. The person(s) creating either of these account types reserves the right to: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time.
BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS
Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. You represent that you have the authority to open and conduct business on this account on behalf of the entity. We may require the governing body of the entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the governing body of the entity.
STOP PAYMENTS
In Connecticut, Massachusetts, New Jersey, Pennsylvania, Rhode Island and Vermont, STOP PAYMENTS - Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules.
We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because stop-payment orders are handled by computers, to be effective, your stop-payment order must precisely identify the number, date, and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires. A release of the stop-payment request may be made only by the person who initiated the stop-payment order.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys' fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop- payment order.
Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).
In New York, STOP PAYMENTS - Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules.
A stop-payment order must be given in the manner required by law and must be received in time to give us a reasonable opportunity to act on it. When you place your stop-payment order we will tell you what information we need to stop payment. This information must be exact since stop-payment orders are handled by computers. If your information is not exact your order will not be effective and we will not be responsible for failure to stop payment. We will honor a stop-payment request by the person who signed the particular item, and, by any other person, even though such other person did not sign the item.
Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your stop- payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires. A release of the stop- payment request may be made only by the person who initiated the stop-payment order.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys' fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop- payment order.
TELEPHONE TRANSFERS
A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing.
CHECKING ACCOUNT ORGANIZATION
All Berkshire Bank checking accounts consist of a checking sub-account and a savings sub- account. The Bank may periodically transfer funds between these two sub-accounts. If your account is a plan on which interest is paid, your interest calculation will remain the same. Otherwise, the savings sub- account will be non-interest bearing. The savings sub-account will be governed by the rules governing our other savings accounts. This process will not affect your available balance, the interest you may earn, FDIC insurance protection, or your monthly statement.
AMENDMENTS AND TERMINATION
We may change any term of this agreement. Rules governing changes in interest rates are provided separately in the Truth-in-Savings disclosure or in another document. For other changes, we will give you reasonable notice in writing or by any other method permitted by law. We may also close this account at any time upon reasonable notice to you and tender of the account balance personally or by mail. Items presented for payment after the account is closed may be dishonored. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be paid from the account. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, 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. If we have notified you of a change in any term of your account and you continue to have your account after the effective date of the change, you have agreed to the new term(s) (except as otherwise provided in the Arbitration Agreement section).
NOTICES
Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the check or item, including the precise check or item number, amount, date and payee. Written notice we give you is effective when it is deposited in the United States Mail with proper postage and addressed to your mailing address we have on file. In Connecticut, Massachusetts, New Jersey, New York, and Vermont, notice to any of you is notice to all of you.
STATEMENTS
In Connecticut, Massachusetts, New Jersey, Pennsylvania, Rhode Island and Vermont, STATEMENTS - Your duty to report unauthorized signatures, alterations and forgeries - You must examine your statement of account with "reasonable promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.
You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.
Your duty to report other errors or problems - In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error or problem - such as an encoding error or an unexpected deposit amount. In addition, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing indorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.
Errors relating to electronic fund transfers or substitute checks - For information on errors relating to electronic fund transfers (e.g., computer, debit card or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.
Duty to notify if statement not received - You agree to immediately notify us if you do not receive your statement by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your account, such as possible fraud or identity theft.
In New York, STATEMENTS - Your duty to report unauthorized signatures, alterations and forgeries - You must examine your statement of account with "reasonable care and promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to bear the entire loss. Your loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer. We lose these protections if you establish that we failed to exercise ordinary care in paying an item with an unauthorized signature or alteration.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.
You further agree that if you fail to report any unauthorized signatures, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.
Your duty to report other errors or problems - In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error or problem - such as an encoding error or an unexpected deposit amount. In addition, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing indorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.
Errors relating to electronic fund transfers or substitute checks - For information on errors relating to electronic fund transfers (e.g., computer, debit card or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on consumer liability and error resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.
Duty to notify if statement not received - You agree to immediately notify us if you do not receive your statement by the date you normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your account, such as possible fraud or identity theft.
ACCOUNT TRANSFER
This account may not be transferred or assigned without our prior written consent.
DIRECT DEPOSITS
If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
TEMPORARY ACCOUNT AGREEMENT
If the account documentation indicates that this is a temporary account agreement, each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time.
SETOFF
In Connecticut, Massachusetts, New Jersey, Pennsylvania, Rhode Island and Vermont, SETOFF - We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date. This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor's right of withdrawal only arises in a representative capacity, or (d) setoff is prohibited by the Military Lending Act or its implementing regulations. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff. Your account is also pledged as security for the debts of any of you, even prior to default of any debts to us.
In New York, SETOFF - We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date. This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if:
it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor's right of withdrawal only arises in a representative capacity, or (d) setoff is prohibited by the Military Lending Act or its implementing regulations. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff. Your account is also pledged as security for the debts of any of you, even prior to default of any debts to us.
AUTHORIZED SIGNER
In Connecticut, Massachusetts, New Jersey, Rhode Island and Vermont, AUTHORIZED SIGNER (Individual Accounts only) - A single individual is the owner. The authorized signer is merely designated to conduct transactions on the owner's behalf. The owner does not give up any rights to act on the account, and the authorized signer may not in any manner affect the rights of the owner or beneficiaries, if any, other than by withdrawing funds from the account. The owner is responsible for any transactions of the authorized signer. We undertake no obligation to monitor transactions to determine that they are on the owner's behalf.
The owner may terminate the authorization at any time, and the authorization is automatically terminated by the death of the owner. However, we may continue to honor the transactions of the authorized signer until: (a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge. We may refuse to accept the designation of an authorized signer.
In Pennsylvania, AUTHORIZED SIGNER (Individual Accounts only) - A single individual is the owner. The authorized signer is merely designated to conduct transactions on the owner's behalf. The owner does not give up any rights to act on the account, and the authorized signer may not in any manner affect the rights of the owner or beneficiaries, if any, other than by withdrawing funds from the account. The owner is responsible for any transactions of the authorized signer. We undertake no obligation to monitor transactions to determine that they are on the owner's behalf. The designation of an authorized signer does not create a power of attorney; therefore, the authorized signer is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code). The owner may terminate the authorization at any time, and the authorization is automatically terminated by the death of the owner. However, we may continue to honor the transactions of the authorized signer until: (a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge. We may refuse to accept the designation of an authorized signer.
RESTRICTIVE LEGENDS OR INDORSEMENTS
The automated processing of the large volume of checks we receive prevents us from inspecting or looking for restrictive legends, restrictive indorsements or other special instructions on every check. Examples of restrictive legends placed on checks are "must be presented within 90 days” or “not valid for more than $1,000.00." The payee’s signature accompanied by the words "for deposit only" is an example of a restrictive indorsement. For this reason, we are not required to honor any restrictive legend or indorsement or other special instruction placed on checks you write unless we have agreed in writing to the restriction or instruction. Unless we have agreed in writing, we are not responsible for any losses, claims, damages, or expenses that result from your placement of these restrictions or instructions on your checks.
CREDIT VERIFICATION
You agree that we may verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency.
CHECK PROCESSING
We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and indorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item. Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of indorsements unless you notify us in writing that the check requires multiple indorsements. We must receive the notice in time for us to have a reasonable opportunity to act on it, and you must tell us the precise date of the check, amount, check number and payee. We are not responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an automated process helps us keep costs down for you and all account holders.
CHECK CASHING
We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other instrument written on your account. We may also require reasonable identification to cash such a check, draft or other instrument.
We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint.
DEATH OR INCOMPETENCE
You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or is adjudicated (determined by the appropriate official) incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify checks drawn on or before the date of death or adjudication of incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account.
FIDUCIARY ACCOUNTS
Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters.
ACCOUNT SECURITY
In Connecticut, Massachusetts, New Jersey, Pennsylvania, Rhode Island and Vermont, ACCOUNT SECURITY - Duty to protect account information and methods of access - It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to issue an electronic debit or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized.
Your account number can also be used to electronically remove money from your account, and payment can be made from your account even though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. As between you and us, if you are negligent in safeguarding your checks, you must bear the loss entirely yourself or share the loss with us (we may have to share some of the loss if we failed to use ordinary care and if we substantially contributed to the loss).
Except for consumer electronic funds transfers subject to Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, such as positive pay or commercially reasonable security procedures, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered, unless we acted in bad faith or to the extent our negligence contributed to the loss. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected.
Positive pay and other fraud prevention services - Except for consumer electronic fund transfers subject to Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered. You will not be responsible for such transactions if we acted in bad faith or to the extent our negligence contributed to the loss. Such services include positive pay or commercially reasonable security procedures. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected. The positive pay service can help detect and prevent check fraud and is appropriate for account holders that issue: a high volume of checks, a lot of checks to the general public, or checks for large dollar amounts.
In New York, ACCOUNT SECURITY - Duty to protect account information and methods of access - I It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to issue an electronic debit or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized.
Your account number can also be used to electronically remove money from your account, and payment can be made from your account even though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. If you are negligent in safeguarding your checks we will not be responsible for any losses you incur due to an alteration or forgery if we have paid the check in good faith and in accordance with reasonable commercial standards.
Except for consumer electronic funds transfers subject to Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, such as positive pay or commercially reasonable security procedures, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered, unless we acted in bad faith or to the extent our negligence contributed to the loss. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected.
Positive pay and other fraud prevention services - Except for consumer electronic fund transfers subject to Regulation E, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered. You will not be responsible for such transactions if we acted in bad faith or to the extent our negligence contributed to the loss. Such services include positive pay or commercially reasonable security procedures. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected. The positive pay service can help detect and prevent check fraud and is appropriate for account holders that issue: a high volume of checks, a lot of checks to the general public, or checks for large dollar amounts.
TELEPHONIC INSTRUCTIONS
Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine.
MONITORING AND RECORDING TELEPHONE CALLS AND CONSENT TO RECEIVE COMMUNICATIONS
Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. You consent in advance to any such recording.
To provide you with the best possible service in our ongoing business relationship for your account we may need to contact you about your account from time to time by telephone, text messaging or email. When required, we will first obtain your consent to contact you about your account because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
Your consent is limited to your account, and as authorized by applicable law and regulations.
Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere).
With the above understandings, you authorize us to contact you regarding your account throughout its existence using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us.
This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voice mail and text messaging, including the use of pre- recorded or artificial voice messages and an automated dialing device.
If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.
CLAIM OF LOSS
If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys' fees incurred by you.
You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals)
We may impose early withdrawal penalties on a withdrawal from a time account even if you don't initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your notice of penalty for early withdrawals for additional information.
ADDRESS OR NAME CHANGES
You are responsible for notifying us of any change in your address or your name. Unless we agree otherwise, change of address or name must be made in writing by at least one of the account holders. Informing us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.
RESOLVING ACCOUNT DISPUTES
We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons.
WAIVER OF NOTICES
To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
ACH AND WIRE TRANSFERS
This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.
FACSIMILE SIGNATURES
Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on your checks or other orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose. You must notify us at once if you suspect that your facsimile signature is being or has been misused.
STALE-DATED CHECKS
We are not obligated to, but may at our option, pay a check, other than a certified check, presented for payment more than six months after its date. If you do not want us to pay a stale-dated check, you must place a stop-payment order on the check in the manner we have described elsewhere.
UNCLAIMED PROPERTY - The law establishes procedures under which unclaimed property must be surrendered to the state. (We may have our own rules regarding dormant accounts, and if we charge a fee for dormant accounts it will be disclosed to you elsewhere.) Generally, the funds in your account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of years. Ask us if you want further information about the period of time or type of activity that will prevent your account from being unclaimed. If your funds are surrendered to the state, you may be able to reclaim them, but your claim must be presented to the state. Once your funds are surrendered, we no longer have any liability or responsibility with respect to the funds.
INDORSEMENTS
We may accept for deposit any item payable to you or your order, even if they are not indorsed by you. We may give cash back to any one of you. We may supply any missing indorsement(s) for any item we accept for deposit or collection, and you warrant that all indorsements are genuine.
To ensure that your check or share draft is processed without delay, you must indorse it (sign it on the back) in a specific area. Your entire indorsement (whether a signature or a stamp) along with any other indorsement information (e.g. additional indorsements, ID information, driver's license number, etc.) must fall within 1 1/2" of the "trailing edge" of a check. Indorsements must be made in blue or black ink, so that they are readable by automated check processing equipment.
As you look at the front of a check, the "trailing edge" is the left edge. When you flip the check over, be sure to keep all indorsement information within 1 1/2" of that edge.
It is important that you confine the indorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed indorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your indorsement, another indorsement or information you have printed on the back of the check obscures our indorsement. These indorsement guidelines apply to both personal and business checks.
CASH TRANSACTION REPORTING
To help law enforcement agencies detect illegal activities, the law requires all financial institutions to gather and report information on some types of cash transactions. If the information we need to complete the report is not provided, we are required to refuse to handle the transaction. If you have any questions regarding these rules, please contact your local Internal Revenue Service office.
LEGAL ACTIONS AFFECTING YOUR ACCOUNT
If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your account (termed "legal action" in this section), we will comply with that legal action. Or, in our discretion, we may freeze the assets in the account and not allow any payments out of the account until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys' fees and our internal expenses) may be charged against your account. The list of fees applicable to your account(s) provided elsewhere may specify additional fees that we may charge for certain legal actions.
AGREEMENT TO ARBITRATE; JURY TRIAL WAIVER AND CLASS ACTION WAIVER.
This section constitutes the Arbitration Agreement between you and us. READ THIS SECTION CAREFULLY AS IT AFFECTS HOW LEGAL DISPUTES BETWEEN YOU AND US ARE RESOLVED. IF YOU DO NOT OPT OUT AS PROVIDED BELOW, ALL DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO BINDING INDIVIDUAL ARBITRATION. Solely for purposes of this Arbitration Agreement, the terms “we” and “us,” in addition to referring to Berkshire Bank, also refer to Berkshire Bank’s employees, officers, directors, parents, agents, subsidiaries, affiliates, successors and assigns.
From time to time, you may have concerns having to do with your account or other matters. Most concerns can be resolved by calling our customer service representatives at 1-800-773-5601. In the event that a Dispute (defined below) arises between us, you and we agree to resolve the Dispute exclusively through binding individual arbitration before the American Arbitration Association (“AAA”) in accordance with terms set forth below (“Arbitration Agreement”), and not through litigation in any court or any other forum. Some rights (such as the right to obtain information from the other party and the right to appeal a decision) may be more limited in arbitration than they would be in a court proceeding. You and we agree and acknowledge that in our relationship arising from this deposit account agreement and your account, the parties are participating in transactions that involve interstate commerce, and that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement.
JURY TRIAL WAIVER. YOU AND WE AGREE TO WAIVE ANY RIGHT YOU OR WE MAY HAVE TO A JURY TRIAL OR TO THE OPPORTUNITY TO LITIGATE ANY DISPUTE IN COURT.
CLASS ACTION AND CLASS ARBITRATION WAIVER. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO BRING A CLASS ACTION OTHER REPRESENTATIVE ACTION AGAINST US OR TO PARTICIPATE IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY SOMEONE ELSE. ANY ARBITRATION SHALL BE INDIVIDUAL ARBITRATION, ON BEHALF OF THE NAMED PARTIES ONLY; THERE WILL BE NO CLASS ARBITRATION OR OTHER REPRESENTATIVE ARBITRATION. You agree not to join in a Dispute with anyone other than persons who are joint account owners or beneficiaries on your account.
YOUR RIGHT TO OPT OUT. You have the right to opt out of this Arbitration Agreement, and doing so will not affect any other terms of this deposit account agreement or your relationship with us. TO OPT OUT OF THIS ARBITRATION AGREEMENT, YOU MUST MAIL US WRITTEN NOTICE OF YOUR DECISION, POSTMARKED WITHIN 30 DAYS OF THE OPENING OF YOUR ACCOUNT. Your opt out notice must include your name, address, account number and your signature and must be mailed to: General Counsel, Berkshire Bank, 24 North Street, P.O. Box 1308, Pittsfield, MA 01202-1308 (“Notice Address”). This is the sole and only method by which you can opt out of this Arbitration Agreement. For joint accounts, an opt-out notice signed by one account owner shall apply to all owners listed on the account. This Arbitration Agreement will apply to any Dispute relating to any account(s) for which we do not receive a timely and proper opt-out notice as described in this paragraph (including Disputes involving account owners added to your account in the future).
Disputes Covered. The term “Dispute” includes any and all claims, disputes, actions or other controversies, whether based in contract, tort, statute, fraud or any other legal or equitable theory, that arise out of or are related to this deposit account agreement; your account; any transaction, service, product or fee related to your account; or any other aspect of the relationship between us. Disputes subject to arbitration include those based on present, future or past events (including events that occurred before the effective date of this deposit account agreement or any earlier agreement governing the terms and conditions of your account), whether asserted as original claims, counterclaims, cross-claims, third-party claims, interpleaders, or in any other form.
Mail a Notice of Dispute. If you have a Dispute and our customer service representatives can’t resolve it, send a written Notice of Dispute to the Notice Address listed above. The Notice must describe your Dispute and clearly state what you want us to do. If we do not reach an agreement to resolve the Dispute within 30 days after we receive the Notice, either you or Berkshire Bank may commence an arbitration proceeding or seek relief in small claims court as specified below.
Small Claims Court Option. If a Dispute is for an amount up to the maximum amount that may be sought in a small claims court in the jurisdiction in which you reside, you may elect to assert your claim as an individual action in such small claims court, but in no other court, in lieu of arbitration.
Arbitration Procedures. The AAA will conduct the arbitration under its Consumer Arbitration Rules (“AAA Rules”), as they may be modified by this Arbitration Agreement. Any Dispute submitted for arbitration shall be heard and decided by a single arbitrator. For Disputes less than $10,000.00, the arbitration will be conducted pursuant to the AAA’s Procedures for the Resolution of Disputes through Document Submission unless the arbitrator determines that an in-person, telephone or videoconference hearing is necessary. For Disputes $10,000.00 or greater, arbitration may be conducted in person, through the submission of documents, or by phone or videoconference, and the parties’ right to a hearing will be determined by AAA Rules. Proceedings that cannot be conducted through the submission of documents or by phone or videoconference will take place at a location reasonably convenient for both of us, or if we are unable to agree, at a location determined by the arbitrator.
The arbitrator shall have exclusive authority to resolve any disagreement or controversy relating to the validity, interpretation, scope or enforcement of this Arbitration Agreement, or any other part or term of this deposit account agreement, or the existence or validity of this deposit account agreement as a whole (subject to the appellate and judicial review rights set forth below). All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a court proceeding shall apply in and to the arbitration. No arbitrator shall have authority to entertain any Dispute on behalf of a person who is not a named party, nor shall any arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. Judgment upon any arbitration award may be entered in any court having jurisdiction.
The costs of arbitration (not including attorneys’ fees) will be paid in accordance with AAA Rules. If the arbitrator finds that your Demand was not made in good faith or is frivolous, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under AAA Rules. You will be entitled to recover attorneys’ fees in arbitration to the same extent you could in court, in accordance with applicable law. Although we may have a right to recover attorneys' fees if we prevail in arbitration, we agree that we will not seek such an award.
The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the FAA. However, if the arbitrator determines that the Class Action and Class Arbitration Waiver is invalid, void or unenforceable for any reason, in whole or in part, that determination is immediately reviewable by a court of law, and the parties hereby submit to the jurisdiction of such court for such purpose. The arbitration shall be stayed during the pendency of any such judicial review, including any appeals, requests for rehearing or petitions for certiorari.
Modification. Notwithstanding Berkshire Bank’s right to amend the terms of this deposit account agreement, arbitration of any Dispute will be conducted pursuant to the terms of the Arbitration Agreement in effect at such time as Berkshire Bank receives Notice of the Dispute, in writing, at the Notice Address listed above. If we make a change to this Arbitration Agreement (other than address changes), you may reject that change by sending us written notice, within 30 days of the change, to the Notice Address listed above. If you do so, the most recent version of this Arbitration Agreement that was in effect before the change you rejected will apply. This Arbitration Agreement shall survive the closing of your account and remain binding on you and your heirs, legal representatives, successors and assigns.
Severability. If any term of this Arbitration Agreement, other than the Class Action and Class Arbitration Waiver, is deemed or found to be invalid, void or unenforceable for any reason, that term shall be deemed severable and shall not affect the validity or enforceability of any remaining term. The Class Action and Class Arbitration Waiver is non-severable and if, following the conclusion of the judicial review process described above, it is deemed or found to be invalid, void or unenforceable for any reason, this entire Arbitration Agreement shall be null and void.
CHECK STORAGE AND COPIES
You agree that you will not receive your canceled checks. We will store your canceled checks or copies of them for a reasonable retention period. You may request copies from us in the manner we require.
ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third-party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking, statement savings, or money market account(s).
Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking, statement savings, or money market account(s).
Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to pay for purchases or pay bills.
Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
Telephone Transfers - types of transfers - You may access your account by telephone 24 hours a day toll free at 1-888- 685-8300 using your personal identification number (PIN), a touch tone phone, your account number, and your Social Security Number, to:
transfer funds from/to checking, statement savings, money market accounts, or home equity lines of credit.
make payments from checking, statement savings, or money market accounts to loan accounts with us.
get information about:
the account balance, recent deposit and withdrawals from checking, statement savings, or money market accounts.
CD balance, rate, term, maturity date, and interest.
activate Berkshire Bank ATM and Debit Card and/or change PIN.
ATM Transfers - types of transfers, dollar limitations, and charges - You may access your account(s) by ATM using your Berkshire Bank ATM or Debit Card and your personal identification number (PIN), to:
make deposits to checking, statement savings, or money market accounts.
make cash withdrawals from checking, statement savings, or money market accounts.
if you have a Berkshire Bank ATM Card, you may withdraw no more than $500.00 per day or your pre- approved limit.
if you have a Berkshire Bank Health Savings Account Debit Card, you may withdraw no more than $400.00 per day or your pre-approved limit.
if you have a Berkshire Bank or Royalty Club Debit Card, you may withdraw no more than $1,000.00 per day or your pre-approved limit.
if you have a Berkshire Bank Private Banking Card, you may withdraw no more than $1,000.00 per day or your pre-approved limit.
there is a charge of $3.00 for each withdrawal you make at an ATM other than our own.
transfer funds from/to checking, statement savings, or money market accounts.
get information about the account balance of your checking, statement savings, or money market accounts.
there is a charge of $2.50 for each inquiry you make at an ATM other than our own. Some of these services may not be available at all terminals.
Types of Berkshire Bank Debit Card Point-of-Sale Transactions - You may access your checking or money market accounts to purchase goods (in person or otherwise), pay for services (in person or otherwise), get cash from a merchant or from a participating financial institution (if permitted), and do anything that you can do with a credit card that a participating merchant will accept.
Point-of-Sale Transactions - dollar limitations - Using your Berkshire Bank ATM or Debit Card:
using your ATM card, you may not exceed $500.00 in transactions per day or your pre-approved limit.
using your Berkshire Bank Health Savings Account Debit Card, you may not exceed $1,000.00 in transactions per day or your pre-approved limit.
using your Berkshire Bank or Royalty Club Debit Card, you may not exceed $5,000.00 in transactions per day or your pre- approved limit.
using your Berkshire Bank Private Banking Debit Card, you may not exceed $10,000.00 in transactions per day or your pre- approved limit.
a merchant may initiate a POS transaction called an Account to Account payment for goods or services. These payments may not exceed $1,000.00 per day or your pre-approved limit.
Currency Conversion and Cross-Border Transaction Fees. If you initiate a transaction with your Berkshire Bank Debit Card in a currency other than US Dollars, Mastercard, will convert the charge into a US Dollar amount. The Mastercard currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by Mastercard. The exchange rate Mastercard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account.
Mastercard charges us a Currency Conversion Assessment of 20 basis points (.2% of the transaction) for performing the currency conversion. In addition, Mastercard charges us an Issuer Cross- Border Assessment of 90 basis points (.9% of the transaction) on all cross-border transactions regardless of whether there is a currency conversion. As a result, we charge you a Currency Conversion fee of .2% and a Cross-Border Transaction fee of .9%. The Cross-Border Transaction fee is charged on all cross-border transactions regardless of whether there is a currency conversion. A cross-border transaction is a transaction processed through the Global Clearing Management System or the Mastercard Debit Switch in which the country of the merchant is different than the country of the cardholder.
Advisory Against Illegal Use. You agree not to use your card(s) for illegal gambling or any other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.
Please see your debit card application for additional information relating to the use of your Berkshire Bank debit card.
Online Banking Computer Transfers - types of transfers and dollar limitations - You may access your accounts by computer or mobile device 24 hours a day at
www.berkshirebank.com with your User ID and password, to:
transfer funds from/to checking, statement savings, or money market accounts, or to third parties.
make loan payments from checking, statement savings, or money market accounts.
get information about:
the account balance of checking, statement savings, money market, or certificate accounts.
activity for checking, statement savings, money market, or certificate accounts. Please also see Limitations on frequency of transfers section regarding limitations that apply to computer transfers.
Automatic Billing Updater. We utilize the Mastercard Automatic Billing Updater (ABU) program which makes updating your card details completely seamless for you. This program is used by participating merchants to ensure that they have the most up to date card information by automatically updating stored card information such as new card numbers and expiration dates to process your recurring payment and "card on file" account transactions. By automatically maintaining the accuracy of your card data, Mastercard ABU helps prevent disruptions in merchant services due to account changes.
To Opt-out of this service, contact the Call Center at 1.800.773.5601.
FEES
We do not charge for direct deposits to any type of account.
Please refer to Common Features Fee Schedule for additional information about fees. Except as indicated elsewhere, we do not charge for these electronic fund transfers.
ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
DOCUMENTATION
Terminal transfers. You can get a receipt for most transactions at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.
Preauthorized credits. 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 1-800-773-5601 or at 1-888-685-8300 to find out whether or not the deposit has been made.
Periodic statements. You will get a monthly account statement from us for your checking accounts.
You will get a quarterly account statement from us for your statement savings and money market accounts unless there are electronic transactions in a particular month, then you will receive it monthly. In any case, you will get a statement at least quarterly.
PREAUTHORIZED PAYMENTS
Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Call or write us at the telephone number or address listed in this disclosure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.
Please refer to our separate Common Features Fee Schedule for the amount we will charge you for each stop- payment order you request.
Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
FINANCIAL INSTITUTION'S LIABILITY
Liability for failure to make 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 losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your account to make the transfer.
If the funds are subject to legal process or other encumbrance restricting such transfer.
If you have an overdraft line and the transfer would go over the credit limit.
If the automated teller machine where you are making the transfer does not have enough cash.
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 transfer, despite reasonable precautions that we have taken.
There may be other exceptions stated in our agreement with you.
CONFIDENTIALITY
We will disclose information to third parties about your account or the transfers you make:
where it is necessary for completing transfers; or
in order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant; or
in order to comply with government agency or court orders; or
by your written authorization; or
in New Jersey, at our discretion, as allowed by New Jersey law providing for the release of account information pertaining to actual or suspected illegal activities.
UNAUTHORIZED TRANSFERS
In Connecticut, New Jersey, New York, Pennsylvania, Rhode Island and Vermont, UNAUTHORIZED TRANSFERS (a) Consumer liability.
Generally. Tell us AT ONCE if you believe your card and/or code 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. Telephoning is the best way of minimizing your possible losses. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code 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 mailed 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.
Additional Limits on Liability for Berkshire Bank or Royalty Club Debit Card. You will not be liable for any unauthorized transactions using your Berkshire Bank or Royalty Club Debit Card if: (i) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, and (ii) upon becoming aware of a loss or theft, you promptly report the loss or theft to us. Mastercard is a registered trademark, and the circles design is mark of Mastercard International Incorporated.
Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission. To report a lost or stolen ATM/Debit Card during non-banking hours, please contact our ATM/Debit Card Service Provider at 1-888-849-6046.
In Massachusetts, UNAUTHORIZED TRANSFERS (a)Consumer liability.
Generally. Tell us AT ONCE if you believe your card and/or code 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. Telephoning is the best way of keeping your possible losses down. You could lose up to $50 if someone used your card and/or code without your permission.
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 mailed to you, you may not get back the money you lost (up to $50) 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 period.
Additional Limits on Liability for Berkshire Bank or Royalty Club Debit Card. You will not be liable for any unauthorized transactions using your Berkshire Bank or Royalty Club Debit Card if: (I) you can demonstrate that you have exercised reasonable care in safeguarding your card from the risk of loss or theft, and (ii) upon becoming aware of a loss or theft, you promptly report the loss or theft to us. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this disclosure. You should also call the number or write to the address listed in this disclosure if you believe a transfer has been made using the information from your check without your permission. To report a lost or stolen ATM/Debit Card during non- banking hours, please contact our ATM/Debit Card Service Provider at 1-888-849-6046.
ERROR RESOLUTION NOTICE
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this disclosure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Tell us your name and account number (if any).
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 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three 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.
BERKSHIRE BANK ATTN: ELECTRONIC BANKING
P.O. BOX 1308
PITTSFIELD, MASSACHUSETTS 01202-1308
Business Hours:
Monday through Friday 7:00 A.M. - 7:00 P.M. EST
Saturday 8:30 A.M. - 2:00 P.M. EST Excluding Federal Holidays
Phone: 1-800-773-5601
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST
NOTICE OF ATM/NIGHT DEPOSIT FACILITY USER PRECAUTIONS
As with all financial transactions, please exercise discretion when using an automated teller machine (ATM) or night deposit facility. For your own safety, be careful. The following suggestions may be helpful.
Prepare for your transactions at home (for instance, by filling out a deposit slip) to minimize your time at the ATM or night deposit facility.
Mark each transaction in your account record, but not while at the ATM or night deposit facility. Always save your ATM receipts. Don’t leave them at the ATM or night deposit facility because they may contain important account information.
Compare your records with the account statements or account histories that you receive.
Don’t lend your ATM card to anyone.
Remember, do not leave your card at the ATM. Do not leave any documents at a night deposit facility.
If you lose your ATM card or if it is stolen, promptly notify us. You should consult the other disclosures you have received about electronic fund transfers for additional information about what to do if your card is lost or stolen.
Protect the secrecy of your Personal Identification Number (PIN). Protect your ATM card as though it were cash. Don’t tell anyone your PIN. Don’t give anyone information regarding your ATM card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. Don’t write your PIN where it can be discovered. For example, don’t keep a note of your PIN in your wallet or purse.
Prevent others from seeing you enter your PIN by using your body to shield their view.
Don’t accept assistance from anyone you don’t know when using an ATM or night deposit facility.
When you make a transaction, be alert to your surroundings. Look out for suspicious activity near the ATM or night deposit facility, particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is well lighted. Consider having someone accompany you when you use the facility, especially after sunset. Defer your transaction if circumstances cause you to be apprehensive for your safety. You might consider using another ATM or night deposit facility.
If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, pocket your card and leave. You might consider using another ATM or coming back later.
Please be sure to close any entry door completely upon entering and exiting the ATM or night depository facility. Do not permit any unknown persons to enter the facility after regular banking hours.
Don’t display your cash; place withdrawn cash securely upon your person before exiting the ATM. Count the cash later when you are in the safety of your own car, home, or other secure surrounding.
At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the driver’s window. Keep the engine running and remain alert to your surroundings.
We want the ATM and night deposit facility to be safe and convenient for you. The activity of the automated teller machine facility may be recorded by a surveillance camera or cameras. Please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a facility. Please report any suspicious activity or crimes to the operator of the facility and the local law enforcement officials immediately. In New Jersey, Direct complaints concerning ATM security to the operator or the Department of Banking at (609) 292-7272. In New York, Direct complaints concerning ATM facility security to us at the phone number listed in this disclosure or the New York Department of Financial Services Consumer Hotline at 1-800-342-3736.
YOUR ABILITY TO WITHDRAW FUNDS
This policy statement applies to all deposit accounts
Our policy is to make funds from your check deposits available to you on the first business day after the day we receive your deposit. Funds from the deposit of cash and electronic direct deposits will be available on the business day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.
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 deposit.
Deposits of cash and/or checks made at an ATM will be available to you on the first business day after the business day we receive your deposit. External Transfer deposits done via Online Banking will be available to the customer on the second business day after the deposit request is initiated.
For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, and Federal holidays. If you make a deposit at our teller line before closing (or before 5:00 P.M. EST at one of our ATMs or using our Mobile Banking product) on a business day that we are open, we will consider that day to be the day of your deposit.
However, if you make a deposit after closing (or after 5:00 P.M. EST at one of our ATMs or using our Mobile Banking product) or on a day we are not open, we will consider that the deposit was made on the next business day we are open. If you initiate a deposit before 7:00 P.M. EST on a business day the bank is open using our Online Banking product or our telephone banking service, we will consider that day to be the day of your deposit. However, if you make a deposit after these cut off times or on a day we are not open, we will consider that the deposit was made on the next business day we are open. If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.
If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
LONGER DELAYS MAY APPLY
Case-by-case delays. In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $225 of your deposits, however, will be available on the first business day after the business day of your deposit.
If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
We believe a check you deposit will not be paid.
You deposit checks totaling more than $5,525 on any one day.
You redeposit a check that has been returned unpaid.
You have overdrawn your account repeatedly in the last six months.
There is an emergency, such as failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the fifth business day after the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from incoming External Transfers done via the Bank’s Online Banking service will be available on the fifth business day after the deposit was initiated. Funds from deposits of cash or wire transfers will be available immediately and the first $5,525 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and Federal, State and local government checks will be available by the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 will be available by the fifth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available by the fifth business day after the day of your deposit.
Rev. 10/22