AccessUnited: User Agreement

User Agreement

Please read the following agreement carefully. You must agree to all the terms before proceeding through the online account opening.
     This Deposit Agreement governs all deposit accounts (including non-negotiable certificates of deposit) established with United Bank or one of our predecessors and replaces and supersedes any previous deposit agreements.  The words "we," "our," and "us" refer to United Bank. The words " YOU, " "your," and "depositor" refer to the account owner or each joint owner identified on the signature card or other account documents and each of their legal representatives.  Please read this information carefully and keep it with your other account records.
1. Ownership Of Accounts
    a. Joint Accounts.  An account having more than one present owner is called a joint account.  Each owner of a joint account agrees with us and with the other owner(s) that all monies and items deposited to the account shall be owned by them as joint tenants with right of survivorship and not as tenants in common.  Each joint owner is bound by all of the terms and conditions of this Deposit Agreement.
     Each joint owner is authorized to order the payment, withdrawal or transfer of funds on deposit in a joint account.  Each joint owner agrees that we may follow the orders or instructions of any one of the joint owners without becoming liable to the others.  We are authorized, but not obligated, to honor an order from a joint owner even though it may create an overdraft in the account, and all joint owners are responsible for all orders and overdrafts created by any joint owner.
     We are authorized to deposit to any joint account, with or without endorsement, any check or other instrument payable to any one of the joint owners, or, at our discretion, with a joint owner's endorsement supplied by us.  Each joint owner appoints each and all other joint owners as attorney or agent with full power to pledge to us all or any part of the funds in the account as security and to deposit into the account money or instruments of  the others, and for that purpose to endorse any instrument payable to any one or more of the joint owners.
      Upon the death of any joint owner(s), the deposits in any joint account will be payable to the surviving account holder(s), who shall be empowered freely to draw on the account.  This power is subject to our right to set-off against the account for amounts owed by the deceased joint owner(s), as described in Section 10 of this Deposit Agreement.
     We are authorized, but not obligated, to stop withdrawals or other payments from a joint account if we receive written instructions from any one of the joint owners, stating that no further withdrawals from the account should be permitted.  We are not obligated to notify any joint owner regarding any changes made to the account or any actions of any other joint owner.
    b. Trust Accounts.  A trust account is an account held in the name of one or more parties, in trust for one or more beneficiaries.  We have no obligation with regard to the proper application of any funds withdrawn or transferred from a trust account.  Any trustee(s) may make withdrawals of available funds or close the account at any time (subject to any applicable early withdrawal penalties or limitations).  Upon the death of the trustee, or all trustees if there is more than one, the funds on deposit shall belong to the beneficiary or beneficiaries.  We have no responsibility to notify any beneficiaries of the death of the trustee(s), and we may require the production of legal documents acceptable to us before releasing the funds on deposit to the beneficiary or beneficiaries.
    c. Business And Other Nonpersonal Accounts.  If the depositor is a corporation, unincorporated association, fiduciary, partnership, limited liability company or sole proprietorship, each person signing the signature card or other account documents represents and agrees that (1) such person is fully authorized to execute all documents in the capacity stated therein; (2) such person has furnished all documents necessary to evidence that authority; and (3) the depositor will furnish any other documents in such form as we may request from time to time.  We are not required to recognize any resolution affecting the account that is not on our form.  Any change in authorized signers will not be effective against us until three (3) business days after our receipt of documents effecting the change.
2.   Powers Of Attorney.  We are not required to recognize any power of attorney to act on an account.  If we accept a power of attorney, we may continue to recognize the authority of your attorney-in-fact until we receive written notice of revocation or termination and have had a reasonable time to act upon it.  We also reserve the right to restrict the types or sizes of transactions we will permit an attorney-in-fact to conduct, on a case-by case basis and may require the attorney-in-fact to present the original power of attorney before conducting any transaction.
     A person acting under a power of attorney is not an owner of an account, no funds in the account belong to that person by reason of that capacity, and that person has no right of survivorship in the account.
3. Claims And Disputes Concerning Your Account.  If another person or entity makes a claim against funds in your account, or if we have reason to believe there is or may be a dispute over matters such as the ownership of the account or the authority to withdraw funds, we may, in our sole discretion, (1) continue to rely on current signature cards, resolutions or other account documents, (2) freeze all or part of the funds until the dispute is resolved to our satisfaction, or (3) pay the funds into an appropriate court of law for resolution.
4. Deposits.
     a. Items Deposited.  We may refuse, accept for collection only, or return all or part of any deposit.  We will act as your agent in collecting any items deposited to your account in accordance with our customary practices and applicable law.  Credit for  items deposited is provisional and subject to revocation if the item is not paid for any reason.  We shall not be deemed to have received items sent by mail, or placed in the lobby depositories, night depositories, or any other type of depositories we operate, until after we have received actual delivery of those items sent by mail or removed the contents from such depositories.  All deposits received by us after our cutoff hour or on Saturday, Sunday or a bank holiday, including items received by us through the mail or removed by us from depositories after our hours, will be deemed deposited on the next banking day.  Until we remove items from the depositories, we are only responsible for loss of such items caused by our gross negligence or willful misconduct.
    b. Verification Of Deposits.  When we accept deposits and issue receipts, such deposits and receipts are subject to subsequent verification and corrections if necessary.
    c. Endorsements.  If you (1) deposit an item bearing an endorsement which is outside of the area extending one and one-half inches from the trailing edge of the back of the item or (2) otherwise cause the endorsement of the first bank of deposit to be obscured, and this causes a delay in the return of the item, you will be responsible for any loss or expense we may incur.  The trailing edge is defined as the left side of the item as viewed from the front.
    d. Identification Of Account.  You will be responsible for any loss or expense caused by your failure to properly identify the account to which a deposit is made or intended to be made.
    e. Items Returned.  If a deposited item is returned to us unpaid, we will reverse the credit to your account.  At our option and without notice to you that the item has been returned, we may resubmit any returned item for payment.  You waive presentment, notice of dishonor and protest.  We may process a copy or other evidence of the returned item in lieu of the original.
    f. Foreign Currency.  If we take an item payable in foreign currency for deposit or collection, you will bear all exchange rate risk.  We will not credit the item to your account until we have received the proceeds in U. S. dollars.
    g. Encoding/Endorsing.  If you undertake to provide our endorsement or encode the amount on items deposited, you agree to adhere to any standards which are set forth in federal law.
5. Withdrawals.
    a. Limits On Withdrawals.  If your account
is a "savings deposit" or a NOW account (interest-bearing checking account), as defined under federal law, it is subject to one or both of the withdrawal limitations described below.  If you are not sure whether your account is subject to these limitations, please ask us, or refer to the Schedule Of Fees.
    (1) Notice of Intended Withdrawal.  Ordinarily you may withdraw funds from your account without giving us prior notice.  Under federal law we must reserve the right to require you to give us seven (7) days' prior notice of your intent to withdraw funds from savings deposits or interest-bearing checking accounts.  However, this will not apply to you unless the same notice is required of all of our customers with accounts of the same type.
    (2) Transaction Limitations.  If your account is a savings deposit under federal law, you may make up to six (6) pre-authorized or telephonic transfers to another of your accounts or to third parties per monthly statement cycle.  Also, if your account (including any line of credit linked to it, if applicable) can be accessed by writing checks or using a debit card, no more than three (3) of these six (6) transfers may be made by check or debit card or similar order payable to third parties.  The date the check or other transaction clears your account (rather than the date of the check or transaction) will determine whether you have exceeded the permitted number of transactions.  If you exceed these restrictions, you may incur service charges, and we may close or convert your account to a checking account for repeated violations.  The number of withdrawals made in person, by ATM, by mail or by messenger is not limited.  These limitations do not apply to transfers from an account to make a payment on a loan with us or to withdrawals instituted by telephone (via check mailed to you).
    b.  Incomplete And Conditional Items.  If you write any item that is incomplete or conditional (such as "void after 90 days" or "not valid  over $500"), you agree that we may pay or refuse to pay such item, in our sole discretion, even though it is incomplete or the condition has not been met.
    c. "Stale-Dated" Items.  We are not required to pay any item presented more than six months after its date.  However, we may pay such an item if we do so in good faith.  You agree that we are acting in good faith in paying such an item as long as there is not a stop payment request in effect when we pay the item.
    d. Facsimile Signatures.  If your items are signed using any facsimile signature or other non manual form of signature, you acknowledge that its use is solely for your benefit and convenience.  You accept sole responsibility for maintaining security over any device for affixing the signature.  Such signature will be effective as your signature regardless of whether the person affixing it was authorized to do so.
    e. Multiple Signers.  If  we establish an account for you which purports to require two (2) or more signatures on any items drawn on the account, you acknowledge that such provision is solely for your personal or internal control purposes and shall not be binding on us unless we enter into a separate agreement (other than the signature card or depository authority documentation).  You agree that we will not be liable for paying any item lacking the required number of signatures, but bearing at least one authorized signature.
    f. Telephone Transfers.  We are not obligated to accept telephonic or pre-authorized transfers from your account without our prior written consent.
    g. Good Faith Disbursement.  You agree that we may disburse funds from your account in good faith reliance on documentation presented to us which purports to give any individual or entity the right to receive such disbursement and we shall not be liable to you for any such good faith disbursement.
    h. Liens And Attachments.  Following receipt by us of any notice of lien, process in attachment, garnishment or other proceeding relating to you or your account, whether individual or joint, we are authorized, without notice to you or any joint owner of the account, unless otherwise required by law, to withhold payment of so much of the balance in the account as may be the subject of such notice or process, and to pay such amount to the court or creditor, in accordance with applicable state or federal law, without responsibility to you or any joint owner for such withholding or payment or for refusal to honor withdrawals or checks made by you or any joint owner.
    i. Postdated Items.  We reserve the right to honor or dishonor postdated items.  An item is postdated if it is dated after the date of deposit.  We will not be liable for damages caused by premature payment of a postdated item.  Furthermore, we will not be liable for any damages resulting from dishonor of a postdated item presented for payment before the date of the item.
    j. Electronic Presentment.  Your account may be debited on the day an item is presented by electronic or other means, or at an earlier time based on notification received by us that an item drawn on your account has been deposited for collection in another financial institution.  A determination of your account balance for purposes of making a decision to dishonor an item for insufficiency of available funds may be made at any time between the receipt of such presentment or notice and the time of return of the item, and no more than one such determination need be made.
6. STOP Payments.  You may request that we stop payment on checks drawn on your account.  You must tell us the exact amount of the check, check number, date of the check, payee and the full number of the account on which it is drawn for us to be able to enter a stop payment order.  If any of this information is incorrect, we will not be liable for failure to stop payment on the check.  No stop payment request, renewal or revocation shall be valid or effective unless given in writing to one of our officers during regular banking hours.  Stop payment requests are subject to verification that the item has not been cashed or otherwise paid.  You must give us a reasonable opportunity to act on your stop payment request before the check is paid.  Your stop payment order takes effect when we have recorded it on your account.  After we record it, we will mail you a confirmation.  You agree to indemnify and hold us harmless for all costs and expenses we incur in honoring a request to stop payment, including any applicable attorney's fees.  Requests for stop payments are not effective for more than six (6) months, unless renewed in writing.  If the account is joint, a stop payment order will be effective for any joint owner regardless of who signed the check.  We may charge you a fee for processing a stop payment order or any renewal.  If you give us a timely and effective stop payment order and we pay the check by mistake, we may have the right to enforce someone else's rights against you on that check.  If we do, we may still be able to charge you for the check, even though you stopped payment on it.
7. Overdrafts.  We are not obligated to pay an item presented if your account does not contain sufficient collected funds, but we may pay it at our option and charge you a fee.  In addition, if payment is not received for any deposited item, the amount of the item will be charged back to your account and may create an overdraft, for which we will charge you a fee.  You agree to pay the amount of any overdraft together with any overdraft fees, immediately upon demand.  We may also charge you interest at the highest rate permitted by law.  Our payment of any item which causes an overdraft on one or more occasions does not obligate us to allow such overdrafts on any future occasion.  We have no obligation to notify you before we return any item unpaid because of insufficient funds.  If you have a joint account, each of you agrees to be responsible for repayment of overdrafts and service charges caused by items written by you or any other joint owner.
8. Customer And Bank Responsibilities.
    a. Prompt Review Of Account Statements.  We will mail or otherwise make account statements available to you regularly when there is activity on your account and may do so for periods when there is no activity.  If you request that we hold your mail, you agree that we have made your statements and items available to you.  You must promptly review statements and any accompanying items and notify us promptly in writing of any dispute or difference of account for any reason, including unauthorized signature, lack of signature, alteration or other irregularity.  You must report any such irregularity promptly, and in no event later than sixty (60) days after your statement and items were received or otherwise made available to you.  Your statement will be deemed to be received by you three (3) days after its date.  Failure to report such irregularity within 60 days shall preclude you from recovering any amounts from us.  In addition, under the law we may be relieved of any potential liability for multiple unauthorized signatures or alterations by the same wrongdoer if you do not notify us in writing within fourteen (14) days after your statement containing the first such irregularity was received or otherwise made available to you.  No legal proceeding or action shall be brought by you against the Bank to recover any amount improperly paid out of the account due to an unauthorized signature, alteration or other defect unless (1) you have given the written notice provided above, and (2) such action shall have been commenced within one year after the date the statement containing such defect was made available to you.
    b. Check Safekeeping.  If your account provides for your items to be held by us instead of returned to you, you specifically waive any right to receive canceled checks or other items with statements.  Canceled checks and other items will be deemed to be made available to you when your statement is made-available.  We will keep the original items for a limited time, after which we will keep copies for as long as required by law.  We will provide copies of checks upon written request, but we reserve the right to provide such copies upon verbal request.  We may charge a fee for providing such copies.  You continue to be responsible for notifying us promptly in writing of any dispute or difference of account for any reason, including unauthorized signature, lack of signature, alteration, or irregularity within the time periods described above.  We are under no duty to retain the original of any canceled checks.
    c. Change Of Address.  You agree to notify us promptly in writing of any change of address and the account(s) affected.  We reserve the right to accept verbal notice of change of address.  We may recognize a change provided by any joint owner on a joint account or any authorized signer on a business account, but such change shall not be binding on us until three (3) business days after our receipt.  If you fail to notify us of a change of address or for any other reason a statement is returned to us, we may destroy the statement and any accompanying items ninety (90) days after the statement date.
    d. Bank's Duty Of Care.  Because of the high volume of items we must process and the largely automated nature of such processing, you agree that we will not be considered to have failed to exercise ordinary care if we examine items pursuant to a manual or other procedure that represents a random sampling of items drawn on all accounts, or that meets certain minimum criteria which we may establish for inspection.
    e. Check Orders.  All checks, withdrawal forms, and deposit slips must be on forms obtained through us or which we approve in advance.  You are responsible for verifying the accuracy of all information on such forms.  Our liability, if any, for any printing errors on forms obtained from us is limited to the cost of replacement.  We are not responsible for errors or losses you may incur due to improper printing on forms not obtained through us or approved by us in advance.
9. Service Charges.  You agree to pay for various services in accordance with our Schedule Of Fees, as in effect from time to time, which are incorporated in this Agreement by reference.  We may deduct our fee for handling incoming and outgoing wire transfers of funds from the amount of the transfer.  With respect to court or administrative orders, subpoenas, summonses, tax levies, or other legal process, unless prohibited or limited by law, you agree to pay our standard charges for research and copying of documents and any other expenses we incur in complying.  These may include, but are not limited to, attorneys' fees.  We may charge your account for any such fees and expenses.  We also expressly reserve the right to impose at any time an assessment on any or all of the various types of accounts offered by us, which approximates amounts we must pay periodically to the Federal Deposit Insurance Corporation (FDIC) for insurance coverage.  This assessment is subject to change from time to time in the event of increases or decreases in our cost of FDIC insurance.
10. Bank's Right Of Set-off/Security Interest.  You agree that all accounts in your name alone and all joint accounts with other persons may, at our option, and without notice to you, be used to pay any and all indebtedness due to us or to any of our affiliates or subsidiaries by you or any joint owner, whether the indebtedness is direct or indirect, absolute or contingent, due or to become due, and whether the indebtedness is several and the account is joint, or the debt is joint and the account is several. Notwithstanding anything to the contrary at O.C.G.A. §7-1-821, we are authorized at any time to charge any such indebtedness against your account, without regard to the origin of deposits to the account or beneficial entitlement to monies deposited. "Indebtedness" includes any amounts for which we become liable to any governmental agency or department or any company as a result of recurring payments credited to any of your accounts after the death, legal incapacity or other termination of entitlement of the intended recipient of such amounts.
11. Payment Of Interest.  Please refer to the applicable Schedule Of Fees for a description of the terms under which balances in your account will earn interest.  Any inconsistency between this Agreement and the Schedule Of Fees shall be governed by the Schedule Of Fees.  As indicated in the Schedule Of Fees, checking accounts, other than interest-bearing checking accounts (which are defined as "NOW accounts" under federal law), do not earn interest.  Only individuals and certain  nonprofit and governmental entities are eligible to hold an interest-bearing checking account, and we reserve the right to close or convert an account if we determine that the account holder is not eligible to hold an interest-bearing checking account.
     Except as noted in the Schedule Of Fees with respect to IRAs, interest will accrue on the collected balance in "savings deposits" and interest-bearing checking accounts at an interest rate which may change at any time.  If you are not sure whether your account is a "savings deposit" or an interest-bearing checking account, please ask us or refer to the Schedule Of Fees.  Interest will accrue on the book balance for time deposits.
12.  Time Deposits.
    a. Book Entry.  Certificates of Deposits (“Time deposits”) are maintained as book entries on the books of United Bank.
    b. Automatic Renewal. Unless otherwise indicated, all Time Deposit accounts are automatically renewable and will be renewed for successive terms equal to the initial term unless redeemed as provided herein.  The interest rate for any renewal term will be the applicable Time Deposit rate at the time of renewal, which may vary if the account is a Variable Rate IRA Time Deposit.  If at any maturity date United Bank no longer offers Time Deposit accounts of the same term and type, the amount then on deposit will be reinvested in a new Time Deposit which has similar features and benefits, to the extent possible, based on account availability.  Accounts that are not automatically renewable will not earn interest after the maturity date.
     c. Redemption.  We shall have the right to redeem an automatically renewable account at the end of the term by mailing you a written notice of our intent to redeem prior to the date of such redemption.  Unless we redeem the account in that manner, you may redeem within seven (7) calendar days after the maturity date of any term and redemption will be permitted without penalty.
     d. Early Withdrawal Penalty.  You have contracted to keep funds on deposit for the stated maturity.  You may not withdraw all or any part of this deposit prior to maturity except with our consent, which may be given only at the time such request for withdrawal is made.  If, upon your request, we permit redemption of all or any portion of the account prior to its maturity during the initial or any renewal term, an interest penalty, generally amounting to 180 days’ interest will apply.  Refer to the Truth In Savings account disclosure agreement which you received at the time of purchase of your Certificate of Deposit for complete information.
We will calculate all early withdrawal penalties at the nominal interest rate being paid on the deposit.  On Variable Rate Time Deposits, we will use the rate in effect at the time of withdrawal to calculate any early withdrawal penalties.  The interest penalty may require a reduction in the principal sum on deposit.
  We may honor a request for withdrawal of all or any portion of a Time Deposit prior to maturity without penalty upon the death of any owner of the Time Deposit, or if an owner of the Time Deposit is determined to be legally incompetent by a court or other administrative body or competent jurisdiction.  For an IRA Time Deposit, we may also honor a request for withdrawal without penalty if the owner becomes disabled.
    e. Availability And Reporting Of Interest.  On CD Time Deposits, interest is available to you and is reported to the IRS as it is earned, whether or not it is withdrawn prior to maturity.  Interest on IRA Time Deposits is not reported to the IRS as it is earned; interest is reported as taxable when the interest is withdrawn from the IRA.  Interest earned is available for withdrawal, but will be reported as a taxable distribution to the IRS.13.  Wire and ACH Transactions.
    a. Governing Rules.  From time to time you may be a party to an Automated Clearing House (ACH) entry or a wire transfer which may be credited to or charged against your account.  You agree that all wire transfers you initiate will be subject to the terms and conditions of our wire transfer agreement then in effect with respect to the type of transfer initiated.  With respect to ACH transactions which you have authorized, you agree to be bound by the National Automated Clearing House Association (NACHA) Operating Rules and any local ACH operating rules then in effect.  With respect to other electronic funds transfers, you agree to be bound by any rules then in effect governing the use of any system through which the funds may be transmitted including, but not limited to, Federal Reserve Board Regulation J with regard to Fedwire and the Clearing House Interbank Payments System (CHIPS) Operating Rules with regard to CHIPS.
    b. Notice.  We will notify you of the receipt of any ACH entry or wire transfer in your account statement, but we will not provide next-day notice or any other notice.  If you believe we have failed to properly credit a transfer to you, you agree to promptly notify your account officer or banking representative at the banking center where you do your principal business of all the relevant facts.
    c. Final Payment.  Any credit we give you resulting from an ACH credit entry or other wire transfer credit is provisional until we receive final payment.  If we do not receive final payment, or if we credit your account by mistake, you agree that we may reverse the credit to your account or that you will otherwise reimburse us if funds in your account are not sufficient.  In the event that the payment does not become final, the originator will not be deemed to have paid you the amount of the credit.
      d. Compensation.  If you are entitled to compensation for delay or improper completion of an ACH or wire transfer as a result of our error, our liability will be limited to the payment of interest for a period not exceeding the lesser of sixty (60) days or the period between the date of the error and the date of correction.  Any such compensation will be paid in our discretion by either (1) adjusting your account balance to reflect the average balances you would have had but for the error, or (2) direct payment of cash in an amount equal to interest at the average applicable Federal Funds rate for that period.
    e. Use Of Account Numbers.  You agree that payment for ACH or wire credit transfers may be made solely by reference to the account number of the recipient.  Neither we nor any other financial institution making or receiving such payments are obligated to determine whether a discrepancy exists between the name and the account number shown on the transfer information.
14.  Account Information.  You agree that we may furnish our customer lists to others.  We may also provide account information: (1) to Chex Systems, Inc. or other account information services, (2) to anyone who we reasonably believe is conducting a legitimate credit inquiry, subject to any applicable financial privacy laws or other laws or regulations, including without limitation, inquiries to verify the existence or condition of an account for a third party such as a merchant or credit bureau; (3) in response to any subpoena, summons, court or administrative order, or other legal process which we believe requires our compliance; (4) in connection with collection of indebtedness or to report losses incurred by us; (5) in compliance with any agreement between the Bank and a professional regulatory or disciplinary body; and (6) to United Bank Corporation and any of its subsidiaries or affiliates.  You acknowledge that we provide for your convenience various methods by which you can obtain information on your accounts, and that our reasonable security measures cannot absolutely ensure against "unauthorized" inquiries.  You therefore agree that we will not be responsible for the release of information to anyone not authorized by you who has gained possession of your ATM access device or who has learned your identifying characteristics such as personal identification number (PIN), account number, social security number, or home banking or convenience banking passwords.  You hereby authorize us to obtain credit reports, verification of employment and other information in respect of your accounts at any time.
15. Transferability/Assignment.  Your account is for your use only and is transferable only on our records.  You may not transfer or assign your account to anyone without our written consent.  We reserve the right not to acknowledge or accept attempted pledges or assignments of, or purported security interests in, any account.  Transaction accounts are not assignable.
16.  Dormant Accounts And Abandoned Property.  If we are unable to contact you through the U.S. Mail and you do not initiate activity in the account for a substantial period of time, which may be defined by applicable law or regulation, we will treat the account as being dormant.  Unless otherwise prohibited by law, you agree that we may charge dormant account fees on dormant accounts in addition to regular maintenance and other applicable fees.  Interest may or may not be paid on dormant interest-bearing accounts, depending on applicable legal requirements.  Unless otherwise required by applicable law, you are not entitled to recover any fees or unpaid interest, even after you reestablish contact with us.  In order to protect your funds, you agree that if we have deemed your account to be dormant, we may refuse to pay items drawn on or payable out of the account until you have reestablished contact with us.  After your account has been dormant for a certain period of time, as determined by state law, we will transfer the balance in your account to the state as abandoned property.
17. Indemnification/Limitation Of Liability.  Unless prohibited by law, you agree to reimburse us for any losses, liabilities and expenses (including our reasonable attorneys' fees) we may incur in connection with your account, except to the extent they are caused by our fault.  We will not be responsible for any loss to you caused by an event which is beyond our control, including, but not limited to, natural disasters, wars, riots, strikes, computer failure, or the loss of power, communication or transportation facilities.  You agree to pay our attorney's fees and costs, in addition to any obligations described above, in the event that we shall prevail in any legal proceeding arising out of your account or this Agreement.
18.  Recording.  You agree that we may tape record any telephone conversations you have with us regarding your account.  However, we are not obligated to do so and may choose not to in our sole discretion.
19.  Waiver.  Either of us may waive any of our rights or the other's obligations under this Agreement in a particular situation, without becoming obligated to treat future situations similarly.  A waiver of a particular right or obligation does not constitute a waiver of any other right or obligation under this Agreement.
20.  Governing Law/Jurisdiction/ Severability.  This Agreement will be governed by the laws and regulations of the State of Georgia and the United States.  Any lawsuit regarding your account must be brought in a proper court in the State of Georgia.  You hereby submit to the personal jurisdiction of the State of Georgia.  A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement.
21. Notices.  All notices concerning your account are effective when mailed or delivered to the address we have for you in our central account records.  If there is more than one depositor, notice to any one will be effective for all.
22. Gender/Singular-Plural.  Any references in this Agreement to gender include masculine, feminine and neuter.  Unless otherwise indicated by the context, any singular references include the plural and any plural references include the singular.
23. Arbitration.  Any controversy or claim between or among the parties hereto, having a value of more than $5,000.00, shall be determined by binding arbitration in accordance with the Federal Arbitration Act (or if not applicable, Georgia Law), the rules of practice and procedure for the arbitration of commercial disputes or Judicial Arbitration and Mediation Services / Endispute, Inc. ("JAMS").  Judgment upon any arbitration award may be entered in any court having jurisdiction.  Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim under this Agreement in any court having jurisdiction over such action.
     The arbitration shall be conducted in the State of Georgia or such other location as agreed by the parties and by JAMS who will appoint an arbitrator.
24. Amendment/Termination.  We may amend this Agreement, including our fee schedule, by posting amendments in our offices or by sending you a notice.  Your continued use of your account after the effective date of any amendment as stated in the notice, or after a reasonable time if no such date is stated, will constitute your acceptance of the terms of the amendment.  You may terminate this Agreement and your account at any time upon notice to us.  We may terminate this agreement and close your account at any time without notice.  If your balance remains at zero for one month, we reserve the right to consider your account closed.  However, this Agreement will continue to govern matters relating to your account which arose before termination or which may arise later.  We will have no responsibility for items which we do not pay after the account has been closed.
 
 
Regulatory Disclosures.
Your Ability to Withdraw Funds at United Bank.
    Our policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit.  Electronic direct deposits will be available on the day we receive the deposit.  Once they are available, you can withdraw the funds in cash, and we will use the funds to pay checks that you have written.
    For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays and Federal holidays.  If you make a deposit before 4:00 p.m. 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 4:00 p.m. or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
    Longer Delays May Apply.  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 fifth business day after the day of your deposit.  However, the first $100 of your deposits will be available on the first business day.  If we are not going to make all 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 a bank employee, or if we decide to take this action after you have left the premises, we will mail you the notice no later than 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.  In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: (1) we believe a check you deposit will not be paid; (2) you deposit checks totaling more than $5,000 on any one day; (3) you redeposit a check that has been returned unpaid; (4) you have overdrawn your account repeatedly in the last six months;  (5) there is an emergency, such as failure of communications or computer 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 eleventh 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 deposits of cash, wire transfers, first $5,000 of a days’ total deposits of cashiers, certified, teller’s , travelers, and federal , state and local government checks will be available on 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 deposited in person to one of our employees.  The excess of over $5,000 will be available on the ninth business day after the day of you 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,ooo will not be available until the second business day after the day of deposit.
     Funds from all other check deposits will be available no later than the ninth business day after the day of deposit.Electronic Funds Transfers.
Important Information About Your Electronic Funds Transfers, Your Deposit Accounts, Your United Bank ATM Card, And Your United Bank CheckCard.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS, TO REPORT UNAUTHORIZED TRANSFERS, TO DETERMINE IF A PRE-AUTHORIZED DEPOSIT HAS BEEN MADE, OR TO STOP PAYMENT OF PRE-AUTHORIZED TRANSFERS:
Write us ATTENTION: EFT COORDINATOR, at the address listed on the front of your monthly checking account statement or other periodic statement (which you receive monthly, or if there are no transfers in a particular month, at least quarterly).
    Or telephone us at the number listed on the front of your periodic statement.
    Telephone or write us as indicated above 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 you the FIRST statement on which the problem or error appeared.
    1. Tell us your name and account number.
    2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information.
    3. 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 tell you the results of our investigation within 10 business days (20 business days in the case of a transfer resulting from a point-of-sale debit card transaction or a transfer initiated outside of the United States) after we hear from you and will correct any error promptly.  However, depending upon the situation, we may take up to 45 days (90 days in the case of a transfer resulting from a point-of-sale debit card transaction or a transfer initiated outside of the United States) to investigate your complaint or question.  If we decide to do this, we will re-credit your account within 10 business days (20 business days in the case of a transfer resulting from a point-of-sale debit card transaction or a transfer initiated outside of the United States) 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 re-credit your account.
    If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation.  You may ask for copies of the documents that we use in our investigation.
Disclosure Of Customer's Liability For Unauthorized Transfers And Advisability Of Prompt Reporting.  Tell us AT ONCE if you believe your United Bank ATM Card or CheckCard or Personal Identification Code has been lost or stolen.
    Telephoning is the best way of keeping your possible losses down.
    You could lose all the money in your account, plus any funds available on your overdraft line of credit, if applicable.  If you believe your United Bank ATM card or CheckCard has been lost or stolen, and you tell us within two business days after you learn of the loss or theft, you can lose no more than $50.00 per account if someone used your United Bank ATM card or CheckCard without your permission.
    If you do NOT tell us within two business days after you learn of the loss or theft of your United Bank ATM card or CheckCard and we can prove we could have stopped someone from using your United Bank ATM card or CheckCard without your permission if you had told us, you could lose as much as $500.00 per account.
    Also, if your statement shows transfers that you did not make, 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.
Disclosure Of Telephone Number And Address To Be Notified In Event Of Unauthorized Transfer.  If you believe your United Bank ATM card or CheckCard has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, telephone us immediately.  During banking hours, nights, weekends, and holidays, call us at 770-412-7211; or write us as indicated at the beginning of these instructions.
    Disclosure Of Bank's Business Days.  Our business days are Monday through Friday; holidays are not included.
Disclosure Of Types Of Available Transfers And Limits On Transfers. You may designate up to a total of  two accounts to be accessed by your United Bank ATM card or CheckCard.  These accounts can be any mix of checking and savings accounts on which you are an authorized signer.
     a. Account access at United Bank ATM machines. You may use your United Bank ATM card or CheckCard to:
    (1) Withdraw cash from designated checking and savings accounts.
    (2) Make deposits to designated checking and savings accounts.
    (3) Transfer funds between designated checking and savings accounts
    (4) Verify the balance of designated checking and savings accounts.
    (5) Make payments, by envelope, to bank loans.
    b. Account Access At ATMs in the HONOR AND CIRRUS other than United Bank ATM machines.  You may use your United Bank ATM card or CheckCard to:
    (1) Withdraw money from your primary checking and savings accounts.
    (2)  Transfer funds between primary checking and savings accounts.
    (3) Verify the balance of your primary checking and savings accounts.
     Additionally, cash advances from selected United Bank MasterCard and Visa cards are available at our ATM’s and certain other terminals.  Some of the services may not be available at all terminals.
    c. Account access for purchases.  You can use your United Bank ATM card to make purchases at any merchant displaying the HONOR symbol.  Your CheckCard can be used to make purchases at both HONOR and MasterCard merchants worldwide.  The amount of your purchases are automatically deducted from your "primary" checking account.
    d. Limitations on dollar amounts of transfers.  You may make cash withdrawals each day up to $200 with a United Bank ATM card and  up to $500 each day with a CheckCard. There is a daily limit on purchases made at HONOR and MasterCard merchants.
    e. Account access through Access United Home Banking.  You may make transfers between your various accounts at United Bank.    Disclosure Of Charges For Transfers Or Right To Make Transfers.  If an account is subject to service charges, the prevailing service charge fees, if any, will apply to Electronic Fund Transfers ("paperless") items as well as "paper) items, such as checks.  Additional fees may apply to transfers initiated at terminals other than United Bank ATM machines.  All fees and charges are disclosed in the Schedule Of Fees brochure.
Disclosure Of Account Information To Third Parties.
We will disclose information to third parties about your account or the transfers you make:
    (1) Where it is necessary for completing transfers, or
    (2) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
    (3) In order to comply with government agency or court orders, or
    (4) If you give us your permission.
Disclosure Of Right To Receive Documentation Of Transfers.
    a. Terminal transfers.  You can get a receipt at the time you make any transfer to or from your account using an ATM or a point-of-sale (POS) terminal.
    b. Pre-authorized credits.  If you have arranged to have direct deposits made to your account at least once every 60 days from the sane person or company, you can call us at the telephone number indicated at the beginning of these disclosures to find out whether or not the deposit has been made.
    c. Periodic statements.  You will get a monthly account statement unless there are no transfers in a particular month.  In any case you will get the statement at least quarterly.
Disclosure Of Right To Stop Payment Of Pre-authorized Transfers, Procedure For Doing So, Right To Receive Notice Of Varying Amounts, And Financial Institution's Liability For Failure To Stop Payment.
    a. 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's how: Telephone or write us as indicated at the beginning of these disclosures 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. (We will charge you the current fee for each stop payment order to you.  See the Schedule Of Fees brochure for current fee amount.)
    b. 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.
    c. Liability for failure to stop payment of pre-authorized transfers.  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.
    Disclosure Of Financial Institution's  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
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 transfer would go over the credit limit on your overdraft line.
    *  If the ATM where you are making the transfer does not have enough cash.
    *  If the ATM or POS 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 power failure, fire, or flood) prevent the transfer, despite reasonable precautions that we have taken.
    *  There may be other exceptions stated in our agreement with you.
      Additional lnformation About Use of United Bank ATM Card Or CheckCard At Point-Of-Sale Terminals.
Each time your United Bank ATM card or CheckCard is properly used at a POS terminal, you authorize us to debit or credit your account (whichever is appropriate) for the total amount indicated on any debit or credit advice originated by use of your United Bank ATM card or CheckCard.  We will handle such debit or credit transactions the same as authorized checks drawn on your account.
      No cash refunds will be made on purchases made by use of your United Bank ATM card or CheckCard
      We will not be responsible for any claim you may have against any business establishment with respect to property or services purchased by use of your United Bank ATM card or CheckCard.  Any such claim must be directed to the business establishment that accepted your United Bank ATM card or CheckCard.
      We will not be responsible for any claim you may have against any business establishment for refusing to honor your United Bank ATM card or CheckCard.
      You may not stop payment with respect to any transaction originated by use of your United Bank ATM card or CheckCard.IRS Instructions For Substitute Form W-9.
(Section references are to the Internal Revenue Code.)
    The bank's signature card, along with this disclosure, represents a substitute form for IRS Form W-9.  For interest-bearing accounts, you are required to furnish your correct Taxpayer Identification Number (TIN) on the bank's signature card, and (1) to certify that the TIN you are furnishing is correct (or that you are waiting for a number to be issued), (2) to certify that you are not subject to backup withholding, and (3) to claim exemption from backup withholding if you are an exempt payee.  Furnishing your correct TIN and making the appropriate certifications will prevent certain payments from being subject to backup withholding.  Your account's interest and any backup withholding will be reported to the IRS under the TIN you indicate on the bank's signature card.
    How To Obtain A TIN.  If you do not have a TIN, apply for one immediately.  To apply, get Form SS-5, Application for a Social Security Number Card (for individuals) from your local office of the Social Security Administration, or Form SS-4, Application for Employer Identification Number (for businesses and all other entities), from your local Internal Revenue Service office.
    If you give the requester your correct TIN, make the appropriate certifications, and report all your tax If you do not have a TIN, write "Applied For" on the Bank's signature card.  Generally, you will then have 60 days to obtain a TIN and furnish it to the requester.  If the requester does not receive your TIN within 60 days, backup withholding, if applicable, will begin and continue until you furnish your TIN to the requester.  For reportable interest or dividend payments, the payer must exercise one of the following options concerning backup withholding during this 60-day period.  Under option (1), a payer must backup withhold on any withdrawals you make from your account after 7 business days after the requester receives this form back from you.  Under option (2), the payer must backup withhold on any reportable interest or dividend payments made to your account, regardless of whether you make any withdrawals.  The backup withholding under option (2) must begin no later than 7 business days after the account is opened.  Under option (2) the payer is required to refund the amounts withheld if your certified TIN is received within the 60-day period and you were not subject to backup withholding during that period.
Note: Writing "Applied For" on the form means that you have already applied for a TIN OR that you intend to apply for one in the near future.
    As soon as you receive your TIN, complete a Form W-9, include your TIN, sign and date the form, and return it to the Bank.
What Is Backup Withholding? Persons making certain payments to you are required to withhold and pay to the IRS 31% of such payments under certain conditions.  This is called "backup withholding." Payments that could be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee compensation, and certain payments from fishing boat operators, but do not include real estate transactions
     If you give the requester your correct TIN, make the appropriate certifications, and report all your taxable interest and dividends on your tax return, your payments will not be subject to backup withholding.  Payments you receive will be subject to backup withholding if-
    (1) You do not furnish your TIN to the requester, or
    (2) The IRS notifies the requester that you furnished an incorrect TIN, or
    (3) You are notified by the IRS that you are subject to backup withholding because you failed to report all your interest and dividends on your tax return (for reportable interest and dividend accounts only), or
    (4) You fail to certify to the requester that you are not subject to backup withholding under (3) above (for reportable interest and dividend accounts opened after 1983 only), or
    (5) You do not certify your TIN.  This applies only to reportable interest, dividend, broker, or barter exchange accounts opened after 1983, or broker accounts considered inactive in 1983.  For other payments, you are subject to backup withholding only if (1) or (2) above applies. Certain payees and payments are exempt from backup withholding and information reporting.  See Payees and Payments Exempt From Backup Withholding, below, if you are an exempt payee.
Payees and Payments Exempt From Backup Withholding.  The following is a list of payees exempt from backup withholding and for which no information reporting is required.  For interest and dividends, all listed payees are exempt except item (9).  For broker transactions, payees listed in (1) through (13), and a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker are exempt.  Payments subject to reporting under sections 6041 and 6041A are generally exempt from backup withholding only if made to payees described in items (1) through (7), except that a corporation that provides medical and health care services or bills and collects payments for such services is not exempt from backup withholding or information reporting.  Only payees described in items (2) through (6) are exempt from backup withholding for barter exchange transactions, patronage dividends, and payments by certain fishing boat operators.
    (1) A corporation.
    (2) An organization exempt from tax under section 501(a), or an individual retirement account (IRA), or a custodial account under 403(b)(7).
    (3) The United States or any of its agencies or instrumentalities.
    (4) A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities.
    (5) A foreign government or any of its political subdivisions, agencies or instrumentalities.
    (6) An international organization or any of its agencies or instrumentalities.
    (7) A foreign central bank of issue.
    (8) A dealer in securities or commodities required to register in the U.S. or a possession of the U.S.
    (9) A futures commission merchant registered with the Commodity Futures Trading Commission.
    (10) A real estate investment trust.
    (11) An entity registered at all times during the tax year under the Investment Company Act of 1940.
    (12) A common trust fund operated by a bank under section 584(a).
    (13) A financial institution.
    (14) A middleman known in the investment community as a nominee or listed in the most recent publication of the American Society of Corporate Secretaries, Inc., Nominee List.
    (15) A trust exempt from tax under section 664 or described in section 49
        Payments of dividends and patronage dividends generally not subject to backup withholding also include the following:
*  Payments to nonresident aliens subject to withholding under section 1441.
*  Payments to partnerships not engaged in a trade or business in the U.S. and that have at least
     one nonresident partner.
*  Payments of patronage dividends not paid in money.
*  Payments made by certain foreign organizations.
       Payments of interest generally not subject to backup withholding include the following:
* Payments of interest on obligations issued by individuals.  Note: You may be subject to backup withholding if this interest is $600 or more and is paid in the course of the payer's trade or business and you have not provided your correct
TIN to the payer.
* Payments of tax-exempt interest (including exempt-interest dividends under section 852).
* Payments described in section 6049(b)(5) to nonresident aliens.
* Payments on tax-free covenant bonds under section 1451.
* Payments made by certain foreign organizations.
* Mortgage interest paid by you.
        Payments that are not subject to information reporting are also not subject to backup withholding.  For details, see sections 6041, 6041(a), 6042, 6044, 6045, 6049, 6050A, and 6050N, and their regulations.
Exempt Payees And Payments.  If you are exempt from backup withholding, you should complete a Form W-9 to avoid possible erroneous backup withholding.  Enter your correct TIN.  Indicate "Exempt" and sign and date the form.  If you are a nonresident alien or foreign entity not subject to backup withholding, give the requester a completed Form W-8, Certificate of Foreign Status.
Penalties.
Failure To Furnish TIN.  If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil Penalty For False Information With Respect To Withholding.  If you make a false statement with no reasonable basis that results in no imposition of backup withholding, you are subject to a penalty of $500.
Criminal Penalty For Falsifying Information.  Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse Of TINS.  If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Privacy Act Notice.  Section 6109 requires you to furnish your correct taxpayer identification number (TIN) to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, or contributions you made to an individual retirement account (IRA).  The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return.  You must provide your TIN whether or not you are required to file a tax return.  Payers must generally withhold 31% of taxable interest, dividend, and certain other payments to a payee who does not furnish a TIN to a payer.  Certain penalties may also apply.