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Deposit Account Agreement

Deposit Account Agreement

Deposit Account Agreement

Deposit Account Agreement

DEPOSIT ACCOUNT AGREEMENT - IL

General Agreement. The terms "you" and "your" refer to the depositor (whether joint or individual) and the terms "we," "us" and "our" refer to the financial institution. The acronym "NOW" means Negotiable Order of Withdrawal. You understand the following Account Agreement ("Agreement") governs your account with us. Your account is also governed by other applicable documents, such as the Truth In Savings Account Disclosure and Privacy Policy, and where applicable, the Funds Availability Policy and Electronic Fund Transfer (Agreement and) Disclosure ("Disclosures"), which are incorporated by reference. By providing a written or electronic signature on the Account Information document or other agreement to open your account, or by using any of our deposit account services, you and any identified account owners agree to the terms contained in this Account Agreement.

General Rules. The following rules apply to all types of accounts:

1. Deposits. Deposits may be made in person, by mail, or in another form and manner as agreed by us in our sole discretion. We are not responsible for transactions mailed until we actually receive and record them. We may, at our sole discretion, refuse to accept particular instruments as deposits. Cash deposits are credited to your account according to this Agreement. Other items you deposit are handled by us according to our usual collection practices. If an item you deposit is returned unpaid, we will debit your account and adjust any interest earned. You are liable to us for the amount of any check you deposit to your account that is returned unpaid. In addition, you are liable to us for all costs and expenses related to the collection of any or all of that amount from you. Funds deposited to your account are available in accordance with the Disclosures.

2. Collection of Deposited Items. In receiving items for deposit or collection, we act only as your agent and assume no responsibility beyond the exercise of ordinary care. All items are credited subject to final settlement in cash or credits. We shall have the right to forward items to correspondents including all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents to utilize Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse. If we permit you to withdraw funds from your account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.

3. Set-offs and Liens. We may set-off funds in your account and any other accounts held by you, jointly or individually, to pay any debt you may owe us; this includes any item(s) that we have cashed for you that are returned to us unpaid. If the account is a joint account, we may offset funds for the debt of any one of the owners. In addition, you grant to us a security interest in your deposit accounts to secure any debt you may owe us in any non-consumer transaction.

4. Claims. In response to any garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, other order of court or other legal process ("Claim(s)"), we have the right to place a hold on, remove from your account(s) and/or remit to the designated third-party(ies) any amount on deposit in your account(s) as set forth in and required by such Claim(s). If the account(s) is/are held jointly, we may place the hold, remove from the account(s) and/or remit the amounts from the account(s) arising from any Claim(s) relating to any one or more of the account holders. In addition, we may charge against your account(s) any fee authorized by law in connection with the Claim(s) or as otherwise set forth in the Disclosures.

5. Expenses. You agree to be liable to us for any loss, costs or expenses that we incur as a result of any dispute involving your account, including reasonable attorneys' fees to the extent permitted by law, and you authorize us to deduct such loss, costs or expenses from your account without prior notice to you.

6. Dormant Accounts. You understand that if your account is dormant, you may be charged the fee specified in the Disclosures and we may stop paying interest to the extent permitted by law. You understand that your account balance may be escheated (that is, turned over to the state) in accordance with state law.

7. Joint, Trust, Fiduciary and Custodial Accounts. You acknowledge that if your account is set up as a joint, trust, fiduciary or custodial account, it is your sole responsibility to determine the legal effects of opening and maintaining an account of this nature.

8. Joint Account. If this is a joint account, all deposits are the property of the person(s) indicated on the account and we may release all or any part of the amount in the account to honor checks, withdrawals, orders or requests from any person named on this account. Any person named on the account is liable for the amount of any overdraft regardless of whether he or she signed the item or benefited from the proceeds of the item. Upon receiving written notice from any person named on the account, we may freeze the account. The account may be frozen until we receive written notice, signed by all parties named in the account, as to the disposition of funds. We may use the funds to satisfy a debt or judgment of any person named on this account if ordered to do so by a court of law.

9. Joint Account With/Without Right of Survivorship. If this is a joint account with right of survivorship, on the death of one of the account holders, that person's interest in the account immediately vests in the surviving joint account holder(s) as their separate property. If this is a joint account without right of survivorship and we receive written notice of the death of a joint account holder, we may freeze the account until we receive satisfactory evidence as to the disposition of the account.

10. In Trust For or Payable on Death Account. If this account is noted as an In Trust For or Payable on Death account, the trustee(s) may change the named beneficiary(ies) at any time by a written direction to us. The trustee(s) reserves the right to withdraw all or part of the deposit at any time. Such payment or withdrawal shall constitute a revocation of the trust agreement as to the amount withdrawn. The beneficiary(ies) acquires the right to withdraw only if: (i) all of the trustees die, and (ii) the beneficiary is then living. The beneficiary(ies) is only entitled to the amount that is in the trust after all of the trustee's(s') outstanding checks and debits have been paid. If all of the beneficiaries predecease the trustee(s), the named beneficiary's(ies') death shall terminate the trust and title to the money that is credited to the trust shall vest in the trustee(s). If two or more beneficiaries are named and survive the death of all of the trustees, such beneficiaries will own this account in equal shares without right of survivorship.

11. Custodial Account. A custodial account is subject to applicable law as adopted by the state in which the account is opened. The documents that authorize the custodianship may be required for the account. An account opened under the Uniform Transfers/Gifts to Minors Act must be opened in the name of a custodian "as custodian for (name of minor) under the Uniform Transfer to Minors Act". There may be only one custodian and one minor as beneficiary for each minor account.

12. Power of Attorney. If you wish to name another person to act as your attorney in fact or agent in connection with your account, we must approve the form of appointment.

13. Fees, Service Charges and Balance Requirements. You agree you are responsible for any fees, charges, balance, or deposit requirements as stated in the Disclosures. 

14. Insufficient Funds Overdrafts and Returned Items If your account does not have sufficient funds to pay an item, we may (i) return the item and charge you a returned item fee as outlined in the Special Service Fees Schedule provided to you at account opening; or (ii) pay such item which will create a negative balance in your account and charge you an overdraft paid fee as outlined in the Special Service Fees Schedule provided to you at account opening. This negative balance created by the payment of an item when you do not have sufficient funds is called an “Overdraft”. Items are any debits or withdrawals presented to us for processing. A previously presented debit or withdrawal is a new item if presented for payout again and therefore may be subject to additional fees as a new item. Items generally include checks (including electronic and substitute), Electronic Fund Transfers (ATM withdrawals, Account to Account and Point of Sales Transactions, debit card transactions, ACH transactions), transfers made in person, over the phone or by online banking to include mobile banking, Bill Pay, Zelle Transactions and fees.

Impact of Holds We will use your account’s available balance to determine if your account has sufficient funds. We will look at this balance only once per business day to determine if an item will cause an overdraft. Your available balance will be calculated as the previous day’s balance plus any deposits or credits, minus any withdrawals or debits, minus any holds. A hold is a specific dollar amount that is restricted. A hold can be placed for reasons such as deposit related holds (including holds on non-cash deposits made in accordance with our Funds Availability Policy Disclosure or for cashing a check against your account when the check is drawn on an account at another financial institution), to secure a debt, debit card authorizations, disputes, levies, citations, judgments, garnishments, court orders or other legal process. A hold will reduce your accounts available balance and you will not have access to these funds to cover checks and other items until the hold is released. Overdrafts may occur while a hold is in place because your available balance may not be sufficient to cover all transactions being presented.

When a debit card transaction has been authorized, we will place a hold on your account for the amount of the transaction which will reduce your account’s available balance. The hold that is placed is a general hold and will not be used specifically for the debit card transaction that has been authorized. There could be days in between when the merchant or vendor authorizes the payment and when the transaction is settled. Though we have placed a hold for the transaction, your available balance may change between the time the transaction is authorized and the time the transaction is paid. For some merchants (i.e. hotels, restaurants, gas stations, car rental agencies) an estimate of the total anticipated purchase amount will be made for the purpose of determining an authorization amount. As a result, the amount of the hold placed against your account may be less than or greater than the final transaction amount presented. Your balance will be reduced by the hold amount from the time we receive the notice that you have approved the transaction by using your debit card or your debit card number until the item is presented for processing. The authorization hold will remain in place until the transaction is settled or a maximum of three (3) business days (or up to seven (7) business days for online transactions). After the three (3) business days, the authorization hold will be released and funds held will be added back to your available balance. If and when the transaction is presented for payment, your account may be overdrawn if you do not have a sufficient available balance. If you have sufficient available funds when your transaction is authorized, you will not be charged an overdraft paid fee for the debit card transaction that created an overdraft, however any subsequent checks, ACH transactions or other debits may be subject to overdraft paid fees or the items may be returned and subject to returned item fees. An example of how a debit card transaction can impact overdrafts:

Today your checking account has a $100 available balance and you make a $75 debit card purchase. Your available balance will immediately reflect the hold of $75, leaving an available balance of $25. If another debit transaction is processed for an amount greater than the available balance of $25, this subsequent transaction may result in an overdraft and a possible overdraft paid fee or we may return the subsequent transaction which will result in a returned item fee.

Posting Order:

We determine the order in which we process items in your account. This may have an effect on your account’s balance and can impact overdrafts and ultimately the amount of overdraft paid fees. We may pay or authorize some items, and decline and/or return others in any order we determine. At the end of each Business Day, which is considered every day except Saturdays, Sundays and federal holidays, regardless of when we have received a transaction for processing, we determine your balance by posting deposits or credits and withdrawals or debits presented during the day in the following order:

  • First: Credits – items such as deposits, credit transfers, incoming wires and ACH credits
  • Second: Debits – will be processed based on category in the following order:
    • ATM and Debit card transactions - including Account to Account and Point of Sale transactions will be posted by dollar amount in an order of low to high.
    • Preauthorized ACH return items, deposited items returns (including the fee), wire transfer debits (including the fee), checks presented for payment at any Wintrust affiliated branch, and any other transfer debit transactions will be posted by dollar amount in an order of low to high.
    • Inclearing checks, ACH debits, Bill Pay, and Zelle transactions will be posted by dollar amount in an order of low to high.
    • Fees and other miscellaneous debit transactions will be posted by dollar amount in an order of low to high.

Changing Posting Orders

You agree we may determine at our discretion the order in which items are posted to your account, the posting categories, and the transactions and order within the posting categories and you agree that we may make changes to this at any time without notice to you. We may choose our posting order regardless of whether additional fees result.

Transactions Made After Business Day Cut-Off

We may reflect certain transactions you have made after our Business Day cut-off time, but before the end of the calendar day. These transactions will show on your statement as posting to your account the Business Day after the transaction was made. Transactions that may be reflected in your account’s available balance if made after the Business Day cut-off time, but before the end of the calendar day are noted below. Because these transactions affect your account’s available balance, overdrafts, returned items or the associated fees may occur.

Transactions included are:

  • Cash deposited at one of our ATMs or branches.
  • Transfers to or from your accounts with us where the transfer is made at one of our ATMs or branches, through online banking, mobile banking, Telebank or over the phone.
  • Cash withdrawals made at one of our ATMs or branches.

Avoiding Overdrafts

You can avoid fees for overdrafts or returned items by making sure that your account always has a sufficient available balance to cover all items. We offer financial services training which can assist you in better understanding how to manage your account with a goal of enabling you to not incur overdrafts and the associated fees applied when an overdraft is paid or returned.

We offer consumer and many business customers the following overdraft protection options. These overdraft protection options may help in avoiding or reducing the number of overdrafts or returned items associated with your account and ultimately reduce the amount of fees charged in connection with these transactions. Please talk to a banker for more details or to apply for any one of these overdraft protection options.

Please know we may permit overdraft transactions to occur for online banking transactions such as bill payments or funds transfers, Zelle transactions, telephone initiated funds transfers, in person or ATM transfers. We will not charge you for overdrafts related to Zelle transactions. In addition, we will not charge you for overdrafts associated with ATM withdrawals or one-time, non-reoccurring debit card transactions unless you have authorized the payment of these transactions.

To help avoid overdrafts and monitor your available balance, you can receive a text message which will notify you when your available balance is at risk of becoming too low to cover items. You need to enroll in online banking to activate this account benefit and are encouraged to do so at account opening. You will be responsible for establishing the account balance level at which you want to be notified by text message and must be certain to ensure we have your current mobile phone number at all times. Your wireless carrier’s standard text messaging and data rates may apply.

Consumer and Business Overdraft Protection from another Deposit Account – Linked Account

This option links your primary account to a secondary deposit account you have opened with us for overdraft protection. The secondary deposit account can be another checking, savings, or money market account.

If you do not have a sufficient available balance in your primary account to cover an item, we may automatically transfer funds from your secondary deposit account to your primary account. The transfer may help prevent items from being returned along with the imposition of returned item or overdraft paid fees. Transfers will only occur once per Business Day. In the event that your secondary account does not have a sufficient available balance to cover an entire overdraft, we may transfer all available funds to your primary account.

If you use your savings or money market account for this service, each transfer counts as one of the six limited transactions you are allowed each month from your savings or money market account. In the event any account is closed, the automatic transfers will be terminated.

Consumer and Business Overdraft Protection Line of Credit

This option links an unsecured line of credit directly to your checking account for overdraft protection. You must apply for the Overdraft Protection Line of Credit which will be reviewed following our standard underwriting guidelines. You will be notified of any approved or declined Overdraft Protection Line of Credit applications.

In the event your account does not have a sufficient available balance to cover an item, we may automatically advance funds from your linked Overdraft Protection Line of Credit and transfer the funds to your account. This advance is made subject to the terms and conditions described in the Line of Credit Agreement.

Under the Line of Credit Agreement we make transfers in a minimum amount. If the available balance on the line of credit is less than the total overdraft amount, we will transfer the total available amount which may still result in an overdraft and an overdraft paid fee being charged. To have an Overdraft Protection Line of Credit, at least one of the Account Owners must be a borrower under the Overdraft Protection Line of Credit Agreement. Certain restrictions may apply.

Transfers will only occur once per Business Day. Monthly payments of principal and interest will be made to your Overdraft Protection Line of Credit automatically by debiting your account. If your checking account is closed for any reason, the amount outstanding on your Overdraft Protection Line of Credit must be paid immediately and the line of credit will be closed.

Consumer Standard Overdraft Practice

Our Consumer Standard Overdraft Practice is a standard feature of eligible accounts and you are informed of this feature at the time of account opening. There are accounts which are not eligible for our Consumer Standard Overdraft Practice, which include but are not limited to Money Smart Checking and Savings Accounts, Student Checking Accounts, Health Savings Accounts, accounts falling under Regulation O, and Junior Savers Accounts. With our Consumer Standard Overdraft Practice, we may authorize and pay overdrafts for most types of transactions.

We will pay overdrafts using our discretion. We do not guarantee that overdrafts will be paid. We may pay all or some of your overdrafts using criteria such as how long your account has been opened, if you have additional accounts with us, the status of these accounts, the frequency of deposits, and the frequency and duration of overdrafts, however, we do not guaranty that we will continue to authorize and pay future overdrafts.  If we do not pay your overdraft, the Item(s) will be either declined if using an ATM or debit card or the item(s) will be returned unpaid. 

As part of our Consumer Standard Overdraft Practice, we will not authorize overdrafts for ATM transactions or everyday non-recurring debit card transactions, usually purchases made with your debit card or debit card number on a one-time basis, when the merchant has submitted an authorization to us, unless you authorize us to pay such overdrafts by signing the Overdraft Services Consent Form provided to you at account opening. Some merchants do not obtain an authorization for debit card transactions. Therefore, an everyday non-recurring debit card transaction may create an overdraft even if you have not authorized us to pay these types of transactions.

Overdraft Services Consent Form - If you, the Account Owner, desire to authorize the payment of overdrafts created by ATM or non-recurring debit card transactions you would apply for this optional service by completing, signing and submitting the Overdraft Services Consent Form to us. By signing this form, you would authorize us to pay transactions related to ATM transactions and everyday non-recurring debit card transactions that would create an overdraft. 

Business Standard Overdraft Practice

Our Business Standard Overdraft Practice is a standard feature of eligible checking accounts and you are informed of this feature at account opening. With our Business Standard Overdraft Practice we may authorize and pay overdrafts for most types of transactions using our discretion.

As part of the Business Standard Overdraft Practice we may authorize overdrafts for ATM transactions or everyday debit card transactions.

We will pay overdrafts using our discretion. We do not guarantee that overdrafts will be paid. We may pay all or some of your overdrafts using criteria such as how long your account has been opened, if you have additional accounts with us, the status of these accounts, the frequency of deposits, and the frequency and duration of overdrafts, however, we do not guaranty that we will continue to authorize and pay future overdrafts.  If we do not pay your overdraft, the item(s) will be either declined if using an ATM or debit card or the item(s) will be returned unpaid.

Consumer and Business Accounts - Declining Standard Overdraft Practice

 You always have the option to decline our Standard Overdraft Practice at any time. Should you decide that you would like to decline this service; a Banker will provide you with the Overdraft Standard Practice Customer Opt-Out Form which would need to be signed and returned to us.   

 If you decline our Standard Overdraft Practice, we will automatically return all items if you have an insufficient available balance. If you choose to have all items returned, you may still be charged a returned item fee as described in the Special Service Fees Schedule which was provided to you at account opening. There are certain transactions that may create an overdraft even if you decline our Standard Overdraft Practice. These transactions include:

  1. Everyday non-recurring debit card transactions where the merchant has not obtained an authorization on a positive available balance;
  2. Debit card transactions were the transaction was authorized on a positive Available Balance;
  3. Final amount of a debit card transaction where the final amount processed was greater than the authorization amount; 
  4. Recurring debit card transactions where the first transaction was authorized but subsequent transactions are not submitted for authorization.  Recurring debit card transactions are set up to occur automatically on a regular basis which frequently include monthly bill payments or when completed using an application on a mobile device.

Consumer and Business Accounts - Responsibility to Repay Overdrafts

You must immediately pay the amount of any overdraft along with any fees or costs associated with the overdraft. If you share ownership of your account, each person is responsible for the repayment of the overdraft regardless if they were the one to create the overdraft. If you do not do so, you may be charged additional fees or interest. We may also report you to the consumer reporting agencies, close your account or take both actions. Such actions could affect your ability to open accounts with us or other banks in the future.

You authorize us to use the money from any subsequent deposits to your Account to pay any overdraft and resulting fees. Subsequent deposits may include any federal or state benefit payments including Social Security benefits that you deposit in any account. You understand and agree that if you do not want your benefits applied in this way, you many change your direct deposit instructions at any time.

You agree to pay all costs and expenses we incur in collecting any overdraft even if an overdraft has been charged off.

15. Amendments and Alterations. You agree that the terms and conditions governing your account may be amended by us from time to time. We will notify you of amendments as required by applicable law. Your continued use of the account evidences your agreement to any amendments. Notices will be sent to the most recent address shown on the account records. Only one notice will be given in the case of joint account holders.

16. Notices. You are responsible for notifying us of any address or name changes, the death of an account holder or other information affecting your account. Notices must be in a form and manner acceptable to us with enough information to allow us to identify the account. Notice sent by you to us is not effective until we have received it and have a reasonable opportunity to act on it. Written notice sent by us to you is effective when mailed to the last address supplied.

17. Closing Account. We may close the account at any time, with or without cause, by sending you notice and a check for the balance in our possession to which you are entitled. At our discretion, we have the authority to pay an otherwise properly payable check, which is presented after the closing of your account.

18. Transfers and Assignments. You cannot assign or transfer any interest in your account unless we agree in writing.

19. Applicable Laws and Regulations. All actions relating to your account, including this Agreement, will be governed by the laws and regulations of the United States and the state in which your bank’s principal place of business is located (either Illinois or Wisconsin, and only to the extent that such state law is not preempted by federal law).  Federal and the applicable state law shall be applied without giving effect to principles of conflicts of law.

20. ACH and Wire Transfers. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted by the state in which the account is opened. If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary 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. If you are a party to an Automated Clearing House ("ACH") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association ("NACHA") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.

Provisional Payment. Credit we give you is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
Notice of Receipt. We will not provide you with notice of our receipt of the order, unless we are so requested by the transfer originator in the order. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.
Choice of Law. We may accept on your behalf payments to your account which have been transmitted, that are not subject to the Electronic Fund Transfer Act, and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state where we are located.
International ACH Transactions. If your transaction originates from a financial agency that is outside of the territorial jurisdiction of the United States, it may be subject to additional review for compliance with the rules of the Office of Foreign Assets Control (OFAC). If additional review is required, the International ACH transaction will not be available to you until it passes final verification.

21. Stop Payments. For accounts with check writing privileges, you may order us to stop payment of a check provided it has not already been accepted, guaranteed, cashed or otherwise paid by us. You may notify us by via telephone or in writing. The notification must include the account number, check number and date, the name of the payee and the exact amount (dollars and cents) of the check. The request must be received at least one (1) business day prior to the bank receiving the check for payment. For Electronic Funds Transfers, if you have told us in advance to make regular payments out of your account, you can stop these payments. If a stop payment request involves an ACH debit, an Unauthorized or Revoked ACH Debit Affidavit may be required. Call us or write us, in time for us to receive your request three (3) Business Days or more before the transfer is scheduled to be made. Our normal stop payment fee and procedure will apply for this service. If you order us to stop one of these payments three (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. Stop payment notification may be made by any account holder, regardless of who signed the check. We are not responsible for stop payment orders if we receive incorrect information. The stop order goes into effect whenever our staff records it on the account. We will confirm your stop payment order in writing, and you should advise us immediately of any changes or corrections. Your account will be charged our customary fee for a stop payment (refer to the separate fee section of the disclosures). Stop payment orders are valid for twelve (12) months unless cancelled by you. After that time, the check may be paid and charged to your account unless you renew the stop payment in writing (for an additional fee).

22. Checks. All negotiable paper ("checks") presented for deposit must be in a format that can be processed and we may refuse to accept any check that does not meet this requirement. All endorsements on the reverse side of any check deposited into your account, or on any check issued by you, must be placed on the left side of the check when looking at it from the front, and must be placed so as to not go beyond an area located 1-1/2 inches from the left edge of the check when looking at it from the front. It is your responsibility to ensure that this requirement is met. You are responsible for any loss incurred by us for failure of an endorsement to meet this requirement.

23. Electronic Checks. Pursuant to Regulation CC, electronic checks may be treated the same as paper checks for check collection and processing purposes.

24. Substitute Checks. To make check processing faster, federal law permits financial institutions to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute check(s).

25. Stale or Postdated Checks. We reserve the right to pay or dishonor a check more than 6 months old without prior notice to you. If you can write checks on your account, you agree not to postdate any check drawn on the account. If you do and the check is presented for payment before the date of the check, we may pay it or return it unpaid. We are not liable for paying any stale or postdated check. Any damages you incur that we may be liable for are limited to actual damages not to exceed the amount of the check.

26. Check Safekeeping. If you can write checks on your account and utilize check safekeeping or any other system offered by us for the retention of your checks, you understand that the canceled checks will be retained by us and destroyed after a reasonable time period or as required by law. If for any reason we cannot provide you with a copy of a check, our liability will be limited to the lesser of the face amount of the check or the actual damages sustained by you. When you request a copy of a check it may be subject to a fee as defined in the Disclosures.

27. Statements. If your account is a Checking, NOW, Money Market, or Statement Savings account, we will provide you with a periodic statement showing the account activity. The account holder who receives this statement is the agent for his/her co-account holder(s) for purposes of receiving the statement and items. You must notify us within 30 days after we mail or otherwise make the statement available to you of any discrepancies, except for transfers governed by the Wire Transfer Agreement. If you fail to notify us, you will have no claim against us. However, if the discrepancy is the result of an electronic fund transfer, the provisions of our Disclosures will control its resolution. If you do not receive a statement from us because you have failed to claim it, or have supplied us with an incorrect address, we may stop sending your statements until you specifically make written request that we resume sending your statements and you supply us with a proper address.

28. Electronic Signatures. You consent and agree that your use of a keypad, mouse or other device to select an item, button or icon or similar act/action while using any electronic service we offer; or in accessing or making transactions regarding any agreement, acknowledgement, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to validate your electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or resulting contract between you and the Bank. You understand and agree that your e-Signature executed in conjunction with the electronic submission of your application shall be legally binding and such transaction shall be considered authorized by you.

29. Signatures. If you choose to come into one of our locations and sign an Account Information form, your signature on the Account Information form is your authorized signature. At that time, if applicable, your account will be eligible for access via checks, drafts or orders of withdrawal for the payment of money. 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 regardless of by whom or by what means (including facsimile signature(s)) may have been affixed so long as they resemble the signature specimen in our files. For withdrawal and for other purposes relating to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the instrument or instruction is not genuine.

If your items are signed using any facsimile signature or non-manual form of signature, you acknowledge that it is solely for your benefit and convenience. You agree that no facsimile signature you have authorized us to honor may be considered a forgery or an unauthorized signature, and that every authorized facsimile signature shall be effective as the signatory's own original, manual signature. You accept sole responsibility for maintaining security over any device affixing the signature as such signature will be effective regardless of whether the person affixing it was authorized to do so. Your authorization notwithstanding, we are not obligated to accept or pay any items bearing facsimile signatures.

Further, most checks and other items are processed automatically, i.e., without individual review of each check or item. Therefore, unless we agree in a separate writing, in our sole discretion, upon your request and due to unique circumstances to conduct individual review of checks or other items for more than one signer, you agree that we are acting within common and reasonable banking practices by automatically processing checks and other items, i.e., without individual review of each check or item. You agree to indemnify, defend, and hold us harmless from and against all loss, costs, damage, liability, and other injury (including reasonable attorney fees) that you or we may suffer or incur as a result of this practice.

30. Restrictive Legends. We are not required to honor any restrictive legend on checks you write unless we have agreed to the restriction in a writing signed by an officer of the financial institution. Examples of restrictive legends are "two signatures required", "must be presented within 90 days" or "not valid for more than $1,000.00."

31. No Waiver. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege available to us under this Agreement shall affect or preclude our future exercise of that right, remedy, power or privilege.

32. Internet Gambling or Illegal Transactions. If we reasonably believe a transaction is prohibited or involves other illegal activities, we reserve the right to refuse a transaction, freeze your account, or close your account. Under the Unlawful Internet Gambling Enforcement Act, transaction, including checks, card transactions, electronic funds transfers, wires, drafts, or credit transactions that fund illegal internet gambling, are prohibited. You agree that you will not use your account to participate in any unlawful internet gambling transactions or illegal transactions.

33. Telephone, Electronic Communications and Authorization to Record Calls. You agree that we may listen to or record telephone calls between you and our representatives without additional notice to you.
Further, you expressly agree that we may contact you at the email address, phone number, and address that you provide to us or that we obtain, including from a third party. By providing us with a telephone number (including but not limited to a wireless/ cellular, mobile telephone number and/or email address), you authorize us to contact you for our everyday business purposes (including but not limited to your account application, account management/maintenance, informational messages, debt collection, fraud prevention, survey/ research, identity verification, compliance with federal or state law or regulations, and/or to determine how you intend to use and fund your account) using automatic telephone dialing systems, artificial or prerecorded voice message systems and text messaging systems in order to provide you with information or to seek information about, or to otherwise discuss (i) this Agreement and any transactions hereunder, or (ii) any other agreements or transactions that you may now have or may in the future establish or conduct with us. You authorize us to make such contacts using any telephone numbers (including wireless, landline and Voice over Internet Protocol numbers) you have supplied or may in the future supply to us in connection with this Agreement or the transactions hereunder, or any other agreement or transaction you may now have or may in the future establish or conduct with us.
34. Merger Clause. This Agreement constitutes the entire agreement between the contracting parties concerning the subject matter hereof. All prior agreements, discussions, representations, warranties and covenants are merged herein. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this Agreement. 
35. Products and Services covered by Separate Agreements. Wire transfers, Mobile banking, Remote Capture Deposit and Online Banking and Bill Payment are covered by separate service specific agreements and those separate service specific agreements are expressly incorporated into this Agreement, even if executed at different times. Wherever possible, this Agreement and any separate service specific agreement you may have with us shall be interpreted in a way to give full effect to all provisions of agreements.  Unless otherwise provided in this Agreement, should any provision contained in this Agreement conflict with any provision in a separate service specific agreement, the provision contained in the service specific agreement shall govern. Please contact a personal banker for further information regarding these products and services. 

36. Arbitration. You and we agree that upon the election of either of us, any Covered Dispute (as defined below) will be resolved by binding arbitration on an individual basis, rather than through jury trials or class actions. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS DISCUSSED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT.
What claims or disputes are subject to arbitration?
The Covered Disputes that we are agreeing to arbitrate consist of any and all claims and disputes, including existing disputes and ones arising in the future (including after the closure of your account), that arise out of or relate in any way to the relationship between you and us.  For example, Covered Disputes include, but are not limited to, claims involving your accounts, any services we provide (including safe deposit boxes), any transactions involving you, advertising, disclosures, fees, the handling of information about you, and debt collection, regardless of whether the claim is based in contract, tort, statute, regulation, equity, or any other legal theory, and regardless of whether the claim relates to this or any prior or future account or agreement. A Covered Dispute remains subject to arbitration even if it is brought by or against Wintrust Financial Corporation, any authorized or unauthorized user or beneficiary of your account or services, your and our respective affiliates, parents, subsidiaries, predecessors, successors, and assigns, or by your, our, or each of those entities’ employees, agents, trustees, representatives, receivers, and heirs, all of whom are third-party beneficiaries of this agreement to arbitrate.  The term “Covered Dispute” is intended to be as broadly interpreted as the law allows, and includes disputes over whether a claim can or must be arbitrated.
The term “Covered Dispute” does not include actions brought by you or us in small claims court, provided that the action is within that court’s jurisdiction, remains in that court, and proceeds on an individual basis.
Can I (customer) cancel or opt out of this agreement to arbitrate?
You have the right to opt out of this agreement to arbitrate if you write us within 60 days of opening your account, or if your account is already open, within 60 days of the effective date of November 30, 2019. 
To be valid, an opt-out must be timely mailed to:
Wintrust 
P.O. Box 2027 
Des Plaines, Illinois 60017

contain your full name and account number, and include the statement that you wish to opt out of this agreement to arbitrate. Opting out of this arbitration agreement does not opt you out of any past or future arbitration agreements between us.  Otherwise this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy.
What about class actions or representative actions?
Covered Disputes in arbitration will proceed on an individual basis, on behalf of the named parties only. YOU AND WE AGREE NOT TO:
SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING;
SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS (EXCEPT FOR CLAIMANTS WHO ARE ON THE SAME ACCOUNT), UNLESS WE AND ALL CLAIMANTS AGREE;
BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION BROUGHT BY ANYONE ELSE; NOR
SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION, INCLUDING DECLARATORY OR EQUITABLE RELIEF AFFECT OTHER ACCOUNT HOLDERS.
These limitations are not intended to bar a claim brought by a trustee, receiver, heirs, or assigns, provided that the claim pertains to only a single account holder and proceeds on an individual basis.  Any dispute as to the applicability or enforceability of these limitations shall be decided by a court.  If these limitations relating to class or representative procedures and relief are legally unenforceable with respect to a particular claim or request for a particular remedy (such as a request for public injunctive relief), then that claim or request for that remedy must be severed and brought in court, with all other claims and requests for remedies brought in arbitration. No arbitrator shall have authority to entertain any Covered 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.
How does arbitration work?
The party initiating arbitration must select either: JAMS or the American Arbitration Association (“AAA”) as the arbitration administrator. That organization will apply its consumer arbitration rules in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. In the event that JAMS or the AAA is unable to handle an arbitration for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA), pursuant to the AAA’s consumer arbitration rules.
In accordance with the arbitration administrator’s rules, a single arbitrator will be appointed to hear the Covered Dispute.  The arbitrator will decide the Covered Dispute in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honor all claims of privilege recognized by law. Except as provided in this arbitration agreement, the arbitrator will have the power to award to a party any damages or other relief provided for under applicable law. The arbitrator may consider but shall not be bound by arbitration awards involving other account holders.
Is the arbitrator’s decision final? Is there an appeal process?
The arbitrator’s decision will be final and binding on the parties. A party can file a written appeal to the arbitration administrator within 30 days of award issuance. The appeal must request a new arbitration in front of three neutral arbitrators designated by the same arbitration administrators. [can the arbitration administrator summarily deny the appeal?] The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction.
Who will pay for costs?
We will pay any costs that are required to be paid by us under the arbitration administrator’s rules of procedure or other applicable law. Even if not otherwise required, we will pay all arbitration filing, administrative, arbitrator, or hearing fees for any arbitration that we commence, as well as for any arbitration that you commence for which you have complied with the notice requirements below and in which you seek up to $50,000 in damages or other relief.  If you are unable to afford any fees that would be your obligation to pay, you may request that we pay or reimburse them, and we will consider your request in good faith.
In the event that the arbitrator concludes that your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) or that you have engaged in vexatious litigation (as measured by the standards of 28 U.S.C. § 1927), then the arbitrator has the power to impose the same sanctions that a court could impose under the same circumstances.
How do I (customer) file an arbitration claim?
Before any party commences arbitration, that party must provide written notice of the dispute to the other party.  The notice must include your name, account number, address, daytime phone number, an explanation of the factual basis for the dispute, and what specific relief (monetary or nonmonetary) you request.  We will send any notice to your address on file.  Notices to us should be mailed to Wintrust P.O. Box 2027 Des Plaines, Illinois 60017.  Upon receipt of your notice, the parties will negotiate in good faith to resolve the dispute.  If the dispute is not resolved after 60 days, either you or we may commence arbitration with the arbitration provider.  
The arbitration administrator’s rules and forms for commencing arbitration may be obtained from, and arbitrations may be filed with, JAMS (1-800-352-5267 or www.jamsadr.com) or the AAA (1-800-778-7879 or www.adr.org). Arbitration hearings will take place in the federal judicial district that includes your address at the time the arbitration is filed, unless the parties agree to a different place.
Other than the changes or additions noted in this letter, all other terms and conditions remain inforce and unchanged by this letter.

 

CHECKING AND NOW ACCOUNTS

In addition to the General Rules, your Checking Account and Negotiable Order of Withdrawal (NOW) Account will be subject to the following rules:

1. Checking Accounts. If your account is a checking account, it will be either non-interest bearing or interest bearing as defined in the Truth in Savings Disclosure.

2. Withdrawals. Deposits will be available for withdrawal consistent with the terms of our Disclosures. Withdrawals may be subject to a service charge.

3. Withdrawal Notice Requirements. If your account is a NOW account or a non-demand deposit checking account, we have the right to require seven (7) days prior written notice from you of your intent to withdraw any funds from your account.

MONEY MARKET ACCOUNTS

In addition to the General Rules, your Money Market Account will be subject to the following rules:

1. Withdrawals. We have the right to require seven (7) days prior written notice from you of your intent to withdraw any funds from your account. Withdrawals may be subject to a service charge.

2. Access Limitations. You understand that we will not allow more preauthorized transfers than the maximum number specified in the Disclosures. The Disclosures will also specify the maximum number of checks that may be written on your account per month. A preauthorized transfer is a transfer of funds from this account to make payments to a third party by means of a preauthorized or telephone agreement, order or instruction. Federal regulations require compliance with these restrictions. We may be required to close your account, take away any ability to transfer and write checks or convert the account to a checking or other transaction account if these restrictions are violated.

SAVINGS ACCOUNTS

In addition to the General Rules, your Savings Account will be subject to the following rules:

1. Withdrawals. We have the right to require seven (7) days prior written notice from you of your intent to withdraw any funds from your account. Withdrawals may be subject to a service charge.

2. Passbooks. If your account is a passbook account and you wish to make a withdrawal without your passbook, we can refuse to allow the withdrawal. If your passbook is lost or stolen, you will immediately notify us in writing.

3. Access Limitations. You understand that we will not allow more preauthorized transfers than the maximum number specified in the Disclosures. A preauthorized transfer is a transfer of funds from this account to make payments to a third party by means of a preauthorized or telephone agreement, order or instruction. Federal regulations require compliance with these restrictions. We may be required to close your account, take away your ability to transfer funds or convert the account to a checking or other transaction account if these restrictions are violated.

CERTIFICATES OF DEPOSIT/TIME DEPOSIT ACCOUNTS

In addition to the General Rules, your Certificate of Deposit ("Certificate") may be subject to the following:

1. Account Terms. The Certificate bears interest at the rate and basis as set forth on the Certificate. The terms of the Certificate, such as the interest rate(s), Annual Percentage Yield ("APY"), length of term period, renewability, and date of maturity are specified on the Certificate and in the Disclosures provided to you at the time of account opening. Interest will not be compounded unless noted and will be paid to you at the frequency and in the method noted. Withdrawal of interest prior to maturity will affect the APY.

2. Withdrawal Prior To Maturity. You have contracted to keep the account funds on deposit from the issue date until the maturity date. We may accept a request by you for withdrawal of some or all of the account funds prior to the maturity date at our discretion or as otherwise described in the Disclosures.

3. Additional Deposits During The Term. No additional deposits will be allowed to this account during its term unless otherwise described in the Disclosures.

4. Early Withdrawal Penalty. Unless provided otherwise in the Disclosures, we will assess an early withdrawal penalty on any withdrawal, either partial or in whole, that we allow you to make from your account prior to the account's maturity date. The method for determining that penalty is described in the Disclosures.

5. Renewal. Automatic Renewal Certificates will renew automatically on the stated maturity date of its term. Such renewal will be for a time period equal or similar to the original term and subject to these terms and conditions. Interest for that renewal term will be paid at the interest rate then in effect at this financial institution for similar accounts. If you close the Certificate within the grace period following the maturity date, we will not charge an early withdrawal penalty for that withdrawal. The grace period following a maturity date is described in the Disclosures.

If you are obligated to certify beneficial owner information at the time the account is opened, you are responsible for notifying us of any changes to the certified beneficial ownership information that was provided to us. Notice should be made as soon as practical upon a change to the beneficial ownership information in a form and manner acceptable to us.

6. Single Maturity. Single Maturity Certificates will not automatically renew at maturity. The Disclosures describe our policy concerning the account's status following the maturity date. To ensure a continuation of interest earning, you must arrange for a new investment of the account balance.

 

DEPOSIT ACCOUNT AGREEMENT - WI

General Agreement. The terms "you" and "your" refer to the depositor (whether joint or individual) and the terms "we," "us" and "our" refer to the financial institution. The acronym "NOW" means Negotiable Order of Withdrawal. You understand the following Account Agreement ("Agreement") governs your account with us. Your account is also governed by other applicable documents, such as the Truth In Savings Account Disclosure and Privacy Policy, and where applicable, the Funds Availability Policy and Electronic Fund Transfer (Agreement and) Disclosure ("Disclosures"), which are incorporated by reference. By providing a written or electronic signature on the Account Information document or other agreement to open your account, or by using any of our deposit account services, you and any identified account owners agree to the terms contained in this Account Agreement.

General Rules. The following rules apply to all types of accounts:

1. Deposits. Deposits may be made in person, by mail, or in another form and manner as agreed by us in our sole discretion. We are not responsible for transactions mailed until we actually receive and record them. We may, at our sole discretion, refuse to accept particular instruments as deposits. Cash deposits are credited to your account according to this Agreement. Other items you deposit are handled by us according to our usual collection practices. If an item you deposit is returned unpaid, we will debit your account and adjust any interest earned. You are liable to us for the amount of any check you deposit to your account that is returned unpaid. In addition, you are liable to us for all costs and expenses related to the collection of any or all of that amount from you. Funds deposited to your account are available in accordance with the Disclosures.

2. Collection of Deposited Items. In receiving items for deposit or collection, we act only as your agent and assume no responsibility beyond the exercise of ordinary care. All items are credited subject to final settlement in cash or credits. We shall have the right to forward items to correspondents including all Federal Reserve Banks, and we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You specifically authorize us or our correspondents to utilize Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse. If we permit you to withdraw funds from your account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.

3. Set-offs and Liens. We may set-off funds in your account and any other accounts held by you, jointly or individually, to pay any debt you may owe us; this includes any item(s) that we have cashed for you that are returned to us unpaid. If the account is a joint account, we may offset funds for the debt of any one of the owners. In addition, you grant to us a security interest in your deposit accounts to secure any debt you may owe us in any non-consumer transaction.

4. Claims. In response to any garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, other order of court or other legal process ("Claim(s)"), we have the right to place a hold on, remove from your account(s) and/or remit to the designated third-party(ies) any amount on deposit in your account(s) as set forth in and required by such Claim(s). If the account(s) is/are held jointly, we may place the hold, remove from the account(s) and/or remit the amounts from the account(s) arising from any Claim(s) relating to any one or more of the account holders. In addition, we may charge against your account(s) any fee authorized by law in connection with the Claim(s) or as otherwise set forth in the Disclosures.

5. Expenses. You agree to be liable to us for any loss, costs or expenses that we incur as a result of any dispute involving your account, including reasonable attorneys' fees to the extent permitted by law, and you authorize us to deduct such loss, costs or expenses from your account without prior notice to you.

6. Dormant Accounts. You understand that if your account is dormant, you may be charged the fee specified in the Disclosures and we may stop paying interest to the extent permitted by law. You understand that your account balance may be escheated (that is, turned over to the state) in accordance with state law.

7. Joint, Marital, Payable on Death, Fiduciary and Custodial Accounts. You acknowledge that if your account is set up as a joint, marital, payable on death (“P.O.D.”), fiduciary or custodial account, it is your sole responsibility to determine the legal effects of opening and maintaining an account of this nature.

8. Joint Account and Marital Accounts. If this is a joint or marital account, all deposits are the property of the person(s) indicated on the account and we may release all or any part of the amount in the account to honor checks, withdrawals, orders or requests from any person named on this account. Any person named on the account is liable for the amount of any overdraft regardless of whether he or she signed the item or benefited from the proceeds of the item. When the joint owners are husband and wife, the intent is that all the property in the account, including earnings, be held as community property. Upon receiving written notice from any person named on the account, we may freeze the account. The account may be frozen until we receive written notice, signed by all parties named in the account, as to the disposition of funds. We may use the funds to satisfy a debt or judgment of any person named on this account if ordered to do so by a court of law.

9. Account Ownership. If the account is noted as a single-party account, at the death of the individual, the ownership of the funds remaining in the account will pass to the individual’s estate. If the account is noted as a P.O.D. account with single-party, upon the death of the party, ownership passes to the pay on death beneficiary(ies) and will not be part of the deceased party’s estate. If the account is designated as a joint account, upon the death of one of the parties to the account, ownership of the funds in the account vest in and belong to the surviving party(ies) as his or her separate property and estate. If the account is designated as a P.O.D. account with multiple parties, upon the death of one of the parties, ownership passes to the survivor(s). Upon the death of the last surviving party, ownership passes to the payable on death beneficiary(ies) and is not part of the last surviving party’s estate. If the account is designate as a marital account, this account is established without the right of survivorship between a husband and wife, which is payable on request to either or both of the parties. Upon the death of either of them, the survivor owns 50% of the sums on deposit. Upon the receipt of written notice of death, we may freeze the account until we have received satisfactory evidence as to the disposition of the account. If the account is designated as a marital account with P.O.D. beneficiaries, the account is owned as a marital account and upon the death of either party, 50% of the sums on deposit are owned by the P.O.D. beneficiary(ies) named by the deceased party and 50% are owned by the survivor.

10. Payable on Death Account. If this account is noted as a Payable on Death (P.O.D.) account, you may change the named beneficiary(ies) at any time by a written direction to us. To the extent permitted by law, we may require the beneficiaries to indemnify us for losses we incur in reliance on the beneficiary(ies) representations that you have died, that all the beneficiaries have joined in the request for payment of the account, and for any tax or other imposition on the account occurring after payment.

11. Custodial Account. A custodial account is subject to applicable law as adopted by the state in which the account is opened. The documents that authorize the custodianship may be required for the account. An account opened under the Uniform Transfers/Gifts to Minors Act must be opened in the name of a custodian "as custodian for (name of minor) under the Uniform Transfer to Minors Act". There may be only one custodian and one minor as beneficiary for each minor account.

12. Agency (Power of Attorney). If you wish to name an agent(s) to act as your attorney in fact or agent in connection with your account, we may use the form of appointment found on the signature card or some other appropriate form. An agent(s) may make account transactions for parties but has no ownership or rights at death unless named as a P.O.D. beneficiary(ies). If you have designated that the agent(s) will continue to have power after your disability, the agent’s(s’) authority survives your disability. The agent(s) may act for a disabled party until the authority of the agent(s) is terminated. If you have noted that the agent(s) will not have power after your disability, the agent’s(s’) authority extinguishes upon your disability. Death of the sole party or the last surviving party terminates the authority of the agent(s).

13. Fees, Service Charges and Balance Requirements. You agree you are responsible for any fees, charges, balance, or deposit requirements as stated in the Disclosures.

14. Insufficient Funds. Overdrafts and Returned Items If your account does not have sufficient funds to pay an item, we may (i) return the item and charge you a returned item fee as outlined in the Special Service Fees Schedule provided to you at account opening; or (ii) pay such item which will create a negative balance in your account and charge you an overdraft paid fee as outlined in the Special Service Fees Schedule provided to you at account opening. This negative balance created by the payment of an item when you do not have sufficient funds is called an “Overdraft”. Items are any debits or withdrawals presented to us for processing. A previously presented debit or withdrawal is a new item if presented for payout again and therefore may be subject to additional fees as new item. Items generally include checks (including electronic and substitute), Electronic Fund Transfers (ATM withdrawals, Account to Account and Point of Sales Transactions, debit card transactions, ACH transactions), transfers made in person, over the phone or by online banking to include mobile banking, Bill Pay, Zelle Transactions and fees.

Impact of Holds We will use your account’s available balance to determine if your account has sufficient funds. We will look at this balance only once per business day to determine if an item will cause an overdraft. Your available balance will be calculated as the previous day’s balance plus any deposits or credits, minus any withdrawals or debits, minus any holds. A hold is a specific dollar amount that is restricted. A hold can be placed for reasons such as deposit related holds (including holds on non-cash deposits made in accordance with our Funds Availability Policy Disclosure or for cashing a check against your account when the check is drawn on an account at another financial institution), to secure a debt, debit card authorizations, disputes, levies, citations, judgments, garnishments, court orders or other legal process. A hold will reduce your accounts available balance and you will not have access to these funds to cover checks and other items until the hold is released. Overdrafts may occur while a hold is in place because your available balance may not be sufficient to cover all transactions being presented.

When a debit card transaction has been authorized, we will place a hold on your account for the amount of the transaction which will reduce your account’s available balance. The hold that is placed is a general hold and will not be used specifically for the debit card transaction that has been authorized. There could be days in between when the merchant or vendor authorizes the payment and when the transaction is settled. Though we have placed a hold for the transaction, your available balance may change between the time the transaction is authorized and the time the transaction is paid.

For some merchants (i.e. hotels, restaurants, gas stations, car rental agencies) an estimate of the total anticipated purchase amount will be made for the purpose of determining an authorization amount. As a result, the amount of the hold placed against your account may be less than or greater than the final transaction amount presented. Your balance will be reduced by the hold amount from the time we receive the notice that you have approved the transaction by using your debit card or your debit card number until the item is presented for processing. The authorization hold will remain in place until the transaction is settled or a maximum of three (3) business days (or up to seven (7) business days for online transactions). After the three (3) business days, the authorization hold will be released and funds held will be added back to your available balance. If and when the transaction is presented for payment, your account may be overdrawn if you do not have a sufficient available balance. If you have sufficient available funds when your transaction is authorized, you will not be charged an overdraft paid fee for the debit card transaction that created an overdraft, however any subsequent checks, ACH transactions or other debits may be subject to overdraft paid fees or the items may be returned and subject to returned item fees.

An example of how a debit card transaction can impact overdrafts:
Today your checking account has a $100 available balance and you make a $75 debit card purchase. Your available balance will immediately reflect the hold of $75, leaving an available balance of $25. If another debit transaction is processed for an amount greater than the available balance of $25, this subsequent transaction may result in an overdraft and a possible overdraft paid fee or we may return the subsequent transaction which will result in a returned item fee.

Posting Order:

We determine the order in which we process items in your account. This may have an effect on your account’s balance and can impact overdrafts and ultimately the amount of overdraft paid fees. We may pay or authorize some items, and decline and/or return others in any order we determine. At the end of each Business Day, which is considered every day except Saturdays, Sundays and federal holidays, regardless of when we have received a transaction for processing, we determine your balance by posting deposits or credits and withdrawals or debits presented during the day in the following order:

  • First: Credits – items such as deposits, credit transfers, incoming wires and ACH credits
  • Second: Debits – will be processed based on category in the following order:
    • ATM and Debit card transactions - including Account to Account and Point of Sale transactions will be posted by dollar amount in an order of low to high.
    • Preauthorized ACH return items, deposited items returns (including the fee), wire transfer debits (including the fee), checks presented for payment at any Wintrust affiliated branch, and any other transfer debit transactions will be posted by dollar amount in an order of low to high.
    • Inclearing checks, ACH debits, Bill Pay, and Zelle transactions will be posted by dollar amount in an order of low to high.
    • Fees and other miscellaneous debit transactions will be posted by dollar amount in an order of low to high.

Changing Posting Orders

You agree we may determine at our discretion the order in which items are posted to your account, the posting categories, and the transactions and order within the posting categories and you agree that we may make changes to this at any time without notice to you. We may choose our posting order regardless of whether additional fees result. 

Transactions Made After Business Day Cut-Off

We may reflect certain transactions you have made after our Business Day cut-off time, but before the end of the calendar day. These transactions will show on your statement as posting to your account the Business Day after the transaction was made. Transactions that may be reflected in your account’s available balance if made after the Business Day cut-off time, but before the end of the calendar day are noted below.  Because these transactions affect your account’s available balance, overdrafts, returned items or the associated fees may occur.

Transactions included are:

  • Cash deposited at one of our ATMs or branches.
  • Transfers to or from your accounts with us where the transfer is made at one of our ATMs or branches, through online banking, mobile banking, Telebank or over the phone.
  • Cash withdrawals made at one of our ATMs or branches.

Avoiding Overdrafts

You can avoid fees for overdrafts or returned items by making sure that your account always has a sufficient available balance to cover all items.  We offer financial services training which can assist you in better understanding how to manage your account with a goal of enabling you to not incur overdrafts and the associated fees applied when an overdraft is paid or returned.

We offer consumer and many business customers the following overdraft protection options. These overdraft protection options may help in avoiding or reducing the number of overdrafts or returned items associated with your account and ultimately reduce the amount of fees charged in connection with these transactions. Please talk to a banker for more details or to apply for any one of these overdraft protection options.

Please know we may permit overdraft transactions to occur for online banking transactions such as bill payments or funds transfers, Zelle transactions, telephone initiated funds transfers, in person or ATM transfers. We will not charge you for overdrafts related to Zelle transactions. In addition, we will not charge you for overdrafts associated with ATM withdrawals or one-time, non-reoccurring debit card transactions unless you have authorized the payment of these transactions.

To help avoid overdrafts and monitor your available balance, you can receive a text message which will notify you when your available balance is at risk of becoming too low to cover items. You need to enroll in online banking to activate this account benefit and are encouraged to do so at account opening. You will be responsible for establishing the account balance level at which you want to be notified by text message and must be certain to ensure we have your current mobile phone number at all times. Your wireless carrier’s standard text messaging and data rates may apply.

Consumer and Business Overdraft Protection from another Deposit Account – Linked Account

This option links your primary account to a secondary deposit account you have opened with us for overdraft protection. The secondary deposit account can be another checking, savings, or money market account.

If you do not have a sufficient available balance in your primary account to cover an item, we may automatically transfer funds from your secondary deposit account to your primary account. The transfer may help prevent items from being returned along with the imposition of returned item or overdraft paid fees. Transfers will only occur once per Business Day. In the event that your secondary account does not have a sufficient available balance to cover an entire overdraft, we may transfer all available funds to your primary account.

If you use your savings or money market account for this service, each transfer counts as one of the six limited transactions you are allowed each month from your savings or money market account. In the event any account is closed, the automatic transfers will be terminated.

Consumer and Business Overdraft Protection Line of Credit

This option links an unsecured line of credit directly to your checking account for overdraft protection. You must apply for the Overdraft Protection Line of Credit which will be reviewed following our standard underwriting guidelines. You will be notified of any approved or declined Overdraft Protection Line of Credit applications.

In the event your account does not have a sufficient available balance to cover an item, we may automatically advance funds from your linked Overdraft Protection Line of Credit and transfer the funds to your account. This advance is made subject to the terms and conditions described in the Line of Credit Agreement.

Under the Line of Credit Agreement we make transfers in a minimum amount. If the available balance on the line of credit is less than the total overdraft amount, we will transfer the total available amount which may still result in an overdraft and an overdraft paid fee being charged. To have an Overdraft Protection Line of Credit, at least one of the Account Owners must be a borrower under the Overdraft Protection Line of Credit Agreement. Certain restrictions may apply.

Transfers will only occur once per Business Day. Monthly payments of principal and interest will be made to your Overdraft Protection Line of Credit automatically by debiting your account. If your checking account is closed for any reason, the amount outstanding on your Overdraft Protection Line of Credit must be paid immediately and the line of credit will be closed.

Consumer Standard Overdraft Practice

Our Consumer Standard Overdraft Practice is a standard feature of eligible accounts and you are informed of this feature at the time of account opening. There are accounts which are not eligible for our Consumer Standard Overdraft Practice, which include but are not limited to Money Smart Checking and Savings Accounts, Student Checking Accounts, Health Savings Accounts, accounts falling under Regulation O, and Junior Savers Accounts. With our Consumer Standard Overdraft Practice, we may authorize and pay overdrafts for most types of transactions.

We will pay overdrafts using our discretion. We do not guarantee that overdrafts will be paid. We may pay all or some of your overdrafts using criteria such as how long your account has been opened, if you have additional accounts with us, the status of these accounts, the frequency of deposits, and the frequency and duration of overdrafts, however, we do not guaranty that we will continue to authorize and pay future overdrafts.  If we do not pay your overdraft, the Item(s) will be either declined if using an ATM or debit card or the item(s) will be returned unpaid. 

As part of our Consumer Standard Overdraft Practice, we will not authorize overdrafts for ATM transactions or everyday non-recurring debit card transactions, usually purchases made with your debit card or debit card number on a one-time basis, when the merchant has submitted an authorization to us, unless you authorize us to pay such overdrafts by signing the Overdraft Services Consent Form provided to you at account opening. Some merchants do not obtain an authorization for debit card transactions. Therefore, an everyday non-recurring debit card transaction may create an overdraft even if you have not authorized us to pay these types of transactions.

Overdraft Services Consent Form - If you, the Account Owner, desire to authorize the payment of overdrafts created by ATM or non-recurring debit card transactions you would apply for this optional service by completing, signing and submitting the Overdraft Services Consent Form to us. By signing this form, you would authorize us to pay transactions related to ATM transactions and everyday non-recurring debit card transactions that would create an overdraft.

Business Standard Overdraft Practice

Our Business Standard Overdraft Practice is a standard feature of eligible checking accounts and you are informed of this feature at account opening. With our Business Standard Overdraft Practice we may authorize and pay overdrafts for most types of transactions using our discretion.

As part of the Business Standard Overdraft Practice we may authorize overdrafts for ATM transactions or everyday debit card transactions.

We will pay overdrafts using our discretion. We do not guarantee that overdrafts will be paid. We may pay all or some of your overdrafts using criteria such as how long your account has been opened, if you have additional accounts with us, the status of these accounts, the frequency of deposits, and the frequency and duration of overdrafts, however, we do not guaranty that we will continue to authorize and pay future overdrafts.  If we do not pay your overdraft, the item(s) will be either declined if using an ATM or debit card or the item(s) will be returned unpaid.

Consumer and Business Accounts - Declining Standard Overdraft Practice

 You always have the option to decline our Standard Overdraft Practice at any time. Should you decide that you would like to decline this service; a Banker will provide you with the Overdraft Standard Practice Customer Opt-Out Form which would need to be signed and returned to us.   

 If you decline our Standard Overdraft Practice, we will automatically return all items if you have an insufficient available balance. If you choose to have all items returned, you may still be charged a returned item fee as described in the Special Service Fees Schedule which was provided to you at account opening. There are certain transactions that may create an overdraft even if you decline our Standard Overdraft Practice. These transactions include:

  1. Everyday non-recurring debit card transactions where the merchant has not obtained an authorization on a positive available balance;
  2. Debit card transactions were the transaction was authorized on a positive Available Balance;
  3. Final amount of a debit card transaction where the final amount processed was greater than the authorization amount; 
  4. Recurring debit card transactions where the first transaction was authorized but subsequent transactions are not submitted for authorization. 

Recurring debit card transactions are set up to occur automatically on a regular basis which frequently include monthly bill payments or when completed using an application on a mobile device. 

Consumer and Business Accounts - Responsibility to Repay Overdrafts

You must immediately pay the amount of any overdraft along with any fees or costs associated with the overdraft. If you share ownership of your account, each person is responsible for the repayment of the overdraft regardless if they were the one to create the overdraft. If you do not do so, you may be charged additional fees or interest. We may also report you to the consumer reporting agencies, close your account or take both actions. Such actions could affect your ability to open accounts with us or other banks in the future.

You authorize us to use the money from any subsequent deposits to your Account to pay any overdraft and resulting fees. Subsequent deposits may include any federal or state benefit payments including Social Security benefits that you deposit in any account. You understand and agree that if you do not want your benefits applied in this way, you many change your direct deposit instructions at any time.

You agree to pay all costs and expenses we incur in collecting any overdraft even if an overdraft has been charged off.

15. Amendments and Alterations. You agree that the terms and conditions governing your account may be amended by us from time to time. We will notify you of amendments as required by applicable law. Your continued use of the account evidences your agreement to any amendments. Notices will be sent to the most recent address shown on the account records. Only one notice will be given in the case of joint account holders.

16. Notices. You are responsible for notifying us of any address or name changes, the death of an account holder or other information affecting your account. Notices must be in a form and manner acceptable to us with enough information to allow us to identify the account. Notice sent by you to us is not effective until we have received it and have a reasonable opportunity to act on it. Written notice sent by us to you is effective when mailed to the last address supplied.

17. Closing Account. We may close the account at any time, with or without cause, by sending you notice and a check for the balance in our possession to which you are entitled. At our discretion, we have the authority to pay an otherwise properly payable check, which is presented after

the closing of your account.

18. Transfers and Assignments. You cannot assign or transfer any interest in your account unless we agree in writing.

19. Applicable Laws and Regulations. All actions relating to your account, including this Agreement, will be governed by the laws and regulations of the United States and the state in which your bank’s principal place of business is located (either Illinois or Wisconsin, and only to the extent that such state law is not preempted by federal law).  Federal and the applicable state law shall be applied without giving effect to principles of conflicts of law.

20. ACH and Wire Transfers. This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers as adopted by the state in which the account is opened. If you send or receive a wire transfer, you agree that Fedwire® Funds Service may be used. Federal Reserve Board Regulation J is the law that covers transactions made over Fedwire® Funds Service. When you originate a funds transfer for which Fedwire® Funds Service is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary 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. If you are a party to an Automated Clearing House ("ACH") entry, you agree that we may transmit an entry through the ACH, and you agree to be bound by the National Automated Clearing House Association ("NACHA") Operating Rules and Guidelines, the rules of any local ACH, and the rules of any other systems through which the entry is made.

Provisional Payment. Credit we give you is provisional until we receive final settlement for that entry. If we do not receive final settlement, you agree that we are entitled to a refund of the amount credited to you in connection with the entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
Notice of Receipt. We will not provide you with notice of our receipt of the order, unless we are so requested by the transfer originator in the order. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.
Choice of Law. We may accept on your behalf payments to your account which have been transmitted, that are not subject to the Electronic Fund Transfer Act, and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state where we are located.
International ACH Transactions. If your transaction originates from a financial agency that is outside of the territorial jurisdiction of the United States, it may be subject to additional review for compliance with the rules of the Office of Foreign Assets Control (OFAC). If additional review is required, the International ACH transaction will not be available to you until it passes final verification.

21. Stop Payments. For accounts with check writing privileges, you may order us to stop payment of a check provided it has not already been accepted, guaranteed, cashed or otherwise paid by us. You may notify us by via telephone or in writing. The notification must include the account number, check number and date, the name of the payee and the exact amount (dollars and cents) of the check. The request must be received at least one (1) business day prior to the bank receiving the check for payment. For Electronic Funds Transfers, if you have told us in advance to make regular payments out of your account, you can stop these payments. If a stop payment request involves an ACH debit, an Unauthorized or Revoked ACH Debit Affidavit may be required. Call us or write us, in time for us to receive your request three (3) Business Days or more before the transfer is scheduled to be made. Our normal stop payment fee and procedure will apply for this service. If you order us to stop one of these payments three (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. Stop payment notification may be made by any account holder, regardless of who signed the check. We are not responsible for stop payment orders if we receive incorrect information. The stop order goes into effect whenever our staff records it on the account. We will confirm your stop payment order in writing, and you should advise us immediately of any changes or corrections. Your account will be charged our customary fee for a stop payment (refer to the separate fee section of the disclosures). Stop payment orders are valid for twelve (12) months unless cancelled by you. After that time, the check may be paid and charged to your account unless you renew the stop payment in writing (for an additional fee).

22. Checks. All negotiable paper ("checks") presented for deposit must be in a format that can be processed and we may refuse to accept any check that does not meet this requirement. All endorsements on the reverse side of any check deposited into your account, or on any check issued by you, must be placed on the left side of the check when looking at it from the front, and must be placed so as to not go beyond an area located 1-1/2 inches from the left edge of the check when looking at it from the front. It is your responsibility to ensure that this requirement is met. You are responsible for any loss incurred by us for failure of an endorsement to meet this requirement.

23. Electronic Checks. Pursuant to Regulation CC, electronic checks may be treated the same as paper checks for check collection and processing purposes.

24. Substitute Checks. To make check processing faster, federal law permits financial institutions to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute check(s).

25. Stale or Postdated Checks. We reserve the right to pay or dishonor a check more than 6 months old without prior notice to you. If you can write checks on your account, you agree not to postdate any check drawn on the account. If you do and the check is presented for payment before the date of the check, we may pay it or return it unpaid. We are not liable for paying any stale or postdated check. Any damages you incur that we may be liable for are limited to actual damages not to exceed the amount of the check.

26. Check Safekeeping. If you can write checks on your account and utilize check safekeeping or any other system offered by us for the retention of your checks, you understand that the canceled checks will be retained by us and destroyed after a reasonable time period or as required by law. If for any reason we cannot provide you with a copy of a check, our liability will be limited to the lesser of the face amount of the check or the actual damages sustained by you. When you request a copy of a check it may be subject to a fee as defined in the Disclosures.

27. Statements. If your account is a Checking, NOW, Money Market, or Statement Savings account, we will provide you with a periodic statement showing the account activity. The account holder who receives this statement is the agent for his/her co-account holder(s) for purposes of receiving the statement and items. You must notify us within 30 days after we mail or otherwise make the statement available to you of any discrepancies, except for transfers governed by the Wire Transfer Agreement. If you fail to notify us, you will have no claim against us. However, if the discrepancy is the result of an electronic fund transfer, the provisions of our Disclosures will control its resolution. If you do not receive a statement from us because you have failed to claim it, or have supplied us with an incorrect address, we may stop sending your statements until you specifically make written request that we resume sending your statements and you supply us with a proper address.

28. Electronic Signatures. You consent and agree that your use of a keypad, mouse or other device to select an item, button or icon or similar act/action while using any electronic service we offer; or in accessing or making transactions regarding any agreement, acknowledgement, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to validate your electronic signature; and that the lack of such certification or third-party verification will not in any way affect the enforceability of your signature or resulting contract between you and the Bank. You understand and agree that your e-Signature executed in conjunction with the electronic submission of your application shall be legally binding and such transaction shall be considered authorized by you.

29. Signatures. If you choose to come into one of our locations and sign an Account Information form, your signature on the Account Information form is your authorized signature. At that time, if applicable, your account will be eligible for access via checks, drafts or orders of withdrawal for the payment of money. 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 regardless of by whom or by what means (including facsimile signature(s)) may have been affixed so long as they resemble the signature specimen in our files. For withdrawal and for other purposes relating to any account you have with us, we are authorized to recognize your signature; and we will not be liable to you for refusing to honor signed instruments or instructions if we believe in good faith that one or more of the signatures appearing on the instrument or instruction is not genuine.

If your items are signed using any facsimile signature or non-manual form of signature, you acknowledge that it is solely for your benefit and convenience. You agree that no facsimile signature you have authorized us to honor may be considered a forgery or an unauthorized signature, and that every authorized facsimile signature shall be effective as the signatory's own original, manual signature. You accept sole responsibility for maintaining security over any device affixing the signature as such signature will be effective regardless of whether the person affixing it was authorized to do so. Your authorization notwithstanding, we are not obligated to accept or pay any items bearing facsimile signatures.

Further, most checks and other items are processed automatically, i.e., without individual review of each check or item. Therefore, unless we agree in a separate writing, in our sole discretion, upon your request and due to unique circumstances to conduct individual review of checks or other items for more than one signer, you agree that we are acting within common and reasonable banking practices by automatically processing checks and other items, i.e., without individual review of each check or item. You agree to indemnify, defend, and hold us harmless from and against all loss, costs, damage, liability, and other injury (including reasonable attorney fees) that you or we may suffer or incur as a result of this practice.

30. Restrictive Legends. We are not required to honor any restrictive legend on checks you write unless we have agreed to the restriction in a writing signed by an officer of the financial institution. Examples of restrictive legends are "two signatures required", "must be presented within 90 days" or "not valid for more than $1,000.00."

31. No Waiver. You understand and agree that no delay or failure on our part to exercise any right, remedy, power or privilege available to us under this Agreement shall affect or preclude our future exercise of that right, remedy, power or privilege.

32. Internet Gambling or Illegal Transactions. If we reasonably believe a transaction is prohibited or involves other illegal activities, we reserve the right to refuse a transaction, freeze your account, or close your account. Under the Unlawful Internet Gambling Enforcement Act, transaction, including checks, card transactions, electronic funds transfers, wires, drafts, or credit transactions that fund illegal internet gambling, are prohibited. You agree that you will not use your account to participate in any unlawful internet gambling transactions or illegal transactions.

33. Telephone, Electronic Communications and Authorization to Record Calls. You agree that we may listen to or record telephone calls between you and our representatives without additional notice to you.
Further, you expressly agree that we may contact you at the email address, phone number, and address that you provide to us or that we obtain, including from a third party. By providing us with a telephone number (including but not limited to a wireless/ cellular, mobile telephone number and/or email address), you authorize us to contact you for our everyday business purposes (including but not limited to your account application, account management/maintenance, informational messages, debt collection, fraud prevention, survey/ research, identity verification, compliance with federal or state law or regulations, and/or to determine how you intend to use and fund your account) using automatic telephone dialing systems, artificial or prerecorded voice message systems and text messaging systems in order to provide you with information or to seek information about, or to otherwise discuss (i) this Agreement and any transactions hereunder, or (ii) any other agreements or transactions that you may now have or may in the future establish or conduct with us. You authorize us to make such contacts using any telephone numbers (including wireless, landline and Voice over Internet Protocol numbers) you have supplied or may in the future supply to us in connection with this Agreement or the transactions hereunder, or any other agreement or transaction you may now have or may in the future establish or conduct with us.
34. Merger Clause. This Agreement constitutes the entire agreement between the contracting parties concerning the subject matter hereof. All prior agreements, discussions, representations, warranties and covenants are merged herein. There are no warranties, representations, covenants or agreements, expressed or implied, between the parties except those expressly set forth in this Agreement. 
35. Products and Services covered by Separate Agreements. Wire transfers, Mobile banking, Remote Capture Deposit and Online Banking and Bill Payment are covered by separate service specific agreements and those separate service specific agreements are expressly incorporated into this Agreement, even if executed at different times. Wherever possible, this Agreement and any separate service specific agreement you may have with us shall be interpreted in a way to give full effect to all provisions of agreements.  Unless otherwise provided in this Agreement, should any provision contained in this Agreement conflict with any provision in a separate service specific agreement, the provision contained in the service specific agreement shall govern. Please contact a personal banker for further information regarding these products and services.

36. Arbitration. You and we agree that upon the election of either of us, any Covered Dispute (as defined below) will be resolved by binding arbitration on an individual basis, rather than through jury trials or class actions. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE, AS DISCUSSED BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENT TRIBUNAL. YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT.
What claims or disputes are subject to arbitration?
The Covered Disputes that we are agreeing to arbitrate consist of any and all claims and disputes, including existing disputes and ones arising in the future (including after the closure of your account), that arise out of or relate in any way to the relationship between you and us.  For example, Covered Disputes include, but are not limited to, claims involving your accounts, any services we provide (including safe deposit boxes), any transactions involving you, advertising, disclosures, fees, the handling of information about you, and debt collection, regardless of whether the claim is based in contract, tort, statute, regulation, equity, or any other legal theory, and regardless of whether the claim relates to this or any prior or future account or agreement. A Covered Dispute remains subject to arbitration even if it is brought by or against Wintrust Financial Corporation, any authorized or unauthorized user or beneficiary of your account or services, your and our respective affiliates, parents, subsidiaries, predecessors, successors, and assigns, or by your, our, or each of those entities’ employees, agents, trustees, representatives, receivers, and heirs, all of whom are third-party beneficiaries of this agreement to arbitrate.  The term “Covered Dispute” is intended to be as broadly interpreted as the law allows, and includes disputes over whether a claim can or must be arbitrated.
The term “Covered Dispute” does not include actions brought by you or us in small claims court, provided that the action is within that court’s jurisdiction, remains in that court, and proceeds on an individual basis.
Can I (customer) cancel or opt out of this agreement to arbitrate?
You have the right to opt out of this agreement to arbitrate if you write us within 60 days of opening your account, or if your account is already open, within 60 days of the effective date of November 30, 2019. 
To be valid, an opt-out must be timely mailed to:
Wintrust 
P.O. Box 2027
Des Plaines, Illinois 60017

contain your full name and account number, and include the statement that you wish to opt out of this agreement to arbitrate. Opting out of this arbitration agreement does not opt you out of any past or future arbitration agreements between us.  Otherwise this agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy.
What about class actions or representative actions?
Covered Disputes in arbitration will proceed on an individual basis, on behalf of the named parties only. YOU AND WE AGREE NOT TO:
SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING;
SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS (EXCEPT FOR CLAIMANTS WHO ARE ON THE SAME ACCOUNT), UNLESS WE AND ALL CLAIMANTS AGREE;
BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION BROUGHT BY ANYONE ELSE; NOR
SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION, INCLUDING DECLARATORY OR EQUITABLE RELIEF AFFECT OTHER ACCOUNT HOLDERS.
These limitations are not intended to bar a claim brought by a trustee, receiver, heirs, or assigns, provided that the claim pertains to only a single account holder and proceeds on an individual basis.  Any dispute as to the applicability or enforceability of these limitations shall be decided by a court.  If these limitations relating to class or representative procedures and relief are legally unenforceable with respect to a particular claim or request for a particular remedy (such as a request for public injunctive relief), then that claim or request for that remedy must be severed and brought in court, with all other claims and requests for remedies brought in arbitration. No arbitrator shall have authority to entertain any Covered 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.
How does arbitration work?
The party initiating arbitration must select either: JAMS or the American Arbitration Association (“AAA”) as the arbitration administrator. That organization will apply its consumer arbitration rules in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this arbitration provision and/or this agreement, this arbitration provision and this agreement will control. In the event that JAMS or the AAA is unable to handle an arbitration for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA), pursuant to the AAA’s consumer arbitration rules.
In accordance with the arbitration administrator’s rules, a single arbitrator will be appointed to hear the Covered Dispute.  The arbitrator will decide the Covered Dispute in accordance with all applicable law, including recognized principles of equity and statutes of limitations, and will honor all claims of privilege recognized by law. Except as provided in this arbitration agreement, the arbitrator will have the power to award to a party any damages or other relief provided for under applicable law. The arbitrator may consider but shall not be bound by arbitration awards involving other account holders.
Is the arbitrator’s decision final? Is there an appeal process?
The arbitrator’s decision will be final and binding on the parties. A party can file a written appeal to the arbitration administrator within 30 days of award issuance. The appeal must request a new arbitration in front of three neutral arbitrators designated by the same arbitration administrators. [can the arbitration administrator summarily deny the appeal?] The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction.
Who will pay for costs?
We will pay any costs that are required to be paid by us under the arbitration administrator’s rules of procedure or other applicable law. Even if not otherwise required, we will pay all arbitration filing, administrative, arbitrator, or hearing fees for any arbitration that we commence, as well as for any arbitration that you commence for which you have complied with the notice requirements below and in which you seek up to $50,000 in damages or other relief.  If you are unable to afford any fees that would be your obligation to pay, you may request that we pay or reimburse them, and we will consider your request in good faith.
In the event that the arbitrator concludes that your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) or that you have engaged in vexatious litigation (as measured by the standards of 28 U.S.C. § 1927), then the arbitrator has the power to impose the same sanctions that a court could impose under the same circumstances.
How do I (customer) file an arbitration claim?
Before any party commences arbitration, that party must provide written notice of the dispute to the other party.  The notice must include your name, account number, address, daytime phone number, an explanation of the factual basis for the dispute, and what specific relief (monetary or nonmonetary) you request.  We will send any notice to your address on file.  Notices to us should be mailed to Wintrust P.O. Box 2027 Des Plaines, Illinois 60017.  Upon receipt of your notice, the parties will negotiate in good faith to resolve the dispute.  If the dispute is not resolved after 60 days, either you or we may commence arbitration with the arbitration provider.  
The arbitration administrator’s rules and forms for commencing arbitration may be obtained from, and arbitrations may be filed with, JAMS (1-800-352-5267 or www.jamsadr.com) or the AAA (1-800-778-7879 or www.adr.org). Arbitration hearings will take place in the federal judicial district that includes your address at the time the arbitration is filed, unless the parties agree to a different place.
Other than the changes or additions noted in this letter, all other terms and conditions remain inforce and unchanged by this letter.

 

CHECKING AND NOW ACCOUNTS

In addition to the General Rules, your Checking Account and Negotiable Order of Withdrawal (NOW) Account will be subject to the following rules:

1. Checking Accounts. If your account is a checking account, it will be either non-interest bearing or interest bearing as defined in the Truth in Savings Disclosure.

2. Withdrawals. Deposits will be available for withdrawal consistent with the terms of our Disclosures. Withdrawals may be subject to a service charge.

3. Withdrawal Notice Requirements. If your account is a NOW account or a non-demand deposit checking account, we have the right to require seven (7) days prior written notice from you of your intent to withdraw any funds from your account.

MONEY MARKET ACCOUNTS

In addition to the General Rules, your Money Market Account will be subject to the following rules:

1. Withdrawals. We have the right to require seven (7) days prior written notice from you of your intent to withdraw any funds from your account. Withdrawals may be subject to a service charge.

2. Access Limitations. You understand that we will not allow more preauthorized transfers than the maximum number specified in the Disclosures. The Disclosures will also specify the maximum number of checks that may be written on your account per month. A preauthorized transfer is a transfer of funds from this account to make payments to a third party by means of a preauthorized or telephone agreement, order or instruction. Federal regulations require compliance with these restrictions. We may be required to close your account, take away any ability to transfer and write checks or convert the account to a checking or other transaction account if these restrictions are violated.

SAVINGS ACCOUNTS

In addition to the General Rules, your Savings Account will be subject to the following rules:

1.   Withdrawals. We have the right to require seven (7) days prior written notice from you of your intent to withdraw any funds from your account. Withdrawals may be subject to a service charge.

2.   Passbooks. If your account is a passbook account and you wish to make a withdrawal without your passbook, we can refuse to allow the withdrawal. If your passbook is lost or stolen, you will immediately notify us in writing.

3. Access Limitations. You understand that we will not allow more preauthorized transfers than the maximum number specified in the Disclosures. A preauthorized transfer is a transfer of funds from this account to make payments to a third party by means of a preauthorized or telephone agreement, order or instruction. Federal regulations require compliance with these restrictions. We may be required to close your account, take away your ability to transfer funds or convert the account to a checking or other transaction account if these restrictions are violated.

CERTIFICATES OF DEPOSIT/TIME DEPOSIT ACCOUNTS

In addition to the General Rules, your Certificate of Deposit ("Certificate") may be subject to the following:

1.   Account Terms. The Certificate bears interest at the rate and basis as set forth on the Certificate. The terms of the Certificate, such as the interest rate(s), Annual Percentage Yield ("APY"), length of term period, renewability, and date of maturity are specified on the Certificate and in the Disclosures provided to you at the time of account opening. Interest will not be compounded unless noted and will be paid to you at the frequency and in the method noted. Withdrawal of interest prior to maturity will affect the APY.

2.   Withdrawal Prior To Maturity. You have contracted to keep the account funds on deposit from the issue date until the maturity date. We may accept a request by you for withdrawal of some or all of the account funds prior to the maturity date at our discretion or as otherwise described in the Disclosures.

3.   Additional Deposits During The Term. No additional deposits will be allowed to this account during its term unless otherwise described in the Disclosures.

4.   Early Withdrawal Penalty. Unless provided otherwise in the Disclosures, we will assess an early withdrawal penalty on any withdrawal, either partial or in whole, that we allow you to make from your account prior to the account's maturity date. The method for determining that penalty is described in the Disclosures.

5.  Renewal. Automatic Renewal Certificates will renew automatically on the stated maturity date of its term. Such renewal will be for a time period equal or similar to the original term and subject to these terms and conditions. Interest for that renewal term will be paid at the interest rate then in effect at this financial institution for similar accounts. If you close the Certificate within the grace period following the maturity date, we will not charge an early withdrawal penalty for that withdrawal. The grace period following a maturity date is described in the Disclosures.

Single Maturity. Single Maturity Certificates will not automatically renew at maturity. The Disclosures describe our policy concerning the account's status following the maturity date. To ensure a continuation of interest earning, you must arrange for a new investment of the account balance.

 

TRUTH IN SAVINGS DISCLOSURES

Total Access Checking – Available at all Wintrust Affiliated Locations

MINIMUM BALANCE REQUIREMENTS. Initial deposit of $100.00 is required to open the account.

MINIMUM BALANCE TO AVOID THE IMPOSITION OF FEES. No minimum daily balance is required after opening. There are no monthly maintenance fees.

DORMANT/INACTIVE ACCOUNT INFORMATION. Except for customers of Town Bank, a dormant fee will be charged monthly once an account is dormant. Refer to the Special Service Fee Schedule for details.

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

ATM Transactions - The bank does not charge its customers a monthly card usage fee. No transaction charge at any ATM in the Allpoint, MoneyPass, Sum, or ATM Access (for Town Bank customers only) surcharge – free networks. Other banks outside the network may impose ATM surcharges at their machines. Surcharge fees assessed by owners of other domestic ATMs outside the network will be reimbursed. Reimbursement does not include the 1.10% International Service fee charged by the bank for certain foreign transactions conducted outside the continental United States.

The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card
Online Banking
Online Bill Pay
E-Statements
Mobile Banking
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

Student Checking – Available at all Wintrust Affiliated Locations

ELIGIBILITY REQUIREMENTS. Account is available to students 13 to 25 years of age.

MINIMUM BALANCE REQUIREMENTS. There is no minimum deposit required to open this account.

MINIMUM BALANCE TO AVOID THE IMPOSITION OF FEES. No minimum daily balance is required after opening. There are no monthly maintenance fees.

DORMANT/INACTIVE ACCOUNT INFORMATION. Except for customers of Town Bank, a dormant fee will be charged monthly once an account is dormant. Refer to the Special Service Fee Schedule for details.

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

ATM Transactions - The bank does not charge its customers a monthly card usage fee. No transaction charge at any ATM in the Allpoint, MoneyPass, Sum or ATM Access (for Town Bank customers only) surcharge –free networks. Other banks outside the network may impose ATM surcharges at their machines. The bank will reimburse up to five (5) domestic surcharge fees assessed by owners of other ATMs outside the network per statement cycle. Reimbursement does not include the 1.10% International Service fee charged by the bank for certain foreign transactions conducted outside the continental United States.

The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card
Account is available to be linked to parent/guardian's account for overdraft transfers up to $250.00 per day
Online Banking
Online Bill Pay
E-Statements
Mobile Banking
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

Access Plus Checking – Available at all Wintrust Affiliated Locations

RATE INFORMATION. Please refer to Deposit Rate Sheet for current interest rate and annual percentage yield (APY) for this account. Your interest rate and annual percentage yield may change.

Determination of Rate. At our discretion, we may change the interest rate on your account.

Frequency of Rate Changes. We may change the interest rate on your account at any time.

Limitations on Rate Changes. There are no maximum or minimum interest rate limits for this account.

COMPOUNDING AND CREDITING. Interest will be compounded monthly and will be credited to your account monthly. If you close your account before interest is credited, you will not receive the accrued interest.

MINIMUM BALANCE REQUIREMENTS. A maintenance fee of $10.00 will be imposed every statement cycle if the daily balance on any day of the statement cycle falls below $1,000.00.

If you maintain an average balance of $2,500.00 for the monthly statement cycle the minimum balance maintenance fee will be waived. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

You must deposit $100.00 to open this account.

You must maintain a minimum daily balance of $0.01 in the account each day to obtain the disclosed annual percentage yield. You will earn interest for every day during the period that your account equals or exceeds the minimum daily balance requirement.

DORMANT/INACTIVE ACCOUNT INFORMATION. Except for customers of Town Bank, a dormant fee will be charged monthly once an account is dormant. Refer to the Special Service Fee Schedule for details.

BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in the account each day.

The daily balance that we use when calculating interest is the collected balance. That means we only include those funds for which we have actually received payment when we determine the daily balance on which interest is paid.

ACCRUAL ON NONCASH DEPOSITS. Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

NEGOTIABLE ORDER OF WITHDRAWAL ACCOUNT WITH SUBACCOUNTS. This provision only applies to Checking and Negotiable Order of Withdrawal ('NOW') accounts held at Wintrust affiliated locations except for Town Bank. Your account consists of two subaccounts; a checking subaccount and a savings subaccount. The checking subaccount is your transaction account. If the amount of money in your checking subaccount exceeds a certain threshold amount, we will transfer the amount above the threshold amount into your savings subaccount. We will make the transfer at the beginning of each monthly statement period. We determine the threshold amount in our sole discretion. If on any day the daily beginning balance in your checking subaccount is less than the total of the new debits (such as checks and other withdrawals), then money will be automatically transferred from your savings subaccount back to your checking subaccount. The amount transferred back to the checking subaccount will be the total of the debits minus the daily beginning balance, but will not exceed the amount of money in the savings subaccount. If six transfers from the savings subaccount to the checking subaccount occur during any statement period, then the entire balance of the savings subaccount will be transferred to your checking subaccount for the remainder of that statement period. The transfers between the subaccounts will occur only on our books. Other than as described above, the Agreement controls your account as if there were no subaccounts.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

ATM Transactions - The bank does not charge its customers a monthly card usage fee. No transaction charge at an ATM in the Allpoint, MoneyPass, Sum or ATM Access (for Town Bank customers only) surcharge – free networks. Other banks outside the network may impose ATM surcharges at their machines. The bank will reimburse up to five (5) surcharge fees assessed by owners of other domestic ATMs outside the network per statement cycle. Reimbursement does not include the 1.10% International Service fee charged by the bank for certain foreign transactions conducted outside the continental United States.

Additional Account Features and Benefits-
Free First order of bank specialty checks

The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card
Online Banking
Online Bill Pay
E-Statements
Mobile Banking
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

Statement Savings – Available at all Wintrust Affiliated Locations

RATE INFORMATION. Please refer to Deposit Rate Sheet for current interest rate and annual percentage yield (APY) for this account.
Your interest rate and annual percentage yield may change.

Determination of Rate. At our discretion, we may change the interest rate on your account.

Frequency of Rate Changes. We may change the interest rate on your account at any time.

Limitations on Rate Changes. There are no maximum or minimum interest rate limits for this account.

COMPOUNDING AND CREDITING. Interest will be compounded monthly and will be credited to your account monthly. If you close your account before interest is credited, you will not receive the accrued interest.

MINIMUM BALANCE REQUIREMENTS. A maintenance fee of $5.00 will be imposed every month if the daily balance on any day of the month falls below $200.00.

There is no minimum deposit required to open the account.

You must maintain a minimum daily balance of $0.01 in the account each day to obtain the disclosed annual percentage yield. You will earn interest for every day during the period that your account equals or exceeds the minimum daily balance requirement.

DORMANT/INACTIVE ACCOUNT INFORMATION. Except for customers of Town Bank, a dormant fee will be charged monthly once an account is dormant. Refer to the Special Service Fee Schedule for details.

BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in the account each day.

The daily balance that we use when calculating interest is the collected balance. That means we only include those funds for which we have actually received payment when we determine the daily balance on which interest is paid.

ACCRUAL ON NONCASH DEPOSITS. Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).

TRANSACTION LIMITATIONS. Transfers from a statement savings account to an account of the same depositor at this bank or to third parties by preauthorized, automatic, telephone, computer transfer, electronic transfer, or by ATM/debit card are limited to six (6) per calendar month with no transfers by draft or similar orders to third parties in accordance with Federal Regulation D. An excessive transaction fee will be charged for each transaction in excess of six (6) per calendar month. Refer to the separate fee schedule for details.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT. The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card (savings account would be a secondary account linked to a card)
Online Banking
E-Statements
Mobile Banking
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

Money Market – Available at all Wintrust Affiliated Locations

RATE INFORMATION. Please refer to Deposit Rate Sheet for current interest rates and annual percentage yields (APYs) for this variable tiered account. The interest rate listed in each tier will be paid on the entire balance in your account.
Your interest rate and annual percentage yield may change.

Determination of Rate. At our discretion, we may change the interest rate on your account.

Frequency of Rate Changes. We may change the interest rate on your account at any time.

Limitations on Rate Changes. There are no maximum or minimum interest rate limits for this account.

COMPOUNDING AND CREDITING. Interest will be compounded monthly and will be credited to your account monthly. If you close your account before interest is credited, you will not receive the accrued interest.

MINIMUM BALANCE REQUIREMENTS. A maintenance fee of $15.00 will be imposed every statement cycle if the daily balance on any day of the statement cycle falls below $2,500.00.

If you maintain an average daily balance of $5,000.00 for the monthly statement cycle the minimum balance maintenance fee will be waived.

The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

You must deposit $100.00 to open this account.

You must maintain a minimum daily balance of $0.01 in the account each day to obtain the disclosed annual percentage yield. You will earn interest for every day during the period that your account equals or exceeds the minimum daily balance requirement.

DORMANT/INACTIVE ACCOUNT INFORMATION. Except for customers of Town Bank, a dormant fee will be charged monthly once an account is dormant. Refer to the Special Service Fee Schedule for details.

BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in the account each day.

The daily balance that we use when calculating interest is the collected balance. That means we only include those funds for which we have actually received payment when we determine the daily balance on which interest is paid.

ACCRUAL ON NONCASH DEPOSITS. Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).

TRANSACTION LIMITATIONS. Transfers from a money market account to an account of the same depositor at this bank or to third parties by preauthorized, automatic, telephone, or computer transfer or by check draft, or similar order to third parties are limited to six(6) per monthly statement cycle in accordance with Federal Regulation D. An excessive transaction fee will be charged for each transaction in excess of the above mentioned limitations. Refer to the separate fee schedule for details.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT. The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:
Debit Card (Money Market would be a secondary account linked to a card)
E-Statements
Mobile Banking
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

Certificate of Deposit – Available at all Wintrust Affiliated Locations

RATE INFORMATION. Please refer to Deposit Rate Sheet for current interest rates and annual percentage yields (APYs) for this account.
You will be paid this interest rate until maturity.

COMPOUNDING AND CREDITING. Interest will be compounded monthly and will be credited to your account monthly.

The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. If interest is credited to another account or paid to you by check, this may reduce earnings and may negate the effect of interest compounding.

MINIMUM BALANCE REQUIREMENTS. You must deposit $1,000.00 to open a Certificate of Deposit. You must maintain a minimum daily balance of $0.01 in the account each day to obtain the disclosed annual percentage yield. You will earn interest for every day during the period that your account equals or exceeds the minimum daily balance requirement.

BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in the account each day.

ACCRUAL ON NONCASH DEPOSITS. Interest begins to accrue on the business day you deposit noncash items (for example, checks).

TRANSACTION LIMITATIONS. You may not make deposits into your account until the maturity date. You may make withdrawals of principal from your account before maturity only if we agree at the time you request the withdrawal. Principal withdrawn before maturity is included in the amount subject to early withdrawal penalty. You can only withdraw interest credited in the term before maturity of that term without penalty. You can withdraw interest any time during the term of crediting after it is credited to your account.

MATURITY DATE. Account maturity date will be provided when account has been funded.

EARLY WITHDRAWAL PROVISIONS. (a penalty may be imposed for withdrawals before maturity) –

  • If your account has an original maturity of 12 months or less:
    The fee we may impose will equal three month's interest on the amount withdrawn subject to penalty.
  • If your account has an original maturity of more than 12 months:
    The fee we may impose will equal twelve month's interest on the amount withdrawn subject to penalty.

In certain circumstances such as death or incompetence of an owner of this account, the law permits, or in some cases requires, the waiver of the early withdrawal penalty.

RENEWAL POLICIES. Your account will automatically renew at maturity. You will have a grace period of 10 calendar days after the maturity date to withdraw the funds in the account without being charged an early withdrawal penalty.

You may prevent renewal if you withdraw the funds in the account at maturity or we receive written notice from you within the grace period.

We can prevent renewal if we mail notice to you at least 30 calendar days before maturity. If either you or we prevent renewal, interest will not accrue after final maturity. Each renewal maturity date will be communicated on the maturity notice. The interest rate will be the interest rate we offer on new time deposit accounts of similar terms and amounts on the maturity date.

Cubs Checking – Available at Wintrust Affiliated Locations, except Town Bank locations

MINIMUM BALANCE REQUIREMENTS. Initial deposit of $100.00 is required to open the account.

MINIMUM BALANCE TO AVOID THE IMPOSITION OF FEES. No minimum daily balance is required after opening. There are no monthly maintenance fees.

DORMANT/INACTIVE ACCOUNT INFORMATION. A dormant fee will be charged monthly once an account is dormant. Refer to the Special Service Fee Schedule for details.

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

ATM Transactions - The bank does not charge its customers a monthly card usage fee. No transaction charge at any ATM in the Allpoint, MoneyPass or Sum surcharge – free networks. Other banks outside the network may impose ATM surcharges at their machines. Surcharge fees assessed by owners of other domestic ATMs outside the network will be reimbursed. Reimbursement does not include the 1.10% International Service fee charged by the bank for certain foreign transactions conducted outside the continental United States.

The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card
Online Banking
Online Bill Pay
E-Statements
Mobile Banking
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

White Sox Checking - Available at Wintrust Affiliated Locations, except Town Bank locations

MINIMUM BALANCE REQUIREMENTS. Initial deposit of $100.00 is required to open the account.

MINIMUM BALANCE TO AVOID THE IMPOSITION OF FEES. No minimum daily balance is required after opening. There are no monthly maintenance fees.

DORMANT/INACTIVE ACCOUNT INFORMATION. A dormant fee will be charged monthly once an account is dormant. Refer to the Special Service Fee Schedule for details.

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

ATM Transactions - The bank does not charge its customers a monthly card usage fee. No transaction charge at any ATM in the Allpoint, MoneyPass or Sum surcharge – free networks. Other banks outside the network may impose ATM surcharges at their machines. Surcharge fees assessed by owners of other domestic ATMs outside the network will be reimbursed. Reimbursement does not include the 1.10% International Service fee charged by the bank for certain foreign transactions conducted outside the continental United States.

The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card
Online Banking
Online Bill Pay
E-Statements
Mobile Banking
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

DePaul Checking – Available only at Wintrust Bank

MINIMUM BALANCE REQUIREMENTS. There is no minimum deposit to open the account.

MINIMUM BALANCE TO AVOID THE IMPOSITION OF FEES. No minimum daily balance is required after opening. There are no monthly maintenance fees.

DORMANT/INACTIVE ACCOUNT INFORMATION. A dormant fee will be charged monthly once an account is dormant. Refer to the Special Service Fee Schedule for details.

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

ATM Transactions - The bank does not charge its customers a monthly card usage fee. No transaction charge at any ATM in the Allpoint, MoneyPass or Sum surcharge – free networks. Other banks outside the network may impose ATM surcharges at their machines. Surcharge fees assessed by owners of other domestic ATMs outside the network will be reimbursed. Reimbursement does not include the 1.10% International Service fee charged by the bank for certain foreign transactions conducted outside the continental United States.

The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card
Online Banking
Online Bill Pay
E-Statements
Mobile Banking
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

DePaul Checking Account Bonus Offer Addendum

To
Truth in Savings Disclosure
Promotional Period: April 1, 2019 through December 31, 2019

General Information

This DePaul Checking account bonus offer is valid for new DePaul Checking accounts opened during the Promotional Period of April 1, 2019 through December 31, 2019 that meet the bonus qualifications set forth below.

Accounts are governed by the Deposit Account Agreement and the Truth in Savings Disclosure provided to you at account opening. This DePaul Checking Account Bonus Offer Addendum shall be considered a part of your Truth in Savings Disclosure.

This DePaul Checking bonus offer is not available to existing or closed checking account customers of Wintrust Financial Corporation and its subsidiaries (“WTFC”) or its active employees. Limit one bonus payment per customer, regardless of the number of accounts opened. If you qualify for this DePaul Checking account bonus offer, you are ineligible to receive this DePaul Checking account bonus offer from any other WTFC location1. If you qualify for any other WTFC savings offer it may be combined with this DePaul Checking account bonus offer.

Bonus Qualifications

To qualify for the bonus payment, you must:

1) Open a new DePaul Checking account during the Promotional Period.
2) Enroll in online banking and mobile banking for your new account within two (2) consecutive calendar months, after the calendar month your new account is open (“Qualification Period”).
3) 
Activate e-statements for your new account within the Qualification Period.

After you have completed all the above bonus qualifications, we will deposit the $50.00 bonus payment to your new DePaul Checking account within thirty (30) calendar days after the Qualification Period. Your new account must be open, in the same product and have a balance2 greater than zero to receive the bonus payment.

IRS Reporting

The $50.00 bonus is subject to IRS 1099-INT reporting and may be considered income for tax purposes for the tax year in which the bonus was paid.

Disclosures

In connection with your account, we may give you certain disclosure statements, Bonus Offer Addendums and promotional materials, and may revise them from time to time. If any change would adversely affect you, we will notify you in advance as required by applicable law. By continuing to use your account after we send you notice of any change, you agree to the change.

______________________________________________________________________________________________
1
A list of WTFC locations can be found here: http://www.wintrust.com/findus/locations.html
2Balance” is determined as of the end of each Business Day as the funds currently in your account including deposits and withdrawals made in the Business Day. 
 

Northwestern Wildcats Checking – Available only at Wintrust Bank

MINIMUM BALANCE REQUIREMENTS. Initial deposit of $100.00 is required to open the account.

MINIMUM BALANCE TO AVOID THE IMPOSITION OF FEES. No minimum daily balance is required after opening. There are no monthly maintenance fees.

DORMANT/INACTIVE ACCOUNT INFORMATION. A dormant fee will be charged monthly once an account is dormant. Refer to the Special Service Fee Schedule for details.

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

ATM Transactions - The bank does not charge its customers a monthly card usage fee. No transaction charge at any ATM in the Allpoint, MoneyPass or Sum surcharge – free networks. Other banks outside the network may impose ATM surcharges at their machines. Surcharge fees assessed by owners of other domestic ATMs outside the network will be reimbursed. Reimbursement does not include the 1.10% International Service fee charged by the bank for certain foreign transactions conducted outside the continental United States.

The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card
Online Banking
Online Bill Pay
E-Statements 
Mobile Banking 
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

Marquette Checking – Available only at Town Bank

MINIMUM BALANCE REQUIREMENTS. There is no minimum deposit required to open this account.

MINIMUM BALANCE TO AVOID THE IMPOSITION OF FEES. No minimum daily balance is required after opening. There are no monthly maintenance fees.

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

ATM Transactions - The bank does not charge its customers a monthly card usage fee. No transaction charge at any ATM in the Allpoint, MoneyPass, ATM Access or Sum surcharge – free networks. Other banks outside the network may impose ATM surcharges at their machines. Surcharge fees assessed by owners of other domestic ATMs outside the network will be reimbursed. Reimbursement does not include the 1.10% International Service fee charged by the bank for certain foreign transactions conducted outside the continental United States.

The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card Online Banking
Online Bill Pay
E-Statements
Mobile Banking
Remote Deposit

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

Marquette Checking Account Bonus Offer Addendum

To
Truth in Savings Disclosure
Promotional Period: April 1, 2019 through December 31, 2019

General Information

This Marquette Checking account bonus offer is valid for new Marquette Checking accounts opened during the Promotional Period of April 1, 2019 through December 31, 2019 that meet the bonus qualifications set forth below. Accounts are governed by the Deposit Account Agreement and the Truth in Savings Disclosure provided to you at account opening. This Marquette Checking Account Bonus Offer Addendum shall be considered a part of your Truth in Savings Disclosure.

This Marquette Checking bonus offer is not available to existing or closed checking account customers of Wintrust Financial Corporation and its subsidiaries (“WTFC”) or its active employees. Limit one bonus payment per customer, regardless of the number of accounts opened. If you qualify for this Marquette Checking account bonus offer, you are ineligible to receive this Marquette Checking account bonus offer from any other WTFC location1. If you qualify for any other WTFC savings offer it may be combined with this Marquette Checking bonus.

Bonus Qualifications

To qualify for the bonus payment, you must:

1) Open a new Marquette Checking account during the Promotional Period.

2) Enroll in online banking and mobile banking for your new account within two (2) consecutive calendar months, after the calendar month your new account is open (“Qualification Period”).

3) Activate e-statements for your new account within the Qualification Period.

After you have completed all the above bonus qualifications, we will deposit the $50.00 bonus payment to your new Marquette Checking account within thirty (30) calendar days after the Qualification Period. Your new account must be open, in the same product and have a balance2greater than zero to receive the bonus payment.

IRS Reporting

The $50.00 bonus is subject to IRS 1099-INT reporting and may be considered income for tax purposes for the tax year in which the bonus was paid.

Disclosures

In connection with your account, we may give you certain disclosure statements, Bonus Offer Addendums and promotional materials, and may revise them from time to time. If any change would adversely affect you, we will notify you in advance as required by applicable law. By continuing to use your account after we send you notice of any change, you agree to the change.

______________________________________________________________________________________________
1
A list of WTFC locations can be found here: http://www.wintrust.com/findus/locations.html
2 “Balance” is determined as of the end of each Business Day as the funds currently in your account including deposits and withdrawals made in the Business Day. “Business Day” means every day except Saturdays, Sundays and federal holidays. Some Bank branches may close on a business day due to an emergency or to observe a state holiday. 
 

Marquette Premier Checking – Available only at Town Bank

RATE INFORMATION. Please refer to Deposit Rate Sheet for current interest rate and annual percentage yield (APY) for this account. Your interest rate and annual percentage yield may change.

Determination of Rate. At our discretion, we may change the interest rate on your account.

Frequency of Rate Changes. We may change the interest rate on your account at any time.

Limitations on Rate Changes. There are no maximum or minimum interest rate limits for this account.

COMPOUNDING AND CREDITING. Interest will be compounded monthly and will be credited to your account monthly. If you close your account before interest is credited, you will not receive the accrued interest.

MINIMUM BALANCE REQUIREMENTS. A maintenance fee of $25.00 will be imposed every statement cycle if the average daily balance for the statement cycle falls below $10,000.00

The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

If you maintain an average relationship balance of $75,000.00 or more for the monthly statement cycle, the minimum balance maintenance fee will be waived. Relationship balances include owned checking, savings, money market and certificate of deposit including retirement and MaxSafe deposits held directly with our bank.

You must deposit $100.00 to open this account.

You must maintain a minimum daily balance of $0.01 in the account each day to obtain the disclosed annual percentage yield. You will earn interest for every day during the period that your account equals or exceeds the minimum daily balance requirement.

BALANCE COMPUTATION METHOD. We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in the account each day.

The daily balance that we use when calculating interest is the collected balance. That means we only include those funds for which we have actually received payment when we determine the daily balance on which interest is paid.

ACCRUAL ON NONCASH DEPOSITS. Interest begins to accrue no later than the business day we receive credit for the deposit of noncash items (for example, checks).

TRANSACTION LIMITATIONS. No transaction limitations apply to this account.

ADDITIONAL INFORMATION REGARDING YOUR ACCOUNT.

ATM Transactions - The bank does not charge its customers a monthly card usage fee. No transaction charge at any ATM in the Allpoint, MoneyPass, ATM Access or Sum surcharge – free networks. Other banks outside the network may impose ATM surcharges at their machines. Surcharge fees assessed by owners of other domestic ATMs outside the network will be reimbursed. Reimbursement does not include the 1.10% International Service fee charged by the bank for certain foreign transactions conducted outside the continental United States.

Additional Account Features and Benefits- Free bank specialty check printing for your Marquette Premier Checking*
Waived fess when purchasing Money Order and Cashier Checks*
Waived fees for incoming wire transfers credited to your Marquette Premier Checking*
Waived rental fees on a safe deposit box – smallest box size offered at the branch location or an equivalent discount to a larger size box.*

The following account benefits are available to you at no additional cost from the bank; however they may be subject to overdraft fees or other fees, including fees from a third party, such as message, data, and/or internet service provider fees:

Debit Card
Online Banking
Online Bill Pay
E-Statements
Mobile Banking
Remote Deposit

*Account must remain open to be eligible for benefits. The account benefits may not be combined with any other account benefit offers. Marquette Premier Checking benefits may be changed or withdrawn with 30 day calendar notification.

FEES AND CHARGES. Please refer to the separate fee schedule provided to you with this disclosure for information about fees and charges associated with this account. A fee schedule will be provided to you at the time you open an account, periodically when fees or charges change, and upon request.

Marquette Premier Checking Account Bonus Offer Addendum

To
Truth in Savings Disclosure
Promotional Period: April 1, 2019 through December 31, 2019

General Information

This Marquette Premier Checking account bonus offer is valid for new Marquette Premier Checking accounts opened during the Promotional Period of April 1, 2019 through December 31, 2019 that meet the bonus qualifications set forth below.

Accounts are governed by the Deposit Account Agreement and the Truth in Savings Disclosure provided to you at account opening. This Marquette Premier Checking Account Bonus Offer Addendum shall be considered a part of your Truth in Savings Disclosure.

This Marquette Premier Checking account bonus offer is not available to existing or closed checking account customers of Wintrust Financial Corporation and its subsidiaries (“WTFC”) or its active employees. Limit one bonus payment per customer, regardless of the number of accounts opened. If you qualify for this Marquette Premier Checking account bonus offer, you are ineligible to receive this Marquette Premier Checking account bonus offer from any other WTFC location1. If you qualify for any other WTFC savings offer it may be combined with this Marquette Premier Checking account bonus offer.

Bonus Qualifications

To qualify for the bonus payment, you must:

1) Open a new Marquette Premier Checking account during the Promotional Period.

2) Tell us you are aware of this Marquette Premier Checking account bonus offer at account opening.

3) Have monthly occurring “Direct Deposits”2 made to your new account within two (2) consecutive calendar months, after the calendar month your new account is open (“Qualification Period”).

4) Enroll in online banking and activate e-statements for your new account within the Qualification Period.

After you have completed all the above bonus qualifications, we will deposit the $200.00 bonus payment to your new Marquette Premier Checking account within thirty (30) calendar days after the Qualification Period. Your new account must be open, in the same product and have a balance3 greater than zero to receive the bonus payment.

IRS Reporting

The $200.00 bonus is subject to IRS 1099-INT reporting and may be considered income for tax purposes for the tax year in which the bonus was paid.

Disclosures

In connection with your account, we may give you certain disclosure statements, Bonus Offer Addendums and promotional materials, and may revise them from time to time. If any change would adversely affect you, we will notify you in advance as required by applicable law. By continuing to use your account after we send you notice of any change, you agree to the change.

______________________________________________________________________________________________
A list of WTFC locations can be found here: http://www.wintrust.com/findus/locations.html
“Direct Deposit” means any payment made by a government agency, employer, or other third party organization which is made via an electronic deposit. Direct deposits do not include teller/ATM/mobile or remote deposits, wire transfers, Online Banking/telephone transfers between accounts at the bank, external transfers from other accounts at other financial institutions, and/or ATM/debit card transfers and deposits
“Balance” is determined as of the end of each Business Day as the funds currently in your account including deposits and withdrawals made in the Business Day.

 

 

FUNDS AVAILABILITY POLICY

The purpose of this section is to describe our policy of holding deposited items in an account before funds are made available to you for withdrawal.  When we delay your ability to withdraw funds from a deposit, you may not withdraw the funds in cash, and we will not pay checks you have written on your account by using these funds. Even after we have made funds available to you and you have withdrawn the funds, you are still responsible for any check you deposit that is returned to us for any reason and for any other problems involving your deposit.

The length of delay that we may apply to deposits varies depending on the type of deposit that is made. When we delay your ability to withdraw funds, the length of the delay is counted in Business Days from the day of your deposit. If you make a deposit before the close of business on a Business Day, we will consider that day to be the day of your deposit. If you make a deposit after the close of business or on a day that we are not open, we will consider the deposit made on the next Business Day.

In order for check deposits to be made available according to this Funds Availability Schedule the checks must be made payable to you and deposited into your account.

Please visit us online at http://www.wintrust.com/findus/locations.html to find the Wintrust location nearest you and their hours of operation.

Availability Schedule

Type of Deposit

Funds Availability

Funds Availability

  • Electronic Deposit
  • Cash Deposit made in person to one of our employees at a Branch
  • Incoming Wire Transfers

Same Day

 
  • Checks drawn on any Wintrust Affiliate Bank deposited in person to one of our employees at a Branch
  • Checks drawn on any Wintrust Affiliate Bank not deposited in person to one of our employees at a Branch
  • U.S. Treasury Checks
  • U.S. Postal Service money orders, Federal Reserve Bank or Federal Home Loan Bank checks, State or local government checks, Cashier’s, certified or teller checks deposited in person to one of our employees at a Branch
On the first Business Day after the date of your deposit
 
  • U.S. Postal Service money orders, Federal Reserve Bank or Federal Home Loan Bank checks, State or local government checks, Cashier’s, certified or teller checks not deposited in person to one of our employees at a Branch

First $200.00 of the deposit

Remainder of the deposit

On the first Business Day after the date of your deposit
On the second Business Day after the date of your deposit
  • All other checks
First $200.00 of the deposit

Remainder of the deposit

On the first Business Day after the date of your deposit

On the second Business Day after the date of your deposit

 

Delayed Availability

Funds deposited by check may be delayed for a longer period of time under the following circumstances:

  • If we believe a check you deposit will not be paid
  • If you deposit checks totaling more than $5,000.00 in any one Business Day
  • If you redeposit a check that has been returned unpaid
  • If an emergency condition arises that would not enable us to make the funds available to you, such as the failure of computer or communications equipment

You will be notified if we delay your ability to withdraw funds for any of these reason listed above. In addition, we will tell you when the funds will be available, which will generally be no later than the sixth Business Day after the day of your deposit. In the event you will need funds right away, please ask us when the funds will be available to avoid any returned items and possible overdrafts.

New Accounts

If your account has been open for less than thirty (30) days, the following additional rules will apply:

Type of Deposit

Funds Availability

Funds Availability

  • Electronic Deposit

Same Day

 
  • U.S. Treasury Checks
  • Cash deposits made in person to one of our employees at a Branch
  • Incoming Wire Transfers
On the first Business Day after the date of your deposit
 
  • U.S. Postal Service money orders, Federal Reserve Bank or Federal Home Loan Bank checks, State or local government checks, Cashier’s, certified or teller checks deposited in person to one of our employees at a Branch

First $5,000.00

Remainder of deposit

On the first Business Day after the date of your deposit
No later than the sixth Business Day after the date of your deposit
  • U.S. Postal Service money orders, Federal Reserve Bank or Federal Home Loan Bank checks, State or local government checks, Cashier’s, certified or teller checks not deposited in person to one of our employees at a Branch
First $5,000.00 of the deposit

Remainder of the deposit

On the first Business Day after the date of your deposit

No later than the sixth Business Day after the date of your deposit

  • All other checks
     
First $200.00 of the deposit
Remainder of the deposit
On the first Business Day after
the date of your deposit
On the sixth Business Day after
the date of your deposit

 

Holds on Other Funds for Check Cashing

If we cash a check for you that is drawn on another financial institution, 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 them.

Deposits at ATMs

If you make a deposit at any Wintrust affiliated bank owned ATM before 6:00 p.m. Central Standard Time (CST) on any Business Day, we will consider the deposit made that day. Deposits made after 6:00 p.m. (CST) or on a non-Business Day, we will consider the deposit made on the next Business Day.

If you make a deposit at an ATM not owned by any Wintrust affiliated bank, the funds will not be available until the fifth Business Day after the day of your deposit.

Please visit http://www.wintrust.com/findus/locations.html for a complete listing of Wintrust affiliated bank owned ATMs.

Deposits of Foreign Items

Checks drawn of financial institutions outside of the U.S. are exempt from our standard funds availability policy as they cannot be processed the same way as a check drawn on a domestic financial institution. Generally, foreign checks are sent for collection meaning that funds from a foreign check will not be available to you until the funds are collected from the financial institution on which the check is written.

 

SUBSTITUTE CHECK POLICY DISCLOSURE

Substitute Checks and Your Rights

WHAT IS A SUBSTITUTE CHECK? To make check processing faster, federal law permits banks to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.

Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.

WHAT ARE MY RIGHTS REGARDING SUBSTITUTE CHECKS? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.

If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

HOW DO I MAKE A CLAIM FOR A REFUND? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us by phone or in writing.

You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include:

  • A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
  • An estimate of the amount of your loss;
  • An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
  • A copy of the substitute check and/or the following information to help us identify the substitute check such as the check number, the name of the person to whom you wrote the check, the amount of the check.

 

ELECTRONIC FUND TRANSFER DISCLOSURE

The Electronic Fund Transfer Act and Regulation E require us to provide you certain information regarding electronic fund transfers (“EFTs”). We offer a variety of EFT services to our customers including the use of an ATM or debit card, transfers, payments or deposits made using Telebank, .COMmunity Banking, .COMmunity Mobile or other electronic methods.

In the event you are using your Debit Card to access a Health Savings Account (HSA), the sections of this Agreement governed by Regulation E will not apply as an HSA is defined by the IRS as a trust account and is not covered under the regulation. Other sections, such as MasterCard zero liability for unauthorized use, will apply. Health Savings MasterCard Debit Card transactions are to pay for qualified medical expenses and you agree to comply with IRS guidelines. Transaction amounts will be reported to the IRS as distributions at the end of the year. Any non-qualified distributions may be taxed and, if applicable, subject to additional IRS penalties. We are not liable for any taxes, costs or penalties incurred due to non-qualified distributions.

Electronic Fund Transfer Services Provided

ATM and Debit Cards

You may be given an ATM or debit card to access your checking, savings, money market or NOW account with us. Please visit http://www.wintrust.com/findus/locations.html for a complete listing of Wintrust affiliated bank owned ATMs.

If you obtain your ATM or debit card at any one of our locations, you may select your own PIN. If your ATM or debit card is mailed you, your PIN will be randomly generated and mail to you separately.

  • At any ATM you can:

o         Perform balance inquiries on your account

o         Withdraw cash from your account

o         Transfer funds between your accounts – this service is not available when your ATM or debit card is tied to your HSA or Student Checking Account (for minors ages 13 through 17)

  • In addition to the services listed above, at any Wintrust owned ATM you can:

o         Make a deposit to your account with us

  • You can use your debit card at any merchant that accepts Mastercard® for the purchase of goods and services. If the merchant permits you may be able to withdraw cash while completing a purchase.
  • Use your debit card to obtain cash from your account at any participating financial institution

Your ability to perform transactions or access the accounts set forth above depends on the location and type of ATM you are using and the network through which the transaction is taking place. A specific ATM or network may not allow all of the above transactions.

You are able to use your ATM or debit card at any of our ATM locations or any ATM on the following networks: MasterCard, NYCE, Allpoint, MoneyPass, Sum & ATM Access (Wisconsin residents only).

ATM 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.

Telebank Services

Using our Telebank Services you will have access to your checking, savings, money market or NOW account with us, 24 hours a day, seven days a week. A PIN will be required to use this service, please speak with a banker for more information. Using our Telebank services you can:

o    Perform balance inquiries on your accounts

o    Inquire on the last 10 debits and last 10 credits made your accounts

o    Inquire about the current balance, interest rate, term, maturity date, last interest amount paid and when it was paid, interest paid to you during the current year and interest paid to you during the previous year on your certificate of deposit

o    Inquire about the current balance, next payment due, payoff information, interest information, escrow information and original loan amount on your mortgage or installment loan.

o    Inquire about the current balance, payment, payoff information, interest information and information on the last 3 advances on your line of credit

o    Inquire about the current balance, next payment due date and interest information on your commercial loan

o    Activate your ATM or debit card, report a lost or stolen card, change your PIN or request assistance with MasterCard Secure Code

Preauthorized Transfer Services

In accordance with this Agreement you can establish preauthorized transfers including preauthorized automatic deposits of funds to or preauthorized automatic payments or withdrawals from your account(s). In addition, you may authorize a merchant or other third party payee to make a one-time electronic payment from your checking account using information from your check. We may process these transfers via ACH.

We currently do not charge you for direct deposits to any type of account or preauthorized payments from any type of account and except as disclosed to you either in this Agreement or any other Disclosure provided to you, we do not charge for electronic fund transfers. Though we currently do not charge for these transactions, we reserve the right to impose a fee and to change any fees in our sole discretion upon notice to you.

Transfers for Overdraft Protection

Any transfer to or from your account established to help avoid overdrafts as part of an overdraft protection option is considered an electronic funds transfer and is subject to these terms.

.COMmunity Banking and .COMmunity Mobile Services

Should you chose to enroll in either online or mobile banking services, at the time of account opening or at a later date, you will be subject to the terms and contains contained in the Online Banking and Bill Payment Agreement and Disclosure and/or the Mobile Terms and Conditions.

Using .COMmunity Banking and .COMmunity Mobile you can:

  • Transfer funds between your accounts
  • Make payments:

o    From your checking, savings, money market or NOW account to loan account(s) with us

o    From your checking or NOW account to third parties using the bill payment service

  • Get information about:

o    The balance of your checking, savings, money market or NOW account(s)

o    Deposits or withdrawals posted to your checking, savings, money market or NOW accounts(s)

  • View front & back images of canceled checks

 

In addition, using .COMmunity Banking will also allow you to:

  • Place a stop payment on a single check or a range of checks
  • Initiate an external funds transfer from your checking, savings, money market or NOW account to an account you may have at another bank
  • Set up reoccurring transfers
  • Set up alerts
  • Enroll in e-statements
  • View & print front and back images of canceled checks
  • Reorder checks through Deluxe
  • Download transactions directly into Intuit Quicken via Web Connect for Quicken

Zelle® money transfers are available for consumer accounts only through the .COMmunity Mobile app accessed through your phone, tablet or other mobile device.

Limitations on Transactions

Transfers from Savings and Money Market Accounts

Federal regulation limits the number of checks, telephone transfers, online transfers, and preauthorized electronic transfers to your account and to third parties (including Point of Sale transactions) from money market and savings accounts. You are limited to six (6) transfers from each account per month. These restrictions disclosed at the time of account opening or subsequently sent to you will apply to your electronic withdrawals and electronic payments unless specified otherwise.

Daily Limits

Transfers and bill payment transaction limits are disclosed at the time the services are set up, and prior to any changes being made.

There is a daily limit for all ATM withdrawal transactions. For security reasons, specific dollar limits are disclosed at the time your ATM card is issued. We reserve the right to change any limit at any time upon notice to you. We also reserve the right to impose limitations for security purposes at any time. In the event we consider your account to be inactive or dormant, we will restrict the usage of your ATM or debit card.

These are our standard limits. You may request a different ATM or purchase limit which is subject to our approval:

DAILY LIMITS 
 
Card Type
Purchase Limit1 Number of Purchase
or Payment Transactions2
ATM Cash Withdrawals
Number of ATM Cash
Withdrawals or Transfers

Account to Account
Transfers

Account to Account
Payments

Cash Advances3

ATM Card

NA
NA
$535.00
5
NA
NA
NA

MasterCard Debit Card

$2,500.00
10
$535.00
5
$500.00
$2,500.00
$500.00

Health Savings MasterCard Debit Card

$2,500.00
10
$535.00
5
NA
NA
NA

Student Checking MasterCard Debit Card

$500.00
10
$250.00
5
$250.00
$500.00
NA

 

______________________________________________________________________________________________
1
Purchase transactions are limited to $2,500.00 for PIN based transactions and $2,500.00 for signature based transactions in any day.
2 Purchase transactions are limited to 10 PIN based and 10 signature based transactions in any day.
3 Cash Advances are limited to 2 per day

 

 

Foreign Transactions

If you perform transactions using your card with the Mastercard® logo in a currency other than US dollars, Mastercard International Inc. will convert the charge into a US dollar amount. Mastercard International uses a currency conversion procedure which is disclosed to institutions that issue Mastercard® branded cards. Currently, to determine the transaction amount in US dollars when the transaction was completed in another currency, Mastercard Internal will use a currency conversion rate that is generally either a government mandated rate or wholesale rate, determined by Mastercard International for the processing cycle in which the transaction is processed, increased by an adjustment factor established from time to time by Mastercard International. The currency conversion rate used by Mastercard International on the processing date may be different than the currency conversion rate on the date of the purchase or the statement posting date of the transaction.

Mastercard® charges us a Currency Conversion fee of 0.200% of the transaction amount for performing currency conversion and a Cross-Border Fee of 0.900% of the transaction on all cross-border transactions. Cross-border transactions are transactions that are processed through the “Global Clearing Management System” or the “Mastercard Debit Switch” when the country of the merchant or machine is different than the country where your card was issued. Because of this, you will be charged 1.100% on all cross border transactions regardless if a currency conversion was needed.

Rights and Responsibilities

Documentation Evidencing an EFT

You may receive one or more of the following pieces of documentation evidencing a transfer:

  • Receipts – any time you complete an EFT transaction of more than $15.00 at an ATM terminal, when withdrawing cash at a participating financial institution using your debit card, or completing a POS purchase you will be provided a receipt.
  • Periodic Statements – if your account receives monthly statements, all EFT transactions will be reported on the statement. If your account receives statements less frequently than monthly, you will continue to receive your scheduled statements, unless an EFT transaction(s) occurs. If an EFT transaction(s) occurs, you will receive a monthly statement. Regardless, you will receive a statement at least quarterly.

Change in Payment Amount

In the event you have arranged for automatic periodic payments to be deducted from your account and these payments vary in amount, you will be notified by the person or company you are going to pay ten (10) days prior to the payment date of the amount to be deducted.

Customer Liability

If you believe that your ATM or Debit Card or PIN has been lost or stolen please contact us immediately. In addition, you are responsible for informing immediately us if you believe that an electronic fund transfer has occurred without your permission. To maintain the security of your accounts, the best way to contact us regarding these events is by phone. Please visit the How to Contact Us section of this Agreement for contact information. If you believe that your ATM or Debit Card or PIN has been lost or stolen, your losses will be limited to the following:

  • If you report the loss or theft within two (2) Business Days you can lose no more than fifty dollars ($50) if unauthorized ATM Card, Debit Card or PIN based transactions occur on your account.
  • If you report the loss or theft more than two (2) Business Days after the you are aware of the loss or theft and we can prove that the unauthorized ATM Card, Debit Card or PIN based transaction(s) could have been prevented, you can lose as much as five hundred dollars ($500.00) if unauthorized ATM Card, Debit Card or PIN based transaction(s) occur on your account.
  • If your statement shows unauthorized transfers, including those made by card, code or other means, you must notify us immediately. If you do not tell us within sixty (60) days after the statement was sent to you, you may not receive back any money you lost after the sixty (60) days. It may be possible for you to lose all the money in your account (plus your maximum overdraft line of credit, if applicable) if you inform us of unauthorized transaction after sixty (60) days and we can prove that the unauthorized transaction(s) could have been prevented had you notified us. If there are extenuating circumstances that have prevented you from notifying us, we will extend the notification time.

The above limitations on your losses for unauthorized transactions generally apply to all electronic fund transfers. However, different limitations apply to certain transactions involving your Mastercard® branded card. If you promptly notify us about an unauthorized transaction involving your card and the unauthorized transaction took place on your Mastercard® branded card, including any PIN-based, ATM or POS transaction, zero liability will be imposed on you for the unauthorized transaction. You must have exercised reasonable care in safeguarding your card and you must have reported the loss or theft promptly to us upon you becoming aware of the situation in order to qualify for the zero liability.

Errors or Questions about Your Transactions

If you have questions about any electronic fund transfers or if you think your statement or receipt is wrong, please contact us right away, but no later than sixty (60) days after we sent you the statement in which the error or problem first appeared. When you contact us, please have the following information ready:

  • Your name and your account number
  • A description of the error or transaction in question along with an explanation why you think there is an error or why you need additional information
  • The dollar amount of the error or transaction in question

If you call, we may require you to send your complaint or question to us in writing within ten (10) Business Days.

Upon notice from you, we will determine if an error has occurred within ten (10) Business Days or twenty (20) Business Days for new accounts. If we determine that an error has occurred, we will promptly correct the error. However, in some situations we may need more time to complete our investigation and make a determination. If more time is needed, we may take up to forty-five (45) Business Days or ninety (90) Business Days for new accounts, foreign initiated or POS transfers. If we need more time, we will credit your account within ten (10) Business Days or twenty (20) Business Days for new accounts, for the amount which you think is an error as a provisionary credit. You will be able to use the funds during our investigation. If we ask you to put you complaint or question in writing to us and we do not receive the written notification within ten (10) Business Days, we may not credit your account. The extended investigations for new accounts applies to all electronic fund transfers that occur within the first thirty (30) days after the first deposit to your account is made, including those for foreign initiated or Point of Sale transactions.

Upon completion of our investigation, we will inform you of the results within three (3) Business Days. If we determine that no error was made, we will send you a written explanation of our findings. In the event we determine that no error is made we will debit your account for the amount of the provisional credit made to you. You have the right to ask to copies of the documentation that we used during our investigation.

Disclosure of Information

We may disclose information to third parties about you and your account or any electronic fund transfer made:

  • When necessary to complete a transfer or to investigate and resolve errors involving an electronic fund transfer(s)
  • To verify the existence and condition of your account to a third party such as a credit bureau or merchant
  • To comply with any government agency, court order or Legal Process
  • If you give us your permission in a record or writing

Liability for Failure to Complete a Transaction

If we do not complete a transfer to or from your account on time or in the correct amount according with our agreement to you, we will be liable for any losses or damages as provided by law. However, there are some exceptions to this. Examples of when we will not be liable are:

  • If through no fault of ours, you do not have enough money in your account to make the transfer
  • If the transfer would result in your exceeding the credit limit on your line of credit, if you have one
  • If the electronic terminal was not working properly and you knew about the breakdown before you started the transfer
  • If circumstances beyond our control (such as fire or flood, computer or machine breakdown, or failure or interruption of communications facilities) prevent the transfer, despite reasonable precautions we have taken
  • If we have terminated our Agreement with you
  • When your ATM Card or Debit Card has been reported lost or stolen or we have reason to believe that something is wrong with a transaction
  • If we receive inaccurate or incomplete information needed to complete a transaction
  • In the case of preauthorized transfers, we will not be liable where there is a breakdown of the system which would normally handle the transfer
  • If the funds in the account are subject to legal process preventing a transfer to or from your account
  • If the electronic terminal does not have enough cash to complete the transaction

There may be other exceptions as provided by applicable law.

 

 

HOW TO CONTACT US

In writing
Telebank
For general inquiries, errors
and questions about EFT transactions and statements,
or to report a lost or stolen
ATM Card or Debit Card 

Online Banking Customer Service
Online

Barrington Bank & Trust Company, N.A.

201 S. Hough St

Barrington, IL 60010

866-721-2369      

847-842-4500

866-268-5094

www.barringtonbank.com

Beverly Bank & Trust Company N.A.

10258 S. Western Ave

Chicago, IL 60643

866-444-8771

773-239-2265

888-886-6042

www.thebeverlybank.com

Crystal Lake Bank & Trust Company, N.A.

70 N. Williams St.

Crystal Lake, IL 60014

866-721-2461

815-479-5200

800-436-2922

www.crystallakebank.com

Hinsdale Bank & Trust Company

25 E. First Street

Hinsdale, IL 60521

866-721-2441

630-323-4404

866-224-2859

www.hinsdalebank.com

Lake Forest Bank & Trust Company, N.A.

727 North Bank Lane

Lake Forest, IL 60045

866-721-2467

847-234-2882

877-580-0244

www.lakeforestbank.com

Libertyville Bank & Trust Company, N.A.

1200 S. Milwaukee Ave

Libertyville, IL 60048

866-721-2328

847-367-6800

866-564-7330

www.libertyvillebank.com

Northbrook Bank & Trust Company, N.A.

P.O. Box 2549

Northbrook, IL 60065-2549

866-721-2463

847-418-2800

877-243-7361

www.northbrookbank.com

Old Plank Trail Community Bank, N.A.

20012 Wolf Road

Mokena, IL 60448

800-747-8142

708-478-4447

877-810-2324

www.oldplanktrailbank.com

Schaumburg Bank & Trust Company, N.A.

EFT Dept., P.O. Box 70

Bloomingdale, IL 60108-0070

877-615-8735

847-969-1200

877-386-3344

www.bankschaumburg.com

St. Charles Bank & Trust Company

411 W. Main St.

St. Charles, IL 60174

866-826-7147

630-377-9500

866-792-2099

www.bankstcharles.com

State Bank of the Lakes, N.A.

440 Lake St.

Antioch, IL 60002

866-721-2370

847-395-2700

888-249-7563

www.sbotl.com

Town Bank, N.A.

850 W. North Shore Dr.

Hartland, WI 53029

877-646-9003

800-433-3076

800-524-7940

www.townbank.us

Village Bank & Trust, N.A.

234 West Northwest Highway

Arlington Heights, IL 60004

877-472-9234

847-670-1000

877-650-9907

www.bankatvillage.com

Wheaton Bank & Trust Company, N.A.

100 N. Wheaton Avenue

Wheaton, IL 60187

866-721-2443

630-690-1800

888-671-3221

www.wheatonbank.com

Wintrust Bank, N.A.

P.O. Box 926

Wilmette, IL 60091

866-721-2455

312-291-2900

877-650-9905

www.wintrustbank.com