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Cape Bank
Cash/Check Card Agreement
Terms and Conditions
Please Read Carefully


The undersigned ("I"), in consideration of Cape Bank ("you" or "your") issuing to me a Cash/Check Card ("access card"), hereby agrees to be legally bound by the following terms and conditions. Cape Bank will issue to me a Cash/Check Card for use subject to the terms of this Agreement and the Electronic Funds Transfer Act (Regulation E), all as amended from time to time.
  1. Accounts and Uses of CASH/CHECK CARD. I have the account(s) including such checking and/or savings account(s) with you set forth on my application form. I hereby request that you issue to me one access card to be used in connection with such account(s) as described in this Agreement.

    I understand I may use the access card at a Plus® automated teller machine (ATM) to (1) withdraw cash from my account(s), (2) effect transfers to or from my account(s), or (3) receive information regarding the balance in my account(s). I understand that I may make deposits and certain payments only at ATMs owned by Cape Bank. Also, I understand that only my primary checking and/or savings account(s) can be accessed at ATMs not owned by Cape Bank. If my application is for a Check Card, I may make purchases at any merchant who accepts VISA®.

    I may also use automated teller machines throughout the United States and in certain foreign countries which bear the Plus® name and logo to (1) make withdrawals from, (2) effect transfers to or from, or (3) receive information regarding the balance in my checking and/or savings account(s) that are designated as the primary account of each such type on my application form.

    I further understand that I may use the access card at any retail establishment ("Merchant") where access cards are accepted to purchase goods and services and/or to obtain cash where permitted by the Merchant ("Purchase"). If I use the access card to make a Purchase, I shall be requesting you to withdraw funds in the amount of such Purchase (including any cash received from the Merchant) from my primary checking account designated on my application form and directing or ordering you to pay such funds to the Merchant. I agree that you may hold funds representing purchases authorized until posted to my account(s).

    I agree not to use the Cash/Check Card to engage in activities deemed illegal by federal and/or state laws, including but not limited to Internet gambling. If I use the Cash/Check Card to engage in certain activities deemed illegal by federal and/or state laws, I will nevertheless be liable for any resulting transaction(s) made by the use of the Cash/Check Card.

    I request that you provide to me such other services or access to other ATM systems or networks using the access card which you make available and which you may advise me are offered in connection with my account(s) set forth on my application form. I also understand that from time to time I may request in writing that you provide access to additional accounts of mine through the access card you have issued to me. I agree that the uses of the access card described in the Agreement shall be subject to the rules and regulations for each account which is accessed by such card.


  2. Use of Personal Identification Number ("PIN") with CASH/CHECK CARD. I understand that an ATM is an automated teller. It can and will perform many of the same tasks as a human teller. I acknowledge that the Personal Identification Number or "PIN" which I use with the access card is my signature, identifies the bearer of the card to the ATM network and authenticates and validates the directions given just as my actual signature and other proof identify me and authenticate and validate my directions to a human teller. I also understand that a Merchant which accepts the access card for a Purchase transaction may have an electronic terminal (Merchant operated or self service) which requires the use of my "PIN" and when my "PIN" is used at a Merchant's terminal, it will authenticate and validate the directions given just as my actual signature will authenticate and validate my directions given to you. I acknowledge that my "PIN" is an identification code that is personal and confidential and that the use of the "PIN" with the access card is a security method by which you are helping me to maintain the security of my account(s). Therefore, I AGREE TO TAKE ALL REASONABLE PRECAUTIONS THAT NO ONE ELSE LEARNS MY "PIN".


  3. Currency Conversion. I understand that when I use the Visa-branded Check Card at a merchant that settles in currency other than US dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either: (1) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives or (2) the government-mandated rate in effect for the applicable central processing date. In each instance, plus or minus any adjustment determined by Cape Bank.


  4. Liability for Unauthorized Transactions. I agree to contact you at once if I believe the access card issued to me or my "PIN" has been lost or stolen or money is missing from my account(s). I also agree that if my monthly statement shows transactions which I did not make, and I do not contact you within 60 days after the statement was mailed to me, I may not get back any money lost after that time. I AGREE THAT IF I GIVE MY ACCESS CARD AND/OR "PIN" TO SOMEONE ELSE TO USE, I AM AUTHORIZING THEM TO ACT ON MY BEHALF AND I WILL BE RESPONSIBLE FOR ANY USE OF THE CARD BY THEM.


  5. How to contact Cape Bank. I agree to contact Cape Bank immediately, if I believe the access card issued to me or my "PIN" has been lost or stolen or that an unauthorized transfer or purchase from any of my accounts has occurred or might occur, by phoning, and by confirming such information in writing to you at:

    Cape Bank
    225 North Main Street
    Cape May Court House, NJ 08210
    Telephone: 609-465-5600
    1-800-858-BANK
    Bank By Phone:
    609-399-9500
    Lost or Stolen Hotline:
    1-800-472-3272


  6. Charges. I agree to pay the charges or transaction fees which are charged by you for these services or for services which may later be offered as such fees or charges may be imposed or changed from time to time.


  7. Deposits and Payments. I agree that when I make a deposit or a payment at your ATM that you have the right to verify the deposit or payment before you make the money available to me. If I deliver cash, checks or other items to your ATM, I understand and acknowledge that the funds from my deposit may not be available for immediate withdrawal and that the availability of my deposit shall depend on your rules and regulations regarding the particular account in which I am making a deposit and the items that I am depositing. I also recognize that deposits and payments may only be made at an ATM owned and operated by you.


  8. Liability. I agree that if I make deposits or payments to my account(s) with items other than cash (checks, drafts or other items) and you make funds available from such deposits prior to their collection, I agree that you may deduct the amounts of such funds from my account(s) which are not collected or, if the funds in my account(s) are insufficient at such time, I will promptly pay to you any amount of such funds which are not collected.


  9. Amendment of this Agreement. I agree that from time to time you may amend or change the terms of this Agreement including amendments or changes to add further access card services or to amend or change the charges for these services. You may do so by notifying me in writing of such amendments or changes and my use of the access card after the effective date of any such amendment or change shall constitute my acceptance of and agreement to such amendment or change.


  10. Ownership. I agree that the access card is your property and may be revoked or canceled without notice and for any reason. I agree to surrender it to you upon your request. I agree that the access card is non-transferable. I may cancel the access card by notifying you in writing and physically surrendering the Cash/Check Card.


Revised 01/2008
Digital Insight, an Intuit company