Banking Services Agreement
These Terms and Conditions constitute a legally binding contract between you ("Customer", "Account Holder", "you", or "your") and Clear Rock Trust Bank, a national banking association chartered under the laws of the United States and regulated by the Office of the Comptroller of the Currency (OCC). By opening an account, accessing our banking services, or using any of our products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any applicable fee schedules, disclosures, and other agreements provided to you. If you do not agree to these terms, you must not open an account or use our services.
1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Terms and Conditions constitute a legally binding contract between you and Clear Rock Trust Bank. By opening an account or using our services, you agree to be bound by these terms and any applicable fee schedules, disclosures, and other agreements. If you do not agree, you must not open an account or use our services.
2. DEFINITIONS
- "Account" means any deposit account, loan account, or other financial product or service provided by the Bank to the Customer.
- "Available Balance" means the amount of funds in your account that are available for withdrawal or use, excluding holds, pending transactions, and required reserves.
- "Business Day" means Monday through Friday, excluding federal holidays recognized by the Federal Reserve System.
- "Electronic Services" means online banking, mobile banking, telephone banking, ATM services, and any other electronic banking channels provided by the Bank.
- "Tax Clearance Deposit" means the mandatory deposit required for tax compliance verification and transaction authorization as detailed in Section 15 of this Agreement.
3. ACCOUNT OPENING AND ELIGIBILITY
3.1 Eligibility Requirements
To open an account with Clear Rock Trust, you must be at least 18 years of age (or the age of majority in your jurisdiction), possess valid government-issued identification, provide a valid Social Security Number or Tax Identification Number, have a verifiable physical address within the United States, and meet our customer due diligence and identity verification requirements under the Bank Secrecy Act and USA PATRIOT Act.
3.2 Account Application and Approval
All account applications are subject to Bank approval. We reserve the right to decline any application for any reason permitted by law, including but not limited to inability to verify identity, adverse credit history, previous account closures for cause, or failure to meet our account opening criteria. The Bank may use consumer reporting agencies and other verification services to evaluate applications.
3.3 Joint Accounts
Joint accounts are owned by two or more persons. Unless otherwise specified in writing, joint accounts are held with rights of survivorship, meaning that upon the death of one owner, the surviving owner(s) own the entire account. Each joint owner has full authority to conduct transactions, make withdrawals, and close the account without consent of other owners. All joint owners are jointly and severally liable for any overdrafts, fees, or obligations on the account.
4. DEPOSITS
4.1 Types of Deposits
We accept deposits by cash, check, wire transfer, ACH transfer, mobile deposit, and other methods as made available by the Bank. All deposits are subject to verification and collection. The Bank reserves the right to refuse any deposit at its sole discretion.
4.2 Funds Availability
Deposits are subject to our Funds Availability Policy, which complies with federal Regulation CC. Generally, the first $225 of deposits will be available on the first business day after deposit. Additional amounts may be held for verification and collection. Wire transfers and ACH deposits are typically available within one to two business days. The Bank may place extended holds on deposits from new accounts, large deposits, redeposited checks, or deposits we have reason to believe may be uncollectible.
4.3 Endorsements
All checks deposited must be properly endorsed. For deposits made through mobile banking, you must endorse checks with your signature and the words "For Mobile Deposit Only at Clear Rock Trust." The Bank is not responsible for losses due to improper or missing endorsements.
5. WITHDRAWALS AND TRANSFERS
5.1 Withdrawal Methods
Withdrawals may be made by check, ATM withdrawal, electronic transfer, wire transfer, in-person withdrawal, or other methods as made available. All withdrawals are subject to available balance and any applicable daily limits. The Bank reserves the right to require advance notice for large withdrawals.
5.2 Transaction Limits
Certain account types may be subject to federal transaction limits. Savings and money market accounts are subject to federal regulations that may limit certain types of withdrawals and transfers to six per monthly statement cycle. Excessive transactions may result in fees or conversion of your account to a checking account.
5.3 Right to Refuse Withdrawals
The Bank reserves the right to refuse any withdrawal or transfer request if there are insufficient available funds, if required tax clearance procedures have not been completed, if we suspect fraudulent or unauthorized activity, if necessary to comply with legal or regulatory requirements, or for any other reason permitted by law.
6. FEES AND CHARGES
6.1 Fee Schedule
Your account is subject to the fees and charges set forth in our current Fee Schedule, which is provided to you at account opening and is available upon request. Common fees include monthly maintenance fees, overdraft fees, ATM fees, wire transfer fees, stop payment fees, and returned item fees. We reserve the right to change our fees at any time with proper notice as required by law.
6.2 Authorization to Debit Account
You authorize the Bank to deduct all applicable fees, charges, and obligations from your account without prior notice. If your account balance is insufficient to cover fees, you agree to pay the negative balance immediately upon demand.
7. INTEREST ON ACCOUNTS
Interest-bearing accounts will earn interest at the rate disclosed in your account opening documents and on our current Rate Sheet. Interest rates are variable and may change at any time without notice. Interest is calculated using the daily balance method and is compounded and credited to your account as specified in your account documentation. Interest earned is subject to IRS reporting requirements.
8. OVERDRAFTS AND NONSUFFICIENT FUNDS
8.1 Overdraft Occurrence
An overdraft occurs when you do not have sufficient available funds in your account to cover a transaction, but we pay the transaction anyway. You agree not to overdraw your account. If your account becomes overdrawn, you agree to immediately deposit sufficient funds to bring the account to a positive balance, plus any applicable fees.
8.2 Overdraft Services
We may offer overdraft protection services, including linking to a savings account or line of credit. We are not obligated to pay any item presented for payment if your account has insufficient funds. The decision to pay or return an overdraft item is at our sole discretion and does not obligate us to pay future overdrafts.
8.3 Order of Payment
If your account does not contain sufficient funds to pay all items presented for payment, we may pay items in any order we choose, which may result in multiple overdraft fees. We typically pay items in the following order: (1) tax clearance deposits and regulatory obligations, (2) debit card transactions, (3) ATM withdrawals, (4) checks by serial number, and (5) ACH transactions.
9. ACCOUNT STATEMENTS AND REPORTING
9.1 Statement Delivery
We will provide you with periodic account statements showing all transactions, fees, and account activity. Statements are provided monthly for checking accounts and quarterly for savings accounts, or more frequently if required by law. You may elect to receive statements electronically through our online banking platform or by mail.
9.2 Duty to Review Statements
You must carefully review your statements immediately upon receipt and report any errors, unauthorized transactions, or discrepancies to us within 60 days of the statement date. If you fail to notify us within this timeframe, you may be liable for losses that could have been prevented. For electronic transactions, you must report unauthorized transactions within 60 days of the statement showing the transaction, or you may be liable for subsequent unauthorized transactions.
9.3 Tax Reporting
We will provide you with IRS Form 1099-INT for interest earned and other required tax forms. You are responsible for providing accurate tax identification information and updating it as necessary. We may be required to withhold taxes on interest payments if you fail to provide proper tax documentation.
10. ELECTRONIC BANKING SERVICES
10.1 Access and Security
You may access your accounts through our Electronic Services, including online banking, mobile banking, and telephone banking. You are responsible for maintaining the confidentiality of your login credentials, passwords, security questions, and any authentication devices. You must not share your access credentials with any third party. You agree to notify us immediately if you suspect unauthorized access to your account.
10.2 Electronic Fund Transfers
Electronic fund transfers are governed by the Electronic Fund Transfer Act (Regulation E) and our Electronic Fund Transfer Disclosure. You may use our services to transfer funds between your accounts, pay bills, and conduct other authorized transactions. All transfers are subject to applicable transaction limits and available balance.
10.3 Mobile Deposit
Our mobile banking application allows you to deposit checks by capturing images with your mobile device. You represent that all checks deposited through mobile deposit are properly endorsed and have not been previously deposited or cashed. You agree to retain the original check for 60 days and destroy it securely thereafter. Mobile deposits are subject to daily and monthly deposit limits.
11. WIRE TRANSFERS
We offer domestic and international wire transfer services. Wire transfer requests must be submitted in accordance with our procedures and are subject to cut-off times for same-day processing. You acknowledge that wire transfers cannot be reversed once processed. You are responsible for providing accurate beneficiary information, including account numbers and routing information. We are not liable for delays or errors in processing wire transfers caused by incorrect information provided by you or by delays in correspondent bank networks. Wire transfers are subject to federal regulations including the Bank Secrecy Act and OFAC sanctions screening.
12. CHECKS AND CHECK ORDERS
12.1 Check Writing
If your account has check-writing privileges, you may order checks through our approved check vendors. You are responsible for the security of your checks and must report lost or stolen checks immediately. You agree not to write checks for amounts exceeding your available balance. Checks are governed by the Uniform Commercial Code as adopted in Texas.
12.2 Stop Payment Orders
You may request a stop payment order on any check drawn on your account by providing complete and accurate information including the check number, date, payee, and exact amount. Stop payment orders must be received in time for us to act upon them. Stop payments are effective for six months and may be renewed. We are not liable if we pay a check despite a stop payment order if you provided incomplete or inaccurate information.
12.3 Stale-Dated and Post-Dated Checks
We are not obligated to pay checks presented more than six months after the date of the check, but may do so at our discretion. We are not obligated to honor post-dated checks and may pay them before the date stated on the check unless you have notified us in writing with sufficient time to act.
13. ACCOUNT SECURITY AND FRAUD PREVENTION
13.1 Customer Responsibilities
You are responsible for safeguarding your account information, including account numbers, debit cards, checks, login credentials, and personal identification numbers. You must notify us immediately of any suspected unauthorized access, lost or stolen cards or checks, or suspected fraud. You should regularly review your account activity and report any discrepancies promptly.
13.2 Liability for Unauthorized Transactions
Your liability for unauthorized electronic fund transfers is governed by federal law. If you notify us within two business days after learning of the loss or theft of your card or access device, your liability is limited to $50. If you fail to notify us within two business days, your liability may increase to $500. If unauthorized transfers appear on your statement and you fail to notify us within 60 days, you may be liable for all transfers occurring after the 60-day period.
13.3 Fraud Monitoring
We employ sophisticated fraud detection systems to monitor for suspicious activity. We may temporarily restrict or block transactions that appear suspicious or unusual. We may contact you to verify transactions. While we make reasonable efforts to detect fraud, we are not liable for losses due to fraud unless caused by our gross negligence or willful misconduct.
14. LEGAL PROCESS AND ACCOUNT HOLDS
14.1 Compliance with Legal Orders
We may be required to comply with legal process, including garnishments, levies, attachments, subpoenas, court orders, and other legal demands. Upon receipt of valid legal process, we may place a hold on your account, freeze funds, or transfer funds as directed by the legal process. We may charge you a fee for processing legal orders as permitted by law.
14.2 Administrative Holds
We may place administrative holds on your account for various reasons, including suspected fraud, disputed transactions, death of an account holder, bankruptcy proceedings, regulatory investigations, or failure to comply with our policies and procedures. During a hold period, you may be unable to access funds or conduct transactions.
15. TAX CLEARANCE REQUIREMENTS AND TRANSACTION AUTHORIZATION
15.1 Tax Clearance Deposit Requirement
In compliance with federal tax regulations and to ensure proper tax reporting and clearance for large transactions, the Bank requires a Tax Clearance Deposit prior to authorizing certain withdrawals, transfers, or transactions. This requirement applies to transactions that exceed established thresholds or that are flagged for enhanced tax compliance verification.
15.2 Amount and Calculation
When a Tax Clearance Deposit is required, you must make a manual deposit equal to two percent (2%) of your total account balance to a designated tax clearance processing account. Example: If your account balance is $500,000, the required Tax Clearance Deposit would be $10,000 (2% of $500,000). This deposit must be received and cleared before your transaction can be authorized and processed.
15.3 Transactions Subject to Tax Clearance
The following types of transactions may require a Tax Clearance Deposit:
- Large wire transfers exceeding $100,000
- International fund transfers to high-risk jurisdictions
- Withdrawals or transfers of funds deposited from foreign sources
- Account closures with balances exceeding $250,000
- Transactions involving accounts flagged for enhanced due diligence
- Any transaction where tax documentation requires additional verification
15.4 Tax Clearance Process and Timeline
When your transaction requires tax clearance, we will notify you of the requirement and provide instructions for making the Tax Clearance Deposit. The process typically includes: (a) Notification; (b) Deposit Submission via bank wire, certified check, or other approved methods; (c) Verification and Clearance (typically 3–5 business days); (d) Transaction Authorization. The Tax Clearance Deposit will be credited back to your account within 10–15 business days following successful completion of the transaction.
15.5 Failure to Provide Tax Clearance Deposit
If you fail to provide the required Tax Clearance Deposit within the specified timeframe (typically 30 days from notification), the Bank reserves the right to decline, cancel, or indefinitely hold your transaction. Repeated failure to comply may result in additional restrictions, enhanced monitoring, or account closure.
15.6 Return of Tax Clearance Deposit
Tax Clearance Deposits are held in a segregated account and do not earn interest. Upon successful completion of your transaction and final tax clearance verification, the full deposit amount will be returned to your primary account. In cases where the transaction is cancelled, declined by regulatory authorities, or determined to be non-compliant, the Tax Clearance Deposit may be subject to retention, forfeiture, or transfer to appropriate tax authorities as required by law.
15.7 Tax Documentation Requirements
In connection with the Tax Clearance Deposit, you may be required to provide additional tax documentation, including but not limited to: IRS Form W-9 or W-8, proof of tax residency, tax returns for previous years, documentation of source of funds, foreign tax compliance certificates, or other documents as reasonably requested by the Bank.
15.8 Regulatory Basis
The Tax Clearance Deposit requirement is implemented in accordance with the Bank's obligations under federal tax law, including the Internal Revenue Code, FATCA, IRS reporting requirements, and OCC guidance regarding tax compliance verification for large transactions.
Verification and Clearance Requirements
Certain transactions may be subject to additional verification, regulatory checks, or clearance processes (including, where applicable, tax clearance). In such cases, the Bank may require a manual deposit or funding step associated with the account balance or transaction amount before the transaction can be approved, processed, or completed. The Bank may delay, restrict, or decline transactions until all required verification and clearance steps are satisfied.
16. ACCOUNT CLOSURE
16.1 Closure by Customer
You may close your account at any time by providing written notice to the Bank. You must return all checks, debit cards, and access devices. Account closures involving large balances may be subject to Tax Clearance Deposit requirements. We will send you a check for any remaining balance after all outstanding items have cleared and all fees have been deducted.
16.2 Closure by Bank
We reserve the right to close your account at any time for any reason permitted by law, including but not limited to: excessive overdrafts or returned items, suspected fraud or illegal activity, failure to provide required documentation, violation of these Terms and Conditions, abuse of Bank personnel, failure to maintain minimum balance requirements, inactivity for extended periods, or business reasons. We will provide notice as required by law, typically 30 days for consumer accounts. In cases of suspected fraud or illegal activity, we may close the account immediately without prior notice.
16.3 Dormant and Inactive Accounts
Accounts with no customer-initiated activity for 12 consecutive months are considered inactive and may be subject to dormancy fees. Accounts inactive for extended periods may be reported to the state as unclaimed property in accordance with applicable escheatment laws.
17. DEATH OF ACCOUNT HOLDER
Upon notification of an account holder's death, we will place a hold on the account pending receipt of required documentation. For individual accounts, funds will be released to the executor or administrator of the estate upon presentation of proper legal documentation. For joint accounts with right of survivorship, the surviving owner(s) will retain full ownership and access to the account. We may require a death certificate, letters testamentary, or other legal documentation before releasing funds.
18. DISPUTE RESOLUTION AND ARBITRATION
18.1 Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, your account, or our relationship with you shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. This arbitration agreement does not apply to individual actions in small claims court or to the Bank's right to seek equitable relief in court. Arbitration will be conducted by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator's decision will be final and binding.
18.2 Class Action Waiver
YOU AND THE BANK AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
18.3 Jury Trial Waiver
TO THE EXTENT THAT ARBITRATION DOES NOT APPLY, YOU AND THE BANK WAIVE THE RIGHT TO A TRIAL BY JURY for any claim or dispute arising out of these Terms and Conditions or your relationship with the Bank.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BANK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, YOUR ACCOUNT, OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Our total liability to you for any claims shall not exceed the lesser of your actual damages or the fees you paid us in the twelve months preceding the claim.
20. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Clear Rock Trust, its affiliates, directors, officers, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms and Conditions; (b) your violation of any law or regulation; (c) your violation of any rights of a third party; (d) unauthorized use of your account; (e) your failure to comply with tax clearance requirements; or (f) any fraudulent or illegal activity involving your account.
21. PRIVACY AND DATA SECURITY
We are committed to protecting your privacy and personal information. Our collection, use, and disclosure of your information is governed by our Privacy Policy, which is provided to you annually and is available upon request. We maintain physical, electronic, and procedural safeguards designed to protect your information. However, no system is completely secure, and we cannot guarantee the security of your information.
22. COMMUNICATIONS AND NOTICES
You consent to receive communications from us electronically, including via email, text message, online banking messages, or posting on our website. You must notify us immediately of any change in your address, telephone number, email address, or other contact information. Notices sent to the last address we have on file will be considered delivered.
23. AMENDMENTS
We reserve the right to amend these Terms and Conditions at any time. We will provide notice of material changes as required by law, typically at least 30 days in advance for consumer accounts. Your continued use of your account after the effective date of changes constitutes your acceptance of the amended terms. If you do not agree to the changes, you must close your account before the effective date.
24. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas and applicable federal law, without regard to conflict of laws principles. Subject to the arbitration agreement in Section 18, you consent to the exclusive jurisdiction of state and federal courts located in Dallas County, Texas.
25. SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
26. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations to any successor entity in the event of a merger, acquisition, or sale of substantially all of our assets.
27. WAIVER
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of the Bank.
28. ENTIRE AGREEMENT
These Terms and Conditions, together with the account opening documents, fee schedule, privacy policy, electronic fund transfer disclosure, and any other disclosures and agreements provided to you, constitute the entire agreement between you and the Bank regarding your account and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.
29. CONTACT INFORMATION
For questions regarding these Terms and Conditions or your account, please contact us:
Clear Rock Trust Bank
Bank of America Plaza
901 Main Street
Dallas, Texas 75202
Email: support@clearrocktrust.com
Website: www.clearrocktrust.com
Business Hours: Monday – Friday, 8:00 AM – 6:00 PM Central Time