We are happy that you have chosen to Fund a Healthy Future with a Health Savings Account (HSA) provided by
Fifth Third Bank. For your convenience, account enrollment can be accommodated by completing the paper
enrollment form contained within the enrollment packet. Prior to beginning your enrollment, please have the
following information available:
Name of your health insurance company and plan start date
Plan deductible amount and plan type (individual or family)
When adding beneficiaries, their names, addresses, Social Security numbers and date of birth
If adding dependents, the last four digits of their Social Security numbers and date of birth
Once the paper enrollment form is completed in its entirety, please fax to:
Fifth Third Bank HSA Support Center at 866-635-7177 or
Mail the completed paper enrollment form to:
Fifth Third Bank HSA Support
Attn: HSA Applications
8500 Governor’s Hill Drive
Symmes Township, OH 45249
Important account documentation is Included within the enrollment packet. Please retain this documentation in
the event you may need to reference in the future:
HSA Enrollment Form
HSA Fee Schedule
HSA Interest Rates
HSA Custodial Agreement
Fifth Third Bank Terms and Conditions
Fifth Third Bank Electronic Disclosure
Fifth Third Bank Privacy Policy
Fifth Third Bank Rules and Regulations
If you have any questions regarding the information provided within the enrollment packet, please contact the
Fifth Third Bank HSA Support Center. The HSA Support Center is available as your resource for HSA-related
questions and for assistance with your account. The HSA Support Center can be reached at (888) 350-5353
Monday – Friday 7:00 AM – Midnight EST and Saturday 8:00 AM – 5:00 PM EST.
Thank you for choosing the Fifth Third Bank HSA!
Fifth Third and Fifth Third Bank are registered service marks of Fifth Third Bancorp. Member FDIC.
Equal Housing Lender.
HSA ENROLLMENT FORM
Instructions
1. Complete entire form in order to open a Fifth Third Bank Health Savings Account.
2. Fax completed form to the Fifth Third Bank HSA Support Center at 866-635-7177 or
3. Mail completed form to Fifth Third Bank HSA Support Center, Attn: HSA Applications, 8500 Governor’s Hill Drive, Symmes Township, OH 45249.
4. If you have any questions regarding this form, please contact the Fifth Third Bank HSA Support Center at 1-888-350-5353.
Account Holder Information
________________________________________________________________________________________________________________________
Last Name
First Name
Middle Initial
________________________________________________________________________________________________________________________
Social Security Number
Date of Birth
________________________________________________________________________________________________________________________
Mother’s Maiden Name
Marital Status (Single / Married)
Gender (M / F)
________________________________________________________________________________________________________________________
Telephone Number E-mail Address
________________________________________________________________________________________________________________________
Street Address (cannot be a PO Box)
________________________________________________________________________________________________________________________
City
State Zip Code
Employer Information
________________________________________________________________________________________________________________________
Employer Name
Division
________________________________________________________________________________________________________________________
Hire Date
Employee ID
Insurance Information
To open an HSA, you are required to meet the following criteria:
• Must be covered under a qualified HDHP
• Cannot be:
— Claimed as a dependent on someone else’s tax return
— Enrolled in Medicare – but mere eligibility does not disqualify
— Covered under another non-HDHP unless it’s “permitted insurance” (dental, vision, AFLAC)
________________________________________________________________________________________________________________________
Insurance Company Name
Plan Start Date
Deductible Amount
HDHP Coverage Level  Self Only  Family/Other
Authorized Signer(s) Information
Regulations require that only one individual can own an HSA account. The account holder may want his/her spouse or a third party through an Authorized User to use a
debit card and/or write checks. Please complete the section below if you wish to grant an Authorized User this authority.
________________________________________________________________________________________________________________________
Last Name
First Name
Middle Initial
________________________________________________________________________________________________________________________
Social Security Number
Date of Birth
________________________________________________________________________________________________________________________
Mother’s Maiden Name
Marital Status (Single / Married)
Gender (M / F)
________________________________________________________________________________________________________________________
Telephone Number E-mail Address
________________________________________________________________________________________________________________________
Street Address (cannot be a PO Box)
________________________________________________________________________________________________________________________
City
State Zip Code
Debit Card Information
Note: You may request a debit card for yourself, for an authorized signer, and/or for Dependent(s). A total of two (2) debit cards are available at no charge for each
HSA. There is a charge of $10.00 for each additional card after the first two (2). Debit card holders must be at least 18 years of age.
Would you like to receive a free HSA Debit MasterCard® for your account?  Yes  No
Would you like a free Debit MasterCard® issued to your Authorized Signer listed above (if applicable)?  Yes  No
Direct Deposit Setup Information — optional
Complete the information below to link a bank account to your HSA. The account can be used to make electronic contributions to your HSA or to receive electronic
withdrawals from your HSA. After linking a bank account, you will be required to verify a deposit to the linked account in the amount of $0.01 – 0.99, and enter the
deposit amount upon login to your HSA.
________________________________________________________________________________________________________________________
Financial Institution Name
________________________________________________________________________________________________________________________
Financial Institution Street Address
________________________________________________________________________________________________________________________
City
Account Type:
State
Zip Code
 Checking  Savings
______________________________________
Routing Number
______________________________________
Account Number
Routing #
Beneficiary Designation Information
Account #
The following individual(s) or entity shall be my primary and/or contingent death beneficiary(ies). If neither primary nor contingent is indicated, the individual or entity
will be deemed to be a primary death beneficiary. If more than one primary death beneficiary is designated, the death beneficiaries will be deemed to own equal share
percentages in the HSA. Multiple contingent death beneficiaries will also be deemed to share equally.
If any primary or contingent death beneficiary dies before I do, his or her interest and the interest of his or her heirs shall terminate completely, and the percentage
share of any remaining death beneficiary(ies) shall be increased on a pro rata basis. If no primary death beneficiary(ies) survives me, the contingent death
beneficiary(ies) shall acquire the designated share of my HSA.
If no Beneficiary is named, or if all Beneficiaries pre-decease the owner, the HSA funds will be paid to the estate.
No.
Name and Address
Date of Birth
Social Security
Number
1.
Primary or
Contingent
Relationship
 Primary
 Spouse
 Contingent
 Dependent
Share %
 Other
2.
 Primary
 Spouse
 Contingent
 Dependent
 Other
3.
 Primary
 Spouse
 Contingent
 Dependent
 Other
Spousal Consent
This section should be reviewed if either the trust or the residence of the HSA Account Beneficiary is located in a community or marital property state (Arizona,
California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) and the HSA Account Beneficiary is married. Due to the important tax
consequences of giving up one’s community property interest, individuals signing this section should consult with a competent tax or legal advisor.
 I am not married and I understand that if I become married in the future, I must complete a new HSA Designation of Death Beneficiary form.
 I am married and I understand that if I choose to designate a primary death beneficiary other than my spouse, my spouse must sign below
I am the spouse of the above-named HSA Account Beneficiary. I acknowledge that I have received a fair and reasonable disclosure of my spouse’s
property and financial obligations. Due to the important tax consequences of giving up my interest in this HSA, I have been advised to see a tax
professional. I hereby give the HSA Account Beneficiary any interest I have in the funds or property deposited in this HSA and consent to the death beneficiary
designation(s) indicated above. I assume full responsibility for any adverse consequences that may result. No tax or legal advice was given to me
by the Custodian.
________________________________________________________________________________________________________________________
Signature of Spouse
Date
Signature of Witness
Date
Dependent Information
If you have family coverage, please complete the following information regarding dependents that are covered by your health plan.
________________________________________________________________________________________________________________________
Last Name
First Name
Middle Initial
________________________________________________________________________________________________________________________
Social Security Number
Date of Birth
________________________________________________________________________________________________________________________
Street Address
________________________________________________________________________________________________________________________
City
State Zip Code
________________________________________________________________________________________________________________________
Dependent’s Relationship to HSA Account Holder Order Debit Card:  Yes  No
________________________________________________________________________________________________________________________
Last Name
First Name
Middle Initial
________________________________________________________________________________________________________________________
Social Security Number
Date of Birth
________________________________________________________________________________________________________________________
Street Address
________________________________________________________________________________________________________________________
City
State Zip Code
________________________________________________________________________________________________________________________
Dependent’s Relationship to HSA Account Holder Order Debit Card:  Yes  No
________________________________________________________________________________________________________________________
Last Name
First Name
Middle Initial
________________________________________________________________________________________________________________________
Social Security Number
Date of Birth
________________________________________________________________________________________________________________________
Street Address
________________________________________________________________________________________________________________________
City
State Zip Code
________________________________________________________________________________________________________________________
Dependent’s Relationship to HSA Account Holder Order Debit Card:  Yes  No
IMPORTANT: Please Read Before Signing
I understand the eligibility requirements for the type of HSA deposits that I will be making and I state that I qualify to make deposits in my Fifth Third HSA Checking Account. I understand that the terms and conditions, which apply to the Fifth Third HSA Checking Account, are
contained in the Disclosure Statement, Fifth Third Bank Rules and Regulations, and HSA Custodial Agreement. I understand electronic copies of
these documents can be located online within my HSA.
I understand that I assume sole responsibility for how this individual (“Authorized User”) utilizes my HSA Account. By signing below, the
Authorized User acknowledges and agrees that they are able to act on behalf of the HSA account holder only. Access to other accounts of the
HSA account holder will not be granted. Signature of Authorized User is required on the last page of this application.
I have read, understand, and agree with the terms and conditions of the Health Saving Custodial Agreement. I acknowledge that I received a
copy of the Health Saving Custodial Agreement with my enrollment materials. I may obtain an additional copy of my Health Saving Custodial
Agreement by calling 888-350-5353 or visiting www.53hsa.com. I understand and agree by using my health care saving account, I agree to be
bound by the terms and conditions of the Health Saving Custodial Agreement. I ASSUME COMPLETE RESPONSIBILITY FOR:
1. Determining that I am eligible for an HSA each year I make any contributions to my HSA. 2. Ensuring that all contributions that I make are within the limits set forth by the tax laws. 3. The tax consequences of any contributions (including rollover contributions) and distributions.
________________________________________________________________________________________________________________________
Signature of HSA Account Holder
Date
________________________________________________________________________________________________________________________
Signature of Authorized User (if entered on first page)
Date
HEALTH SAVINGS ACCOUNT (HSA) FEE SCHEDULE
The following fees apply to your Fifth Third Bank HSA. You shall pay such fees in accordance with the terms of the Health Savings Custodial
Account Agreement unless otherwise noted.
Account Basics
One-time Enrollment Fee1:
Online (Self) Enrollment
Enrollment by Employer
Paper Application Enrollment
Monthly HSA Service Fee2:
Accounts with a monthly average balance < $4000.00
Accounts with a monthly average balance > or equal to $4000.00
Minimum Deposit Required for Account Opening
ACH Transfers
$ 5.00
$ 10.00
$ 20.00
$3.00
NO CHARGE
$ 0.00
NO CHARGE
Special Fees
Check Order (50 checks)
Check Writing
Stop Payment
Overdraft
Daily Overdraft Fee3
Copy of a Check
Copy of a Monthly Statement
Returned Deposit Check or EFT
$24.99
NO CHARGE
$33.00
$33.00 per item
$8.00
$5.00 per copy
$5.00 per copy
$15.00 per item
Other Service Fees
Monthly Account Statement – Online
Monthly Account Statement – Mailed
First Two Debit Cards
Additional/Replacement Debit Cards
Non Fifth Third ATM transaction (foreign)
Account Closure4
Outgoing Rollover Fee4
NO CHARGE
NO CHARGE
NO CHARGE
$10.00 per card
Assessed by foreign institution
$25.00*
$25.00*
Investment Options
Mutual Fund Participation Monthly Service Fee5
$2.00
Fifth Third Bank may change the amount or type of any of the above fees or add additional fees at any time in accordance with the terms of the Health
Savings Custodial Account Agreement.
1
If your account is opened through an Employer-based plan then your Employer or TPA may pay your One-time Enrollment Fee. Please refer to your
Employer-provided benefits information to understand if your Employer pays this fee for you.
2
If your account is opened through an Employer-based plan then your Employer or TPA may pay your Monthly HSA Service Fee. Please refer to your
Employer-provided benefits information to understand if your Employer pays this fee for you. If your employment is terminated for any reason, you will be
responsible for payment of the Monthly HSA Service Fee which is currently $3.00. If you have a monthly average balance of $4,000.00 or more than your
$3.00 Monthly HSA Service Fee is waived.
3
Charged for each day your account is overdrawn; not charged if negative balance is eliminated within 3 business days after the day of the overdraft
occurrence.
4
Fee is charged and deducted at the time the account is closed/rolled over to another institution. Any account with no transactional activity within 180
days of account opening will automatically be closed. Any account maintaining a $0.00 balance for 16 consecutive months will automatically be closed.
*The fee will be the greater of $25.00 or the remaining balance in your account at time of closure/rollover request.
5
See individual Prospectus for fees related to each Mutual Fund available through the Fifth Third Bank HSA Investment Options. A balance of $2,000 in
the HSA Cash Account is required before investing in mutual funds. An Investment Administration Fee totaling 10 basis points annually will be assessed.
Quarterly 2.5 basis points or 0.025% of the total average investment account balance will be applied as a fee to the HSA Cash Account at the end of each
calendar quarter.
Fifth Third Bank – Health Savings Account (HSA) Interest Information
The Fifth Third Bank HSA Cash Account is a deposit account that is FDIC-insured up to the
maximum amount permitted by law and earns a competitive rate of interest. Any interest earned
on contributions to an HSA accumulates tax-free.
The interest rate earned in your HSA Cash Account will only be applicable to the cash amount in
each respective tier.
Health Savings Account (HSA) Cash Account deposits will be:
HSA Cash Account
Daily Balance
Interest Rate
Minimum Annual
Percentage Yield
(APY)
Maximum Annual
Percentage Yield
(APY)
$0.01 - $2,000
$2,000.01 and up
.25%
.40%
.25% APY
.25% APY
.25% APY
.40% APY
Interest rates effective as of December 1, 2010
The Fifth Third Health Savings Account earns interest. The interest rate and annual percentage yield may change. At the bank’s discretion, the
bank may change the interest rate and annual percentage yield at any time on your account. Your interest begins t o accrue no later than the
business day Fifth Third receives credit for the deposit of non-cash items (for example, checks). Interest on your account will be compounded
continuously and credited monthly. Fifth Third uses the daily balance method to calculate interest on your account. This method applies a daily
periodic rate to the balance in your account each day. If an account is closed before accrued interest is credited, you will not receive any
accrued interest.
Fifth Third Bank pays the stated interest rate and annual percentage yield (APY) only on that portion of the balance within the specified tier. The
Annual Percentage Yield Earned (APYE) during a statement period is an annualized rate that reflects the relationship between the daily balance
and the amount of interest actually earned on the account within the applicable tier(s).
Annual Percentage Yield accurate as of date listed in Interest Information. Rates may change after the account is opened. F ees may reduce
earnings.
No minimum balance required to open the account.
July 2012
HEALTH SAVINGS ACCOUNT CUSTODIAL AGREEMENT
The Account Owner named on the Application is establishing this health
savings account (HSA) exclusively for the purpose of paying or
reimbursing qualified medical expenses of the Account Owner, his or her
spouse, and dependents. The Custodian is Fifth Third Bank. In this
Agreement, the words “you” and “your” shall refer to the Account Owner.
The words “we”, “us” and “our” shall refer to the Custodian. You represent
that, unless this account is used solely to make rollover contributions, you
are eligible to contribute to this HSA; you: (1) are covered under a high
deductible health plan (HDHP); (2) are not also covered by any other
health plan that is not an HDHP (with certain exceptions for plans
providing preventive care and limited types of permitted insurance and
permitted coverage); (3) are not enrolled in Medicare; and (4) cannot be
claimed as a dependent on another person’s tax return. By using your
HSA checks, HSA debit card and/or accessing www.53hsa.com, you
agree to be bound by the terms and conditions of the Heath Savings
Custodial Agreement.
7. The minimum amount of money that can be moved automatically
from your Cash Account to your Investment Account or your Investment
Account to your Cash Account is $100. Accordingly:
a.
b.
c.
d.
The Account Owner and the Custodian make the following agreement:
I.
THE STRUCTURE OF YOUR HSA.
1. Your HSA is made up of two separate accounts: a “Cash Account”,
and an “Investment Account.” Contributions made into your HSA are
deposited into the Cash Account. The balance in the Cash Account is
used for fulfilling distribution requests and purchases made with a check or
debit card. Funds in the Cash Account are FDIC insured up to the amount
permitted by FDIC insurance rules.
2. Funds in the Investment Account are either held in a money market
fund and/or in mutual fund(s) as you elect. Any investments made in
money market funds and/or mutual funds are not FDIC-insured, are not
guaranteed by Fifth Third Bank and may lose value. You invest at your
own risk. To make your investments visit www.53hsa.com. For more
information on investments refer to Section VI of this Agreement.
3. For purposes of this Agreement, funds in the Cash Account and in the
Investment Account are collectively referred to as your HSA.
II.
HOW YOUR HSA WORKS.
1. Contributions made into your HSA are placed initially into your Cash
Account.
2. To activate your Investment Account, you will need to opt into the
Investment Account, enter the Cash Account Minimum Threshold, and
select your investment allocations. If you do not select your investment
allocations, funds transferred to the Investment Account will be held in the
money market fund. Your specific Cash Account Minimum Threshold
amount can be found at www.53hsa.com.
3. When the balance of your Cash Account exceeds the Cash Account
Minimum Threshold, funds in excess of that amount will be swept into the
Investment Account. The Cash Account Minimum Threshold is the
amount in the Cash Account that triggers money movement from the Cash
Account to the Investment Account or from the Investment Account to the
Cash Account, as described below.
4.
Debit cards will only access the funds available in your HSA
Cash Account. Check and online bill payment requests can
access the entire HSA balance which includes the Cash Account
and Investment Account.
5. When a distribution is requested or a purchase authorized, funds to
fulfill that request will come from your Cash Account. However, if the
balance in the Cash Account is too small to cover the distribution or
purchase, funds will sweep from the Investment Account to the Cash
Account to cover the distribution or purchase. In addition, if the balance of
your Cash Account falls below the Cash Account Threshold, funds will
move from the Investment Account to your Cash Account.
6. If funds need to be moved from your Investment Account to your
Cash Account for any reason, funds will be distributed to your Cash
Account in the same proportion as your investment holdings. Full or partial
Liquidation of your Investment Account will be done in accordance with
Section XI.
8. Funds in your Cash Account earn interest in accordance with the rate
sheet located at www.53hsa.com.
III.
CONTRIBUTIONS
1. We will accept cash contributions for the tax year made by you or on
your behalf (by an employer, family member or any other person). You
should not contribute more than the maximum amount for family coverage
plus the catch-up contribution. It is your responsibility to determine
whether contributions to the HSA have exceeded the maximum annual
contribution limit. It is your responsibility to request the withdrawal of the
excess contribution and any net income attributable to such excess
contribution.
2. Contributions for any tax year may be made at any time before the
deadline for your filing of your federal income tax return for that year
(without extensions).
3. Rollover contributions from an HSA or an Archer Medical Savings
Account (Archer MSA) (unless prohibited under this Agreement) must be
in cash and are not subject to the maximum annual contribution limits.
IV.
CONTRIBUTION LIMITS
1. There are maximum annual contribution limits for account owners
with single coverage and for account owners with family coverage. These
contribution limits generally change each year. In addition, account
owners who meet certain criteria may be able to make a catch-up
contribution. For more information on these limits, visit www.irs.gov or
www.53hsa.com.
2. Contributions to Archer MSAs or other HSAs count toward the
maximum annual contribution limit to this HSA.
3. Contributions in excess of the maximum annual contribution limit are
subject to an excise tax. However, the catch-up contributions are not subject
to an excise tax.
V.
THE FUNDS IN YOUR HSA
1. No part of the custodial funds in this account may be invested in life
insurance contracts or in collectibles as defined in section 408(m) of the
Internal Revenue Code.
2. The assets of this account may not be commingled with other
property except in a common trust fund or common investment fund.
3. Neither the Account Owner nor the Custodian will engage in any
prohibited transaction with respect to this account (such as borrowing or
pledging the account or engaging in any other prohibited transaction as
defined in section 4975).
4. Your interest in the balance in your HSA is nonforfeitable.
VI.
(7/2012)
If your Cash Account balance exceeds the Cash
Account Threshold by more than $100 for any reason,
funds in excess of the Cash Account Threshold will
sweep to your Investment Account.
If your Cash Account balance exceeds the Cash
Account Threshold by less than $100, funds will not
sweep to your Investment Account (until such time, if
any, as the balance exceeds the Cash Account
Threshold by more than $100).
If your Cash Account balance is less than the Cash
Account Threshold by more than $100, funds will
sweep from your Investment Account to your Cash
Account in an amount to bring your Cash Account
balance to the Cash Account Threshold amount.
If your Cash Account balance is less than the Cash
Account Threshold by less than $100, funds will not
sweep from your Investment Account to your Cash
Account (until such time, if any, as your balance falls
below $100 or more less than the Cash Account
Threshold)
Page 1 of 4
FUNDS IN YOUR INVESTMENT ACCOUNT
1. As discussed above, you may elect to invest funds in your Investment
Account. .. You can make this choice by visiting www.53hsa.com. HSA
investment options include shares or participations of one or more
investment companies as defined in the Investment Company Act of 1940,
as amended (such funds are often referred to as “mutual funds”). Mutual
funds made available as HSA investment options may include funds for
which we or our affiliates serve as investment advisor, custodian, and/or
distributor, and receives compensation for such services, as disclosed in
the current prospectus for such mutual fund. We may also provide
administrative, shareholder, or sub-transfer agency services, for other
mutual funds that are available as HSA investment options, and we may
receive compensation from third parties for those services, as disclosed in
the current prospectus for such mutual fund or as disclosed by us from
time to time. All dividends, including capital gain distributions, paid on
mutual fund shares shall be reinvested in full and fractional shares of the
mutual fund paying the distribution in the manner specified in the
prospectus of the mutual fund. You may invest in other investment
vehicles (for example, stocks, bonds, savings accounts or other
investment vehicles) only if we make such investments available as
investment options. Unless you make changes, your investment
allocations will remain in effect and be applied to both current and future
contributions to your account.
2. You have exclusive responsibility for and control over the investment
of the assets in your Investment Account. All transactions shall be subject
to any and all restrictions or limitations, direct or indirect, which are
imposed by our charter, articles of incorporation, or bylaws; any and all
applicable federal and state laws and regulations; the rules, regulations,
customs and usages of any exchange, market or clearing house where the
transaction is executed; our policies and practices; and this Agreement.
We shall not have discretion to direct any investment in your HSA. We do
not assume any responsibility for rendering investment advice with respect
to your HSA, nor will we offer any opinion or judgment to you on matters
concerning the value or suitability of any investment or proposed
investment for your HSA. In the absence of instructions from you, or if
your instructions are not otherwise in a form acceptable to us, we shall
have the right to hold these amounts in the money market fund of your
Investment Account, and shall have no responsibility to invest these
amounts in anything other than the money market fund of your Investment
Account unless and until directed by you. We will use our discretion to
vote proxies, consents, directions, approvals or similar matters on behalf of
the HSAs for the benefit of HSA Accountholders, in a manner that, in our
sole judgment, best serves the long term interest of the HSA
Accountholders. You will select the type of investment for your HSA
assets, provided, however, that your selection of investments shall be
limited to those types of investments that we are authorized by its charter,
articles of incorporation or bylaws to make available and does in fact make
available for investment in HSAs. We may, in our sole discretion, make
available to you, additional investment offerings, which shall be limited to
publicly traded securities, mutual funds, money market instruments and
other investments that are obtainable by us and that it is capable of
holding in the ordinary course of its business.
3. Mutual funds that are made available as HSA investment options may
change from time to time. We will provide you with reasonable advance
notice of such changes and give you the opportunity to change your
investment allocations accordingly. If a mutual fund is eliminated as an
HSA investment option and you do not instruct us to redirect your current
investment balance you hereby authorize and direct us to liquidate your
HSA funds invested in the eliminated mutual fund and transfer those funds
to the money market fund of your Investment Account. If you have also
not redirected your investment allocation as it relates to future
contributions, future contributions that would have been allocated to the
eliminated mutual fund will instead be invested in the money market fund
of your Investment Account. You may direct us to redeem any or all
(7/2012)
mutual fund shares held in your HSA and to invest the proceeds in any
other available mutual funds, subject, however, to the applicable terms and
conditions of the prospectus for each mutual fund involved.
4. You understand and acknowledge that some mutual funds (their
managers, servicing agents, advisors, distributors or other affiliates) that
may be held in the HSA may pay, directly or indirectly, as administrative
expenses of the mutual fund, pursuant to a written plan described in
Securities and Exchange Commission Rule 12b-1, or in another manner,
fees or other compensation to us or our affiliates in recognition of
shareholder services and recordkeeping services provided (“12b-1 fees”).
We will retain these 12b-1 fees. You acknowledge 12b-1 fees or other
compensation are described in the prospectus or other disclosure
materials made available to you, and that administrative and management
fees hereunder would otherwise be higher if 12b-1 fees were not payable
to us or its affiliates. The 12b-1 fees are remitted by the mutual fund
companies on a random basis during the year.
5. In addition, we will on a quarterly basis deduct a management fee
from your HSA. The amount of this management fee is disclosed to you
on our Fee Schedule.
6. Different fees and rebate structures may apply to Accountholders with
investment alternatives other than our standard investment offering.
7. Some mutual funds may charge a redemption fee. Redemption fees,
if any, will be charged to your HSA. You cannot reimburse your HSA for
redemption fees. For further information on redemption fees, please see
the mutual fund prospectus.
8. You understand that the value of your HSA and the growth in value of
the HSA are dependent solely on the performance of the investment
options you select. You acknowledge that investment options available
under this HSA such as mutual funds and other securities are not insured
by FDIC or other agency, are not guaranteed by us or any affiliate of ours,
or your employer, and may lose value. You also acknowledge that past
investment performance is not a guarantee of future investment results
with respect to an investment option and that you will review investment
information about the investment options before investing. You should
seek the assistance of a financial professional to address any questions or
concerns you may have about your investment options and the selection of
investments for your HSA.
9. All investment transactions in the HSA Investment Account must be
initiated and conducted through www.53hsa.com .Your investment in the
HSA investment options may constitute the purchase of securities. As a
holder of securities, you may be entitled to receive certain documents,
including but not limited to prospectuses and proxies. Any securitiesrelated documents required to be transmitted to you as a result of your
investment in the HSA investment options will be transmitted to you
electronically via www.53hsa.com. As a condition to opening an HSA
Investment Account, you will be required to consent to the electronic
delivery of all documents of any issuer whose securities are made
available to your HSA, including issuers and securities made available
after the date your account is opened. If you become unable to access
www.53hsa.com, or if you revoke your consent to electronic disclosure of
investment information, you must contact us immediately. At that time you
will be given the option to terminate your account (and, if you choose, roll it
over to another provider), or to liquidate your investment in the investment
options and hold your HSA entirely in the Cash Account.
10. Fifth Third Bank is an FDIC Member state-chartered federal reserve
system member-bank, and is only acting as the custodian and
administrator for the FDIC insured HSA Cash Account; Fifth Third Bank is
not a registered investment adviser or a broker-dealer and is not the
custodian for any assets other than cash held in your HSA. Investment
recordkeeping, custody and administrative services for your HSA are
provided by HealthCare Bank, a Division of State Bank & Trust. State
Bank & Trust is an FDIC Member state-chartered bank, but it is not a
registered investment adviser or broker-dealer. Mutual funds are made
available to HSA participants on the State Bank & Trust platform through
Page 2 of 4
Fidelity Brokerage Services LLC and National Financial Services LLC
(collectively "Fidelity"). Fidelity is a registered broker-dealer and clearing
broker-dealer for your HSA and also provides sub-custody services to
State Bank & Trust for your HSA. Fifth Third Bank, State Bank & Trust
and Fidelity are not affiliated companies. Mutual funds are not insured by
the FDIC; are not deposits with, obligations of or guaranteed by State
Bank & Trust, Fifth Third Bank or any other bank; and are subject to
investment risk, including possible loss of the principal amount invested.
VII. OBLIGATION TO REVIEW YOUR HSA ACTIVITY
1. You are responsible for carefully monitoring and reconciling your
account activity and statements and account records we make available to
you. You will receive a monthly statement detailing the transactions of your
Cash Account, and the balance of your Investment Account. Transaction
information about your Investment Account will only be available online at
www.53hsa.com. You are responsible for checking your account at
www.53hsa.com no less frequently than once a month to view HSA activity
and other communications and information. Any notices related to your HSA
will be, at our discretion, either posted on www.53hsa.com or provided via
email or via mail. You are responsible for notifying us of any changes to
your email address or mailing address.
2. We will not be liable for your failure to exercise ordinary care in
examining your account information. You must notify us of any
discrepancy with any item or transaction within thirty (30) days of the date
the statement or on-line account information is made available to you.
3. If you use a user ID and/or PIN to access your account, you are
responsible for keeping it secure.
VIII.
DISTRIBUTIONS FROM YOUR HSA
1. You may request distributions of funds from this HSA in formats
authorized by us. We may require the tax identification number of the
recipient prior to us making the distribution. Distributions are subject to all
applicable tax and other laws and regulations, including possible early
distribution penalties or surrender charges and withholding requirements.
2. Distributions from this HSA that are used exclusively to pay or
reimburse qualified medical expenses of you, your spouse, or dependents
are tax-free. However, distributions that are not used for qualified medical
expenses are included in your gross income and are subject to an
additional 20 percent tax on that amount. The additional 20 percent tax
does not apply if the distribution is made after your death, disability, or
reaching age 65.
3. We are not required to determine whether the distribution is for the
payment or reimbursement of qualified medical expenses. Only you are
responsible for substantiating that the distribution is for qualified medical
expenses and must maintain records sufficient to show, if required, that
the distribution is tax-free.
4. You agree not to withdraw or attempt to withdraw amounts in excess
of the balance of your HSA. In the event that an overdraft occurs, you will
immediately contribute an amount to the HSA equal to the amount of the
overdraft and any outstanding fees assessed against the HSA, including
any overdraft fees. Such contributions made by you to the HSA shall be
applied, first, to any outstanding fees (including overdraft fees) payable to
us, and second, to the negative balance of the HSA. Until you contribute
the necessary funds to have the account become positive, all account
activity shall be suspended. Accounts that are not made positive will be
closed. You agree that you may be subject to any and all collection
actions we determine necessary to recover such amounts.
5. All requests for withdrawal or transfer shall be on a form provided by
or in a form acceptable to us. Withdrawals shall be subject to all
applicable tax and other laws and regulations, including possible early
withdrawal penalties or surrender charges.
6. We may allow the return of mistaken distributions provided there is
clear and convincing evidence that the amount(s) distributed from the HSA
was because of a mistake of fact due to reasonable cause. In determining
whether this standard has been met, we shall have the ability to rely on
your representation that the distribution was, in fact, a mistake.
7. In no event shall we restrict HSA distributions to pay or reimburse
only the Account Owner’s qualified medical expenses. However, we may,
on a case-by-case basis or as a matter of policy, place reasonable
restrictions on both the frequency and the minimum amount of distributions
from the HSA.
IX.
(7/2012)
BENEFICIARIES OF YOUR HSA.
1. You may designate one or more persons or entities as beneficiary of
your HSA. This designation can only be made on a form provided by or
acceptable to us, and it will only be effective when it is filed with us during
your lifetime. Each beneficiary designation filed with us will cancel all
previous ones. The consent of a beneficiary(ies) shall not be required to
revoke a beneficiary designation. If both a primary and contingent
beneficiaries have been designated and no primary beneficiary(ies)
survives you, the contingent beneficiary(ies) shall acquire the designated
share of the HSA.
2. If you die before the entire interest in the account is distributed, the
entire account will be disposed of as follows: If the beneficiary is your
spouse, the HSA will become the spouse’s HSA as of the date of death. If
the beneficiary is not your spouse, the HSA will cease to be an HSA as of
the date of death. If the beneficiary is your estate, the fair market value of
the account as of the date of death is taxable on your final tax return. For
other beneficiaries, the fair market value of the account is taxable to that
person.
3. If you do not designate a beneficiary, or if all of the primary and
contingent beneficiary(ies) predecease you, your estate will be the
beneficiary.
4. Upon learning of your death, we may, in our complete and sole
discretion, make a final distribution to a beneficiary (other than your
spouse) of your interest in the HSA. This distribution may be made without
the beneficiary’s consent and may be placed in an interest-bearing (or
similar) account that the Custodian chooses.
X.
IRS REPORTING
1. You agree to provide us with information necessary for us to prepare
any report or return required by the IRS.
2. We agree to prepare and submit any report or return as prescribed by
the IRS.
3. Except for any reporting requirements placed on us by the IRS, you
have complete responsibility for reporting to the IRS all contributions to
and distributions from the HSA and for the tax consequences of all such
contributions and distributions, including but not limited to rollovers,
transfers, excess contributions and prohibited transactions.
You
acknowledge that we have not, and will not, provide any tax advice in
connection with the HSA and that you should consult with your own tax
advisor for any such advice.
4. You are responsible for the payment of any taxes or penalties of any
kind that may be assessed against the HSA.
5. You acknowledge that our reports to the IRS will be based on
information furnished by you and you will indemnify us for any liabilities,
taxes, interest or penalties incurred as a result of filing a report based on
incorrect or insufficient information you furnish to us.
XI.
MISCELLANEOUS
AGREEMENT
INFORMATION
ABOUT
THIS
This Agreement will be amended from time to time to comply with the
provisions of the Internal Revenue Code or IRS published guidance.
Other amendments may be made by providing notice to you.
1. Notices and Change of Address: Any required notice regarding this
HSA will be considered effective when we send it to the intended recipient
at the last address which we have in our records. Any notice to be given
to us will be considered effective when we actually receive it. You must
notify us of any change of address.
2. Representations and Responsibilities: You represent and warrant to
us that any information you have given or will give us with respect to this
Agreement is complete and accurate. Further, you agree that any
directions you give us, or action you take will be proper under this
Agreement, and that we are entitled to rely upon any such information or
directions. If we fail to receive directions from you regarding any
transaction, or if we receive ambiguous directions regarding any
transaction, or we, in good faith, believe that any transaction requested is
in dispute, we reserve the right to take no action until further clarification
acceptable to us is received from you or the appropriate government or
judicial authority. We shall not be responsible for losses of any kind that
may result from your directions to us or your actions or failures to act, and
you agree to reimburse us for any loss we may incur as a result of such
directions, actions or failures to act. We shall not be responsible for any
penalties, taxes, judgments or expenses you incur in connection with your
HSA. We have no duty to determine whether your contributions or
distributions comply with the Code, Regulations, rulings or this Agreement.
Page 3 of 4
We have the right to require you to provide, on a form provided by or
acceptable to us, proof or certification that you are eligible to contribute to
this HSA, including, but not limited to, proof or certification that you are
covered by a HDHP. In no event shall we be responsible to determine if
contributions made by your employer to your HSA meet the requirements
for comparable contributions, the rules of which are set forth in the Code
and IRS published guidance.
We may permit you to appoint, through written notice acceptable to us, an
authorized agent to act on your behalf with respect to this Agreement (e.g.,
attorney-in-fact, executor, administrator, investment manager), however,
we have no duty to determine the validity of such appointment or any
instrument appointing such authorized agent. We shall not be responsible
for losses of any kind that may result from directions, actions or failures to
act by your authorized agent, and you agree to reimburse us for any loss
we may incur as a result of such directions, actions or failures to act by
your authorized agent.
By performing services under this Agreement we are acting as your agent.
You acknowledge and agree that nothing in this Agreement shall be
construed as conferring fiduciary status upon us. We shall not be required
to perform any additional services unless specifically agreed to under the
terms and conditions of this Agreement, or as required under the Code
and the Regulations promulgated thereunder with respect to HSAs. You
agree to indemnify and hold us harmless for any and all claims, actions,
proceedings, damages, judgments, liabilities, costs and expenses,
including attorney’s fees, arising from, or in connection with this
Agreement.
3. Notices: To the extent written instructions or notices are required under
this Agreement, we may accept or provide such information in any form
permitted by the Code or applicable regulations.
4. Service Fees: We have the right to charge an annual service fee or
other designated fees (e.g., a transfer, rollover or termination fee) for
maintaining your HSA. In addition, we have the right to be reimbursed for
all reasonable expenses, including legal expenses, we incur in connection
with the administration of your HSA. We may charge you separately for
any fees or expenses, or we may deduct the amount of the fees or
expenses from the assets in your HSA at our discretion. We reserve the
right to charge any additional fee upon 30 days notice to you that the fee
will be effective.
5. Termination of Agreement, Resignation, or Removal of Custodian:
Either party may terminate this Agreement at any time by giving written
notice to the other. We may terminate this agreement and close your
account if there is no transactional activity within 180 days of account
opening or if your account has a zero balance with no contributions or
distributions in the prior 16 consecutive months. We can resign as
Custodian at any time effective 30 days after we mail written notice of our
resignation to you. Upon receipt of that notice, you must make
arrangements to transfer your HSA to another financial organization. If
you do not complete a transfer of your HSA within 30 days from the date
we mail the notice to you, we have the right to transfer your HSA assets to
a successor HSA custodian or trustee that we choose in our sole
discretion, or we may pay your HSA to you in a single sum. We shall not
be liable for any actions or failures to act on the part of any successor
custodian or trustee, nor for any tax consequences you may incur that
result from the transfer or distribution of your assets pursuant to this
section.
If this Agreement is terminated, we may charge to your HSA a reasonable
amount of money that we believe is necessary to cover any associated
costs, including but not limited to, one or more of the following:
• Any fees, expenses or taxes chargeable against your HSA;
• Any penalties or surrender charges associated with the early
withdrawal of any savings instrument or other investment in
your HSA.
If we are required to comply with Regulations section 1.408–2(e), and we
fail to do so, or we are not keeping the records, making the returns or
sending the statements as are required by forms or Regulations, the IRS
may, after notifying you, require you to substitute another trustee or
custodian.
We may establish a policy requiring distribution of the entire balance of
your HSA to you in cash or property if the balance of your HSA drops
below the minimum balance required under the applicable investment or
policy established.
6. Successor Custodian: If our organization changes its name,
reorganizes, merges with another organization (or comes under the control
of any federal or state agency), or if our entire organization (or any portion
which includes your HSA) is bought by another organization, that
organization (or agency) shall automatically become the trustee or
custodian of your HSA, but only if it is the type of organization authorized to
serve as an HSA trustee or custodian.
(7/2012)
7. Transfers From Other Plans: We can receive amounts transferred to
this HSA from the custodian or trustee of another HSA. In addition, we
can accept rollovers of an eligible amount from an Archer MSA. However,
we reserve the right not to accept any transfer or rollover.
8. Restrictions On The Fund: Neither you nor any beneficiary may sell,
transfer or pledge any interest in your HSA in any manner whatsoever,
except as provided by law or this Agreement.
The assets in your HSA shall not be responsible for the debts, contracts or
torts of any person entitled to distributions under this Agreement.
9. Liquidation of Assets: We have the right to liquidate assets in your
HSA if necessary to make distributions or to pay fees, expenses, taxes,
penalties or surrender charges properly chargeable against your HSA. We
will liquidate your investments in the same proportion as your investment
holdings and you agree to not hold us liable for any adverse
consequences that may result from our decision to liquidate investments in
that order. You understand that you might not receive the total amount of
your requested distribution due to market fluctuations during the time
period for processing your distribution request.
10. What Law Applies: This Agreement is subject to all applicable Federal
and State laws and regulations.
11. Other Applicable Rules: The Rules and Regulations Applicable to All
Fifth Third Accounts is also applicable to your account. If there is any
conflict between this Agreement and the Rules and Regulations, this
Agreement shall control.
If any part of this Agreement is held to be illegal or invalid, the remaining
parts shall not be affected. Neither your nor our failure to enforce at any
time or for any period of time any of the provisions of this Agreement shall
be construed as a waiver of such provisions, or your right or our right
thereafter to enforce each and every such provision.
HIPAA DISCLOSURE
FIFTH THIRD BANK HEALTH SAVINGS PLAN
HIPAA DISCLOSURE:
The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)
provides rules intended to protect information regarding the health care of
certain individuals (the “Privacy Rule”). The Privacy Rule prohibits a health
plan from using or disclosing an individual’s Protected Health Information
(“PHI”) unless specifically authorized by the individual or otherwise allowed
under the Privacy Rule. The Privacy Rule allows a plan to use or disclose
an individual’s PHI, without the individual’s authorization, as necessary for
"treatment, payment or health care operations."
Your Fifth Third Bank Health Savings Plan may, or may not be subject to
the provisions of HIPAA depending upon the nature of the relationship
between your Fifth Third Bank Health Savings Account and your
Employer’s Health Benefits Plan.
Where your Fifth Third Bank Health Savings Account is subject to the
Privacy Rules of HIPAA, your Employer provided Health Plan may disclose
PHI to Fifth Third Bank if your Employer provided Health Plan obtains
"satisfactory assurances" that Fifth Third Bank will properly safeguard the
information. Satisfactory assurances are provided in the form of a written
agreement. In general, the agreement between your Employer provided
Health Plan and Fifth Third Bank establishes the permitted and required
uses and disclosures of such information by Fifth Third Bank (the
agreement may not permit the use of PHI in a manner inconsistent with the
Privacy Rule). Furthermore, the agreement between Fifth Third Bank and
your Employer provided Health Plan provides that your Employer provided
Health Plan may terminate the agreement upon determination that Fifth
Third Bank has violated a material term of the contract.
For a copy of the HIPAA Business Associate Agreement that may be in
place regarding your Fifth Third Bank Health Savings Account, please see
your Employer Health Plan Administrator.
Page 4 of 4
Fifth Third Bank
(HEREAFTER REFERRED TO AS “BANK”)
Health Savings Account – Terms and Conditions
1. The terms and conditions stated herein, together with resolutions or authorizations which
accompany this signature card, if applicable, and the Rules, Regulations, Agreements, and
Disclosures of Bank constitute the Deposit Agreement (“Agreement”) between the individual(s)
or entity(ies) named hereon (“Depositor”) and the Bank.
2. This Agreement incorporates the Rules, Regulations, Agreements, and Disclosures
established by Bank from time to time, clearing house rules and regulations, state and federal
laws, recognized banking practices and customs, service charges as may be established from
time to time and is subject to laws regulating transfers at death and other taxes.
3. All signers hereby agree that the above named bank is authorized to act as a depository
under the terms and conditions of the Agreement.
4. Bank is authorized to recognize the signatures executed hereon in such numbers as
indicated, for the withdrawal of funds or transactions of any other business regarding this
account until written notice to the contrary is received by Bank.
5. In the case of overdraft or overpayment on this account, whether by error, mistake,
inadvertence or otherwise, the amount of such overdraft or overpayment shall be immediately
paid to the Bank.
6. Depositor acknowledges and agrees that Bank for itself and as agent for any affiliate of Fifth
Third Bancorp is granted a security interest in, and, unless otherwise prohibited by law, may, at
any time, set off, against any balance in this account, any debt owed to Bank by any person
having the right of withdrawal or any debt owed to Bank by any entity listed under the Account
Title. A debt includes, but is not limited to, an obligation owing to Bank, whether now existing or
hereafter acquired by Bank whenever payable and without regard to whether arising as maker,
drawer, endorser, or guarantor.
7. All signers agree to the Terms and Conditions set forth hereon and acknowledge receipt of a
copy of the Rules and Regulations. Agreements, and Disclosures of Bank and agree to the
terms set forth therein.
Rev 0809
Member FDIC.
Equal Housing Lender. Fifth Third and Fifth Third Bank are registered service marks of Fifth Third Bancorp.
Health Savings Account – Electronic Disclosure Agreement
Important Information Regarding Your Application
To open a Fifth Third Bank Health Savings Account (HSA) online you must review and agree to these
Electronic Disclosures before continuing.
You understand and agree that Fifth Third Bank may provide all of the disclosures related to your
account(s), including but not limited to initial account disclosures, periodic statement information and notices
of changes to your account electronically and you will be able to review them online. In addition to
downloading and printing them, you may request a paper copy of the disclosures at no cost to you. In order
to complete the online account opening process, you must consent to receive this information electronically.
If you do not agree to receive the disclosures electronically, you may open your account utilizing a paper
application, available by calling 1-888-350-5353.
Customer Identification
In accordance with the USA PATRIOT Act, Federal law requires all financial institutions to obtain, verify,
and record information that identifies each individual or entity opening an account. This includes all personal
and commercial accounts including loan and deposit accounts, as well as trust, brokerage, insurance and
investment management accounts.
When you open an account, you will be asked for your name, address, Social Security number, date of birth
and other information that will allow Fifth Third Bank to identify you. You may also be asked to furnish your
driver's license or other identifying documents. We are required to follow this procedure each time an
account is opened, even if you are a current customer of Fifth Third Bank.
Electronic Disclosures
You understand and agree that Fifth Third Bank will provide all of your periodic statement information,
including notices about changes to your account, in electronic form.
You must have the necessary software and equipment to review, download, print and retain the electronic
disclosures. In order to access your electronic disclosures, you must operate a browser version that
supports Secure Sockets Layer encryption technology, frames, cookies, and JavaScript. The Fifth Third
Bank website is optimized for use with 5.0 or higher browser versions of Netscape® Navigator and
Microsoft® Internet Explorer or Safari™ 1.0 for Macintosh®. Page resolution is based on an 800x600 pixel
screen dimension. Please note that variant settings or device types may affect presentation.
If you would like a paper copy of any periodic statement, you may access copies online at Account Settings
under My Profile at www.53hsa.com, or you may contact a Customer Service Professional at 1-888-3505353. We may charge a fee for each periodic statement copy you request to have mailed to you.
When selecting a password to access your Fifth Third Bank Health Savings Account, please do not use
nicknames or birth dates that may be easy to guess, use a combination of letters and numbers, change
your password periodically, never share your password with anyone and always log off of the site when you
are finished.
Rev 0809
Member FDIC.
Equal Housing Lender. Fifth Third and Fifth Third Bank are registered service marks of Fifth Third Bancorp.
Rev. 08/12
FACTS
WHAT DOES FIFTH THIRD DO WITH YOUR PERSONAL INFORMATION?
WHY?
Financial companies choose how they share your personal information. Federal law gives consumers the right
to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your
personal information. Please read this notice carefully to understand what we do.
WHAT?
The types of personal information we collect and share depend on the product or service you have with us. This
information can include:
• Social Security number, name, address, email address, income, and assets
• Payment history and account balances
• Credit history and credit worthiness
HOW?
All financial companies need to share customers’ personal information to run their everyday business. In the
section below, we list the reasons financial companies can share their customers’ personal information; the
reasons Fifth Third chooses to share; and whether you can limit this sharing.
REASONS WE CAN SHARE YOUR PERSONAL INFORMATION
DOES FIFTH THIRD SHARE?
CAN YOU LIMIT THIS SHARING?
For our everyday business purposes— such as to process
your transactions, maintain your account(s), respond to court
orders and legal investigations, or report to credit bureaus
Yes
No
For our marketing purposes— to offer our products and
services to you
Yes
No
For joint marketing with other financial companies
Yes
No
For our affiliates’ everyday business purposes—
information about your transactions and experiences
Yes
No
For our affiliates’ everyday business purposes—
information about your creditworthiness
Yes
Yes
For our affiliates to market to you
Yes
Yes
For nonaffiliates to market to you
No
N/A
TO LIMIT
OUR
SHARING
QUESTIONS?
• Call 1-800-889-5269—our menu will prompt you through your choice(s); or
•W
rite to us at Fifth Third, Customer Service, Privacy Administration, Post Office Box 4444, Cincinnati, OH
45263-4444. Requests must include your name, address, telephone number, and Social Security number (or
taxpayer identification number). Incomplete information will delay or possibly prevent our ability to honor
your request; or
• Visit any Fifth Third Banking Center.
Please note: If you are a new customer, we can begin sharing your information 30 days from the date
we sent this notice. When you are no longer our customer, we continue to share your information as
described in this notice. However, you can contact us at any time to limit our sharing.
Call 1-800-889-5269 or go to www.53.com.
WHO WE ARE
Who is providing this notice?
WHAT WE DO
How does Fifth Third protect my
personal information?
How does Fifth Third collect my
personal information?
Fifth Third Bank and its affiliates (please see below for List of Affiliates).
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal law. These measures include computer
safeguards and secured files and buildings.
We collect your personal information, for example, when you:
• Open an account or apply for a loan
• Pay your bills or make a deposit
• Use your credit or debit card
We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.
Why can’t I limit all sharing?
Federal law gives you the right to limit only:
• sharing for affiliates’ everyday business purposes—information about your creditworthiness
• affiliates from using your information to market to you
• sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See
below for more information on state laws.
What happens when I limit sharing
for an account I hold jointly with
someone else?
Your choices will apply to everyone on your account.
DEFINITIONS
Affiliates
Companies related by common ownership or control. They can be financial and
nonfinancial companies.
• Our affiliates include companies with a Fifth Third name; financial companies such as an
insurance agency or a leasing company.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
• Fifth Third does not share information with nonaffiliates so they can market to you.
Joint marketing
A formal agreement between nonaffiliated financial companies that together market
financial products or services to you.
• Our joint marketing partners include but may not be limited to insurance companies and
credit card companies.
OTHER IMPORTANT INFORMATION
Nevada law requires that we provide you with the following contact information:
Fifth Third, Customer Service
Privacy Administration
P.O. Box 4444
Cincinnati, OH 45263-4444
Bureau of Consumer Protection, Office of the Nevada Attorney General
555 East Washington Street, Suite 3900
Las Vegas, NV 89101
Phone: (702) 486-3132, Email: [email protected]
CA, ND and VT residents: Accounts with mailing addresses in these states will be treated as if they have selected for us to not share
your credit and personal financial information with other Fifth Third companies.
CUSTOMER IDENTIFICATION PROGRAM
In accordance with the USA PATRIOT Act, Federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or entity
opening an account. This includes all personal and commercial accounts, including loan and deposit accounts, as well as trust, brokerage, insurance, and investment
management accounts.
What This Means To Our Customers
When you open an account, you will be asked for your name, address, Social Security or tax identification number, date of birth (if applicable), and other information that
will allow Fifth Third to identify you. You will also be asked to furnish your driver’s license or other identifying documents. We are required to follow this procedure each
time an account is opened, even if you are a current customer of Fifth Third.
LIST OF AFFILIATES
Fifth Third Bank, an Ohio Banking Corporation
Fifth Third Insurance Agency, Inc.
Fifth Third Mortgage Company
Fifth Third Securities, Inc. Member FINRA/SIPC
Fifth Third Equipment Finance Company
Fifth Third Asset Management, Inc.
Vantiv, Inc.
SLK Global/BPO Services Pvt. Ltd.
Fifth Third Holdings, LLC
Fifth Third Mortgage−Michigan, LLC
Fifth Third Auto Leasing Trust
Vista Settlement Services, LLC
Fifth Third Bank, Member FDIC.
Important Information About Credit Reporting
We may report information about your accounts to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Fifth Third Securities is the trade name used by Fifth Third Securities, Inc., member FINRA/SIPC, a wholly owned subsidiary of Fifth Third Bank and a registered
broker-dealer. Securities and investments offered through Fifth Third Securities, Inc. and insurance products:
Are Not FDIC Insured
Offer No Bank Guarantee
Are Not Insured By Any Federal Government Agency
May Lose Value
Are Not A Deposit
Insurance products made available through Fifth Third Insurance Agency, Inc.
3.NF-002-PP-0912
653062
08/12
RULES & REGULATIONS
APPLICABLE TO ALL
FIFTH THIRD
ACCOUNTS
AND CARDS
August 2012
RULES AND REGULATIONS, APPLICABLE TO ALL FIFTH THIRD ACCOUNTS AND CARDS
APPLICABLE TO ALL ACCOUNTS
Definitions:
a.“Account Owner” is a natural person or legal entity in whose name the account is maintained on the Bank’s records.
A person who is designated by an account owner to act on that account owner’s behalf is not an account owner,
but has the authority of the account owner. The account owner will be bound by the acts of that representative. The
word “Customer” means the same thing as “account owner.” Account owners that are legal entities, including but
not limited to corporations, limited liability companies, partnerships, estates and trusts, are not natural persons,
and can only act through designated representatives. In such cases, it is the legal entity that is the account owner.
b.“Bank” shall mean any one or more direct or indirect subsidiaries of Fifth Third Bancorp and its successors and
assigns, with whom Customer has as account (as defined in UCC Article 9) or card.
c.“Bank Affiliate” shall mean any one or more direct or indirect subsidiaries of Fifth Third Bancorp and its successors and assigns.
d.“Card” shall mean one or more plastic credit or debit cards or any other access device issued by Bank or Bank
Affiliate for use in conjunction with a money dispensing machine, banking terminal, electronic funds transfer device,
internet access product, line of credit account, or any credit or debit program at Bank or Bank Affiliate.
e.“Obligation(s)” shall mean all loans, advances, indebtedness and each and every other obligation or liability
of Customer owed to each of Bank and/or any Bank Affiliate, however created, of every kind and description
whether now existing or hereafter arising and whether direct or indirect, primary or as guarantor or surety,
absolute or contingent, liquidated or unliquidated, matured or unmatured, participated in whole or in part,
created by trust agreement, lease overdraft, agreement or otherwise, whether or not secured by additional
collateral, whether originated with Bank or owed to others and acquired by Bank by purchase, assignment or
otherwise, and including, without limitation, all loans, advances, indebtedness and each and every obligation
or liability arising under any loan document, any and all rate management obligations, letters of credit now or
hereafter issued by Bank or any Bank Affiliate for the benefit of or at the request of Customer, all obligations to
perform or forbear from performing acts, and agreements, instruments and documents evidencing, guarantying,
securing or otherwise executed in connection with any of the foregoing, together with any amendments,
modifications and restatements thereof, and all expenses and attorneys’ fees incurred by Bank or any Bank
Affiliate hereunder or any other document, instrument or agreement related to any of the foregoing.
f. “Rate Management Agreement” means any agreement, device or arrangement providing for payments which
are related to fluctuations of interest rates, exchange rates, forward rates, or equity prices, including, but
not limited to, dollar-denominated or cross-currency interest rate exchange agreements, forward currency
exchange agreements, interest rate cap or collar protection agreements, forward rate currency or interest
rate options, puts and warrants, and any agreement pertaining to equity derivative transactions (e.g., equity
or equity index swaps, options, caps, floors, collars and forwards), including without limitation any ISDA
Master Agreement between Customer and Bank or any Bank Affiliate, and any schedules, confirmations and
documents and other confirming evidence between the parties confirming transactions thereunder, all whether
now existing or hereafter arising, and in each case as amended, modified or supplemented from time to time.
g.“Rate Management Obligations” means any and all obligations of Customer to Bank or any Bank Affiliate,
whether absolute, contingent or otherwise and howsoever and whensoever (whether now or hereafter)
created, arising, evidenced or acquired (including all renewals, extensions and modifications thereof and
substitutions therefore), under or in connection with (i) any and all Rate Management Agreements, and (ii) any
and all cancellations, buy backs, reversals, terminations or assignments of any Rate Management Agreement.
2.All items for deposit or collection, though provisionally credited, are received or purchased subject to proof and
collection, and until the proceeds thereof in money are actually received by Bank or until such items become final
under applicable law, such items themselves can be returned and charged back to the account or subject to refund by
Customer. The Bank may decline payment drawn on deposits until the deposits are actually paid in money. Bank acts
only as Customer’s collection agent and shall not be liable for any loss caused by the negligence or failure of its agents,
correspondents, or other bank while the item is in their hands or in transit. Customer agrees that Bank can pursue
collection of previously dishonored items and waives any time restriction on Bank’s election to finally pay or revoke
provisional credit for any item. Failure to enforce these rights by the Bank shall not be considered a waiver thereof.
3. In the event the ownership of an account is in dispute for any reason, including but not limited to a lost or
destroyed signature card, the Bank reserves the right to institute legal proceedings to determine ownership of
the account. Where one or more persons sign such accounts, the account shall be deemed a joint owner with
rights of survivorship. As to joint and survivorship accounts, each Customer agrees that all amounts on deposit or
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hereafter deposited by any of the Joint Customers, and all amounts accumulated thereon shall be owned by them
as joint tenants with right of survivorship, not as tenancy by the entireties. All Customers agree to be jointly and
severally liable to Bank for any deficit, regardless of which Customer caused such a deficit. Any Joint Customer
may stop payment, close the account and withdraw all or a portion of the account balance or may authorize any
other person to use the Account of the other Joint Customer for the purpose of making withdrawals or transfers
from such Account. Any such use of the Account shall be deemed ratified and approved by each Joint Customer
as if the withdrawal or transfer had been made personally by any of the Joint Customers. Each joint owner will be
liable for any overdraft of any other joint owner whether or not receiving any benefit from the payment.
Each Joint Customer intends and agrees that the account balance upon his death shall, subject to set off and
Bank’s security agreement, be the property of the survivor, or if more than one survivor, the survivors shall remain
as joint tenants with rights of survivorship between them. A payment to a Customer or the survivor shall be a
valid and complete discharge of the Bank from any and all liability. However, upon receipt of notice of death
or incompetence of a Customer, Bank may restrict or prohibit further withdrawals until Bank is satisfied that
its obligations under law and this Agreement have been met. Payments to the survivor shall be subject to all
applicable estate or inheritance laws. If a person is a joint owner of a Fifth Third Essential Checking account for
students or other account along with a minor, all of the above rules regarding joint ownership apply to that person.
4. Withdrawals or deposits may be made by Depositor in person or by his duly authorized agent; or, in case of death or
disability, by his legal representative; and in case of minors, as provided by law. Certain transactions (e.g. ATM deposits)
may be restricted prior to account opening. An account is considered opened when the account owner has complied
with all account opening requirements, including but not limited to, the minimum required funding of the account.
5. FDIC Insurance. The FDIC protects the depositors of insured Banks against the loss of their deposits due to
a bank failure. The standard insurance amount is $250,000 per depositor. Insurance coverage is dependent upon
account ownership categories and subject to FDIC requirements.
Temporary Unlimited FDIC Insurance for Transaction Accounts. All funds in non-interest bearing transaction
accounts and interest on Lawyers Trust Accounts (IOLTAs) are insured in full by the FDIC through December 31,
2012. This unlimited insurance coverage is in addition to, and separate from, the coverage of at least $250,000
available to depositors under the FDIC’s general deposit insurance rules. Funds transferred to an interest-bearing
or non-transaction account via a sweep arrangement are not covered under this unlimited insurance provision.
Sweep Arrangements. Federal law requires all insured depository institutions to provide the following disclosure
to their customers regarding the effect that a sweep arrangement may have on FDIC insurance coverage. Sweep
arrangements involving deposit - to - deposit transfers are insured by the FDIC, subject to FDIC requirements.
Insurance coverage is dependent upon account ownership categories (e.g. single, joint, revocable trust). If there is
a change in account ownership, the funds are aggregated with the deposit account balances of the new owner(s)
and insured up to the maximum amount permitted by law. Funds swept via a sweep arrangement that transfers
funds from an insured deposit account to a non-deposit investment vehicle or account are not considered a deposit
and are not insured by the FDIC. These funds will have general unsecured creditor status. Repurchase Agreement
Sweep Accounts Only: Upon transfer of the funds, customers become a legal owner or obtain a perfected security
interest in the identified assets. These funds have secured creditor status.
External sweep arrangements (i.e. funds swept outside the insured depository institution). Funds not swept to
a source outside the institution prior to the applicable cut-off time will be treated as deposits of the depository
institution and insured under the applicable FDIC insurance rules and limits.
6. Any Obligation may be charged to any deposit account in the name of Customer or in the name of Customer and
another or others and Customer hereby grants to Bank a security interest in Customer’s accounts with Bank and any
accounts Customer has with any Bank Affiliate to secure the Obligations, regardless of the amount of contribution by any
Customer to such account(s). Customer agrees that the security interest it has granted to Bank hereunder is consensual
and is in addition to Bank’s common law right of set off. Customer also grants Bank the right, on Bank’s own behalf and
on behalf of any Bank Affiliate, to set off against any and all funds in Customer’s account to pay any Obligation owed
by the Customer. Customer acknowledges that the Obligations that are secured by the Bank’s security interest and set
off rights granted hereby include all present and future Obligations owed by Customer to any Bank Affiliate. Customer
agrees that Bank may act in accordance with instructions received from any such Bank Affiliate regarding disposition of
any funds in Customer’s accounts without any further consent or action by Customer. Bank may exercise its right of set
off and its security interest without recourse to other collateral, if any, and even if such action causes Customer to lose
interest, have transactions drawn on its account returned, incur an early withdrawal penalty or any other consequence. If
Bank exercises its rights hereunder, Bank will notify Customer to the extent required by applicable law. Bank’s right of set
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off and its security interest may not apply to Customer’s account to the extent expressly prohibited by applicable law.
7. The Bank may refuse at any time to accept any deposit and it may, at any time, close the account of any
Customer. If an account is closed before interest is credited, you will not receive any accrued interest. An account
may be automatically closed if any withdrawal reduces the balance in the account to zero. You agree to pay any
fees for the closure of your account in accordance with the fee schedule associated with your account and you
are liable for any overdrawn amounts. Any checks presented for payment on your account after it is closed will be
returned unpaid. The bank will not be liable for any item presented after an account has been closed.
8. The Bank specifically reserves the right to require seven (7) days written notice before funds deposited into
savings accounts may be withdrawn.
9. Should the Bank be served with any legal process which affects the account, the Bank may without liability
suspend payment on any account which it believes to be affected thereby until final determination of such legal
proceeding or appropriate resolution of the adverse claim, even though the suspension of payment may have
been due to inadvertence, error on account of similarity of names of account owners, or other mistake. Should
the Bank be served with garnishment in the name or names of any Joint Customer, each Customer agrees that
Bank’s remittance of any amounts constitutes an authorized withdrawal as provided herein. The Bank shall not
be liable for any damages to account owner by reason thereof, providing the Bank shall have acted in good faith.
Attachments, garnishments, levies and the like shall be subject to fees assessed by the Bank and to Bank’s
security interest and right of set off. Customer acknowledges and agrees that Bank may collect fees associated
with the processing of these orders from Customer’s account(s) for a period of up to six months.
10.These Rules and Regulations, as well as fees and charges contained on the Fee Schedule associated with
your account(s) may be altered or amended at any time by the Bank and as altered or amended shall be binding
on all Customers after having been made available in the offices of the Bank for fifteen (15) days or by such other
method as specifically provided by law.
11.Inactive accounts are subject to escheatment to the State Treasury. Please see Fee Schedule associated
with your account(s) for details.
12.OVERDRAFT
Managing your Account
You can avoid overdraft situations by always making sure you have sufficient funds in your account to cover all of the debits
(-) you make. We have services available to help you keep track of your account balance and the money you have spent.
These include:
• Logging on to www.53.com
• Using the mobile app
• Text or email alerts
• A Fifth Third ATM
• Calling 1-800-972-3030
• Visiting a banking center
We also offer several options that may help you manage times when you are facing an overdraft situation. These
options include Overdraft Coverage for ATM and one time debit card transactions, as well as Overdraft Protection. You
can get more information on these options by calling 1-800-972-3030, going into a branch or visiting www.53.com.
Daily Overdraft Calculation. In this section, we describe how we apply credits (+) and debits (-) to your
account for the purposes of calculating whether your account is overdrawn and fees will be assessed.
Credits and Debits - Credits (+) are deposits or transfers of funds into your account. Examples of these may include:
• Checks and cash deposited into your account
• Transfers into your account such as direct deposits (ACH) and wire transfers into your account
• Online/telephone/Mobile transfers into your account
• Refunds
• Returned Items
Debits (-) are withdrawals or transfers of funds from your account. Examples of these may include:
• ATM withdrawals
• Debit card purchases
• Online/telephone/Mobile transfers
• Transfers such as such as online/automatic bill payments (ACH) and wire transfers
• Checks written from your account
• Fees and service charges
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How credit and debit information is received. Credits (+) and debits (-) can be initiated with us or a third party.
Examples of credits (+) and debits (-) that you can initiate with us include:
• Withdrawals from a Fifth Third ATM
• Transfers between Fifth Third accounts done through Internet Banking, phone or at a Fifth Third banking center
Examples of credits (+) and debits (-) that can be initiated with a third party include:
• Checks you write that are presented to other banks
• Transactions with merchants where you have used your debit card
• Transactions at a non-Fifth Third ATM.
How we process credits and debits - Whether a debit (-) or credit (+) will be applied to your account on a
particular day is affected primarily by whether the credit (+) or debit (-) was initiated with us or a third party.
Credits (+) and debits (-) that you initiate with us are subject to cut-off times. Cut off times allow a bank to process
and validate transactions. Credits (+) and debits (-) that are initiated before a cut off time on a business day are
applied to your account that day, however credits (+) are subject to Funds Availability limitations. Credit (+) cutoff
times can be found in the Funds Availability Section. Debit (-) cutoff times can be found in the Cut-off Times
Section. Transactions initiated after a cut off time on a business day are applied to your account the next business
day.
Our ability to process credits (+) and debits (-) that are initiated with third parties is dependent on when the third
party sends information about the credit (+) or debit (-) to us. We do not control the timing by which they provide
this information to us. In addition, receipt of the information may be impacted by circumstances beyond our
control, such as disruptions in network processing or processing delays by a third party intermediary. We generally
apply credits (+) and debits (-) to your account on the first business day they are presented to us from a third party.
Credits (+) are subject to Funds Availability limitations.
Overdraft Calculation Order. If there is not enough money in your account at the end of the day to cover all of your
Overdraft Calculation Order
Is your account overdrawn? Which payments can be covered?
Starting Balance
Start with ending Daily Balance from the prior business day. This
can be found on Internet banking at www.53.com, by reviewing your
periodic statement or by calling 1-800-972-3030.
1. Add in Credits (+)
Examples of credits (+) may include:
• Posted deposits, including direct deposit of your paycheck
• Funds available from Pending Deposits (such as ATM deposits
and Mobile deposits)
• Transfers into the account such as ACH and wire transfers
• Online/telephone transfers into the account
• Refunds
• Returned items
NA
2. Deduct posted
Timestamped
Debits (-)
Examples of Posted Timestamps debits (-) may include:
• Posted ATM Withdrawals
Oldest to Most
• Posted Debit Card Purchases
Recent
• Posted online/telephone transfers to another Fifth Third Account
• Posted wire transfers
3. Deduct posted
Batch Debits (-)
Examples of Deduct posted Batch Edits (-) may include:
• Posted Checks written
• Posted online/telephone transfers to a non-Fifth Third account
• Posted Internet Banking bill payments
• Posted outgoing ACH transfers (automatic bill payments)
• Posted outgoing wire transfers
4. Deduct Fees and
Service Charges
Deduct all Fifth Third fees and service charges on your account
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Largest Amount
to Smallest
Amount
Largest Amount
to Smallest
Amount
posted debits (-), then we consider transactions in the following order:
Terms to Understand
Timestamped Debits (-) generally are debits (-) that are authorized at the time of use (for example, at the time you use
your debit card for a purchase at a store or for a withdrawal from an ATM) and are later presented to us for payment.
Timestamped Debits (-) are authorized and cannot be returned. Because of this, we pay these items first, in the order
they were authorized. Timestamped debits appear in your account as pending items until they are posted.
Batch Debits (-) generally are debits (-) that are not pre-authorized by us. Batch debits do not include a timestamp,
and if you do not have enough money in your account, can often be returned by us to the sender, unpaid.
Pending status is when a debit (-) has been authorized but has not been posted to your account. A common example
of this is using a debit card to make a purchase. When your debit card is swiped at the point of purchase, the debit
(-) is authorized and in pending status. When the debit (-) is presented to us for payment, the debit (-) is posted (see
below). Typically, debits (-) made with your debit card using a PIN are posted to your account on the same date the
transaction is made. Some signature based transactions made with your debit card can take additional business days
to post. In some cases, the amount of the pending debit (-) may not match the actual amount of the final debit (-). For
example, transactions with some merchants (including gas stations and restaurants) may involve an initial hold for a
dollar amount that could be higher or lower than the final debit (-). In addition, some transactions with some merchants
(such as hotels and car rental companies) will not be debited from your available balance at the time of authorization.
Posting is when a credit (+) or debit (-) is presented to us, paid by us and applied to your account.
Additional Overdraft Information and Fees. We may assess a fee for overdrafts created by checks,
in-person withdrawals, ATM withdrawals, debit card transactions, or other debits. However, we will not assess a
fee for overdrafts that are created solely by our fees. We may assess an overdraft fee whether we pay or return a
debit (-). See the Fee Schedule for information on the fees.
If there is not enough money in your account at the end of the day to cover all of your batch debits (-), we may
choose to pay any or all of the batch debits (-) or return any or all of the batch debits (-) unpaid.
For debits (-) which require approval at the time of the transaction, such as debit card purchases, we may authorize
or decline the debit (-) if the transaction would overdraw your account. Even if we authorize a debit card item, you
may still be assessed an overdraft fee if your account does not have sufficient funds to pay the debit (-) when it is
actually presented for payment and posts to your account.
These are the ways a debit (-) may be handled when there is not enough money in your account:
• If you choose to enroll, Overdraft Protection may be used to pay the debit (-) (using funds from another Fifth Third account)
• Overdraft Coverage may be applied by the Bank, at the Bank’s discretion, to pay the debit (-) (resulting in a
negative balance in your account)
• Your debit (-) may be returned unpaid
We will not assess a per item overdraft fee for ATM and one-time debit card items unless you have accepted
Overdraft Coverage on your account for these transactions.
If you are charged overdraft fees, the fees will be an additional debit (-) to your account and will further increase
the negative balance in your account if a deposit is not made on time.
You are Responsible for Overdrawn Accounts. As a Fifth Third customer, you agree to immediately pay to us
the amount of any overdraft, plus any related fees. Our payment of a debit (-) when there is not enough money in
your account is not an application for credit. You also acknowledge that the amount of deficiency, whether due to
the amount of the overdraft or any fees assessed, is immediately due and payable without further demand.
13.Accounts and Cards are not transferable. Assignments and encumbrances for other than indebtedness owing
to the Bank must be consented to by Bank after receipt of written notice from the depositor.
14.The Bank assumes no liability for the payment of postdated checks, unless notice of such a check is given to
the Bank which describes the item with reasonable certainty. Such notice, if given orally, will be valid for 14 days
and must be given in such manner and with such time as to allow the Bank to act reasonably upon it.
15.Trust Account: When the signature card indicates that the account is a “Trust” account, the Trust shall be
the account owner and the Trustee(s) shall be the account signator. The Trustee(s) shall be responsible for all
transactions performed on the account. In the case of a Trustee’s death or resignation, the Successor Trustee(s)
appointed by the Trust or by court order shall become the Trustee(s). Unless the Trust expressly provides otherwise,
all Trust accounts shall be revocable by the Grantor thereof during his or her life.
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16.Payable on Death Accounts: When the signature card designates the beneficiary to receive the account funds upon
the death of the Customer, it supercedes and revokes any previous appointment of any other Beneficiary. Customer
may withdraw all or any portion of the account balance during his lifetime and Customer retains the right to revoke
the designation of any Beneficiary. Bank has the right to deal with the Customer as if a Beneficiary was not named.
The amount on deposit in this account at the death of the Customer shall belong and be paid to the Beneficiary, if the
Beneficiary survives the Customer, subject to the provisions of this Agreement, the rules of Bank and applicable laws.
Payment to the Beneficiary after the death of the Customer shall be a valid and full release and complete discharge
of the Bank from any and all liability and shall be binding upon the heirs, executors, administrators and assigns of
Customer. Bank reserves the right to require satisfactory proof of death of the Customer and survival of the Beneficiary.
Custodian Account: When the signature card indicates the account is a “Custodian Account,” it is one opened
for the purpose of making a gift to a minor under the Uniform Transfer to Minors Act. The account owner shall be
the donor and the custodian for the minor named on the face of the signature card. The custodian shall have all
the powers and duties provided by law, including power to withdraw, with or without court order. Minor, as used
here, is determined by age, according to applicable state law. For the purposes of the Uniform Transfers to Minors
Act, the term minor, determined by applicable state law, means under the age of 21 in Florida, under the age of 21
in Illinois, under the age of 21 in Indiana, under the age of 18 in Kentucky, under the age of 18 in Michigan, under
the age of 21 in Missouri, under the age of 21 in Ohio, under the age of 21 in Pennsylvania, and under the age of
21 in Tennessee, under the age of 21 in Georgia, and under the age of 21 in North Carolina.
17.Subaccounting for Checking Accounts. Each checking account will consist of a checking subaccount and a
non interest bearing savings subaccount. Checks, debits and other items presented for payment will be posted to
the checking subaccount. Bank may transfer funds between these subaccounts from time to time as follows. Bank
may establish a threshold balance for your checking subaccount by reviewing the master account historic activity
to determine the amount not routinely needed to pay debits (“threshold balance”). If the balance in your checking
subaccount during any calendar month exceeds this threshold balance, Bank may transfer the excess funds to
the savings subaccount. Bank may also sweep the entire balance of your checking subaccount into the savings
subaccount during the weekend when no items will post to your account.
If the balance in your checking subaccount falls below the threshold balance during any calendar month, we
will transfer funds to your checking subaccount from your savings subaccount sufficient to restore the checking
subaccount to the threshold balance. Bank may not make more than six transfers out of the savings subaccount
during any calendar month. If a sixth transfer is necessary, all funds in the savings subaccount will be transferred to
the checking subaccount for the remainder of the calendar month. In that event, at the end of the calendar month,
Bank will transfer funds in excess of the threshold balance from the checking subaccount to the savings subaccount.
Because the savings subaccount is used for internal purposes only, you cannot access it directly. Bank’s transfers
of funds into and out of the savings subaccount will be the only transactions on the savings subaccount. Transfers
between subaccounts will not appear on your statement and will not be subject to any fees. The combined balances
of both subaccounts will be used to determine the balance of your account for any minimum balance requirement
or any other reason that a balance is considered. Interest-bearing checking accounts only: The subaccounts will not
affect your use of your interest-bearing checking account, funds availability, or the interest paid on your account.
The interest rate that applies to your interest-bearing checking account will apply to both subaccounts.
18.For rules governing dormancy and related charges, please see Fee Schedule associated with your account(s) for details.
19.If a deposited item is returned unpaid, and resubmitted for payment, the Bank reserves the right to charge
a representment fee.
20.When a deposited item is returned unpaid and charged back to your account, the Bank reserves the right
to charge a returned item fee. If an item is returned as a counterfeit item, altered item, or for any other reason,
Customer acknowledges and agrees that they will be liable to the Bank for any loss suffered by Bank, regardless
of any confirmation of availability of funds done by Bank.
21.When a deposit item is returned unpaid, Customer may not, in all cases, get return of the original unpaid deposit
item, but will get an image or other record of the item that will be sufficient for you to protect your rights against the maker.
22.A fee may be charged for any stop payment order. A stop payment order will be accepted only if both the check
serial number and corresponding dollar amount are given at the same time of request. The Bank will honor only
the exact information given us; otherwise, the Bank is not responsible. A stop payment is effective for six months.
However, oral stop payment orders must be confirmed in writing or they will be void after fourteen days. Stop payment
orders will not be effective until the Bank has recorded the information on your account and has had sufficient time to
enforce the order. If Bank recredits the account after payment over a verbal and timely stop payment order, Customer
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agrees to transfer all rights against payee or other holder of the item to Bank and will assist Bank in legal action taken
against such person. Customer agrees that Bank will not be obligated to recredit the account if customer received
anything of value for the check. Computer generated checks without MICR line cannot be stopped.
23.The Bank will not be liable for any damages whatsoever if the Bank acted in good faith.
24.Bank is under no obligation to honor a check presented more than six months after date of issuance, but
may charge Customer’s account for payment made thereafter in good faith.
25.Customer agrees that Bank can disregard any information on an item other than MICR encoded data,
amount, signature of drawer and identity of payee.
26.Customer authorizes Bank to honor any items bearing Customer’s account number if Customer has disclosed
that account number to the payee or any representative, affiliate, or party associated with the payee, whether or
not the item is signed by the Customer. Customer further agrees that Bank may presume that authorization was
obtained by the issuer of the item. For example, if Customer voluntarily gives information about their account
(such as the routing number and account number) to a party who is seeking to sell Customer goods or services,
and Customer does not physically deliver a check to the party, any debit to the account initiated by the party to
whom you gave the information is deemed authorized.
27.Customer agrees to carefully examine and reconcile account statements and that statements may be mailed
or made available to the last known address as carried on the records of Bank or made available to Customer
via other means, i.e. Internet banking. Customer agrees that Bank will not be liable if Customer fails to exercise
ordinary care in examining their statements. Customer will notify Bank of any discrepancy with any item, including,
but not limited to, deposits, withdrawals, and checks, within thirty (30) days of the statement mailing or made
available to customer date. Customer will also notify Bank of any forgery or alteration of any item within thirty (30)
days of the statement mailing or made available to customer date. If notification is not received, Bank will have
no liability for such item(s). Customer also agrees that Bank will have no liability if the item is forged, altered or
counterfeited in such a manner that the fraud could not be detected by a reasonable person. Customer assumes
all liability for unauthorized signatures produced by a facsimile signature device or stamp.
28.Customer assumes liability for any improper endorsements by payees.
29.In the event that cancelled checks are unavailable in Customer’s account statement, Bank will secure microfilm
or other reproductions of the checks from the collecting bank upon Customer’s request. This occurrence will not
extend the time within which Customer must notify Bank of irregularities shown on their account statement.
30. Customer may not, in all cases, get return of their original deposit account documents, including checks (items).
Bank may add images of Customer’s items to its electronic document storage system. After doing so, Bank may
destroy the original items. Any copy from that system will be acceptable for all purposes. Customer may obtain a copy
of their deposit account items upon request. Bank reserves the right to charge a reasonable fee for these services.
31.If the Bank incurs any expenses, including administrative costs and reasonable attorney fees, in responding
to an attachment, garnishment or other levy that is not otherwise reimbursed, the Bank may charge such expenses
to customer account without prior notice to customer. Any garnishment or other levy against customer account is
subject to the Bank’s right of setoff and security interest.
32.Customer agrees that except where a shorter time is permitted by law, regulation, or agreement, Bank is not required
to retain records of any transaction for more than six (6) years [seven (7) years for Michigan residents] and customer releases
Bank from any liability therefore on Customer’s behalf, as well as Customer’s heirs, assigns and personal representatives.
33.Customer agrees Bank may charge a fee to anyone presenting an item for payment from Customer’s account
if such person does not have an account with Bank. No such fee will be assessed if the item is deposited into an
account at Bank and the item is processed through the check collection process.
34.If Bank cannot locate an item in the collection process and Customer suffers a loss, Bank will be liable up to
the amount of the item only.
35.LEGAL PROCEEDINGS. If the account becomes involved in any legal proceedings, including but not limited to,
proceedings which are challenging the ownership or custody of the account, the use of the account may be restricted.
In the event that we are brought into or must initiate any legal proceedings in regard to the account, including but
not limited to the collection of overdrafts, you agree to reimburse us, to the extent allowed by law, for any attorneys’
fees which we may incur. We may also, at our option, pay the funds to the clerk of an appropriate court, so that the
court may decide who owns or controls the money. If we do so, we will ask the court to award our attorneys’ fees to
us from the account. You agree to waive your right to a trial by jury in any legal proceeding concerning the account
and agree that the proper venue for any such legal proceedings shall be the forum where we are located.
36.Bank may, in its sole discretion, limit or refuse to honor a request for a split deposit at any time.
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37.Personal or consumer account types should not be utilized for business transactions. Bank reserves the
right to close personal consumer deposit accounts used to process business transactions. Bank may, in its sole
discretion, refuse to honor items presented that are payable to a corporation accompanied by a request to cash
the item or deposit the item into an individual account.
38.The Bank is not required to provide next day notice of an ACH item credited to a customer’s account.
Customer will be notified via periodic customer statements.
39.Customer understands and agrees that Bank will not accept a substitute check that was created by a person
or entity other than a bank, which has not yet been transferred by a bank, unless otherwise agreed to by Bank
under separate written agreement.
40.Bank may at its sole discretion, with prior notice to Customer (if required), change a Customer’s account type.
41. Customer is responsible for all properly payable items.
42. English Document Controlling - Any translation of this Agreement is provided only for your convenience.
The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the
English language. Any translation provided may not accurately represent the information in the original English.
The English version is the document that will govern the relationship between you and the Bank.
43. Unlawful Internet Gambling Enforcement Act Notification
Commercial/Business Customers. Restricted transactions are prohibited from being processed through any
Fifth Third Bank account or relationship. A restricted transaction includes, but is not limited to, any transaction
or transmittal involving any credit, funds, instrument, or proceeds that any person engaged in the business of
betting or wagering knowingly accepts, in connection with the participation of another person in unlawful Internet
gambling. It includes credit or the proceeds or extension of credit (including credit extended by use of a credit
card); electronic fund transfers or funds transmitted by or through a money transmitting business; or a check, draft
or similar instrument that is drawn on or payable at or through any financial institution.
Unlawful Internet gambling means to place, receive, or otherwise knowingly transmit a bet or wager by any means
which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable
Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received, or otherwise made.
44.As with all financial transactions, discretion should be applied when using an ATM or night deposit facility.
For your safety, you should always remain alert and be cognizant of your surroundings, particularly during hours of
darkness. Remember to keep your Personal Identification Number (“PIN”) confidential, and refrain from displaying
cash that you withdraw. If you are ever confronted with suspicious activity when engaging in an ATM transaction,
you should stop your transaction and use another ATM machine or conduct your transaction at another time. Also,
you should immediately report this occurrence, as well as any crime that you may observe, to your local police
department or to the operator of the ATM. Additionally, if you observe that an ATM’s lights have gone out or other
safety precautions are not in place, please report this to the operator of the ATM.
45.Bank may re-open a closed account for any reason, including without limitation, to post items drawn on the
account presented for payment, returned items or fees.
8
Cut-Off times
Cut-off times apply to Business Days
Transactions done
at a Fifth Third Bank
Banking Centers
Credits (+)
Withdrawals (-)
Transfers between
Fifth Third Bank
Deposit Accounts
Transfers from a Fifth
Third Bank Deposit
Account to a Fifth
Third loan, which may
include credit cards,
mortages, car loans
and equity lines.
Banking Center Closing
Time
Banking Center Closing
Time
The earlier of the Banking closing time, or 9 PM
Eastern Time
The earlier of the Banking
Center closing time or 7
PM Eastern Time
Transactions done at The cut-off time varies by affiliate where your account was opened.
a Fifth Third ATM
7 PM Eastern Time for Accounts in St. Louis, North Carolina, Georgia, and Western Pennsylvania.
2 PM local time for Accounts opened in any other affiliate.
Internet Banking
Not Applicable
Not Applicable
9 PM Eastern Time
**Note that transfers to
or from a non-Fifth Third
deposit account made via
Internet Banking may be
subject to different cut-off
times which are disclosed
to you in Internet Banking.
7 PM Eastern Time
Mobile Banking
8 PM Eastern Time for
customers with Mobile
Deposit
Not Applicable
9 PM Eastern Time
7 PM Eastern Time
Not Applicable
9 PM Eastern Time
7 PM Eastern Time
Automated Telephone Not Applicable
Customer Service Line
PIN-based Debit
Card Purchases
7 PM Eastern Time for both PIN based Purchases and refunds
Wire Transfers
See Banking Center for applicable cut-off times
For questions or additional information, please call us at 1-800-972-3030
FUNDS AVAILABILITY POLICY FOR TRANSACTION ACCOUNTS
Fifth Third Bank is continually working to improve the collection of checks and the availability of funds for
withdrawal. The Expedited Funds Availability Act, gives the Federal Reserve Board powers to expedite the
collection and return of checks. Fifth Third Bank is required to notify you of the details of this regulation which
affects the availability of funds deposited to your checking account.
For deposits made on Saturday, Sunday or a Federal Holiday, the day of your deposit is the next business day. “Business
Day” is defined as Monday through Friday, excluding the Federal Holiday or as otherwise posted in the Banking Center.
If you make a deposit at any banking center on a business day that the banking center is open and prior to
closing, we will consider that day to be the day of deposit. However, if you make a deposit on a day that we are
not open or after the banking center is closed, we will consider that the deposit was made on the next business
day that we are open. Contact your local banking center or www.53.com for additional information on your
banking center’s hours of business. Funds received after certain cut-off times for certain channels and products
9
may be credited as of the next business day. The earliest cut-off time for the Fifth Third Health Savings Account
is 4:00 PM EST. The earliest cut-off time for funds transferred to your checking account using Internet or Mobile
Banking is 9:00 PM EST. To determine if later cut-off times are available, please contact your local banking center.
The “day of deposit” for deposits made at an Automated Teller Machine (ATM) at or after 2:00 PM (or 7:00 PM EST for
accounts opened in Western Pennsylvania, Georgia, North Carolina and St. Louis) local time is the next business day.
Funds from cash, wire transfers and electronic direct deposits to your account will be available on the day we
receive the deposit.
The types of deposits available on the first business day after the day your deposit is received by a Fifth Third
Bank employee are:
• U.S. Treasury checks that are payable to you,
• Federal Reserve Bank checks that are payable to you,
• Federal Home Loan Bank checks that are payable to you,
• Postal money orders that are payable to you.
• State and local government checks *
• Cashier’s and certified checks *
* Business/Commercial Accounts. A special deposit slip must be obtained from a Fifth Third Bank customer
service representative in order to process these types of deposits for next day availability, provided the item(s) are
payable to you and deposited into your account.
If you do not make your deposit of the items listed above in person to a Fifth Third Bank employee (for example if you
mail the deposit), funds will be available no later than the second business day after the day your deposit is received.
If you present an item to be cashed, Bank may place a hold on a corresponding amount of available funds in your account
for the same amount of time the funds would not have been available had the item been deposited into your account.
AVAILABILITY OF OTHER CHECK DEPOSITS
The availability of other check deposits depends on whether the deposit is made to a consumer or business/
commercial account. The availability of funds, in most cases, is as follows:
1. Consumer Accounts. The first $100 from the deposit of a check(s) will be available on the day we receive the deposit.
The remaining funds will be available on the first business day after the day of your deposit. For example, if you deposit a
check of $700 on Monday, $100 of the deposit will be available on Monday. The remaining $600 will be available on Tuesday.
2. Business/Commercial Accounts. The first $200 from a deposit of a check(s) will be available on the first business day after
the day of your deposit. The remaining funds will be available no later than the second business day after the day of your deposit.
3.In the case of some credit union drafts which are payable through another bank, the determining factor will be
the location of the credit union, not the payable through bank whose routing number may appear on the check.
DEPOSITS MADE AT AUTOMATED TELLER MACHINES (ATMS)
Deposits, including deposits made from a transfer between accounts, made before 2:00 PM local time, (or 7:00
PM EST for Western Pennsylvania, Georgia, North Carolina and St. Louis) on a regular business day, at a Fifth
Third Bank ATM will be treated as deposited that day. Deposits made at and after 2:00 PM local time, (or 7:00
PM EST for Western Pennsylvania, Georgia, North Carolina and St. Louis), on a regular business day or on a nonbusiness day at a Fifth Third Bank ATM, will be treated as deposited on the next business day. You will receive
the first $100 from ATM deposits received after 2:00 PM EST, but before 7:00 PM EST, on the day we receive the
deposit. For purposes of determining the applicable ATM cut-off time, the location where the deposit account
was opened will determine which ATM cut-off time applies. Deposits made at a non Fifth Third Bank ATM will be
treated as deposited when received and credited by your Bank. Any item deposited through an ATM may not, at
the discretion of the Bank, be considered a deposit until it is accepted by the Bank. Acceptance will occur when
the Bank places the item in the collection process. An unprocessable item, including but not limited to unendorsed
items, non-processable items, etc, will not be considered a deposit. Deposits at an ATM may not be permitted prior
to account opening. In all other respects, ATM deposits will be accorded the availability described herein for the type
of items deposited. ATM deposits are limited to $50,000 for Fifth Third ATMs and $10,000 for all non-Fifth Third ATMs.
EXTRAORDINARY CIRCUMSTANCES
In some cases, funds that you deposit by check will not be available according to the schedule defined herein.
If all the funds from your non-ATM/Mobile deposit will not be available according to the scenarios described
herein, a customer service representative will notify you when your funds will be available at the time you make
your deposit. If we decide to take this action after you leave the premises, we will mail you notice of when the funds
10
will be available by the business day after we receive your deposit or the business day following the day the facts
upon which a determination to hold your funds become known to the Bank.
If your deposit is not made directly to a bank employee, and if we decide to take this action, we will mail you
notice when the funds will be available by the business day after we receive your deposit or the business day
following the day the facts upon which a determination to hold your funds becomes known to the Bank.
If you want to be sure when a particular deposit will be available for withdrawal, you should ask us when the funds
will be available. It’s important to know that, even though your account may show available funds, the check you
deposited may not be authentic or may not have cleared the bank it was drawn on.
Extraordinary circumstances, which may delay the availability of funds deposited for a longer period include, but
are not limited to:
• Reason to believe the check deposited will not be paid.
• Checks totaling more than $5,000 that are deposited on the same day.
• A check is redeposited that has been returned unpaid.
• The deposit account has been repeatedly overdrawn in the last six months.
• An emergency, such as failure of communications or computer equipment, occurs.
• An operational issue has occurred, such as failure of an ATM owning financial institution to timely balance or
reconcile the ATM and/or the ATM deposits.
Availability of funds will generally be no later than the seventh business day after the day of your deposit.
THE FOLLOWING APPLIES TO NEW ACCOUNTS
DURING THE FIRST 30 DAYS
An account is considered a new account during the first 30 calendar days after an account is established. An
account is not considered a new account if Customer has had, within 30 calendar days before the account is
established, another transaction account at Bank for at least 30 calendar days.
Funds from deposits of cash and the day’s total deposits of cashier’s, certified, traveler’s, U.S. Treasury checks,
U.S. Postal money orders, Federal Reserve Bank checks, Federal Home Loan checks and state and local
government checks will be available on the first business day after the day your deposit is received by the Bank
provided all checks are payable to you and you use a special deposit slip, if required. For business/commercial
accounts, if you do not make this deposit in person to a Bank employee, or use a special deposit slip, if required,
the funds will be available on the second business day after the day your deposit is received by the Bank.
Funds from wire transfers and electronic direct deposits to your account will be available on the day we receive the deposit.
Funds from all other check deposits will be available no later than the ninth business day after the day of your deposit.
ENDORSEMENTS
Part of the Expedited Funds Availability Act is to standardize check endorsements.
As a depositor of checks, the regulation limits the location of your endorsement to the top 1.5 inches at the
trailing edge of the check. The trailing edge is directly behind where the “Pay to the Order” is printed. This is where
most endorsements are usually placed.
Any marks below the 1.5 inches on the back of the check may obscure the bank’s information and ultimately result
in a delay in returning the check, and could result in the forfeiture of your right to the recovery of those funds.
APPLICABLE TO OVERDRAFT PROTECTION
1. Overdraft Protection from Savings or Checking Account.
Pre-authorized transfer of funds from savings or checking account to cover overdrafts is available to any Bank
customer who has a personal checking account and another savings or checking account.
If the checking account balance falls below zero, a transfer will be made from the savings or checking account to
cover the exact amount of the overdraft provided that adequate funds are available in the savings or checking account.
A transfer fee will be charged and included with each transfer. The number of transfers from savings are limited by law.
2. Overdraft Protection from line of credit account.
If User (as herein after defined) overdraws User’s checking account, User agrees that Bank may charge the line
of credit, up to the permitted credit limit, for a cash advance for an amount equal to the overdraft amount with a
minimum transfer of $50.00 in order to eliminate such overdraft, together with any applicable service charges and
finance charges. (For Equity Line accounts minimum transfer is $100.)
3. Bank may cancel overdraft Protection privileges upon notice from Bank to Customer; upon termination of
savings or checking account; or upon termination or exceeding the line of credit account.
11
TransfeR LIMITATIONS
The following limitations apply to Electronic Transfers:
a) Due to certain state banking laws currently in effect, you may not be able to make deposits at certain locations.
b) The immediate use of deposited funds is restricted by the Account Agreement.
c) Cash withdrawals from Fifth Third Bank ATMs or other ATMs may be made only from individual or joint personal
accounts and from no other accounts.
d) For security reasons, there are limits on the amount of cash withdrawals from the Account that may be made
from Fifth Third ATMs or other ATMs.
e) There are limits on the amount of cash you may withdraw or transfer immediately after you make a deposit.
f) Once you have placed a stop payment order on a preauthorized transfer, we will not make any more preauthorized
transfers to the person whom you were going to pay until we receive a new written authorization from you.
g) No deposits or withdrawals may be made on a dormant account through Fifth Third ATMs or other ATMs.
h) For security reasons, there may be other limits on the number and amount of transactions you can make using
Fifth Third Bank ATMs or other ATM terminal systems.
i) The Bank specifically reserves the right to require seven (7) days written notice before funds deposited in any
savings deposit account may be withdrawn.
sAVINGS ACCOUNT TRANSACTION POLICIES
Unlimited Transactions
• You may make an unlimited number of payments from your savings account(s) to your Fifth Third installment,
mortgage of credit card accounts. Withdrawals/Transfers made in person or at an ATM are unlimited.
Transfer/Withdrawal Restrictions:
You are limited to six of the following transactions from your savings accounts each month:
• Preauthorized or automatic withdrawals/transfers including but are not limited to:
• Automatic transfers from your savings account to cover an overdraft.
• Internet Banking - transfer of funds or bill payment from your savings account to third parties or to other
deposit accounts at Fifth Third.
• Preauthorized ACH or Electronic Transfers.
• Fifth Third Telephone Banking or any money management payment from your savings account.
• Point-of-sale transactions with a debit card.
• Checks or drafts payable to third parties.
Notification of Excessive Transfers:
• We will send you notice after the first and second month of excessive withdrawals or transfers. After three
instances of exceeding the allowable number of withdrawals or transfers, your savings account may be closed and
funds placed in a checking account, or you may be offered other options to eliminate future excessive transfers,
including but not limited to, removal of the savings account’s transfer and draft capabilities.
Debit Card Agreement
This Card Agreement states the terms and conditions governing any Card issued by the Bank under the laws of
the United States and the State of Ohio. The initial use, signing, or other acceptance of the Card by you, any other
person to whom a Card has been issued on your behalf or by any other person you authorize or permit to use the
Card constitutes acceptance of the following terms and conditions. Unless otherwise specified, the words you, your
and yours mean the Account holder (which includes any joint Account holder) and anyone who uses the Card with
your permission. The words we, our, us, Fifth Third and Bank mean Fifth Third Bank and its successors and assigns.
DEFINITIONS
Account: The Fifth Third individual or joint checking account to which a Card is linked.
Account Agreement: The “Rules and Regulations Applicable to All Fifth Third Accounts and Cards” that govern
the Account, as amended from time to time.
ACH: The automated clearing house used by the Bank.
ATM: Automated teller machine.
Card: One or more plastic debit cards or any other access device issued or approved by us for use in conjunction
with an ATM, banking terminal, electronic funds transfer device, Internet access product, line of credit account or
any Fifth Third debit program.
Card Agreement: This Fifth Third Bank Debit Card Disclosure and Card Agreement.
12
Electronic Banking: Services that allow you to access the Account using ATMs, touch-tone telephones and
other devices to make deposits, transfers or withdrawals to or from the Account.
Electronic Transfer: Any electronic banking transaction, including deposits or withdrawals accomplished
electronically, as well as all transfers resulting from Card transactions, even if an electronic terminal is not involved
at the time of the transaction.
Fifth Third Internet Banking: A service that allows you to access the Account using a personal computer via the Internet.
Foreign Transaction: A transaction that occurs or is submitted to us from outside the United States or in a
foreign country.
MasterCard®: MasterCard Inc.
PIN: Personal identification number.
Ready Reserve: A service whereby you may link the Account to a Fifth Third credit card account to cover
overdrafts on the Account.
Service: A telephone banking, Internet access product or point-of-sale service.
User: You and any other person you authorize or permit to use the Card.
Visa®: Visa Inc.
1. YOU ASSUME RESPONSIBILITY
You assume responsibility for all transactions arising from authorized use of the Card by any User, whether such use
is with an ATM, banking terminal, electronic funds transfer device, any debit program or any other means of access.
If you have authorized another person to use the Card in any manner, that authorization shall be deemed to include
the authorization to make withdrawals or transfers of funds to or from the Account, and such authorization shall be
deemed to continue until you have taken all steps necessary to revoke it by preventing such use by that person,
including, without limitation, notifying the User and contacting us to inform us that the User is no longer authorized.
2. YOU AGREE TO PAY
You agree to pay us on demand for all purchases made, services rendered, and cash advances made by or to any
User of the Card. Cancellation of a Card or termination of the Account shall not excuse your obligation to pay for
all purchases or other transactions incurred against or in connection with the Account through the effective time of
the cancellation or termination. This liability will be joint and several.
3. CANCELLATION AND TERMINATION
You may surrender the Cards (only by surrendering all Cards issued on the Account) and terminate this Card
Agreement. However, this Card Agreement shall remain in effect for purchases made, services rendered and cash
advances made by or to any User of the Card. We may cancel the Card at any time without notice. If we do so, all
Users will surrender the Cards immediately upon our request or the request of our agent. We reserve the right to
refuse or terminate your use of the Card in our sole discretion at any time.
4. WAIVER
Except as may be prohibited by law or regulation, you hereby waive as against us all claims, defenses, rights and
offsets you or any User now or hereafter may have against any merchant or other payee for merchandise or for
services acquired by use of the Card or through any Electronic Banking product.
5. LIMITATIONS
We may, from time to time, limit the type, number and dollar amounts of any checks, drafts, withdrawals, or transfers
made by Users of the Card, notwithstanding the amount in the Account, and terminate or suspend the operation of
any or all electronic funds transfer devices or merchants, without notice, unless required by law or regulation.
6. ACCOUNT AGREEMENTS
All transactions arising from the authorized use of the Card shall be subject to and controlled by the terms of the
Account Agreement and other contractual relationships with us and all of our applicable rules and regulations, as
amended from time to time. Please consult those documents for more information about the terms and conditions
of the Account, including, without limitation, overdraft fees.
7. YOUR RESPONSIBILITY FOR USERS
You are solely responsible for selecting Users. You must require each User to comply with the terms and conditions
of this Card Agreement, and you are responsible for the failure of any User to so comply. You acknowledge and
agree that you are responsible for retrieving the Cards if you revoke a User’s authority to use a Card. Except as
otherwise limited in this Card Agreement, you will remain responsible for all Card transactions.
8. FEES
You agree to pay all fees we charge in connection with the Electronic Banking services you obtain. We reserve the
13
right to institute a standard charge or charges for the issuance, reissuance, or use of a Card or for the reinstatement
of any Card privileges that have been suspended, as well as an annual fee and per-item fee for each transaction,
and you agree to pay such charges and fees.
9. AMENDMENTS
We reserve the right to amend and modify this Card Agreement. You agree that we may, in our sole discretion,
subject to applicable law, amend any of the terms and conditions of this Card Agreement. Any amendment or
modification shall become effective on the date specified therein.
10. FRAUD
Use of a Card after notice of its cancellation is fraudulent and will subject you or any User of the Card to legal proceedings.
11. ELECTRONIC BANKING DISCLOSURES
All Electronic Banking disclosures set forth in the Account Agreement are incorporated herein by reference as
though rewritten in this Card Agreement, and you agree to all such Electronic Banking disclosures.
12. LOST OR STOLEN CARD
You agree to promptly notify us in the event any Card is lost or stolen, or you suspect any other unauthorized use of
any Card. IN NO EVENT SHALL YOU WRITE YOUR PIN ON THE CARD OR KEEP ANY WRITTEN RECORD OF IT ON
ANY MATERIAL KEPT WITH THE CARD. See the section below entitled “Consumer Liability for Unauthorized Transfers.”
13. USE OF CARD IN CONNECTION WITH A CHECK
THAT WILL BE DISHONORED
You shall not use the Card for any purpose that aids the negotiation of a check that you know will be dishonored
when presented for payment. You agree that if we purchase any check drawn or endorsed by you and verified by
use of the Card, or duly endorsed or assigned to us by the payee or endorsee of such a check, and the check is
thereafter dishonored, you will pay the amount of the check to us upon demand. If you refuse to pay the amount of
the check to us upon demand, we may deduct the amount from any account you have with us, including charging
a cash advance to your line of credit account with us.
14. FOREIGN TRANSACTION FEE
We will assess a transaction fee equal to 3% of the U.S. dollar amount of each Foreign Transaction that posts
to the Account. This fee will be in addition to any other applicable transaction fees. If a transaction is made in
a foreign currency, MasterCard or Visa, depending on which Card is used, will convert the transaction into a
U.S. dollar amount. MasterCard and Visa will act in accordance with their operating regulations or conversion
procedures in effect at the time the transaction is processed. Currently, their regulations and procedures provide
that the currency conversion rate they use is either (1) a wholesale market rate or (2) a government-mandated rate
in effect one day prior to the processing date. The currency conversion rate calculated in this manner that is in
effect on the processing date may differ from the rate in effect on the transaction date or the posting date.
15. USE OF CARD FOR A SERVICE
If you use the Card for a Bank-approved Service, and we approve such use of the Card, you agree to the transfer of
money in the Account to the accounts of third parties you designate. Such transfer will be made upon your instructions
by use of a telephone or by other means acceptable to us. You agree to allow a reasonable period of time (at least five
(5) business days) for a third party to receive the payment. You agree that we will not be responsible for any delays
caused by mail service or any third party. In no case will we be liable for any interest or late payment charges assessed
by a third party or termination of service caused by a delay in a third party’s receiving or processing a payment. You
agree to notify us of any change in your address or account with a third party, including change of account number.
16. GOVERNING LAW
The laws of the United States and the laws of Ohio govern this Card Agreement regardless of your or any User’s
place of residence.
17. CARD TRANSACTIONS
The following additional terms and conditions apply to Card transactions:
a) Use of the Card authorizes us to directly debit or credit the Account for the amount of a Card transaction shown
on the sales draft, receipt or other record of the transaction, regardless of whether you select the debit or credit
option for the transaction, and to handle debit drafts in the same manner as we handle checks on the Account.
b) You agree to pay the Card transaction fees in effect for the Account. We reserve the right to impose an annual
fee upon notification to the Account holder.
c) In consideration of the use of the Card, you agree that any sales drafts or withdrawal vouchers originated by
use of the Card shall not be deemed to be items on which stop-payment orders may be issued.
14
d) This Card Agreement as it relates to use of the Card shall act as a contractual modification of the Uniform
Commercial Code of the applicable state(s), to the extent permitted by such code.
e) If you have Ready Reserve privileges or any other Bank line of credit arrangement, the terms and conditions of
the Ready Reserve or other arrangement will be controlling with respect to overdrafts of the Account regardless of
whether they result from the use of checks, Ready Reserve transactions, cash advances or the Card.
18. World Debit Monthly Fee
The World Debit Card has a monthly fee, except for Preferred Banking customers. The amount of the monthly
fee is disclosed in the section below entitled “Fee Schedule.” This fee is assessed for the use of the Account and
associated services and will be identified as a World Debit Monthly Fee on the Account statement. The fee will first
appear in the second billing cycle after the Account is opened and monthly thereafter.
19. ATM Transaction Charges
Your Account or any credit card, loan, or line of credit account that you are accessing may be subject to charges
when using an ATM that does not display the Fifth Third logo. Also, 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).
20. Types of Available Transfers and Limits on Transfers
You or any User may use the Card and PIN to:
a) withdraw cash from the Account;
b) receive a cash advance on your line of credit account;
c) make deposits to the Account (note: Pulse ATMs will not accept deposits greater than $50,000. We reserve the
right to reject deposits in excess of $50,000 at any ATM displaying the Jeanie logo);
d) transfer available funds between your checking, savings, Visa, MasterCard or line of credit accounts;
e) pay bills directly from your Account to parties that have been notified and have agreed to accept your payments,
provided that you make these payments in accordance with the procedures set forth by us; or
f) pay for purchases at places that have agreed to accept the Card.
Some of these services may not be available at all terminals. In addition, we will accept preauthorized transfers
from the Account in accordance with procedures set forth by us.
21. Transfer Limitations
The following limitations apply to Electronic Transfers:
a) Due to certain state banking laws currently in effect, you may not be able to make deposits at certain locations.
b) The immediate use of deposited funds is restricted by the Account Agreement.
c) Cash withdrawals from Fifth Third Bank ATMs or other ATMs may be made only from individual or joint personal
accounts and from no other accounts.
d) For security reasons, there are limits on the amount of cash withdrawals from the Account that may be made
from Fifth Third ATMs or other ATMs.
e) There are limits on the amount of cash you may withdraw or transfer immediately after you make a deposit.
f) Once you have placed a stop payment order on a preauthorized transfer, we will not make any more preauthorized
transfers to the person whom you were going to pay until we receive a new written authorization from you.
g) No deposits or withdrawals may be made on a dormant account through Fifth Third ATMs or other ATMs.
h) For security reasons, there may be other limits on the number and amount of transactions you can make using
Fifth Third Bank ATMs or other ATM terminal systems.
Daily Limits:
i) The Card carries daily limits on the dollar amount of purchases and ATM withdrawals you can make. Daily limits
are assigned for your protection. To find more information on your daily limit or to lower your specific limit, please
contact Customer Service at 1-800-972-3030 or visit your local Fifth Third banking center. The standard daily
purchase and cash limits are printed on the materials that come with the Card.
j) We may adjust these daily limitations on cash withdrawals and purchases from time to time and subject to applicable
law, based on periodic risk assessments or upon request. Any such changes will generally be effective immediately
unless we are required by applicable law to provide you with advance written notice of the proposed changes. In such
instances, those changes will be effective immediately following the effective date stated in the notice.
Savings Account Transaction Policies
Unlimited Transactions
• You may make an unlimited number of payments from your savings account(s) to your Fifth Third installment,
15
mortgage or credit card accounts.
• Withdrawals/Transfers made in person or at an ATM are unlimited.
Transfer/Withdrawal Restrictions:
You are limited to six of the following transactions from your savings accounts each month:
• Preauthorized or automatic withdrawals/transfers including but are not limited to:
• Automatic transfers from your savings account to cover an overdraft.
• Internet Banking – transfer of funds or bill payment from your savings account to third parties or to other
deposit accounts at Fifth Third.
• Preauthorized ACH or Electronic Transfers.
• Fifth Third Telephone Banking or any money management payment from your savings account.
• Point-of-sale transactions with a debit card.
• Checks or drafts payable to third parties.
Notification of Excessive Transfers:
• We will send you notice after the first and second month of excessive withdrawals or transfers. After three
instances of exceeding the allowable number of withdrawals or transfers, your savings account may be closed and
funds placed in a checking account, or you may be offered other options to eliminate future excessive transfers,
including but not limited to, removal of the savings account’s transfer and draft capabilities.
22. Error Resolution
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS, contact us at the following
address or phone number as soon as you can.
Error Resolution – PIN & ACH Transactions
Phone: 1-800-972-3030
Write: Customer Service Department
Madisonville Operations Center - MD 1MOCBK
Cincinnati, OH 45263
Error Resolution – Signature Transactions
Phone: 1-800-972-3030
Write: Customer Service Department
Madisonville Operations Center - MD 1MOC2G
Cincinnati, OH 45263
to report Lost or Stolen Card or PIN or Other Unauthorized Use
Phone: 1-800-972-3030
Write: Card Services Department
Madisonville Operations Center - MD 1MOC2G
Cincinnati, OH 45263
If you think your statement or receipt is wrong or if you need more information about a transfer listed on the
statement or receipt, we must hear from you no later than sixty (60) days after we sent the FIRST statement on
which the error or problem appeared.
a) Tell us your name and Account number.
b) Describe the error of the transfer you are unsure about, and explain as clearly as you can why you believe there
is an error or why you need more information.
c) Tell us the dollar amount of the suspected error.
If you tell us orally, we will require that you send us your complaint or questions in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error
promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.
If we decide to do this, we will recredit your Account within ten (10) business days for the amount you think is in error, so
that you will have the use of the money during the time it takes us to complete our investigation. We will ask you to put
your complaint or question in writing, and if we do not receive it within ten (10) days, we may not re-credit your Account.
If notice of an error involves an electronic fund transfer resulting from a point of sale debit card transaction, the
applicable time periods shall be ten (10) business days and ninety (90) calendar days.
For the first thirty (30) days after your Account is opened and in which a notice of error is received, the applicable
time periods shall be twenty (20) business days and ninety (90) calendar days. We will tell you the results within
three (3) business days after completing our investigation.
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If we decide that there was no error, we will send you a written explanation. You may ask for copies of the
documents that we used in our investigation.
23. Right to Receive Documentation of Transfers
a) Receipts at Electronic Terminals. You can get a receipt at the time you make any transfer greater than $15
to or from the Account using one of our ATMs or any other access terminal.
b) Preauthorized Credits. If you arrange to have direct deposits made to the Account at least once every sixty
(60) days from the same person or company, you can call us at the Fifth Third banking center where the Account
is located (the telephone number will be located on your periodic statement) or at 1-800-972-3030 to find out
whether or not the deposit has been made.
c) Periodic Statements. You will get a monthly Account statement unless there are no transfers in a particular
month. In any case, you will get the statement at least quarterly, unless the Account is dormant, in which case you
will receive a statement only once a year.
24. Consumer Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or if you believe that an Electronic Transfer has
been made without your permission using information from your check. Telephoning is the best way of keeping your
possible losses down. You could lose all the money in your Account (plus your savings or credit account if you have a
checking account with the Overdraft Protection feature). If you tell us within two (2) business days after you learn of the
loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or PIN, and we
can prove that we could have stopped someone from using your Card or PIN without your permission if you had
told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make or that were not authorized by you, including those
by Card, PIN, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was
mailed or made available to you, you may not get back any money you lost after the sixty (60) days if we can prove
that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as
a long trip or hospital stay) kept you from telling us, we will extend the time period for a reasonable time.
If you believe your Card or PIN has been lost or stolen or that someone has transferred or may transfer money
from the Account without permission, contact us at the appropriate address or telephone number listed under the
“Error Resolution” section of this document.
Under certain circumstances, your liability for unauthorized use may be zero. Zero liability does not apply to
MasterCard-branded Cards issued to an entity other than a natural person; primarily for business, commercial
or agricultural purposes, except small business “Debit MasterCard BusinessCard”, “MasterCard BusinessCard”,
“Debit MasterCard Professional Card” and “MasterCard Professional Card”; outside the U.S. region; or if a PIN is
used as the cardholder verification method for the unauthorized transaction(s). You must meet these three conditions:
1. You must have exercised reasonable care in safeguarding your Card from risk of loss or theft;
2. You must not have reported two or more incidents of unauthorized use within the preceding 12 months;
3. The Account must be in good standing. Visit MasterCard’s Zero Liability link at www.mastercard.com.
Visa’s Zero Liability policy covers U.S.-issued cards only and does not apply to ATM transactions, PIN transactions
not processed by Visa, or certain commercial card transactions.
Consult www.visa.com/security for additional details.
25. BUSINESS DAYS
Our business days are Monday through Friday. Holidays are not included.
26. Bank’s Liability for Failure to Make Transfers
If we do not complete a transfer to or from your Account on time or in the correct amount according to our
Account Agreement with you, we will be liable for all losses not to exceed the amount of the transfer. However,
there are exceptions. We will not be liable, for instance:
a) If, through no fault of ours, you do not have enough money in the Account to complete the transfer.
b) If the transfer would go over your credit limit on your line of credit account.
c) If the Fifth Third ATM or other ATM where you are making the transfer does not have enough cash.
d) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions
that we have taken.
e) If the funds in the Account are subject to legal process or other encumbrance restricting such transfer.
f) If the Jeanie, Pulse, Plus System, or Visa terminal or other access terminal or system is not working properly
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and you knew about the breakdown when you started the transfer.
g) If Fifth Third Internet Banking was not working properly due to the failure of electronic or mechanical equipment
or communications lines, telephone or other interconnect problems, normal maintenance, unauthorized access,
theft, operator errors, severe weather, earthquakes, floods and strikes or other labor problems.
h) If there is an allegation of fraudulent activity concerning the Account.
i) If other rules, regulations, or agreements of the Bank so provide.
27. REWARDS PROGRAM TERMS AND CONDITIONS
The terms and conditions of the Fifth Third Rewards Program are available at www.fifththirdrewards.com.
28. Fee Schedule
Card Replacement Fee..................................................................................................................................... $10.00
ATM Mini Statement........................................................................................................................................... $1.50
International Point of Sale/ATM Transaction Fee.............................................................................. 3% of transaction
Non-Fifth Third ATM Transaction............................................................................................... $2.00 per transaction
Monthly World Debit Fee.................................................................................................................................... $3.95
DISCLOSURE OF BANK’S LIABILITY
FOR FAILURE TO MAKE TRANSFERS
If we do not complete a transfer to or from your account on time or in the correct amount according to our
account agreement with you (including all rules and regulations governing your account), we will be liable for all
losses not to exceed the amount of the transfer. However, there are exceptions. We will not be liable, for instance:
1.If, through no fault of ours, you do not have enough money in your account to complete the transfer; or
2.If the transfer would go over your credit limit on your line of credit account; or
3.If Fifth Third Bank ATMs or other ATM terminals where you are making the withdrawal does not have enough
cash; or
4.If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions
that we have taken; or
5.If the funds in the account are subject to legal process or other encumbrance restricting such transfer; or
6. If Fifth Third Bank ATMs or other ATM terminals or system is not working properly due to normal maintenance
activities or malfunction; or
7.If the Fifth Third Internet Banking system was not working properly due to the failure of electronic or mechanical
equipment or communications lines, telephone or other interconnect problems, normal maintenance, unauthorized
access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labor problems; or
8.If there is an allegation of fraudulent activity concerning the account; or
9. If other rules, regulations or agreements of the Bank so provide.
DISCLOSURE OF RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS
Right to stop payment and procedure for doing so, Right to receive notice of varying
amounts, and Bank’s liability for failure to stop payment.
If you have told us in advance to make regular payments from your account, you can stop any of these payments. Here’s how:
Call Customer Service at 1-800-972-3030 or call the Banking Center where your account is located or write to:
Customer Service Department, Fifth Third Bank
Madisonville Operations Center - MD 1MOC3A
Cincinnati, Ohio 45263
in time for us to receive your request three (3) business days or more before the payment is scheduled to be
made. The telephone number will be shown on your periodic statement. If you call, we may also require that you
put your request in writing and get it to us within fourteen (14) days after your telephone call. We will charge you
a fee for each stop payment order you give. Once you have placed a stop payment order on a pre-authorized
transfer, the Bank will not make any more preauthorized transfers to the person whom you were going to pay until
we receive a new written authorization from you.
If these regular payments vary in amount, the person whom you are going to pay will tell you ten (10) days before
each payment when it will be made and how much it will be. You may choose instead to get this notice only when the
payment would differ by more than a certain amount from the previous payment, or when the amount will fall outside
certain limits you set. We suggest that you contact the person you are going to pay directly to discuss this matter.
If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled,
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and we do not do so, we will be liable for your losses or damages. The Bank will honor only the exact information
given us; otherwise, the Bank is not responsible.
ELECTRONIC BANKING
The following disclosures are made to you in order to explain electronic banking terms and conditions. Electronic
banking includes all use of the Jeanie®, Plus System®, NYCE® Network, Pulse®, Star® Systems, Visa®, MasterCard®,
Cirrus®, or other access terminals, including point of sale terminals, whether or not the electronic terminal is involved
at the time of the transaction, the use of telephone bill payment service, the use of a Fifth Third Bank ATM or Fifth
Third Bank Telephone Banking to transfer money, use of Fifth Third Internet Banking to transfer money or pay bills, the
deposit of government payments such as Social Security and payroll payments and other deposits to your accounts if
these deposits are received by the Bank electronically, and the withdrawal of money from your account to pay insurance
premiums or other bills if these withdrawals are made electronically and have been preauthorized by you in writing.
Any account holder (Customer), whether individually or jointly, may utilize the transfer or payment capabilities of
any electronic banking product offered by Bank. Customer agrees to keep confidential all account and personal
identification information necessary to utilize any electronic banking product. Customer agrees that any other User of
electronic banking services is authorized or permitted by Customer to make transfers from Customer’s account upon
transmitting the applicable account or personal identification information until Customer has taken all steps necessary
to revoke such authorization by preventing such use by any User. Customer assumes responsibility for all transactions
arising from use of any electronic banking product by any User whether such use is with an electronic transfer device,
touchtone phone, Internet access product or line of credit.
Each customer agrees to pay Bank for all purchases made, services rendered, and cash or funds advanced by or to
any User using electronic banking. This liability will be joint and several as to all joint Customers. Except as specifically
prohibited by law or regulation, Customer hereby waives as against Bank all claims, defenses, rights and offsets of
Customer or User now or hereafter existing against any merchant or other payee for services or merchandise acquired
through any electronic banking product. All transactions arising out of use of electronic banking will be controlled by
the terms of all applicable account agreements, other contractual relationships with Bank and all Rules and Regulations
Applicable to All Fifth Third Accounts and Cards, as amended from time to time. Bank reserves the right to refuse or
terminate Customer’s permission to use electronic banking at the sole discretion of Bank.
Electronic banking transfers and payments are subject to the limitations contained in the section of these rules entitled
Disclosures of Type of Available Transfers and Limits on Transfers. Customer authorizes the disclosure to any merchant or
other payee of the information relating to the Customer’s accounts as is reasonably necessary to operate the electronic
banking service. The laws of the United States and the State of Ohio govern this Agreement regardless of the Customer or
User’s place of residence and all transfers are agreed to be originated within the State of Ohio. Customer and User hereby
consent to service of process, personal jurisdiction and venue in the state and federal courts in Cincinnati, Ohio and
Hamilton County, Ohio, and select such courts as the exclusive forum with respect to any action or proceeding brought
to enforce any liability or obligation under these Rules & Regulations Applicable to all Fifth Third Accounts and Cards.
Please understand that not every automatic or preauthorized deposit or withdrawal is done electronically. Many of
these transactions are done by the third party mailing to the Bank a check or draft and, therefore, are not covered
by the following disclosures. However, all debit card transactions are covered, even if an electronic terminal is not
involved at the time of transaction. Also, you have received separate disclosures for your line of credit account.
In these electronic banking disclosures, several words are used repeatedly. These words are defined as follows:
BANK—As used herein, the term “Bank” shall mean any affiliate of Fifth Third Bancorp; the term “Customer” shall
mean the person or persons in whose name the account is carried on the books of the Bank and shall include the
masculine, feminine, and neuter genders and the plural as well as the singular wherever the context so permits.
CARD—The term “Card” shall mean one or more plastic credit or debit cards or any other access device issued
or approved by the Bank for use in conjunction with a money dispensing machine, banking terminal, electronic
funds transfer device, internet access product, line of credit account or any credit or debit program at Bank.
DEPOSIT—Any transfer of money into your account.
ELECTRONIC BANKING DELIVERY SYSTEMS—allow you to access your accounts using automated tellers,
touch-tone phones or other devices by which you make deposits, transfers or withdrawals from your account.
TELEPHONE BANKING—Allows you to access your account using any touch-tone phone.
WITHDRAWAL—Any transfer of money out of your account in cash or for payment to a third party.
VISA—Allows you to access any device identified with a Visa logo.
JEANIE NETWORK—Allows you to access any device identified with the Jeanie network logo
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PLUS SYSTEM—Allows you to access any device identified with a Plus System logo.
STAR SYSTEMS—Allows you to access any device identified with the Star Systems logo.
NYCE NETWORK—Allows you to access any device identified with the NYCE Network logo.
PULSE NETWORK—Allows you to access any device identified with the Pulse Network logo.
MASTERCARD—Allows you to access any device identified with a MasterCard logo.
ELECTRONIC TRANSFER—Any electronic banking transaction, including deposits or withdrawals accomplished
electronically, as well as all transfers resulting from debit card transactions, even if an electronic terminal is not
involved at the time of the transaction.
FIFTH THIRD INTERNET BANKING—Allows you to access your account using any personal computer via the Internet.
CIRRUS—Allows you to access any device identified with the Cirrus System logo.
® Reg. U.S. Pat. & T.M. Off.
WIRE TRANSFERS
If you wish to use the Bank’s wire transfer service, the following terms and conditions shall govern all transactions
for acceptance and processing of your payment orders, credits and related requests. Unless otherwise defined
below, the terms used in this Agreement shall have the same meaning as set forth in Article 4A of the Uniform
Commercial Code of the state in which your account or relationship is maintained.
1.SCOPE
a. Service description. The Bank, subject to its then current security procedures, will execute wire transfers in
accordance with requests from Customers whether such requests are written, oral, telephonic, or via an automatic
transfer device. Funds must be available in the account specified in the request at the time the request is made.
The Bank will not search for funds in accounts other than the one(s) specified in the request.
b. Payment to Bank. Unless otherwise agreed to in writing, Customer must pay Bank the amount of the wire transfer,
plus any applicable fees, before Bank will execute Customer’s request. Fees applicable to wire transfers are printed in
the Fifth Third Pricing and Services at a Glance section of this brochure, and are subject to change from time to time at
the sole discretion of the Bank.
c. Acceptance and execution of request by Bank. Customer’s request is considered accepted by Bank when
Bank executes it. Customer acknowledges that the Bank maintains deadlines for accepting wire transfer requests.
If Customer’s request is received prior to the deadline, it will be executed by Bank that wire transfer business day. A
Customer’s request received after the deadline may be executed the next wire transfer business day. Wire transfer
deadlines are subject to change from time to time at the sole discretion of the Bank. No instructions or other restrictions
limiting Bank’s acceptance of Customer’s request(s) shall be effective unless accepted and agreed to in writing by Bank.
However, Bank at its option may elect to act consistently with such instructions or other restrictions which it believes
in good faith were made by Customer. Customer is responsible for the accuracy of the initial communication of the
payment order, as well as the accuracy of any documentation or callback of the payment order made by the Bank. The
Bank is authorized to rely on any payment order believed by the Bank in good faith to have been given by Customer. We
may handle payment orders received from Customers in any order selected by the Bank. Unless otherwise instructed by
Customer, we may use any means, intermediaries or funds transfer systems (which may have operating rules governing
the execution of payment orders) to effect the transfer as Bank, in its sole discretion, shall decide.
d. Rejection of wire transfer. Bank has no responsibility to accept any incoming wire transfer for Customer’s benefit.
Likewise, Bank has a right to reject Customer’s request for an outgoing wire transfer for reasons including, but not limited to,
insufficient funds or insufficient available funds in the account specified in the request. If Bank is unable to execute the wire
transfer, or if Bank is unable to verify the authenticity of Customer’s request, Bank will notify Customer by phone or mail.
e. Cancellation or amendment of wire transfer. Customer may not be able to cancel or amend a request after
it is received by Bank. However, Bank may at its discretion use reasonable efforts to act on Customer’s request
for cancellation or amendment, provided that the method by which Customer notifies Bank of the request for
cancellation or amendment complies with Bank’s security procedures. However, Bank shall have no liability if such
cancellation or amendment is not effected. Furthermore, Customer agrees to indemnify and hold Bank harmless
from any and all liabilities, costs, and expenses Bank may incur in attempting to cancel or amend the wire transfer.
f. Erroneous request. Customer acknowledges and agrees that when Customer provides Bank with a name and
account number when requesting a wire transfer, that payment may be made solely on the basis of the account
number even if the account number identifies a beneficiary different from the beneficiary named by Customer.
Customer furthermore agrees that its obligation to pay the amount of the wire transfer to Bank is not excused in such
circumstances. Likewise, wire transfers received by the Bank for Customer’s benefit may be paid by Bank solely on the
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basis of account number. Customer agrees that Bank shall not be responsible for any delay arising out of Bank’s attempt
to reconcile inconsistencies between name and account number, or otherwise investigate suspected irregularities.
g. Provisional payment. Any credit Bank gives to Customer for a wire transfer is provisional until Bank receives
final payment for the amount of the wire transfer. If Bank does not receive final payment for the wire transfer,
Customer agrees to refund to Bank the amount of transfer.
h. Account statements. All wire transfers will be reflected on Customer’s periodic bank statement. Customer
should review each statement or other such Bank notice for any discrepancies in connection with wire transfers.
If Customer believes a wire transfer is wrong, or needs more information about a wire transfer, Customer must
contact Bank in writing upon discovery of the error or within 30 days after the statement mailing or was made
available to customer date. Failure to do so will relieve Bank of any obligation to pay interest on or otherwise
compensate Customer for amount of an unauthorized or erroneous wire transfer.
i. Recording and records. Customer authorizes Bank, at Bank’s discretion, to record electronically all telephone
calls between Bank and any person acting on Customer’s behalf, and to keep those recordings as long as Bank
considers it necessary. If Bank’s records about a request are different than Customer’s records, Bank’s records will
govern. Bank’s records include its written records and any tape recordings about wire transfers.
j. International payments. Orders for the transfer of U.S. Dollars shall be paid in U.S. Dollars if transferred to a beneficiary
located in the United States. If transferred to a beneficiary located in a foreign country, the beneficiary’s bank may elect to
pay the beneficiary in foreign currency at that bank’s buying rate of exchange for wire transfers. It is Customer’s responsibility
to advise the beneficiary of this possibility. Bank may send any message relative to this order in explicit language, code or
cipher. Foreign currency transfer orders are final when made to Bank. However, pursuant to the request of the originator, and
if possible, Bank may cancel or amend any order before the transfer is made. Bank shall incur no liability if it is unable, for
any reason, to cancel or amend an order. Refunds of U.S. Dollar orders shall be in the U.S. Dollar amount. Refunds of foreign
currency orders shall be in the amount of U.S. Dollars that can be bought for the foreign currency amount at its then current rate
of exchange. The originator bears all risk of loss due to the fluctuation in the rate of exchange. No transfer fee shall be refunded.
2. LIMITATION OF LIABILITY AND INDEMNIFICATION
Customer expressly agrees that Bank shall be liable to you only for its negligent performance or non-performance of
the service provided pursuant to these terms and that our responsibility shall be limited to the exercise of reasonable
and ordinary care. Bank shall not be liable for any errors or delays on the part of any third party, including without
limitation, third parties used by Bank in executing a payment order or performing a related act due to any cause
other than our failure to exercise reasonable and ordinary care, and no such third party shall be deemed to be our
agent. Bank shall not be liable for its refusal to honor any request if, in good faith, it is unable to satisfy itself that such
request is valid, based upon our adherence to procedures. IN NO EVENT SHALL BANK BE LIABLE FOR SPECIAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EXCEPT AS MAY BE OTHERWISE PROVIDED BY LAW
EVEN IF BANK SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Except as may be limited
by applicable law, Customer agrees to indemnify Bank and hold it harmless (including the payment of reasonable
attorneys’ fees) against all liability to third parties arising out of, or in connection with, the terms and conditions
of these procedures and the services provided hereunder or otherwise pursuant to Customer’s instructions. Bank
reserves the right to reverse a wire transfer before credit is given upon request from the originator of the transfer.
ELECTRONIC CHECK CONVERSION
You may authorize a merchant or payee to make a one-time electronic payment from your checking account
using information from your check to pay for purchases or to pay bills.
ELECTRONIC CHECK REPRESENTMENT
A check may be represented from a person’s bank to whom Customer has written a check which Bank has
returned to that bank by electronic representment. If Bank receives an Represented Check Entry (RCK), Bank
will pay or return the RCK as if the original paper check were being represented to us. The information relating
to “Electronic Funds Transfers” in this Rules and Regulations Brochure will not apply to these transactions. The
following conditions must be met for an RCK to be charged to Customer’s account: 1) the RCK must relate to
a paper check drawn on an account that was returned unpaid because of insufficient or uncollected funds; 2)
the paper check must not have contained an unauthorized signature or an alteration and must not have been a
counterfeit; 3) a stop payment must not have been placed on the paper check after it was returned unpaid but
before it was collected electronically; 4) the paper check must have been less than $2,500; 5) the paper check
must have been dated 180 days or less before the date on which the RCK is presented to Bank; 6) the RCK must
be for the face amount of the paper check only and may not include any collection fee charged by anyone; 7) the
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payee of the paper check must have given you notice that, if the paper check is returned by Bank, the paper check
could be collected electronically; and 8) the RCK must have been sent to Bank no more than twice after the first
time Bank returned the paper check, or no more than once after the second time Bank returned the paper check.
Customer may request the original paper check from the payee’s bank by requesting so in writing within 60 days
of the date in which the RCK was charged to Customer’s account.
ELECTRONIC PRESENTMENT OF CHECKS
Under certain circumstances your check information can be converted to electronic information by merchants, banks or others.
Electronic information may be used to debit your account electronically. Merchants may use check information such as routing,
account and serial numbers to make an electronic presentation against your account and the check may not be returned to you.
These types of transactions may occur at point-of-sale purchases or where checks are submitted to a lock box for processing.
In other circumstances, checks you wrote returned for insufficient funds or uncollected funds and represented for payment
electronically by the payee’s bank are not covered under Regulation E. Electronic representments will appear as separate
entries on your statement with appropriate descriptions. If any of your checks are converted to an electronic presentment
by others, we shall have no liability to you should we fail to honor any stop payment order you have placed on the check.
Also, we shall have no liability to you for duplicate payments if a paper check and an electronic re-presentment
are both presented. This limitation of our liability to you in no way affects your legal right to dispute an electronically
presented item under applicable rules and regulations, nor does it affect your legal rights to recover a duplicate
payment from the third party payee.
AUTO BILLPAYER TERMS AND CONDITIONS
This service is governed by the terms and conditions contained within the Rules and Regulations Applicable to
all Fifth Third Accounts, the Auto BillPayer Activation Form and any other agreements related to this Service. The
initial use, signing or other acceptance of this service by you or someone authorized by you to initiate a Payment
constitutes acceptance of the terms and conditions. To Contact Us:
Call: 1-800-837-2000 during business hours (8:00 a.m. to 5:00 p.m. EST). Press 0# at any time during the call to
speak with a customer service representative. You can access your account and check your payment transfer status
24 hours a day, seven days a week using the BillPayer Direct helpline by calling the telephone number listed above.
Or Write: Auto BillPayer, P.O. Box 630900, Cincinnati, Ohio 45263-0900
1.MEANING OF TERMS
“Automatic Payment” means a pre-authorized Payment initiated by the Service in accordance with any applicable
Payment Parameters and on a predetermined schedule based on information supplied by the applicable Merchant.
“Bank Account” means a checking or any other account which can be debited and credited through the Automated
Clearing House Association (“ACH”) or such other means approved by Company.
“Company” means Fifth Third Bank. The terms “we”, “our”, and “us” also refer to Company.
“Customer” means you or someone authorized by you to use the Service. The terms “you” and “your” also refer to Customer.
“ID” means the number assigned to you that will identify you to the Service.
“Maximum Amount” means the maximum dollar amount of a Payment which can be initiated for a particular Merchant.
“Minimum Interval” means the time period within which only one Payment can be initiated for a particular Merchant.
“Merchant” means a third party approved by us and to whom we will initiate transfers of funds based on Payments.
“Password” means the personal security code issued by us, or selected by you, and used in connection with the
ID to gain access to the Service.
“Payment” means the transfer of funds, based on your instructions which are accepted by us, from your Bank Account
to us for a Merchant including an Automatic Payment or Payment initiated manually by you through the Service.
“Payment Parameters” means a Maximum Amount, Minimum Interval and/or other payment parameters supported
by the Service and applicable to a given Merchant.
“Service” means the then current Auto BillPayer services supported by Company.
2. THE SERVICE
(a) General. You may use the Service to provide us instructions to initiate Payments for Merchants. You agree to
use the Service in accordance with these terms and conditions and the rules, procedures and system operations
established or used by us from time to time. You authorize us to debit and credit your Bank Account without notice
for all Payments, fees, charges and other amounts specified herein and to transfer funds on your behalf to Merchants
which, at our discretion, may be by check, electronic credit through the ACH or such other means acceptable to us.
We reserve the right to refuse to initiate a Payment which is in violation of these terms and conditions or our then
22
current rules, procedures or system operations established or used by us from time to time.
(b) Using the Service. You should not disclose your ID or Password to anyone, including any employee of a
Merchant. If you write your ID or Password down, you should keep it in a safe place. NEVER WRITE YOUR
PASSWORD OR ID TOGETHER OR KEEP ANY WRITTEN RECORD OF YOUR PASSWORD ON ANY MATERIAL
WHICH IS KEPT WITH OR NEAR YOUR ID.
(c) Prenotification. When you initially sign up for the Service or make changes, Payments may not be able to be
initiated while your initial information or changes are being verified.
(d) Scheduling Payments. You are solely responsible for providing the proper instructions to the Service so that
each transfer of funds on your behalf to a Merchant, which results from a Payment, is received by the Merchant
on or before the applicable due date. It is recommended that you instruct the Service to initiate the Payment at
least 10 business days prior to its due date. For each Payment, you are solely responsible for insuring that your
Bank Account is properly debited for the amount of the Payment (plus the applicable fees) and that your account
with the Merchant is properly credited. If your scheduled payment due date falls on a weekend or holiday, your
transaction will be processed on the prior business day to ensure payment is received on time.
(e) Automatic Payments. You acknowledge that certain Merchants may be providing us with information to be used
to initiate Automatic Payments such as the Payment amount and Payment due date, and you understand that we are
not responsible for the quality, accuracy, and adequacy of any information supplied by Merchants or other third parties.
(f) Stop Payments. Subject to our rules, procedures, system operations and our agreement with the applicable
Merchant, you may be able to establish one or more Payment Parameters for one or more Merchants. If you do
not establish your own Payment Parameters for such a Merchant, then we will use the Service default Payment
Parameters which may change from time to time without notice. If a scheduled Payment for a Merchant exceeds
or violates any payment Parameter (whether set by you or the Service default), then you hereby, pursuant to these
terms and conditions and without further action on your part, (i) elect to stop payment on such scheduled Payment;
and (ii) instruct us not to initiate the Payment. In any such case, you should make other arrangements to pay the
Merchant. You are solely responsible for monitoring applicable Payment Parameters for each applicable Merchant.
(g) Assignment. You may not assign any of your rights or obligations in connection with the Service, but we may
assign any or all of our rights or delegate any or all of our duties at anytime and without notice.
3. OTHER COVENANTS AND OBLIGATIONS
(a) Your Bank Account. You are personally and absolutely obligated to pay us the amount of each Payment initiated,
the applicable fees and all other obligations herein, and you must always maintain an open Bank Account with a
sufficient balance of cleared funds to cover all such amounts. If for any reason an amount is not paid in full from
your Bank Account upon the initial presentment, we may, at our option and without notice, re-present such amounts
against your Bank Account or treat such situation as a stop payment instruction from you and take no further action.
(b) Changes in Your Bank Account or Mailing Address. You must give us advance written notice if any information
you supplied changes, including but not limited to your name, address, Bank Account number or Merchant account
number or if your Bank Account is closed, inactive or inaccessible for any reason. You are solely responsible for
any Payments not initiated or initiated late, and any fees imposed by us or Merchants resulting from your changes
or our inability to initiate a transfer on your behalf.
(c) Your Bank Account & Merchants. You represent and warrant to us that you are at all times the owner of the
Bank Account and have full authority to access, transfer and withdraw funds from the Bank Account.
(d) Waiver. The participation of Merchants in the Service shall in no way constitute an endorsement or a
recommendation by us of such Merchant. We are not responsible for any damage, loss, expense or otherwise arising
out of goods or service acquired by use of the Service, and you hereby waive any claim against us related to the
same. You will not deduct from any amounts you owe us any amounts you believe are owed to you by a Merchant.
(e) Amendments. We reserve the right to change the Service, these terms and conditions and/or the rules,
procedures and system operations at any time and without notice unless otherwise required. Any change shall
become effective on the date determined by us. If we are required to give you written notice of a change, we will
mail such notice to you at the last address shown in our records for the Service. YOUR USE OF THE SERVICE
SUBSEQUENT TO THE EFFECTIVE DATE OF ANY SUCH CHANGE CONSTITUTES ACCEPTANCE OF ANY NEW
OR DIFFERENT TERMS. There may be additional terms, conditions and/or agreements governing the Service and/
or other services you receive from us, and you agree to all such terms and conditions.
(f) Authorization of Another Person. If you have authorized another person to use the Service and/or to access your
Bank Account, that authorization shall be deemed to include the authorization to initiate Payments or anything else
23
permitted herein, and such authorization shall be deemed to continue until you have taken all steps necessary to
revoke it and we have received written notice of such revocation from you.
(g) Disputes. You agree that all disputes and matters whatsoever arising under, in connection with or incident to the Service
or this Agreement shall be litigated, if at all, in and before a Court located in the State of Ohio, county of Hamilton, to the
exclusion of the Courts of any other state or county, and shall be governed by the laws of the State of Ohio to the exclusion
of all other state laws. If any provision of this Agreement or any application thereof shall be invalid or unenforceable, the
remainder of the Agreement and any other application of such term or provision shall not be affected thereby.
(h) Termination. You can terminate your use of the Service in its entirety or for a particular Merchant at anytime by
notifying us. To terminate the Services in its entirety, you must notify us in writing. We reserve the right to cancel,
suspend, revoke, or terminate your use of the Service, in full or in part, at any time without notice. A Merchant
may, at any time and without notice, discontinue its participation in the Service and/or suspend your participation
in the Service, and, in such events, we shall not be responsible for any Payment not initiated. Upon termination,
for whatever reason, you must not use the Service thereafter in its entirety or for a particular Merchant, as the
case may be. Use of the Service after you are aware of termination is fraudulent and may subject you to legal
proceedings. Regardless of termination, these terms and conditions shall remain in effect for all Payments paid
through the Service, and termination shall not affect your liability for obligations occurring prior to such termination.
Upon termination, you are solely responsible for determining which Payments have been initiated or not initiated
by the Service and for taking whatever action outside the Service as may be necessary with respect to Merchants.
(i) Limitation of Liability. Except as required by applicable law, we shall not be responsible or liable for any loss,
injury or damage, whether direct, indirect, incidental, special, consequential or punitive, arising in connection with
the Service. Without limiting the foregoing, in no event shall we be responsible for any damages caused by the
action or inaction of you, Merchants, financial institutions or others or arising in any way out of the goods or services
provided by Merchants, any termination of the Service or a Merchant, any delays in the posting of any Payment
to your account at the Merchant, any of your instructions which are not timely, accurate or accepted by us, the
information supplied by Merchants, financial institutions or others or anything beyond our reasonable control.
4. Fees, Costs and Expenses
(a) Fees. There is no payment processing fee. See Special Fees section for a list of fees that apply to all consumer accounts.
We reserve the right to impose other fees or charges at anytime on all or selected portions of the Service.
(b) Costs and Expenses. You are responsible for paying us for all costs and expenses that we incur in enforcing
these terms and conditions, including but not limited to court costs and expenses and reasonable attorney fees.
5. Disclosures.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE SERVICE MUST BE DIRECTED TO US AT THE
PHONE NUMBER OR ADDRESS LISTED ABOVE.
(a) Customer’s Liability for Unauthorized Transfers. TELL US AT ONCE if you believe your ID and/or Password
has been lost or stolen. Telephoning is the best way of keeping your possible losses to a minimum. You could lose
all the money in your Bank Account. If you tell us within two (2) business days, you can lose no more than $50.00
if someone used your ID and/or Password without your permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your ID and/or Password,
and we can prove we could have stopped someone from using your Password without your permission if you had
told us, you could lose as much as $500.00.
Also, if your financial institution statement, Company statement and/or any other records or statements show
transfers that you did not make or which were not authorized by you, TELL US AT ONCE. If you do not tell us within
60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we
can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason
(such as a long trip or hospital stay) kept you from telling us, we will extend the time periods for a reasonable time.
(b) Disclosure of Telephone Number and Address to be Notified in Event of Unauthorized Transfer. If you
believe your ID and/or Password has been lost or stolen or that someone has transferred or may transfer money
from your Bank Account without your permission, call or write us immediately at the phone numbers and address
at the beginning of these terms and conditions.
(c) Disclosure of What Constitutes Business Day of Company. Company’s business days are Monday through
Friday, except Federal Reserve Bank holidays on which we are closed.
(d) Disclosures of Types of Available Transfers and Limits on Transfers.
24
1. Bank Account access. Subject to our rules, procedures, system operations and our agreement with the
applicable Merchant, you may use your ID and Password to: (1) initiate Payments directly by touchtone telephone,
by interaction with a customer service representative or by another means approved by us from your Bank Account
in the amounts and on the days you request; (2) Provide advanced instructions to us for Automatic Payments from
your Bank Account; (3) Cancel or modify Payments to be initiated or reverse Payments previously initiated by the
Service; and/or (4) Provide and update instructions regarding Payments which may include changing Payment
Parameters for particular Merchants and/or altering the timing of a particular Payment. Some of the foregoing
features may not be available through the Service and/or may not be available for all Merchants
2. Limitations on frequency of transfers. (1) You may use the Service to initiate Payments only to those Merchants
which have been approved by us. (2) Payments to certain Merchants may be subject to certain Payment Parameters
(e.g., Minimum Interval) which may be selected by you, or, if not selected by you, will be established by us and may
change from time to time without notice. (3) We recommend that you will only instruct us to initiate Payments from
individual or joint personal Bank Accounts that have no restrictions on the number or type of transfers permitted in any
one-month or equivalent period; other account types may have limitations on the number or type of transfers permitted
in any one-month or equivalent period which may result in the inability to initiate Payments from your Bank Account.
(4) We reserve the right to temporarily or permanently suspend the Service without notice, including but not limited to
ceasing the initiation of Payments, if you are delinquent in any of your obligations to us. (5) For security reasons, we may
limit the type, number or dollar amount of any transfers, Payments or other transactions supported by us notwithstanding
the amount in your Bank Account, and we may temporarily or permanently suspend the Service without notice unless
otherwise required by law or regulation, including but not limited to ceasing the initiation of Payments.
3. Limitations on dollar amounts of transfers. (1) Payments to certain Merchants may be subject to certain Payment
Parameters (e.g., Maximum Amount) which may be selected by you, or, if not selected by you, will be established by
us and may change from time to time without notice. (2) You may not instruct that a Payment be initiated from a Bank
Account which contains insufficient funds to cover the amount of the Payment plus any applicable fees.
(e) Error Resolution Disclosure. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS OR
PAYMENTS, contact us at the address or phone number shown at the beginning of these terms and conditions as soon as
you can if you think your statement is wrong or if you need more information about a transfer on the statement. We must hear
from you no later than sixty (60) days after the FIRST statement on which the error or problem appeared was sent to you.
1. Tell us your name, ID, Merchant’s name and account number with Merchant.
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe there
is an error or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or questions in writing within ten (10) business
days. We will tell you the result of our investigation within ten (10) business days after we hear from you and will
correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate
your complaint or question. If we decide to do this, we will re-credit your Bank Account and reverse the Payment
within ten (10) business days for the amount you think is in error, so that you will have the use of the money during
the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we
do not receive it within ten (10) days, we may not re-credit your Bank Account
If we decide that there was no error, we will send you a written explanation within three (3) business days after we
finish our investigation. You may request copies of the documents that we used in our investigation.
(f) Disclosure of the Right to Receive Documentation of Transfers.
1. Preauthorized Credits. If you arrange to have direct deposits made to your Bank Account at least once every sixty
(60) days from the same person or company, you can call us to find out whether or not the deposit has been made.
2. Periodic Statements. You should get a monthly Bank Account statement from us in any month in which an
electronic transfer has occurred. If there is no electronic activity on your Bank Account, you should receive a Bank
Account statement from us at least quarterly.
3. Each Merchant, not us, is responsible for providing you any notice in accordance with applicable law.
For example, Merchants may be required to provide you with advance written notice if your Automatic Payment
varies in amount from period to period. We will not provide you with any written or other notice of debits or credits
to your Bank Account including any notice of debits for Payments or applicable fees. You must look solely to the
Merchant, and not us, regarding any dispute arising in connection with any failure to provide notice, lack of timely
notice, lack of proper notice, or lack of adequate notice under applicable law or otherwise.
(g) Disclosure of Company’s Liability for Failure to Initiate Transfers. We will use our best efforts to properly
25
complete any Payments properly initiated by you through the Service. If we do not complete a transfer to or from
your Bank Account on time or in the correct amount according to our agreement with you, we will be liable for your
losses not to exceed the amount of the transfer. However, there are some exceptions. We will NOT be liable, for
instance, if: (1) Through no fault of ours, you do not have enough money in your Bank Account to initiate the transfer
and applicable transfer fees or the funds in your Bank Account are subject to legal process or other encumbrance
restricting such transfer; (2) The Service was not working properly and you knew about the malfunction when
you started the transfer; (3) Circumstances beyond our control (such as fire or flood) prevent the transfer, despite
reasonable precautions that we have taken; (4) The Merchant has failed to perform one or more of its obligations to
us which is necessary to initiate a Payment transfer; (5) The Merchant incorrectly posts, or fails to post, a Payment
transfer sent by us to Merchant; (6) The failure is due to the fact that you have not provided us with the correct
information which is necessary to complete the transfer; (7) There is an allegation of fraudulent activity concerning
your account; (8) The Bank Account which is involved in the transfer is closed, frozen or otherwise unable to be
accessed; (9) The Merchant that is the beneficiary of the transfer refuses to accept the Payment for whatever
reason; (10) The transfer is not honored by your financial institution for whatever reason; or (11) There may be other
exceptions in these terms and conditions or in our rules and procedures in effect from time to time.
(h) Disclosure of Right to Stop Payment of Preauthorized Transfers.
1. Right to stop payment and procedure for doing so. If you have told us in advance to initiate Automatic
Payments from your Bank Account, you can stop any of these payments. Here’s how:
a. Call us at the number at the beginning of these terms and conditions in time for us to receive and process your
request before 5:00 pm E.T. of the day on which the Payment is scheduled to be initiated by the Service, and we
may also require that you put your request in writing and get it to us within fourteen (14) days after you call; or
b. Write us at the address at the beginning of these terms and conditions in time for us to receive your request
three (3) business days or more before the Payment is scheduled to be initiated by the Service. We may charge
you, in accordance with the above fee schedule, a fee for each stop payment order you give.
2. Notice of varying amounts. If these Automatic Payments vary in amount, the Merchant you are going to pay
may be required to tell you, ten (10) days before each payment, when it will be due (from which you can calculate
when it will be initiated by the Service based on parameters you supply) and how much it will be. You may choose
instead to get this notice only when the Automatic Payment would differ by more than a certain amount from the
previous payment, or when the amount will fall outside certain limits (e.g. Maximum Amount).
3. Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these Automatic
Payments in accordance with 5.(h)1. above, and we do not do so, we will be liable for your losses or damages not to
exceed the amount of the transfer. We will honor only the exact information given us; otherwise, we are not responsible.
IMPORTANT INFORMATION REGARDING
ELECTRONIC COMMUNICATION
If you have consented to accessing your periodic statement information electronically:
• You understand and agree that Fifth Third Bank will provide all of your periodic statement information, including
notices about changes to your account, in electronic form.
• In order to access your periodic statement information electronically, you must operate a browser version that
supports Secure Sockets Layer encryption technology, frames, cookies, and JavaScript. The Fifth Third Bank Web
site, www.53.com, is optimized for use with 7.x or higher browser versions of Microsoft® Internet Explorer, Mozilla
Firefox 4.x or higher, and Safari™ for MacIntosh® v5.1 or higher and 16 bit color (high color) at 1024 x 768 resolution.
• If you would like a paper copy of any periodic statement please complete the online form from the Contact Us
page available at www.53.com, call 513-358-5353 or 1-800-972-3030 or contact your Banking Center. We may
charge for each periodic statement copy you request.
• You may elect to withdraw consent to receive your periodic statements in electronic form. However, if you have
opened an e53 Account, we will convert this account to another account type with similar features. To withdraw
consent, please complete the online form from the Contact Us page available at www.53.com, call 1-800-9723030, or contact your Banking Center.
• Should you consent to accessing your periodic statement information electronically and do not accept the terms via internet
banking at www.53.com within 60 days from account opening or consent, your periodic statements may be mailed to you.
• When selecting a password to access your Fifth Third accounts, please do not use nicknames or birth dates
that may be easy to guess, use a combination of letters and numbers, change your password periodically, never
share your password with anyone and always log off of the site when you are finished.
26
IMPORTANT INFORMATION ABOUT
SUBSTITUTE CHECKS & YOUR RIGHTS
If you are a consumer customer who receives paid checks with your periodic account statements:
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 the original 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 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 at Fifth Third Bank, 38 Fountain Square Plaza, Risk Bank Protection Support.
Bancorp; 5001 Kingsley Drive, MD 1MOB23, Cincinnati, Ohio 45263. 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: the check number, the name of the person to whom you wrote the check, and the amount of the check.
• A copy of the substitute check and/or the following information to help us identify the substitute check: the
check number, the name of the person to whom you wrote the check, and the amount of the check.
FREE SERVICES THAT APPLY TO ALL ACCOUNTS
Check and Statement Safekeeping
Direct Deposit
Free Internet Banking and Bill Payment at www.53.com
Free Fifth Third ATM/POS Transactions
27
Consumer Accounts
Fifth Third Pricing and Services at a Glance
Simple. Straightforward. Transparent.
Account Opening and Usage
Minimum Deposit Needed $50
to Open Account
Checking: Monthly Service Charge eAccess: No monthly service charge.
Essential Checking: $11 or $8 with monthly direct deposit of $500
or more.
Established Checking: $15
Enhanced Checking: $20
Preferred Checking: $25
Checking: Requirements to Waive Monthly Service eAccess: No monthly service charge.
Charge Essential Checking: Combined monthly average of $1,500 across
checking and savings, or a student or U.S. Military member with
monthly direct deposit totaling $500 or more.1
Established Checking: Combined monthly average balance of
$5,000 across your deposit and investment* accounts, or spend
at least $500 per month on a Fifth Third credit card, or have an
existing Fifth Third personal mortgage, auto loan, or line of credit
with an outstanding balance.2
Enhanced Checking: Combined monthly total of at least $20,000
across your deposit and investment* accounts.3
Preferred Checking: Combined monthly total of $100,000 across
your deposit and investment* accounts.4
Interest Rate Accounts Earning Interest: Enhanced Checking, Preferred
Checking, and all Savings accounts. Please see rate sheet.
ATM Fees – Fifth Third $0 - No charge to use Fifth Third ATMs
Non Fifth Third ATM Transactions $2 for U.S. transactions and $5 for International transactions.
(Fees are waived for Military and Preferred accounts.)
International POS/ATM 3% of transaction amount.
Transaction Fee
(to cover currency conversion)
Dormant Account Monthly Fee $5 per month dormant (Fee will be assessed for no deposits or
withdrawals for the period of 12 months for checking accounts
and 36 months for savings accounts. Fee not assessed if balance
is greater than $2,500.)
Account Closure Fee $0 No charge
Overdraft Fees and Returned Payments
Checking and Savings
Account Overdraft Fee
Per item overdraft fees are based on the number of
overdraft occurrences in the past 12 months.
For the first occurrence, you will be charged $25 per item. For any
other occurrence, the cost is $37 per item. No per item overdraft
fees are charged when your account is overdrawn $5 or less at the
end of our business day. You will not be charged for more than 10
items per day.
Extended Overdraft Fee $0 No charge
28
Overdraft Fees and Returned Payments (continued)
Overdraft Protection Overdraft Protection transfer fee: $12 per transfer.
If you are enrolled in Overdraft Protection, funds
are moved automatically from one of your other
Fifth Third Bank accounts to help you avoid being
overdrawn.
Debit/ATM Overdraft
Coverage Options
With Overdraft Coverage, debits and payments
may be made even if you do not have enough
money in your account.
• Overdraft Coverage for Checks and Automatic
Debits comes standard with most checking
accounts (overdraft fees apply).
When you opt-in to Overdraft Coverage (ATM/Debit Card),
overdraft fees may apply to these transactions.
When you choose not to opt-in to Overdraft Coverage (ATM/Debit
Card), your card transactions are denied and no overdraft fees are
applied to those transactions.
• Overdraft Coverage for ATM transactions and Debit
Card purchases is optional and requires enrollment.
Charged Off Account $30 per account
Representment Of A Check $3.75 per item
Other service fees
Account Information
ATM Mini Statement
Copy Of Statement Per Request
(retrieve existing or
create custom statement )
Copy Of Check Images Mailed
With Monthly Statement
Copy Of Check Per Request
Research
$1.50 per request
$5 per copy
$2 per month (Fee waived for Preferred and Private Bank accounts)
$5 per copy
$5 per copy; $25 per hour
Payment Information
Return Deposited Item
Stop Payment Fee
Counter Check
Money Orders
Official Checks/Cashier Checks
Wire Transfer (Domestic)
Wire Transfer (International)
$15 per item
$33 per item
$1 per check
$1.25 each
$7 each (Fee waived for Preferred and Private Bank accounts)
$15 incoming; $25 outgoing
$15 incoming; $45 outgoing
Card Services
$0 No charge
$3.95 (Fee waived for Preferred accounts)
$5 First annual fee is assessed at card opening and then on each
open anniversary date thereafter. (Fee waived for: Enhanced,
Established, Preferred and Private Bank accounts)
$10 (i.e. sports affiliates, zoo cards, etc. Zoo card fee waived for:
Enhanced, Established, Preferred and Private Bank accounts. No
charge for Fifth Third Cincinnati Bengals and Nashville Predators
Debit or Credit Card.)
Card Replacement Fee $10 each
Gold Debit MasterCard®
World Debit™ MasterCard® Monthly Fee
Annual Specialty Debit Card
Design Fee
(i.e. patriotic, vacation)
Annual Affinity Debit Or
Credit Card Design Fee
Other
If You Need Us To Fax $3 per page
A Document For You
Processing Fee For Garnishment, $80
Attachment Or Levy
29
Processing Policies
Overdraft Calculation Order Daily Balance From Prior Business Day
If there is not enough money in your account at the (+) Add Credits
end of the day to cover all of your posted debits, then
(-) Deduct Posted Timestamped Debits
we consider transactions in this order.
(i.e. ATM, debit card purchases)
(-) Deduct Posted Batch Debits
(i.e. checks, Internet bill payment)
(-) Deduct Fees and Service Charges
(i.e. monthly service charge)
Please see Overdraft Calculation Order section for more details.
Funds Availability Policy Cash, Electronic Direct Deposits & Wire Transfers - Same Business
Day we receive the deposit.
When funds deposited to your account are available
Check Deposit with Teller or Check/Cash Deposit at ATM prior to
cut- off time – The first $100 from the deposit will be available on
the day we receive the deposit. Remaining funds will be available
on the first Business Day after the day of your deposit.
• In some situations we may notify you after your deposit is made
that your funds will not be available for up to 8 business days.
A Business Day is a non-holiday weekday. Funds received after
certain cut-off times may be credited the next business day.
Please see Cut-off Times and Funds Availability Policy for
Transaction Accounts section for more details.
Error Resolution Errors or Questions:
Electronic transactions and to report lost/stolen cards PIN, ACH, Signature Transactions
or password, unauthorized transfers
Phone: 1-800-972-3030
Write: Customer Service Department
Madisonville Operations Center,
Cincinnati, OH 45263
Please use appropriate Mail Drop
• PIN & ACH Transactions - MD 1MOCBK
• Signature Transactions - MD 1MOC2G
Lost/Stolen Card/Password
Phone: 1-800-972-3030
Write: Card Services Department
Madisonville Operations Center, MD 1MOC2G
Cincinnati, OH 45263
HAvE QUESTIONS? Call: 1-800-972-3030, click www.53.com
or visit your nearest Fifth Third Bank location.
1. Fifth Third Essential Checking: To waive monthly service charges, only accounts with the same owners listed are included. To
ensure your privacy all owners on a Fifth Third Essential checking account must also be listed as owners on other checking and
savings accounts to qualify toward the $1,500 combined monthly average balance requirement. Fifth Third will look back 35
days from your statement cycle date to calculate your total monthly direct deposits.
2. Fifth Third Established Checking: To waive monthly service charges, only accounts with the same owners listed are
considered. To ensure your privacy all owners on a Fifth Third Established Checking account must also be listed as owners on
other accounts to count toward the $5,000 combined monthly average balance. Combined deposits and investments include
any checking, savings, CDs, brokerage*, annuity*, and personal trust accounts. All credit loans/lines are subject to credit review
and approval. All owners on a Fifth Third Checking Account must also be listed as owners of the loan. Bond or lot loans and
overdraft lines of credit are excluded. $500 monthly credit card spend is calculated by looking at all your Fifth Third Credit Card
accounts and adding the total amount spent on any personal credit card statement(s) issued within the last 35 days. All owners
of the Fifth Third Established checking account must also be owners or co-applicants or authorized users of the credit card.
3. Fifth Third Enhanced Checking: To waive monthly service charges, only accounts with the same owners listed are considered.
To ensure your privacy, all owners on the Fifth Third Enhanced checking account must also be listed as owners on other accounts
to count toward the $20,000 combined balance. Combined deposits and investments include any checking, savings, CDs,
brokerage*, annuity*, and personal trust accounts.
4. Fifth Third Preferred Checking: A combined account balance is considered to be the sum of all checking, savings, money
market deposit accounts, bank+ and brokerage* IRAs, certificates of deposit, investment management accounts, annuities*,
and brokerage* balances. One of the Fifth Third Preferred Checking account owners must be listed as an owner on the other
accounts to count towards the $100,000 combined balance. Fees apply for some products and services in the Fifth Third
Preferred Banking Program.
Securities Disclosure: *Investments, variable annuities and brokerage accounts are offered through Fifth Third Securities, a
wholly owned subsidiary of Fifth Third Bank. Fixed annuities are offered through Fifth Third Insurance Agency Inc., a wholly
owned subsidiary of Fifth Third Bank.
Fifth Third Bank provides access to investments and investment services through various subsidiaries, including Fifth Third
Securities. Fifth Third Securities is the trade name used by Fifth Third Securities, Inc., member FINRA/SIPC, a registered
broker-dealer and registered investment advisor registered with the U.S. Securities and Exchange Commission (SEC).
Registration does not imply a certain level of skill or training. Securities and investments offered through Fifth Third Securities,
Inc. and insurance products: • Are Not FDIC Insured • Offer No Bank Guarantee • May Lose Value • Are Not Insured By Any
Federal Government Agency • Are Not A Deposit. Insurance products made available through Fifth Third Insurance Agency, Inc.
30 standard deposit insurance amount is $250,000 per depositor. Please see
*Deposit and credit products provided by Fifth Third Bank, Member FDIC. The
www.fdic.gov for insurance coverage. Fifth Third and Fifth Third Bank are registered service marks of Fifth Third Bancorp. Equal Housing Lender.
BUSINESS CHECKING ACCOUNTS
Business Checking Accounts Overdraft:
Per item overdraft fees are based on the number of overdraft occurrences in the past 12 months.
One occurrence............................................................................................................................ $25.00 per item
Two (2) to Four (4) occurrences..................................................................................................... $33.00 per item
Five (5) or more occurrences........................................................................................................ $37.00 per item
A charge of $8.00 per day is assessed if an overdraft is not paid within three (3) business days. If the account is not
brought current the daily overdraft fees will accrue as of the first day of the overdraft occurrence.
Overdraft protection transfer fee: Assessed prior 12 month usage
1-10 transfers........................................................................................................................... $10.00 per transfer
11-20 transfers......................................................................................................................... $15.00 per transfer
21 or more transfers................................................................................................................. $20.00 per transfer
The research fee for check and statement copies for business accounts is $8.00 per copy.
FEES APPLICABLE TO BUSINESS ACCOUNTS
In addition to applicable fees specified herein, including but not limited to applicable fees in the consumer
account fee section above, other fees apply to business accounts and such fees are subject to change.
Please note the minimum initial deposit for our checking or savings accounts is $50.00, unless otherwise stated.
Please note if you provide a check to a non-customer [an individual that does not have a depository account with
Fifth Third Bank], that individual may be charged a fee to cash the check at our banking centers.
Fees Applicable to Health Savings Accounts (HSA)
Refer to the Health Savings Account (HSA) Fee Schedule provided at account enrollment for applicable fees.
DORMANCY RULES AND FEES
An account becomes dormant after a period of inactivity of 12 months for a checking account and 36 months
for a savings account. Inactivity means there has been no deposit into or withdrawal from the account. See the
Fee Schedule contained herein for the fees associated with dormant accounts. Bank reserves the right to close an
account if there is a zero balance and no activity for a period of time.
31
ESCHEATED FUNDS RETRIEVAL
In Ohio:
Phone: (614) 466-4433
Write: Division of Unclaimed Funds
77 S. High Street
Columbus, OH 43266-0545
In Tennessee:
Phone: (615) 741-6499
Write: Tennessee Treasury
Unclaimed Property Division
10th Floor
Andrew Jackson State Office Building
Nashville, TN 37243-0242
In Indiana:
Phone: (800) 447-5598
Write: Attorney General’s Office
Unclaimed Property Division
219 State House,
Indianapolis, IN 46204
In West Virginia:
Phone: (800) 642-8687, Fax: (304) 558-4835
Write: Office of the State Treasurer
One Players Club Drive
Charleston, WV 25311
In Missouri:
Phone: (573) 751-0840
Write: State Treasurer’s Office
Unclaimed Property Section
P.O. Box 1004, Jefferson City, MO 65102
In Kentucky:
Phone: (502) 564-4722
Write: Unclaimed Properties
Treasury Department
Capitol Annex, Room 195
Frankfort, KY 40601
In Pennsylvania:
Phone: (800) 379-3999
Write: State Treasurer
Unclaimed Property Division
P.O. Box 1837
Harrisburg, PA 17105-1837
In Florida:
Phone: (850) 410-9253
Write: Office of Comptroller
Abandoned Property Section
Capitol Building
Tallahassee, FL 32399-0350
In Georgia:
Phone: (404) 968-0490
Write: Georgia Department of Revenue
Unclaimed Property Program
4245 International Parkway, Suite A
Hapeville, Georgia 30354
In Michigan:
Phone: (517) 335-4327
Write: Michigan Department of Treasury
Unclaimed Property Division
Lansing, MI 48922
In North Carolina:
Phone: (919) 508-1000
Write: Department of State Treasurer
325 N. Salisbury St.
Raleigh, NC 27603
In Illinois:
Phone: (217) 782-6692
Write: Illinois State Treasurer’s Office
Unclaimed Property Division
P.O. Box 19496
Springfield, IL 62794-9496
FIFTH THIRD’S COMMITMENT TO THE ADA
Fifth Third Bancorp realizes that not all people have the same needs and is making every effort to meet the needs
of our employees and customers.
Fifth Third has reassessed its business practices with the Americans With Disabilities Act guidelines in mind. A
comprehensive plan of action has been developed with an emphasis in the areas of employment, facilities and
services. Fifth Third is committed to its employees and customers and will continually review its business practices
to ensure these needs are being met whenever possible.
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ERROR RESOLUTION—ELECTRONIC TRANSACTIONS
AND TO REPORT LOST/STOLEN CARDS OR PASSWORD, UNAUTHORIZED TRANSFERS
ERROR RESOLUTION PIN & ACH TRANSACTIONS
Phone: 1-800-972-3030
Write: Customer Service Department
Madisonville Operations Center, MD 1MOCBK
Cincinnati, OH 45263
ERROR RESOLUTION — SIGNATURE TRANSACTIONS
Phone: 1-800-972-3030
Write: Customer Service Department
Madisonville Operations Center, MD 1MOC2G
Cincinnati, OH 45263
TO REPORT LOST/STOLEN CARD/PASSWORD
Phone: 1-800-972-3030
Write: Card Services Department
Madisonville Operations Center, MD 1MOC2G
Cincinnati, OH 45263
Fifth Third Privacy Notice for Commercial Customers
At Fifth Third, we understand how important it is to our customers that private information is kept confidential.
This Privacy Notice for Commercial Customers (the “Notice”) applies to Nonpublic Information about individuals
and business or other entities that seek or obtain financial products and services from Fifth Third for business
or commercial purposes (“Commercial Customers”). This Notice does not apply to information received from
consumers who seek or obtain financial products or services from us for personal, family or household purposes;
such consumer information is governed by the Fifth Third Privacy Policy for Consumer Information.
For purposes of this Notice, “Nonpublic Information” means any information about a Commercial Customer from
which the customer could be identified, whether obtained directly from the Commercial Customer or from another
source. Nonpublic Information may include, but is not limited to: (a) customer name; (b) customer’s physical
address, including street name and name of city or town; (c) an e-mail address or other online contact information;
(d) a telephone number; (e) a tax identification number; (f) a credit history; (g) a bank or credit card account
number; (g) information about officers, directors, and other control persons; (i) financial statements; or (j) any
other information from or about a Commercial Customer. However, the following is not considered Nonpublic
Information: (a) aggregated or anonymous information that does not identify a customer or customers and (b)
information that Fifth Third obtains from a public source (or knows to be available from a public source).
How We Gather, Maintain, and Use Your Information
We may gather and retain Nonpublic Information about Commercial Customers from the following sources:
• Applications or other forms that you provide to us (such information may include name, address, tax identification
number, financial statements, assets, income and investment objectives).
• Financial account activity and transactions (such as payment history, account balances and usage).
• Reporting agencies (such as creditworthiness and credit history).
• Information from website visits (such as Cookies, usage and transaction history, and other technical data that
we use for security purposes and to enhance the online experience.)
Fifth Third may disclose Nonpublic Information about our Commercial Customers to non-affiliated third parties in
order to offer you additional products and services. However, you have the right to “opt-out” of such transfers, as
described below in “How To Change Your Privacy Options.”
Fifth Third may also disclose Nonpublic Information to non-affiliated third parties for routine business reasons.
You do not have the opportunity to opt-out of these transfers. For example, Fifth Third may disclose Nonpublic
Information to service providers and other third parties as necessary to facilitate a transaction requested by a
Commercial Customer. Non-affiliated companies that act on our behalf and receive Non-Public Information from
us are contractually obligated to keep the information we provide to them confidential, and to use the Non-Public
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Information only to provide the services we ask them to perform. We may also disclose Nonpublic Information
to non-affiliated third parties in response to a subpoena, warrant, or court order, or as otherwise required by
applicable law or regulation.
Fifth Third may collect certain information about individuals – such as business owners or loan guarantors - that
Fifth Third receives in connection with providing products or services to a Commercial Customer. Fifth Third will
not use or transfer non-public information regarding such individuals for any purpose other than facilitating the
commercial transaction for which the information was originally provided, except with the consent with the individual.
Your Privacy Options
You have choices as to how we use your Nonpublic Information. If you are comfortable with how we use your
information currently, there is no need to indicate your preference. We recognize, however, that you may wish
to limit the ways in which we use your information. Therefore, you may tell us not to share your Nonpublic - 2 Information with other Fifth Third companies. You may also tell us not to share your Nonpublic Information with
non-affiliated third parties for marketing purposes.
Your opt-out choice will apply until you tell us to change your choice.
How To Change Your Privacy Options
• Write to us at Fifth Third, Customer Service, Privacy Administration, Post Office Box 4444, Cincinnati, Ohio
45263-4444. Requests must include customer name, address, contact telephone number, relation Tax Identification
Number (“TIN”) for all business entities that will opt out and account number(s) (if applicable). Incomplete information
will delay or possibly prevent our ability to honor your request.
• Call a Fifth Third Customer Service Professional at 1-800-889-5269.
• Visit any Fifth Third Banking Center.
Our system will be updated to reflect your privacy preferences within 30 days following receipt of the request with
complete information. You can verify the update by calling the Customer Service number listed above or visiting
any Fifth Third Banking Center.
If you have already shared with us your privacy preferences under this Notice, it is not necessary to contact us
again. We will continue to honor the preferences you have provided.
Security Practices to Protect Your Information
Your information is used strictly for business purposes. Fifth Third employees are trained to respect your privacy
concerns and to safeguard your personal information. Furthermore, as technology advances, Fifth Third is
continuously modifying its physical, electronic, and procedural safeguards to ensure compliance with commercially
reasonable industry standards and to protect your Nonpublic Information.
Online Privacy
Fifth Third is committed to protecting Commercial Customers and guests who visit our website at www.53.
com. Accordingly, our website uses a variety of advanced Internet security technology, including the encryption
of information that is transmitted while accessing account information over the Internet or submitting online
applications by using Secure Sockets Layer (SSL) Technology. Fifth Third also uses digital certification, a unique
identifier to substantiate Fifth Third’s Identity to your browser.
Additionally, authentication is required when using online services to validate your identity. We may collect data
from your online visits, such as Cookies, to display information more effectively to you and to allow customization
of your website experience. This data is encrypted for our use only and protected from third party access.
Fifth Third Companies Covered by this Notice
This notice will apply to all affiliated companies of Fifth Third, now existing or hereafter arising, that are referenced
on www.53.com in the About Fifth Third section under Affiliated Companies.
Consumer Privacy Policy
At Fifth Third we are committed to protecting and managing your information and would like to share how we
gather, retain and protect your information. Please review the “What Does Fifth Third Do With Your Personal
Information” section for more information.
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Rev. 08/12
FACTS
WHAT DOES FIFTH THIRD DO WITH YOUR PERSONAL INFORMATION?
WHY?
Financial companies choose how they share your personal information. Federal law gives consumers the right
to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your
personal information. Please read this notice carefully to understand what we do.
WHAT?
The types of personal information we collect and share depend on the product or service you have with us. This
information can include:
• Social Security number, name, address, email address, income, and assets
• Payment history and account balances
• Credit history and credit worthiness
HOW?
All financial companies need to share customers’ personal information to run their everyday business. In the
section below, we list the reasons financial companies can share their customers’ personal information; the
reasons Fifth Third chooses to share; and whether you can limit this sharing.
REASONS WE CAN SHARE YOUR PERSONAL INFORMATION
DOES FIFTH THIRD SHARE?
CAN YOU LIMIT THIS SHARING?
For our everyday business purposes— such as to process
your transactions, maintain your account(s), respond to court
orders and legal investigations, or report to credit bureaus
Yes
No
For our marketing purposes— to offer our products and
services to you
Yes
No
For joint marketing with other financial companies
Yes
No
For our affiliates’ everyday business purposes—
information about your transactions and experiences
Yes
No
For our affiliates’ everyday business purposes—
information about your creditworthiness
Yes
Yes
For our affiliates to market to you
Yes
Yes
For nonaffiliates to market to you
No
N/A
TO LIMIT
OUR
SHARING
QUESTIONS?
• Call 1-800-889-5269—our menu will prompt you through your choice(s); or
• Write to us at Fifth Third, Customer Service, Privacy Administration, Post Office Box 4444, Cincinnati, OH
45263-4444. Requests must include your name, address, telephone number, and Social Security number (or
taxpayer identification number). Incomplete information will delay or possibly prevent our ability to honor
your request; or
• Visit any Fifth Third Banking Center.
Please note: If you are a new customer, we can begin sharing your information 30 days from the date
we sent this notice. When you are no longer our customer, we continue to share your information as
described in this notice. However, you can contact us at any time to limit our sharing.
Call 1-800-889-5269 or go to www.53.com.
WHO WE ARE
Who is providing this notice?
WHAT WE DO
How does Fifth Third protect my
personal information?
How does Fifth Third collect my
personal information?
Fifth Third Bank and its affiliates (please see below for List of Affiliates).
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal law. These measures include computer
safeguards and secured files and buildings.
We collect your personal information, for example, when you:
• Open an account or apply for a loan
• Pay your bills or make a deposit
• Use your credit or debit
36 card
We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.
Why can’t I limit all sharing?
Federal law gives you the right to limit only:
• sharing for affiliates’ everyday business purposes—information about your creditworthiness
• affiliates from using your information to market to you
• sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit sharing. See
below for more information on state laws.
What happens when I limit sharing
for an account I hold jointly with
someone else?
Your choices will apply to everyone on your account.
DEFINITIONS
Affiliates
Companies related by common ownership or control. They can be financial and
nonfinancial companies.
• Our affiliates include companies with a Fifth Third name; financial companies such as an
insurance agency or a leasing company.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
• Fifth Third does not share information with nonaffiliates so they can market to you.
Joint marketing
A formal agreement between nonaffiliated financial companies that together market
financial products or services to you.
• Our joint marketing partners include but may not be limited to insurance companies and
credit card companies.
OTHER IMPORTANT INFORMATION
Nevada law requires that we provide you with the following contact information:
Fifth Third, Customer Service
Privacy Administration
P.O. Box 4444
Cincinnati, OH 45263-4444
Bureau of Consumer Protection, Office of the Nevada Attorney General
555 East Washington Street, Suite 3900
Las Vegas, NV 89101
Phone: (702) 486-3132, Email: [email protected]
CA, ND and VT residents: Accounts with mailing addresses in these states will be treated as if they have selected for us to not share
your credit and personal financial information with other Fifth Third companies.
CUSTOMER IDENTIFICATION PROGRAM
In accordance with the USA PATRIOT Act, Federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or entity
opening an account. This includes all personal and commercial accounts, including loan and deposit accounts, as well as trust, brokerage, insurance, and investment
management accounts.
What This Means To Our Customers
When you open an account, you will be asked for your name, address, Social Security or tax identification number, date of birth (if applicable), and other information that
will allow Fifth Third to identify you. You will also be asked to furnish your driver’s license or other identifying documents. We are required to follow this procedure each
time an account is opened, even if you are a current customer of Fifth Third.
LIST OF AFFILIATES
Fifth Third Bank, an Ohio Banking Corporation
Fifth Third Insurance Agency, Inc.
Fifth Third Mortgage Company
Fifth Third Securities, Inc. Member FINRA/SIPC
Fifth Third Equipment Finance Company
Fifth Third Asset Management, Inc.
Vantiv, Inc.
SLK Global/BPO Services Pvt. Ltd.
Fifth Third Holdings, LLC
Fifth Third Mortgage−Michigan, LLC
Fifth Third Auto Leasing Trust
Vista Settlement Services, LLC
Fifth Third Bank, Member FDIC.
Important Information About Credit Reporting
We may report information about your accounts to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Fifth Third Securities is the trade name used by Fifth Third Securities, Inc., member FINRA/SIPC, a wholly owned subsidiary of Fifth Third Bank and a registered
broker-dealer. Securities and investments offered through Fifth Third Securities, Inc. and insurance products:
Are Not FDIC Insured
Offer No Bank Guarantee
Are Not Insured By Any Federal Government Agency
May Lose Value
Are Not A Deposit
Insurance products made available through Fifth Third Insurance Agency, Inc.
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3.NF-002-PP-0912
Equal Housing Lender
653062
08/12
© Fifth Third Bank, Member FDIC
® Reg. U.S. Pat & T.M. Off
Fifth Third and Fifth Third Bank are registered service marks of Fifth Third Bancorp
Equal Housing Lender
8/12
650277