Bank Midwest | Business Checking Disclosures

Small Business Checking

This schedule sets forth certain conditions, rates, fees, and charges that are specific to your account. Each account holder agrees to the terms set forth on this Deposit Account Rate and Fee Schedule, and acknowledges that it is part of the Deposit Account Agreement. Subject to applicable law and terms of the Deposit Account Agreement, we may amend the rates, fees and charges contained in this schedule from time to time.

You must deposit $100 to open this account. A monthly service charge of $10 will be imposed every statement period. Monthly service charge is waived for the first statement period after the new account opening. The grace period does not apply to existing or converted accounts.

Avoid your monthly service charge as described below:
Avoid the $10 monthly service charge with one of the following each statement cycle period: 1) Maintain a minimum daily balance of $1,000, OR 2) Maintain an average daily balance of $2,000, OR 3) Make total debit card point of sale purchases of $1,000 (excludes ATM withdrawals). The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

Additional Services:
Your first 150 transactions (paper debits, electronic transactions, credits, and deposited items) per statement cycle are included at no charge. Additional transactions are $0.35 each and will be included in the service charge calculation each statement cycle period. Itemization of service charges paid each statement cycle period will be provided on your periodic statement. Cash deposited and withdrawn each statement cycle in excess of $5,000 will incur a $2 fee per additional $1,000. Other services included with your account: Business Visa Debit Card, Checkimage Statements, Telebank 24 Access, Online Statements, Online Banking, Online Bill Pay, and Mobile Banking.

General Information Regarding Fees
Inactive fee: The account may be subject to an Inactive Fee of $5 per month if there is no deposit or withdrawal activity in a six month period. After five years of no activity, this fee increases to $25 per month.

Unlawful Internet Gambling Enforcement Act of 2006
The Unlawful Internet Gambling Enforcement Act of 2006, (“the Act”) prohibits the bank from processing through any commercial account or banking relationship transactions identified as being restricted under the Act. If the Bank obtains knowledge that a commercial client is participating in such restricted transactions, the Bank will close the account. The Bank will not knowingly open any commercial account intended for such purposes.

FDIC NOTICE:
Bank Midwest, Community Banks of Colorado and Hillcrest Bank are all divisions of NBH Bank. Divisions of NBH Bank are not separately FDIC-insured banks. The FDIC coverage extended to deposit clients of the various divisions of NBH Bank is that of one insured bank.

Small Business Interest Checking

This is an interest bearing account. For additional information about the interest rate on your account, please contact your local banking center.

Interest is compounded monthly and credited to your account monthly. We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in your account each day. We use an interest accrual basis of 365 for each day in the year.

You must deposit $100 to open this account. A monthly service charge of $12 will be imposed every statement period. Monthly service charge is waived for the first statement period after the new account opening. The grace period does not apply to existing or converted accounts.

Avoid your monthly service charge as described below:
Avoid the $12 monthly service charge with one of the following each statement cycle period: 1) Maintain a minimum daily balance of $1,200, OR 2) Maintain an average daily balance of $2,400, OR 3) Make total debit card point of sale purchases of $1,200 (excludes ATM withdrawals). The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

Business Checking

You must deposit $100 to open this account. A monthly service charge of $20 will be imposed every statement period. Monthly service charge is waived for the first statement period after the new account opening. The grace period does not apply to existing or converted accounts.

Avoid your monthly service charge as described below:
Avoid the $20 monthly service charge with one of the following each statement cycle period: 1) Maintain a minimum daily balance of $2,000, OR 2) Maintain an average daily balance of $4,000, OR 3) Make total debit card point of sale purchases of $2,000 (excludes ATM withdrawals). The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

Additional Services:
Your first 400 transactions (paper debits, electronic transactions, credits, and deposited items) per statement cycle are included at no charge. Additional transactions are $0.35 each and will be included in the service charge calculation each statement cycle period. Itemization of service charges paid each statement cycle period will be provided on your periodic statement. Cash deposited and withdrawn each statement cycle in excess of $10,000 will incur a $2 fee per additional $1,000. Other services included with your account: Business Visa Debit Card, Checkimage Statements, Telebank 24 Access, Online Statements, Online Banking, Online Bill Pay, and Mobile Banking.

General Information Regarding Fees Inactive fee:
The account may be subject to an Inactive Fee of $5 per month if there is no deposit or withdrawal activity in a six month period. After five years of no activity, this fee increases to $25 per month.

Business Performance Checking

This is an interest bearing account. For additional information about the interest rate on your account, please contact your local banking center.

You must deposit $100 to open this account. A monthly service charge of $25 will be imposed every statement period. Monthly service charge is waived for the first statement period after the new account opening. The grace period does not apply to existing or converted accounts.

Avoid your monthly service charge as described below:
Avoid the $25 monthly service charge with one of the following each statement cycle period: 1) Maintain a minimum daily balance of $2,500, OR 2) Maintain an average daily balance of $5,000, OR 3) Make total debit card point of sale purchases of $2,500 (excludes ATM withdrawals). The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

Business Premium Checking

Avoid your monthly service charge as described below:
1) Maintain an average daily balance of $25,000.00 in this account. OR 2) Link your accounts in our Business Premium Relationship Package and maintain $25,000.00 in qualified combined deposit balances OR $50,000.00 in combined deposits and outstanding balances on a linked Small Business Term, Line of Credit or Commercial Real Estate loan(s) serviced by NBH Bank in a statement period. Qualifying deposits include Small Business checking, savings, money market and certificate of deposit accounts. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. Combined balances are calculated by adding the current balance of all eligible accounts three business days before the end of the statement period. Talk to your banker for additional information about our Business Premium Relationship Package and information on how to link your accounts. We do not automatically link your accounts.

Small Business Savings

This is an interest bearing account. For additional information about the interest rate on your account, please contact your local banking center.

We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in your account each day. We use an interest accrual basis of 365 for each day in the year. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

You must deposit $100 to open this account. A monthly service charge of $3 will be imposed every statement period. Monthly service charge is waived for the first statement period after the new account opening. The grace period does not apply to existing or converted accounts.

Avoid your monthly service charge as described below:
Avoid the $3 monthly service charge with one of the following each month: 1) Maintain a minimum daily balance of $300, OR 2) Maintain an average daily balance of $600, OR 3) Make deposits and transfers totaling $150 each month. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

A transaction fee will not be imposed for the first three (3) debit transactions each month. Additional debits are $1.00 each and will be included in the monthly service charge calculation displayed on your periodic statement. Federal law requires that you can make no more than six (6) pre-authorized debits per calendar month from your savings account. The number of ATM withdrawals and debits made in person at any banking center do not count toward this limitation. Refer to the Electronic Funds Transfer Agreement and Disclosure for a definition of preauthorized debits.

Additional Services:
Other services included with your account: Visa Debit Card, Telebank 24 Access, Online Statements, Online Banking, and Mobile Banking. Cash deposited and withdrawn each statement cycle in excess of $5,000 will incur a $2 fee per additional $1,000.

Small Business Money Market

This is an interest bearing account. For additional information about the interest rate on your account, please contact your local banking center.

Avoid your monthly service charge as described below:
Avoid the $10 monthly service charge with one of the following each statement cycle period: 1) Maintain a minimum daily balance of $2,500, OR 2) Maintain an average daily balance of $5,000. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

Federal law requires that you can make no more than six (6) pre-authorized debits and checks per calendar month from your money market account. You will be charged $15.00 for each pre-authorized debit or check that exceeds the limit each calendar month. The number of ATM withdrawals and debits made in person at any banking center do not count toward this limitation. Refer to the Electronic Funds Transfer Agreement and Disclosure for a definition of pre-authorized debits.

Additional Services:
Other services included with your account: Visa Debit Card, Check-image Statements, Telebank 24 Access, Online Statements, Online Banking, Online Bill Pay, and Mobile Banking. Cash deposited and withdrawn each statement cycle in excess of $5,000 will incur a $2 fee per additional $1,000.

Business Money Market

This is a tiered interest bearing account. The new tiers for the applicable interest rates are as follows:

$0-$24,999.99
$25,000-$49,999.99
$50,000-$99,999.99
$100,000-$249,999.99
$250,000-$999,999.99
$1,000,000 and up

For additional information about the interest rates on your account, please contact your local banking center.

You must deposit $1,000 to open this account. A monthly service charge of $15 will be imposed every statement period. Monthly service charge is waived for the first statement period after the new account opening. The grace period does not apply to existing or converted accounts.

Avoid your monthly service charge as described below:
Avoid the $15 monthly service charge with one of the following each statement cycle period: 1) Maintain a minimum daily balance of $5,000, OR 2) Maintain an average daily balance of $10,000. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period.

Business Visa^® Debit Card Disclosure

Effective: January 5, 2017

This agreement and disclosure statement (“Agreement”) applies to any Business VISA Debit Card issued by any division of NBH Bank (“NBH Bank” referred to as “We”, “Us”, “Our,” or “Bank”). By signing an application for or using the Business VISA Debit Card, you agree to be bound by the provisions of this agreement. (“You”, “Your”, and “Yours” refer to each person who signs an application for the Business VISA Debit Card or uses the Business VISA Debit Card).

Liability Disclosure – If you believe Your Business VISA Debit Card or Personal Identification Number (PIN) has been lost or stolen you should notify the Bank immediately at the number listed on the bottom of your statement. The sooner you notify us that your card is in danger of misuse, the sooner the Bank can take precautions to prevent the misuse. If you do not notify the Bank about an error on your statement within 60 days of the statement date, you will be prohibited from bringing any action or claim against the Bank that is in any way related to the errors. You agree to notify the Bank promptly, and in writing, if requested, of any user of the Card that is no longer authorized or employed by you or is no longer authorized to conduct any transactions with the Card on Your behalf. Until further notice, we will extend to you the Visa Zero Liability Policy which protects you against liability in the event of fraud. The Visa Zero Liability Policy applies when using your Business Debit Card for transactions processed over the Visa network. The Visa Zero Liability Policy also applies to ATM transactions or purchase transactions using your PIN passed through the Plus network. You agree to assist the Bank with any investigation, prosecution or other action to enforce claims for unauthorized transactions. This assistance shall include but not be limited to completing the appropriate statement, reports or affidavits reasonably requested by the Bank. In addition to this Agreement, you agree to comply with the requirements of the Bank’s deposit account rules and all applicable state and federal laws and regulations.

Address and Telephone Numbers – If you believe your Business Visa Debit Card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, telephone us at the number listed on your statement or write us at: PO Box 26398, Kansas City, MO 64196.

Business Day Disclosure – Our business days are Monday through Friday. Bank holidays are not included.

Your Debit Card – You may use your Business VISA Debit Card to purchase goods or services from any merchant or company that accepts VISA or to obtain cash from any financial institution that accepts VISA. You agree to sign a sales draft (“Draft”) or withdrawal voucher for each purchase or cash withdrawal, and withdrawal or credit voucher originated by the use of your Business VISA Debit Card. – You may also use the Business VISA Debit Card through automated teller machines (“ATMs”) to:

Withdraw from your designated checking or savings accounts. We will assess a fee of $2.50 for withdrawals made at ATMs we do not own.
Make deposits to your designated checking or savings accounts at NBH Bank automated teller machines (ATMs).
Transfer funds between your designated checking or savings accounts.
Obtain account balance information for your checking or savings accounts. Some of these services may not be available at all ATM terminals.

Limitations on Use of the Business VISA Debit Card – When you want to use your Business VISA Debit Card to purchase goods or services from a merchant or company or to make a cash withdrawal from a financial institution, such merchant, company or financial institution may be required to obtain authorization for transactions over a certain dollar amount. As a security measure, we may limit the amount which may be withdrawn from your checking account by the Business VISA Debit Card over certain periods of time. The use of your Business VISA Debit Card may otherwise be limited by us at our discretion, and the privilege of using your Business VISA Debit Card in no way constitutes an absolute right to withdraw funds from your checking account, through the use of your Business VISA Debit Card. If a transaction is approved, we reserve the right to place a hold on your checking account and/or your Business VISA Debit Card, for the approved amount. This means we may not approve subsequent transactions, and we may not pay other items drawn on your checking account even if the approved transaction is not completed. We will have no liability to you if, as a result of holds placed on your checking account when we approve any authorized use of your Business VISA Debit Card, we refuse to pay any check, draft or other item drawn on your checking account. We will also have no liability to you if we do not authorize your use of the Business VISA Debit Card for any reason. For security reasons, we may elect to limit the number of transfers you can make using ATMs and on the dollar amount you can withdraw from an ATM each day.

Stop Payment – You waive the right to stop payment of any sales draft or other item originated by use of your Business VISA Debit Card.

Charges – Business VISA Debit Card clients will not be charged a monthly fee for the use of your Business VISA Debit Card. Other fees applicable to your checking account will still apply. We will assess a fee of $2.50 for withdrawals made at ATMs we do not own.

Documentation – ATM Terminal transfers – you can get a receipt at the time you make any transfers to or from your checking or savings account using an ATM. You will get a monthly checking account statement showing all ATM checking account transfers. If your Business VISA Debit Card may be used in an ATM to access your savings account, you will receive a monthly savings account statement showing all ATM savings account transfers unless there are no ATM savings account transfers in a particular month. In any case, you will get a savings account statement at least quarterly, which will show all the transactions in your account for the quarter. You waive any right to receive automatically with your checking account statement a copy or facsimile of any draft or item originated by use of your Business VISA Debit Card. You have the right to inspect a copy of any draft or other item upon your prompt request and compliance with reasonable procedures as established by us.

Liability to Make Transfers – If we do not complete a transfer to or from your checking or savings account on time or in the correct amount, according to our agreement with you, we will be liable for your proximately caused damages. However, there are some exceptions. We will not be liable for instance:

If through no fault of ours, you do not have enough money in your account to make the transfer.
If you are attempting to draw against deposits of checks, draft s or other non-cash items that have not yet been collected. Generally, a check is collected the business day after the date of deposit.
If you are attempting to draw against funds deposited in an ATM before the amount of your deposit has been manually verified by us and credited to your account.
If the ATM transfer would exceed the credit limit on the overdraft line of credit (if any) that you may have.
If the ATM where you are making the transfer does not have enough cash.
If the ATM was not working properly and you knew about the breakdown when you started the transaction.
If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we may have taken.
If the funds in the account have been offset by us in payment of a delinquent loan or if the funds have been attached or otherwise proceeded against us as a result of a lawsuit that someone has brought against you or against a joint depositor on your account.

Merchant Disputes – If you have a problem with property or services purchased with your Card, you must first try in good faith to return them or give the merchant a chance to correct the problem before we can help you resolve the problem.

In Case of Errors or Questions About Your Electronic Transfers – Telephone us at the number listed on the bottom of your statement or write us at, PO Box 26398, Kansas City, MO 64196, as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

Tell us your name and account number (if any).
Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
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 10 business days. We will tell you the results of our investigation within 10 business days after we hear from you and we will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you have the use of the money during the time it takes us to complete our investigation. If your written complaint or question involves a transfer resulting from a point of sale debit card transaction, our time periods shall be 20 business days in place of 10 business days and 90 calendar days in place of 45 calendar days. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

Overdrafts – The Business VISA Debit Card is NOT a credit card. If any draft originated by the use of your Business VISA Debit Card results in an overdraft on your checking account, you will be notified and you agree to make immediate payment to us of the amount of such overdrafts together with such service charge as set forth in the terms and conditions of your checking account.

Closed Accounts – You agree to pay us immediately for the amount of any drafts, originated by the use of your Business VISA Debit Card, which cannot be charged to your checking account because it is closed or the funds are otherwise unavailable for withdrawal. In which event, you also agree to immediately discontinue the use of your Business VISA Debit Card.

Cancellation – We may refuse to issue a Business VISA Debit Card and we may revoke your Business VISA Debit Card privileges with or without notice, other than that required by federal or state law. Your Business VISA Debit Card at all times remains our property and may be repossessed by us at any time. Upon cancellation of cardholder privileges, you must surrender the Business VISA Debit Card to us or our authorized agent upon demand or knowledge of cancellation. You agree not to use or attempt to use an expired, revoked or otherwise invalid Business VISA Debit Card. If the Business VISA Debit Card is used other than as permitted by this agreement, we may, at our option and without waiving any rights, recognize the transactions and debit or credit your checking account accordingly. The cancellation of the Business VISA Debit Card privileges, by you and by us, does not affect other rights and privileges under your checking account agreement.

Pre-Authorized Electronic Fund Transfers

Types of Pre-authorized Transfers. You may arrange for us to complete the following pre-authorized transfers to or from your deposit accounts:

Accept direct deposits from your employer, U.S. Treasury Department or other financial institutions to your checking or savings account.
Pay certain recurring bills from your checking or savings account.
Other types of Funds Transfers – You authorize us to process Electronic Check Conversion, Electronic Payment of Returned Checks and Charges, and other Automated Clearing House transactions authorized by you and initiated by third parties.
External Funds Transfers that you have successfully established with accounts you own at other financial institutions (limits start at $5,000 per day and can vary depending on your individual relationship with us).
Payments you have initiated to other individuals through our peer-to-peer payment products, Common Sense Pay (limits start at $500.00 per day can vary depending on your relationship with us).

Miscellaneous Terms – (1) We have no liability or responsibility if for any reason the Business VISA Debit Card is not honored by a merchant, company, financial institution or at any other business establishment. (2) The agreements, terms and conditions governing your checking, savings, and Ready Reserve accounts will continue to apply to any of your obligations to us and our responsibilities to you which are not covered by the agreement. (3) The term “Sales Drafts” as used herein means the paper document approved by us for use when a transaction is originated by a Business VISA Debit Card. (4) We may rely on your address appearing on your application for the Business VISA Debit Card, until we receive written notice in a change of address from you. (5) We may modify or amend this agreement, in whole or in part, upon reasonable written notice in compliance with Federal law and regulations. (6) If any provision of this agreement and Disclosure Statement is declared to be invalid by any court of law or appropriate regulatory body, the remaining provisions of the agreement and Disclosure Statement shall not be affected thereby. (7) The descriptive headings of this agreement and Disclosure Statement are for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. (8) This agreement will be governed by the laws of the State in which you applied for the Business Visa Debit Card and our Bank branch is located. If you applied online this agreement will be governed by Missouri laws.

NBH Bank, member FDIC, operates under multiple trade names across multiple states. NBH Bank divisions operate as Bank Midwest, Hillcrest Bank and Community Banks of Colorado. Divisions of NBH Bank are not separately FDIC- insured banks. The FDIC coverage extended to deposit clients is that of one insured bank.