Common use of Accountholder’s Warranties Clause in Contracts

Accountholder’s Warranties. ‌ You make the following warranties and representations with respect to each image of an original check you transmit to us utilizing the Services:‌  Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.  The amount, the payee, signature(s), and indorsement(s) on the original check are legible, genuine, and accurate.  You will not deposit or otherwise indorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.  Other than the digital image of an original check that you remotely deposit through RDC Services, there are no other duplicate images of the original check.  You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.  The information you provided in any Application for RDC Services remains true and correct and, in the event any such information changes, you will immediately notify us of the change.  You have not knowingly failed to communicate any material information to us.  You have possession of each original check deposited using the Services and no party will submit the original check for payment.  Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Appears in 2 contracts

Samples: www.mocse.org, www.mocse.org

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Accountholder’s Warranties. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us utilizing using the Services:‌  Services: · Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. · The amount, the payee, signature(s), and indorsement(sendorsement(s) on the original check are legible, genuine, and accurate.  You · Each check that you submit to us for deposit will not deposit be resubmitted in any format to us or otherwise indorse to a third party any other person for payment and will not cause the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise same drawer’s account to be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paiddebited twice. · Other than the digital image of an original check that you remotely deposit through RDC the Services, there are no other duplicate images of the original check.  You have instituted procedures to ensure that each · Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.  The information you provided in any Application for RDC Services remains true and correct and, in the event any such information changes, you will immediately notify us of the change.  · You have not knowingly failed to communicate any material information to us. · You have will retain possession of each original check deposited using the Services for the required retention period and no neither you nor any other party will submit the original check for payment. · Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. · You will not use the Services and/or your accounts for any illegal activity or transactions. · Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Appears in 2 contracts

Samples: Mobile Check Deposit User Agreement and Disclosure, Mobile Check Deposit User Agreement and Disclosure

Accountholder’s Warranties. You make the following warranties and representations with respect to your use of Mobile Deposit Services and each image of an original check you transmit to us utilizing the Services:‌  using Mobile Deposit Services: (a) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.  The ; (b) the amount, the payee, signature(s), and indorsement(sendorsement(s) on the original check are legible, genuine, and accurate.  You ; (c) each check that you submit to us for deposit will not deposit be resubmitted in any format to us or otherwise indorse to a third party any other person or the original item of it negotiated or presented for payment to any financial institution for payment resulting in the same drawer’s account to be debited twice; (the original checkd) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.  Other other than the digital image of an original check that you remotely deposit through RDC Mobile Deposit Services, there are no you did not permit other or duplicate images of the original check.  You have instituted procedures check to ensure that be deposited or put through for collection; (e) each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.  The , (f) the information you provided in any Application for RDC Services remains to us is true and correct and, in the event any such information changes, you will immediately notify us immediately of the change.  You ; (g) you have not knowingly failed to communicate any material information to us.  You have ; (h) you will retain possession of each original check deposited using Mobile Deposit Services for the Services required (60) sixty day retention period and no neither you nor any other party will submit resubmit the original check for payment.  Files ; (i) you will not use the Mobile Banking Services for any illegal activity or transactions; (j) files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, date or related systems; and (k) each check you submit for deposit is drawn in United States dollars on a financial institution located within the United States, excluding its territories.

Appears in 2 contracts

Samples: User Agreement, User Agreement

Accountholder’s Warranties. ‌ You I make the following warranties and representations with respect to each image of an original check you I transmit to us you utilizing the Services:‌  Mobile Deposit: Each image of a check transmitted to us you is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. The amount, the payee, signature(s), and indorsement(sendorsement(s) on the original check are legible, genuine, and accurate.  You I will not deposit or otherwise indorse endorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it that has already been paid. Other than the digital image of an original check that you I remotely deposit through RDC ServicesMobile Deposit, there are no other duplicate images of the original check.  You have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are I am authorized to enforce each item transmitted or are am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item. The information you I provided in any my Application for RDC Services remains true and correct and, in the event any such information changes, you I will immediately notify us you of the change.  You I have not knowingly failed to communicate any material information to usyou.  You I have possession of each original check deposited using the Services Mobile Deposit and no party will submit the original check for payment. Files and images transmitted to us you will contain no viruses or any other disabling features that may have an adverse impact on our your network, data, or related systems.

Appears in 1 contract

Samples: Disclosure and Agreement

Accountholder’s Warranties. You make the following warranties and representations with respect to your use of Mobile Deposit Services and each image of an original check you transmit to us utilizing the Services:‌  using Mobile Deposit Services: (a) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.  The ; (b) the amount, the payee, signature(s), and indorsement(sendorsement(s) on the original check are legible, genuine, and accurate.  You ; (c) each check that you submit to us for deposit will not deposit be resubmitted in any format to us or otherwise indorse to a third party any other person or the original item of it negotiated or presented for payment to any financial institution for payment resulting in the same drawer’s account to be debited twice; (the original checkd) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.  Other other than the digital image of an original check that you remotely deposit through RDC Mobile Deposit Services, there are no you did not permit other or duplicate images of the original check.  You have instituted procedures check to ensure that be deposited or put through for collection; (e) each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.  The , (f) the information you provided in any Application for RDC Services remains to us is true and correct and, in the event any such information changes, you will immediately notify us immediately of the change.  You ; (g) you have not knowingly failed to communicate any material information to us.  You have ; (h) you will retain possession of each original check deposited using Mobile Deposit Services for the Services required (60) sixty day retention period and no neither you nor any other party will submit resubmit the original check for payment.  Files ; (i) you will not use the Mobile Banking Services for any illegal activity or transactions; (j) files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, date or related systems; and (k) each check you submit for deposit is drawn in United States dollars on a financial institution located within the United States, excluding its territories. Hours of Accessibility. In general, Mobile Banking is accessible 24-hours per day, seven days a week; however, German American State Bank does not guarantee the Mobile Banking will be available at all times. Occasionally, due to system maintenance or reasons beyond our control, the mobile banking service may be unavailable. Transactions (does not include mobile deposits) are processed on business days only. Every day is a business day except Saturdays, Sundays and Federal Holidays. A transfer between your German American State Bank mobile checking/savings accounts initiated before 5:00 p.m. CST on a business day is posted to your account the same day. A transfer completed after 5:00 p.m. CST on a business day or on a non-banking day, as specified above, will be posted on the next business day. An external transfer from your German American State Bank Mobile checking/savings account to mobile accounts at another institution must be initiated by 3:30 p.m. CST on a business day. A transfer completed after 3:30 p.m. CST or on a non-banking day, as specified above, will be posted on the next business day. Charges for the Mobile Banking Service. There is no fee to access Mobile Banking; however, all other fees associated with your accounts apply. In addition, Text Message charges and/or Mobile Internet Data charges may apply. You are responsible for the charges of any wireless service provider while using the service. Contact your mobile service provider for details.

Appears in 1 contract

Samples: User Agreement

Accountholder’s Warranties. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us utilizing using the Services:‌  Services: • Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. The amount, the payee, signature(s), and indorsement(sendorsement(s) on the original check are legible, genuine, and accurate.  You • Each check that you submit to us for deposit will not deposit be resubmitted in any format to us or otherwise indorse to a third party any other person for payment and will not cause the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise same drawer’s account to be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paiddebited twice. Other than the digital image of an original check that you remotely deposit through RDC the Services, there are no other duplicate images of the original check.  You have instituted procedures to ensure that each • Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.  The information you provided in any Application for RDC Services remains true and correct and, in the event any such information changes, you will immediately notify us of the change.  You have not knowingly failed to communicate any material information to us. You have will retain possession of each original check deposited using the Services for the required retention period and no neither you nor any other party will submit the original check for payment. • Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. • You will not use the Services and/or your accounts for any illegal activity or transactions. • Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Appears in 1 contract

Samples: Logix Mobile Banking Terms and Conditions Agreement

Accountholder’s Warranties. You make the following warranties and representations with respect to your use of Mobile Deposit Services and each image of an original check you transmit to us utilizing the Services:‌  using Mobile Deposit Services: (a) Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.  The ; (b) the amount, the payee, signature(s), and indorsement(sendorsement(s) on the original check are legible, genuine, and accurate.  You ; (c) each check that you submit to us for deposit will not deposit be resubmitted in any format to us or otherwise indorse to a third party any other person or the original item of it negotiated or presented for payment to any financial institution for payment resulting in the same drawer’s account to be debited twice; (the original checkd) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.  Other other than the digital image of an original check that you remotely deposit through RDC Mobile Deposit Services, there are no you did not permit other or duplicate images of the original check.  You have instituted procedures check to ensure that be deposited or put through for collection; (e) each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.  The , (f) the information you provided in any Application for RDC Services remains to us is true and correct and, in the event any such information changes, you will immediately notify us immediately of the change.  You ; (g) you have not knowingly failed to communicate any material information to us.  You have ; (h) you will retain possession of each original check deposited using Mobile Deposit Services for the Services required (60) sixty day retention period and no neither you nor any other party will submit resubmit the original check for payment.  Files ; (i) you will not use the Mobile Banking Services for any illegal activity or transactions; (j) files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, date or related systems.; and (k) each check you submit for deposit is drawn in United States dollars on a financial institution located within the United States, excluding its territories. External Transfers Our Digital Banking Services allow you to perform external transfers between your State Bank deposits accounts to your accounts at another financial institution. You agree that you will only attempt to add accounts for which you have the authority to transfer funds. All accounts requested to be used as part of this service will be verified in accordance with State Bank procedures. The verification process must be completed by you prior to using the service. Verification instructions are displayed to you during the enrollment process. We reserve the right to establish and assign to you limits for external transfers and to modify such limits from time to time in our sole discretion, and you agree to comply with all such limits. By enrolling in external transfers, you are authorizing State Bank to initiate debit entries to the financial institution account listed within the digital banking. You agree to maintain a sufficient balance in the referenced deposit account to fund the full debit amount on each scheduled transfer date. You acknowledge that this ACH transfer must comply with U.S. Law. State Bank reserves the right to revoke this authorization at any time. Recurring authorizations will remain in effect until revoked by you in writing or via the Digital Banking system. Revocation will not affect prior transactions. Any revocation must be submitted in writing to State Bank at 0000 X Xxxxx Xxxxx, Xxxxxxxx, XX 00000 or canceled through the Bank’s Digital Banking service at least three (3) banking days prior to the next scheduled transfer date. Funds requested to be transferred will be debited from your State Bank account the business day following the day you initiate the transfer, provided you have met the bank's cutoff time for submitting External Transfers. In the case of a future dated or recurring transfer, these time limits will be the business day following the scheduled date of the transfer. The cutoff time for initiating transfers is 4:00 p.m. Funds requested to be transferred will be credited to the non-State Bank account according to the receiving financial institution’s availability and transaction processing schedule. Request for immediate transfers of funds cannot be cancelled. Future dated and recurring transfers can be canceled by 3:30 p.m. the day prior to the scheduled transfer date. If the transfer status is In Process, Pending, or Processed, you cannot cancel the transfer. There currently are no fees for the Service. Fees are subject to change. Transfers are subject to the following limit unless otherwise agreed upon by you and State Bank. • Five (5) outbound transfers per day not to exceed a total of $10,000 The above limit applies to the total of all External Transfers of a specific type for all accounts enrolled in the Service. We may change your dollar limits and transfer limit at any time. Cash Management Feature (Commercial Customer Only) These features are in addition to those listed above. • Initiate Tax Payments via the EFTPS system • Create NACHA formatted files (ACH Receipts/ACH Payments/Collection) • Add/Manage Users • Remote Deposit Capture

Appears in 1 contract

Samples: Digital Banking Agreement

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Accountholder’s Warranties. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us utilizing using the Services:‌  Services: · Each image of a check transmitted to us is a true and accurate rendition of the front and back of the Pg 4 original check, without any alteration, and the drawer of the check has no defense against payment of the check. · The amount, the payee, signature(s), and indorsement(sendorsement(s) on the original check are legible, genuine, and accurate.  You · Each check that you submit to us for deposit will not deposit be resubmitted in any format to us or otherwise indorse to a third party any other person for payment and will not cause the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise same drawer’s account to be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paiddebited twice. · Other than the digital image of an original check that you remotely deposit through RDC the Services, there are no other duplicate images of the original check.  You have instituted procedures to ensure that each · Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.  The information you provided in any Application for RDC Services remains true and correct and, in the event any such information changes, you will immediately notify us of the change.  · You have not knowingly failed to communicate any material information to us. · You have will retain possession of each original check deposited using the Services for the required retention period and no neither you nor any other party will submit the original check for payment. · Your account into which you deposit checks using the Services, and the funds from such checks, are only used for consumer purposes and not for business purposes. · You will not use the Services and/or your accounts for any illegal activity or transactions. · Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Appears in 1 contract

Samples: Mobile Check Deposit User Agreement

Accountholder’s Warranties. You make the following warranties and representations with respect to your use of the Service and each image of an original check you transmit to us utilizing using the Services:‌  Service: • Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.  ; • The amount, the payee, signature(s), and indorsement(sendorsement(s) on the original check are legible, genuine, and accurate.  You ; • Each check you submit to us for deposit will not deposit or otherwise indorse be resubmitted in any format to a third party the original item (the original check) and no person will receive a transferus, presentmentto any other person, or return ofother financial institution for payment, or otherwise and will not cause the same drawer’s account to be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.  debited twice; • Other than the digital image of an original check that you remotely deposit through RDC Servicesthe Service, there are no other duplicate images of the original check.  You have instituted procedures to ensure that each ; • Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.  The information you provided in any Application for RDC Services remains true and correct and, in the event any such information changes, you will immediately notify us of the change.  ; • You have not knowingly failed to communicate any material information to us.  ; • You have will retain possession of each original check deposited using the Services Service for the required retention period and no neither you nor any other party will submit the original check for payment.  ; • You will not use the Service and/or your accounts for any illegal activity or transactions; Files and images transmitted to us will contain no viruses or any other disabling features that which may have an adverse impact on our network, data, or related systems. • In addition you agree you will not (i) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, (ii) copy or reproduce all or any part of the technology or Service; or (iii) interfere, or attempt to interfere, with the technology or Service. INDEMNIFICATION—You agree to indemnify, defend and hold harmless United Southeast Federal Credit Union, our affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) arising directly or indirectly from: (a) your use of the Service; (b) our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, (c) your negligence or intentional conduct; (d) your violation or breach of the terms under this Agreement including, but not limited to, any breach which results in the unauthorized and/or non-permissible use of information obtained via United Southeast Federal Credit Union’s Mobile Access service; and/or (e) your infringement, or infringement by any other user of your account(s) at our website, of any intellectual property or other right of any person or entity.

Appears in 1 contract

Samples: www.usfcu.org

Accountholder’s Warranties. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us utilizing using the Services:‌  Services:  Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. The amount, the payee, signature(s), and indorsement(sendorsement(s) on the original check are legible, genuine, and accurate.  You  Each check that you submit to us for deposit will not deposit be resubmitted in any format to us or otherwise indorse to a third party any other person for payment and will not cause the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise same drawer’s account to be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paiddebited twice. Other than the digital image of an original check that you remotely deposit through RDC the Services, there are no other duplicate images of the original check.  You have instituted procedures to ensure that each  Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.  You are authorized to enforce each item transmitted or are authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.  The information you provided in any your Membership Application for RDC Services remains and Account Agreement is true and correct and, in the event any such information changes, you will immediately notify us of the change. You have not knowingly failed to communicate any material information to us. You have will retain possession of each original check deposited using the Services for the required sixty (60) day retention period and no neither you nor any other party will submit the original check for payment.  You will not use the Services and/or your accounts for any illegal activity or transactions.  Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.  Each check you submit for deposit is drawn in United States dollars on a financial institution located in the United States, excluding its territories.

Appears in 1 contract

Samples: Remote Deposit Capture User Agreement

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