Bank Responsibilities. The Bank's duties and responsibilities shall only be those expressly set forth in this Agreement. The Bank hereby agrees that it shall at all times during the term of this Agreement exercise its reasonable care and efforts in performing its obligations hereunder. The Bank will perform such obligations and responsibilities in accordance with all applicable laws, including, but not limited to, Securities and Exchange Commission rules and regulations. The Bank intends to rely on the Securities and Exchange Commission no-action letters entitled Sife Trust Fund (Feb. 17, 1982), Norwest Bank Minnesota, N.A. (May 25, 1995) and The Chase Manhattan Bank (July 24, 2001) in performing its responsibilities under this Agreement. Neither the Bank nor its agents shall be responsible for any loss or liability arising from their performance of the Bank's duties under this Agreement, except for direct loss or liability (but not consequential or punitive damages) arising from the Bank's, or its agent's, willful misfeasance, bad faith or gross negligence in the performance of the Bank's duties under this Agreement. In no event shall the Bank be liable for special, indirect or consequential damages, or lost profits or loss of business, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages and regardless of the form of action.
Bank Responsibilities. A. Bank will provide access to the processing software for the Mobile Deposit Service through Bank’s Mobile App. Bank will also provide maintenance and support for the Mobile Deposit Service to ensure the accurate processing of checks, including but not limited to:
1. Corrections, contingent or alternate work methods, and repairs to any known system bugs or errors.
2. Modifications, enhancements, or updates that Bank elects to make generally available to its customers.
3. Telephone and email support during Bank’s normal business hours.
B. Bank will provide Documentation as well as training materials and support reasonably required for Customer’s use of the Mobile Deposit Service.
C. Bank will accept for deposit and collection to the Customer’s designated account(s) the Electronic Images of Original Checks that are transmitted to Bank in compliance with this Agreement and all applicable laws, rules and regulations. Mobile Deposits are deemed to have been received upon confirmation by Bank of successful receipt of the transmission of Electronic Images that are complete, usable, and adhere to the data specifications set forth in this Agreement. If the Electronic Images are not complete, are not usable, or do not adhere to data specifications, the images may not be processed by Bank. In such event, your deposit will be adjusted and notification will be provided to you.
D. Bank will process your Electronic Images that are Sufficient Image Copies after it has received your transmission of Electronic Images. Bank will use commercially reasonable efforts to present the Sufficient Image Copies for collection under the Check 21 framework. Unless Bank notifies you otherwise, Bank will provide same day ledger credit to your deposit account for all Sufficient Image Copies transmitted by you and received by Bank in accordance with the requirements of this Service and within the timelines established by Bank. However, Bank shall not be responsible for providing ledger credit on the same day a file is transmitted to Bank by you unless the file containing the Electronic Image is fully received by Bank prior to the cut-off time of 4 p.m.
Bank Responsibilities. 111.1 In the performance of the Wire Service, Bank shall be entitled to rely solely on the information, representations, and warranties provided by Customer and shall not be responsible for the accuracy or completeness thereof. Bank shall be responsible only for performing the Wire Service as expressly provided for in this Part IV. Bank shall not be responsible for Customer’s acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal or authorization of any instruction or transaction received from Customer or through Customer’s Access Devices) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, and no such person shall be deemed Bank’s agent. Customer agrees to indemnify and defend Bank against any loss, liability or expense (including reasonable attorneys’ fees and expenses) resulting from or arising out of any claim arising from the Wire Service.
111.2 Customer acknowledges and agrees that Bank’s provision of the Wire Service hereunder may be interrupted from time to time. Without limiting the generality of the foregoing, Bank shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment or software error or malfunction, war, acts of terrorism, emergency conditions or other circumstances beyond Bank’s reasonable control. From time to time Bank may need to temporarily suspend the Wire Service or the processing of a transaction for greater scrutiny or verification, including, but not limited to, suspending processing to review for suspected fraudulent activity, verification that Available Funds are sufficient as well as fully collected and valid, or for OFAC compliance in accordance with applicable OFAC guidance, and Bank shall be excused if this action causes delay in the settlement and/or availability of the transaction. In addition, Bank shall be excused from failing to transmit or delay in transmitting a payment, transfer or other use of the Wire Service
(i) if, in Bank’s reasonable judgment, processing a payment, transfer or other use of the Wire Service would violate or contribute to the violation of any present or future risk control program of the Federal Reserve or any applicable rule, law, regulation, or regulatory requirement; (ii) if Bank reasonably suspects that a transaction involves fraudulent activity or that Av...
Bank Responsibilities. (i) Upon mutual agreement, Bank may provide transmission testing and training support for Client’s implementation of the Service.
(ii) Bank will provide maintenance and support necessary to permit Client’s transmission of Image Cash Letter Files through the Service.
(iii) Bank will accept for deposit to the designated Account Check Images that are transmitted to Bank in compliance with these Service Terms &Conditions. Check Images are deemed received upon successful receipt of the transmission of such images that are complete, usable, and adhere to the data specifications and procedures as communicated from Bank to Client, including the Item count and dollar total of the file being transmitted. If the required procedures are not followed correctly, or the Check Images are not complete, are not useable, or do not adhere to such data specifications, the images may not be processed by Bank or its Vendor, in which event Client’s deposit will be adjusted and notification will be provided to the designated email contact at Client.
(iv) Client’s Check Images will be processed after Bank has received Client’s transmission of the images. Bank will use commercially reasonable efforts to present Image Exchange Items and Substitute Checks for collection. Unless Bank notifies Client otherwise, Bank will provide ledger credit to the Account for all Items transmitted by Client and received by Bank in accordance with the requirements of these Service Terms & Conditions, and within the funds availability policy and timelines established by Bank from time to time.
(v) If a Payor Financial Institution returns an Item to Bank, Bank will charge the Account for such returned Item, and may either (i) return the Item to Client, or (ii) re-present it to the Payor Financial Institution before returning it to Client. Items may be returned as Image Exchange Items, rather than Substitute Checks, as agreed by the parties. If a Payor Financial Institution or other third party makes a claim against Bank or seeks a recredit with respect to any Check processed hereunder, Bank may provisionally freeze or hold aside a like amount in the Account pending investigation and resolution of the claim.
(vi) Bank may suspend immediately the Services or the processing of any Check or corresponding Check Image if Bank has reason to believe that there has been a breach in the security of the Service, fraud involving Client’s Account or such Check, or any uncertainty as to the authorization or accuracy o...
Bank Responsibilities i. Subject to the terms and conditions of this Agreement, Bank will act upon a Funds Transfer Request after receipt by making applicable accounting entries or by transmitting payment instructions to the applicable bank or other third party on the Value Date. Bank will acknowledge receipt of each Funds Transfer Request and each other message initiated by electronic data transmission by you to Bank by sending you a control number or an acknowledgment message by electronic data transmission.
ii. Bank may reject any Funds Transfer Request which, either in whole or in part, exceeds the collected and available funds on deposit with Bank in the applicable Account on the Value Date or other date upon which Bank acts upon the Funds Transfer Request. Funds are not available if, in the reasonable determination of Bank, they are subject to any hold, dispute or legal process preventing their withdrawal. Bank may in its discretion create an overdraft to complete a funds transfer, and you agree to repay Bank, or cause Bank to be repaid, the amount of the overdraft immediately, whether or not demand is made. Bank is not obligated, however, to create any overdraft or to give any notice that an overdraft will not be created, regardless of how many overdrafts may have been created previously. Bank may reject a Funds Transfer Request which does not conform in form and substance with the requirements of this Agreement or any applicable User Guide. Bank may reject a Funds Transfer Request the authenticity of which Xxxx has attempted and been unable to verify through the Security Procedure. Bank may reject a Funds Transfer Request if initiating such funds transfer would cause Bank, in Bank’s sole discretion, to exceed any volume, aggregate dollar, network, time or similar limits upon wire transfers which are applicable to Bank.
iii. In rejecting any Funds Transfer Request, Bank will notify you of such rejection by telephone, facsimile transmission, e-mail, electronically through the Bank’s online platform, or by mail if Bank has been unable to contact you by another method by its close of business on the day on which it first attempts to give such notice. Each notice of rejection is effective when given.
iv. In acting on any Funds Transfer Request, Bank may utilize any means of transmission, funds transfer system or intermediary bank reasonably selected by Bank, even if Bank’s selection differs from instructions in the request.
v. Except as otherwise expressly provided in this A...
Bank Responsibilities. In reliance on the information provided by Company, excluding valid stop Payment Orders and issue records voided by Company request, all Items, excluding those that have been electronically converted, that match by Check number, amount and payee to the Check Issue File will be deemed properly payable and Bank is authorized to pay all such items. Company acknowledges that Bank will not be able to compare payee information for handwritten or electronically converted Items presented to Bank’s for payment. Each Business Day Bank shall make reasonable efforts to report to Company any Items that do not match the Check Issue File and, if requested and available, provide the front and back images of those Items for that day’s presentment; provided, however, no images shall be provided in the case of electronically converted Items. Company agrees to review and make payment decisions on the Exception items prior to Bank’s established Cut-off’s which are detailed within the Business Online Banking programs. If Company requests a default setup for Bank to pay all Exception Items, then Bank is authorized to finally pay any Exception Item unless Company have instructed Bank to return the Exception Item prior to the established Cut-off. Bank may rely on any instruction received from Company that Bank reasonably believes to be genuine. Bank shall have no responsibility for any liability, loss or damage resulting from:
Bank Responsibilities. Bank will make the decision to pay each Check drawn on the Account based on an automated computer comparison of the pertinent information appearing on such Checks and the Check Issue File. Bank may pay and charge to the Account each Presented Check that matches the Check information in the Check Issue File. Bank’s failure to report a discrepancy will not discharge Client’s obligation on any Check and shall not obligate Bank to return any Check if it is otherwise properly payable.
Bank Responsibilities. The Bank's duties and responsibilities shall only be those expressly set fo1th in this Agreement. The Bank hereby agrees that it shall at all times during the term of this Agreement exercise its reasonable care and efforts in performing its obligations hereunder. The Bank will perform such obligations and responsibilities in accordance with all applicable laws, including, but not limited to, Securities and Exchange Commission rules and regulations. The Bank intends to rely on the Securities and Exchange Commission no-action letters entitled Sife Trust Fund (Feb. 17, 1982),
Bank Responsibilities. (a) The Bank warrants and agrees that it shall ensure the protection of the data privacy rights of the Client Data Subjects, or individuals whose personal, sensitive personal, or privileged information is controlled by or processed by the Client on its own or through its representatives, in the implementation of this Agreement. Pursuant thereto, both Parties agree to comply with the Data Privacy Act of 2012 and all applicable and relevant laws, their respective implementing rules and regulations and data privacy protection rules and policies being implemented or to be implemented by the National Privacy Commission. In line therewith, each Party warrants and represents that it has in place and is implementing all the organizational, physical and technical security measures for the protection of Personal Information and/or Sensitive Personal Information required under the Data Privacy Act, and any additional or specific measures required by the data privacy protection rules and policies being implemented or to be implemented.
(b) The Bank shall take all the steps necessary to ensure that any person acting under its authority and who has access to Personal Information and/or Sensitive Personal Information of the Client Data Subjects processed, does not process them except upon the Client’s instructions, or in accordance with applicable law. Notwithstanding anything to the contrary, the Bank shall be the Personal Information Processor as defined under the Data Privacy Act of 2012. Hence, the Client as the Personal Information Controller shall be responsible in obtaining the consent of its Data Subjects.
(c) The Bank will ensure that its requirements and procedures stated herein as well as those indicated in the CMODS, and BBEF are complied with and observed.
Bank Responsibilities. Bank will provide access to the processing equipment and software for the IBC Mobile Banking Services through the Bank’s Mobile application. Bank will also provide maintenance and support for the IBC Mobile Banking Services to ensure the accurate delivery of the IBC Mobile Banking Services, including, but not limited to: Corrections, contingent or alternate work methods, and repairs to any know system bugs or errors. Modifications, enhancements, or updates that Bank elects to make generally available to its customers. Telephone and e-mail support during Bank’s normal business hours. Bank will provide the required User ID and password to customer in order to engage in the IBC Mobile Banking Services. Bank will provide related documentation as well as training materials and support reasonably required for customer's use of the IBC Mobile Banking Services.
