Charges and Fees. You agree (for yourself and the person or entity you represent if you sign as a representative of another) to be bound by the terms of this Agreement, the applicable Account Agreements, and any applicable fee schedules. You authorize us to deduct charges and fees accrued directly from the Account balance. You will pay any additional reasonable charges for services you request which are not covered by this Agreement, in accordance with our Fee Schedule. If the Account is held or controlled by more than one person, each of you agrees to be jointly and individually liable for any Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Account. This liability is due immediately and may be deducted by us directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, including, to the extent permitted by law, our reasonable attorneys’ fees. Freezing an Account We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account), in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or, until the dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds. Closing an Account You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except that we may require you to give us seven days advance notice when you intend to close your savings, money market, or interest-bearing checking Account (see Notice of Withdrawal section). You or we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balance, we may consider your Account closed. This Agreement continues to govern matters related to your Account even after your Account is closed. Our decision to close the Account or terminate a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closing. Evidence of Transactions If we go to court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule. Indemnification and Limitation of Liability You agree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages. We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditions, such as a war, terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplier, or any mail or courier service;
Appears in 2 contracts
Samples: Personal Deposit Agreement, Personal Deposit Agreement
Charges and Fees. You agree (for yourself and the person or entity you represent if you sign as a representative of another) ), to be bound by the terms of this Agreement, the applicable Account Agreements, and any applicable fee schedulesschedule or disclosure. You authorize us to deduct charges and fees accrued directly from the Account balance. You will agree to pay the Bank the fees and charges set forth in the Account Disclosure and any additional reasonable fees and charges imposed by the Bank from time to time under the Account Agreements (e.g. Returned Item Fee and/or Paid Item Fee discussed in the Additional Terms and Services section of the Agreement), Account Disclosure and associated service fees schedule, and any other written agreement between you and the Bank (including but not limited to the eStatements Agreement, Online Banking Agreement, External Transfers Agreements, Funds Availability Policy, Electronic Funds Transfer Agreement, Privacy Notice, any rules covering IRAs, or any other agreements for services you request which any other accounts) as they currently exist or as they may be amended or replaced from time to time. We may change the service fees schedule in the Account Disclosure at any time and will provide notice of the changes in the same way that notice is provided for changes to the Account Agreements. You are not covered by liable for and agree to pay all of the Bank’s internal and external costs, collection expenses, or other expenses we incur from your failure to perform any of your obligations under this Agreement. All these costs and expenses, in accordance with our Fee Schedulesuch as collection and recovery costs, attorney fees, and court costs, including fees on any mediation, arbitration, appeal, bankruptcy proceedings, and post judgment collection actions, will be added to your present debt, and interest may be charged on them at the highest rate allowed by law. If the Account is held or controlled by more than one person, each of you agrees to be jointly and individually You are liable for and agree to pay Bank’s internal and external costs incurred from your deposit of a check payable in a foreign currency for which dollar credit has been given. We may deduct all fees and charges from any Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Accountof any Account Holder without prior notice. This liability is due immediately and may be deducted by us directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, including, to the extent permitted by law, our reasonable attorneys’ fees. Freezing an Account We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account), in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or, until the dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds. Closing an Account Account You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except that we may require you to give us seven days advance notice when you intend to close your savings, money market, or interest-bearing checking Account (see Notice of Withdrawal section). You or we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balance, we may consider your Account closed. This Agreement continues to govern matters related to your Account even after your Account is closed. Our decision to close the Account or terminate a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closing. Evidence of Transactions If we go to court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule. Indemnification and Limitation of Liability You agree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages. We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditions, such as a war, terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplier, or any mail or courier service;
Appears in 2 contracts
Samples: Personal Deposit Agreement, Personal Deposit Agreement
Charges and Fees. You agree (for yourself and the person or entity you represent if you sign as a representative of another) ), to be bound by the terms of this Agreement, the applicable Account Agreements, and any applicable fee schedulesschedule or disclosure. You authorize us to deduct charges and fees accrued directly from the Account balance. You will agree to pay the Bank the fees and charges set forth in the Account Disclosure and any additional reasonable fees and charges imposed by the Bank from time to time under the Account Agreements (e.g. Returned Item Fee and/or Paid Item Fee discussed in the Additional Terms and Services section of the Agreement), Account Disclosure and associated service fees schedule, and any other written agreement between you and the Bank (including but not limited to the eStatements Agreement, Online Banking Agreement, External Transfers Agreements, Funds Availability Policy, Electronic Funds Transfer Agreement, Privacy Notice, any rules covering IRAs, or any other agreements for services you request which any other accounts) as they currently exist or as they may be amended or replaced from time to time. We may change the service fees schedule in the Account Disclosure at any time and will provide notice of the changes in the same way that notice is provided for changes to the Account Agreements. You are not covered by liable for and agree to pay all of the Bank’s internal and external costs, collection expenses, or other expenses we incur from your failure to perform any of your obligations under this Agreement. All these costs and expenses, in accordance with our Fee Schedulesuch as collection and recovery costs, attorney fees, and court costs, including fees on any mediation, arbitration, appeal, bankruptcy proceedings, and post judgment collection actions, will be added to your present debt, and interest may be charged on them at the highest rate allowed by law. If the Account is held or controlled by more than one person, each of you agrees to be jointly and individually You are liable for and agree to pay Bank’s internal and external costs incurred from your deposit of a check payable in a foreign currency for which dollar credit has been given. We may deduct all fees and charges from any Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Accountof any Account Holder without prior notice. This liability is due immediately and may be deducted by us directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, including, to the extent permitted by law, our reasonable attorneys’ fees. Freezing an Account We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account), in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or, until the dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds. Closing an Account You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except that we may require you to give us seven days advance notice when you intend to close your savings, money market, or interest-bearing checking Account (see Notice of Withdrawal section). You or we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balance, we may consider your Account closed. This Agreement continues to govern matters related to your Account even after your Account is closed. Our decision to close the Account or terminate a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closing. Evidence of Transactions If we go to court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule. Indemnification and Limitation of Liability You agree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages. We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditions, such as a war, terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplier, or any mail or courier service;
Appears in 1 contract
Samples: Personal Deposit Agreement
Charges and Fees. You agree (for yourself and the person or entity you represent if you sign as a representative of another) ), to be bound by the terms of this Agreement, the applicable Account Agreements, and any applicable fee scheduleslist of Service Fees or disclosure. You authorize us to deduct charges and fees accrued directly from the Account balance. You will agree to pay the Bank the fees and charges set forth in the Account Disclosure and any additional reasonable fees and charges imposed by the Bank from time to time under the Account Agreements (e.g. Returned Item Fee and/or Paid Item Fee discussed in the Additional Terms and Services section of the Agreement), Account Disclosure and associated list of Service Fees, and any other written agreement between you and the Bank (including but not limited to the eStatements Agreement, Online Banking Agreement, External Transfers Agreements, Funds Availability Policy, Electronic Funds Transfer Agreement, Privacy Notice, any rules covering IRAs, or any other agreements for services you request which any other Accounts) as they currently exist or as they may be amended or replaced from time to time. We may change the list of Service Fees in the Account Disclosure at any time and will provide notice of the changes in the same way that notice is provided for changes to the Account Agreements. You are not covered by liable for and agree to pay all of the Bank’s internal and external costs, collection expenses, or other expenses we incur from your failure to perform any of your obligations under this Agreement. All these costs and expenses, in accordance with our Fee Schedulesuch as collection and recovery costs, attorney fees, and court costs, including fees on any mediation, arbitration, appeal, bankruptcy proceedings, and post judgment collection actions, will be added to your present debt, and interest may be charged on them at the highest rate allowed by law. If the Account is held or controlled by more than one person, each of you agrees to be jointly and individually You are liable for and agree to pay Bank’s internal and external costs incurred from your deposit of a check payable in a foreign currency for which dollar credit has been given. We may deduct all fees and charges from any Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Accountof any Account Holder without prior notice. This liability is due immediately and may be deducted by us directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, including, to the extent permitted by law, our reasonable attorneys’ fees. Freezing an Account We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account), in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or, until the dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds. Closing an Account You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except that we may require you to give us seven days advance notice when you intend to close your savings, money market, or interest-bearing checking Account (see Notice of Withdrawal section). You or we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balance, we may consider your Account closed. This Agreement continues to govern matters related to your Account even after your Account is closed. Our decision to close the Account or terminate a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closing. Evidence of Transactions If we go to court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule. Indemnification and Limitation of Liability You agree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages. We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditions, such as a war, terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplier, or any mail or courier service;.
Appears in 1 contract
Samples: Electronic Funds Transfer Agreement
Charges and Fees. You agree (for yourself and the person or entity you represent if you sign as a representative of another) ), to be bound by the terms of this Agreement, the applicable Account Agreements, and any applicable fee schedulesschedule or disclosure. You authorize us to deduct charges and fees accrued directly from the Account balance. You will agree to pay the Bank the fees and charges set forth in the Account Disclosure and any additional reasonable fees and charges imposed by the Bank from time to time under the Account Agreements (e.g. Returned Item Fee and/or Paid Item Fee discussed in the Additional Terms and Services section of the Agreement), Account Disclosure and associated service fees schedule, and any other written agreement between you and the Bank (including but not limited to the eStatements Agreement, Online Banking Agreement, External Transfers Agreements, Funds Availability Policy, Electronic Funds Transfer Agreement, Privacy Notice, any rules covering IRAs, or any other agreements for services you request which any other accounts) as they currently exist or as they may be amended or replaced from time to time. We may change the service fees schedule in the Account Disclosure at any time and will provide notice of the changes in the same way that notice is provided for changes to the Account Agreements. You are not covered by liable for and agree to pay all of the Bank’s internal and external costs, collection expenses, or other expenses we incur from your failure to perform any of your obligations under this Agreement. All these costs and expenses, in accordance with our Fee Schedulesuch as collection and recovery costs, attorney fees, and court costs, including fees on any mediation, arbitration, appeal, bankruptcy proceedings, and post judgment collection actions, will be added to your present debt, and interest may be charged on them at the highest rate allowed by law. If the Account is held or controlled by more than one person, each of you agrees to be jointly and individually You are liable for and agree to pay Bank’s internal and external costs incurred from your deposit of a check payable in a foreign currency for which dollar credit has been given. We may deduct all fees and charges from any Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Accountof any Account Holder without prior notice. This liability is due immediately and may be deducted by us directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, including, to the extent permitted by law, our reasonable attorneys’ fees. Freezing an Account We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account), in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or, until the dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds. Closing an Account You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except that we may require you to give us seven days advance notice when you intend to close your savingsyoursavings, money market, or interest-bearing checking Account (see bearingchecking Account(see Notice of Withdrawal section). You or we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balancezerobalance, we may consider your Account closed. This Agreement continues Agreementcontinues to govern matters related to your Account even after your Account is closed. Our decision to close the Account or terminate a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closing. Evidence of Transactions If we go to court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule. Indemnification and Limitation of Liability You agree Youagree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages. We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditionsemergencyconditions, such as a war, ,terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplieranysupplier, or any mail or courier service;
Appears in 1 contract
Samples: Personal Deposit Agreement
Charges and Fees. You will be charged fees for the Services in accordance to those disclosed in the Fee Schedule, which include charges for other transactions and optional services (e.g. Non- Sufficient Funds (NSF) or Stop Payment Fees). (Our current Fee Schedule can always be accessed on our home page at xxxxxxxxxxxx.xxx). You agree (for yourself to pay such fees and the person or entity you represent if you sign as a representative of another) to be bound by the terms of this Agreement, the applicable Account Agreementscharges, and any applicable fee schedules. You authorize us to deduct charges charge your designated Payment Account for these amounts and fees accrued directly from the Account balance. You will pay any additional reasonable charges that may be incurred by you. In the event of your failure to timely pay us, you authorize us to effect automatic payment from one of your Accounts by electronic, paper, or other means. In the event we are unable to process an Online Banking or Bill Pay transaction, (if, for services you request which example, there are not covered by this Agreementinsufficient funds in your designated Accounts) the transaction will result in a "Failed Payment and/or Transfer." In such event, in accordance with our Fee Schedulewe will charge the total cost of the transaction, including any service charges, to you. In the event of repetitive Failed Payment and/or Electronic Transfer, we reserve the right to suspend the Services. This suspension may be without prior notice to you. If the Account is held or controlled by more than one personServices are suspended, each of you agrees transactions, which were previously initiated, may still continue to be jointly processed (unless canceled) and individually liable confirmation of such cancellation is provided as specified below. Suspension will be handled by our Online Banking Department and all inquiries and correspondence relating thereto including requests for reinstatement should be directed to xxxxxxxxxxxxx@xxxxxxxxxxx.xxx. In the event is the Services are suspended, we will notify you by mail to your listed address. With respect to any Failed Payment and/or Transfer, you agree to reimburse us within fourteen (14) days after notice is sent to you, for any Account shortage resulting from charges funds we have already paid to one or overdraftsmore of your designated Merchants which we were unable to recover by debit to the Merchant or charge to you. In the event that your claim or debt has to be referred to a third party for collection, whether caused by you or another with access to this Account. This liability is due immediately and may be deducted by us directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, includingagree, to the extent permitted by law, our to pay all costs and fees incurred in collecting the outstanding balances, including reasonable attorneys’ fees. Freezing an Account We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account), in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or, until the dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds. Closing an Account You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except that we may require you to give us seven days advance notice when you intend to close your savings, money market, or interest-bearing checking Account (see Notice of Withdrawal section). You or we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balance, we may consider your Account closed. This Agreement continues to govern matters related to your Account even after your Account is closed. Our decision to close the Account or terminate a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closing. Evidence of Transactions If we go to and court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule. Indemnification and Limitation of Liability You agree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages. We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditions, such as a war, terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplier, or any mail or courier service;.
Appears in 1 contract
Samples: Federal Credit Union Electronic Services Consent Agreement
Charges and Fees. You agree (for yourself and the person or entity you represent if you sign as a representative of another) to be bound by the terms of this Agreement, the applicable Account Agreements, and any applicable fee scheduleslist of Service Fees or disclosures. You authorize us to deduct charges and fees accrued directly from the Account balance. You will agree to pay the Bank the fees and charges set forth in the Account Disclosure and any additional reasonable fees and charges imposed by the Bank from time to time under the Account Agreements (e.g., Paid Item Fee discussed in the Additional Terms and Services section of the Agreement), Account Disclosure and associated list of Service Fees, and any other written agreement between you and the Bank (including but not limited to the eStatements Agreement, Online Banking XXXX, External Transfers Agreements, Funds Availability Policy, Electronic Funds Transfer Agreement, Privacy Notice, any rules covering IRAs, or any other agreements for services you request which any other accounts) as they currently exist or as they may be amended or replaced from time to time. We may change the list of Service Fees in the Account Disclosure at any time and will provide notice of the changes in the same way that notice is provided for changes to the Account Agreements. You are not covered by liable for and agree to pay all of the Bank’s internal and external costs, collection expenses, or other expenses we incur from your failure to perform any of your obligations under this Agreement. All these costs and expenses, in accordance with our Fee Schedulesuch as collection and recovery costs, attorney fees, and court costs, including fees on any mediation, arbitration, appeal, bankruptcy proceedings, and post-judgment collection actions, will be added to your present debt, and interest may be charged on them at the highest rate allowed by law. If the Account is held or controlled by more than one person, each of you agrees to be jointly and individually You are liable for and agree to pay the Bank’s internal and external costs incurred from your deposit of a check payable in a foreign currency for which dollar credit has been given. We may deduct all fees and charges from any Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Accountof any Account Holder without prior notice. This liability is due immediately and may be deducted by us directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you . You are liable regardless of whether you signed the item Item or benefited from the charge or overdraft. This includes liability It is a breach of this Agreement for our costs you to collect the deficit, including, fail to the extent permitted maintain sufficient funds to pay for any transaction authorized by law, our reasonable attorneys’ feesyou. Freezing an Account We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account), in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or, or until the dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds. Closing an Account You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except that we may require you to give us seven (7) days advance notice when you intend to close your savings, money market, or interest-bearing checking Account (see Notice of Withdrawal section). You or we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balance, we may consider your Account closed. This Agreement continues to govern matters related to your Account even after your Account is closed. Our decision to close the Account or terminate a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closing. Evidence of Transactions If we go to court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule. Indemnification and Limitation of Liability You agree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages. We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditions, such as a war, terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplier, or any mail or courier service;.
Appears in 1 contract
Samples: Personal Deposit Agreement
Charges and Fees. You will be charged fees for the Services in accordance to those disclosed in the Fee Schedule, which include charges for other transactions and optional services (e.g. Non- Sufficient Funds (NSF) or Stop Payment Fees). (Our current Fee Schedule can always be accessed on our home page at xxxxxxxxxxxx.xxx). You agree (for yourself to pay such fees and the person or entity you represent if you sign as a representative of another) to be bound by the terms of this Agreement, the applicable Account Agreementscharges, and any applicable fee schedules. You authorize us to deduct charges charge your designated Payment Account for these amounts and fees accrued directly from the Account balance. You will pay any additional reasonable charges that may be incurred by you. In the event of your failure to timely pay us, you authorize us to effect automatic payment from one of your Accounts by electronic, paper, or other means. In the event we are unable to process an Online Banking or Xxxx Pay transaction, (if, for services you request which example, there are not covered by this Agreementinsufficient funds in your designated Accounts) the transaction will result in a "Failed Payment and/or Transfer." In such event, in accordance with our Fee Schedulewe will charge the total cost of the transaction, including any service charges, to you. In the event of repetitive Failed Payment and/or Electronic Transfer, we reserve the right to suspend the Services. This suspension may be without prior notice to you. If the Account is held or controlled by more than one personServices are suspended, each of you agrees transactions, which were previously initiated, may still continue to be jointly processed (unless canceled) and individually liable confirmation of such cancellation is provided as specified below. Suspension will be handled by our Online Banking Department and all inquiries and correspondence relating thereto including requests for reinstatement should be directed to xxxxxxxxxxxxx@xxxxxxxxxxx.xxx. In the event is the Services are suspended, we will notify you by mail to your listed address. With respect to any Failed Payment and/or Transfer, you agree to reimburse us within fourteen (14) days after notice is sent to you, for any Account shortage resulting from charges funds we have already paid to one or overdraftsmore of your designated Merchants which we were unable to recover by debit to the Merchant or charge to you. In the event that your claim or debt has to be referred to a third party for collection, whether caused by you or another with access to this Account. This liability is due immediately and may be deducted by us directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, includingagree, to the extent permitted by law, our to pay all costs and fees incurred in collecting the outstanding balances, including reasonable attorneys’ fees. Freezing an Account We reserve the right to place a hold on your Account funds (commonly referred to as “freezing” your Account), in the event that we believe your Account may be subject to irregular, unauthorized, fraudulent, or illegal activity, or in the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or, until the dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds. Closing an Account You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except that we may require you to give us seven days advance notice when you intend to close your savings, money market, or interest-bearing checking Account (see Notice of Withdrawal section). You or we may close your time deposit Account at maturity without advance notice. If your Account reaches a zero balance, we may consider your Account closed. This Agreement continues to govern matters related to your Account even after your Account is closed. Our decision to close the Account or terminate a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closing. Evidence of Transactions If we go to and court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule. Indemnification and Limitation of Liability You agree to reimburse us for all claims, costs, losses, and damages (including fees paid for collection) that we may incur with respect to overdrafts, returned deposits, or check collections in connection with your Account. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages. We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditions, such as a war, terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplier, or any mail or courier service;.
Appears in 1 contract
Samples: Federal Credit Union Electronic Services Consent Agreement
Charges and Fees. You agree (Xxxxx Xxxx Credit Union does not charge a usage fee for yourself and the person or entity you represent if you sign as a representative of another) to be bound by the terms of this Agreement, the applicable Account Agreements, and any applicable fee schedulesMobile Deposit Capture service. You authorize us to deduct charges and fees accrued directly from the Account balance. You will pay any additional reasonable charges for services you request which are not covered by this Agreement, in accordance with our Fee Schedule. If the Account is held or controlled by more than one person, each of you agrees to be jointly and individually liable for any Account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Account. This liability is due immediately and may be deducted by us directly from the Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit, including, to the extent permitted by law, our reasonable attorneys’ fees. Freezing an Account We reserve the right to place start charging for this service at any time. If a hold on your Account funds (commonly referred to as “freezing” your Account)check you transmit for deposit is dishonored, in the event that we believe your Account may be subject to irregular, unauthorized, fraudulentrejected, or illegal activityotherwise returned unpaid, or in the event we become aware of a dispute or claim relating to your Account. This hold will remain in place until we have completed our investigation, or, until the dispute, claim or risk of loss has been resolved to our satisfaction. We will provide you with notice as required by law if we do freeze your Account funds. Closing an Account You or we may close your Account or terminate any service provided in connection with an Account, at any time without advance notice, except agree that we may require charge back the amount of the return to the account the check was originally deposited to and you will be assessed a fee in the amount shown on Xxxxx Xxxx Credit Union’s current Fee Schedule for a returned check. If there are not sufficient funds in your account to give us seven days advance notice when cover the amount of the returned check, the account will be overdrawn and you intend will be responsible for the payment. You agree that Xxxxx Xxxx Credit Union may debit any account maintained by you in order to close obtain payment of your savingsobligations under this disclosure and agreement. You acknowledge that wireless providers may assess fees, money marketlimitations, and restrictions, and that we may contact you concerning accounts at Xxxxx Xxxx Credit Union, including but not limited to account servicing and collection purposes. Image Quality: The image of the check transmitted via the Mobile Deposit Capture feature must be clearly legible. The image being transmitted must comply with all standards for image established by ANSI, the Board of Governors of the Federal Reserve Board, or interest-bearing checking Account (see Notice of Withdrawal section). You any regulatory agency, clearing house or we may close your time deposit Account at maturity without advance noticeassociation. If the image is not legible, the check will NOT be deposited, and you will be notified by email or phone. The check must be completely filled out with the name of the drawer/payor and signature, the paying bank’s pre-printed information, MICR encoded information, the name of the payee, and the payment amount information written on the line and the box. Eligible Checks: • Checks which are defined as a negotiable demand draft drawn on or payable through or at an office of any financial institution Ineligible Checks: You agree to not use the Mobile Deposit Capture to deposit any ineligible checks including but not limited to the following: • Post-dated or stale dated checks • Checks older than 6 months • THIRD PARTY CHECKS: (i.e. any check that is made payable to another party and then endorsed to you by such party) • Checks payable jointly unless they are being deposited into an account in the name of all payees • Checks containing an obvious alteration to any of the fields on the front of the check which you know or suspect, or should know and suspect to be fraudulent • Any check that is incomplete or unsigned • Checks not payable in United States currency or drawn on an institution outside of the U.S. • Checks previously converted to a substitute check • Consumer loans, credit card, and mortgage payments • IRA and Share Certificate deposits • Money orders, travelers’ checks, starter or counter checks, Amex Gift Cheques, Savings Bonds, and cash • Checks from a closed account • Items displaying a “non-negotiable”, “void”, or other similar notation or watermark • Items with incomplete or illegible information • Items with any endorsement on the back other than that specified in this agreement • Items that have previously been submitted through the service or through a Mobile deposit capture service offered at another financial institution • Items that have previously been deposited or negotiated in any way via any method at the Credit Union or any other financial institution Cut-off time and Credit to Accounts: All deposits are subject to hold. Credit given for the check is provisional and subject to final approval of check. Deposits received prior to 4:00 pm Eastern time on a Monday through Friday, excluding legal holidays, will be credited to your Account reaches account on the same business day. Deposits received after 4:00 pm Eastern time or on any day the Credit Union is not open, including legal holidays, will be credited on the next business day. It is in our policy that we make $225 available from an image of an item submitted through Mobile Deposit Capture available to you immediately unless otherwise specified. The remainder of your funds will be available on the second business day or whenever we feel is appropriate. If we are not going to make all the funds from your deposit available on the second business day, we will notify you after reviewing your deposit. Funds you deposit are subject to a zero balancelonger hold if we have reasonable cause to believe the check is uncollectable. In some cases, we may consider your Account closedapprove the waiver of the hold based upon member deposit history as well as other criteria. This Agreement continues to govern matters related to your Account even after your Account is closedSpecial circumstances are on a case-by-case decision and will be determined by the Credit Union. Our decision to close the Account or terminate A returned check from a service will not affect your existing obligations to us, including any obligation to pay fees or charges incurred prior to closingMobile Deposit Capture deposit on a member’s account may result in longer holds being placed on deposits. Evidence of Transactions If we go to court for any reason in connection to your Account, we may introduce into evidence a copy, microfilm, microfiche, or electronic record of any document evidencing a transaction under this Agreement, and such copy, microfilm, microfiche, or electronic record shall be deemed to be as valid as the original without regard to the best evidence rule. Indemnification and Limitation of Liability You agree to receive all notifications regarding your use of this Service, including but not limited to exception notices. With respect to each check you send to Xxxxx Xxxx Credit Union for deposit, you agree to indemnify and reimburse us Xxxxx Xxxx Credit Union for and hold Xxxxx Xxxx Credit Union harmless from and against any and all claimslosses, costs, losses, and damages (including fees paid for collection) that we may incur expenses. This indemnity shall survive termination of your account with respect to overdrafts, returned deposits, or check collections in connection with your Accountus and this disclosure and agreement. We are not liable to you for errors that do not result in a financial loss to you. We may take any action that we are authorized or permitted to take by this Agreement without being liable to you, even if such action causes you to incur fees, expenses, or damages. We are not liable to you for any claim, cost, loss, or damage caused by an event that is beyond our reasonable control. In particular, we are not liable to you if circumstances beyond our reasonable control prevent us from, or delay us in, performing our obligations for a service, including acting on a payment order, crediting a fund transfer to your Account, processing a transaction, or crediting your Account. Circumstances beyond our control include: (1) a natural disaster, such as a hurricane, earthquake or flood; (2) emergency conditions, such as a war, terrorist attack, riot, fire, theft, or labor dispute; (3) a legal constraint or governmental action or inaction; (4) the breakdown or failure of our equipment for any reason, including a loss of electric power; (5) the breakdown of any private or common carrier communication or transmission facilities, any supplier, or any mail or courier service;Endorsement Requirements:
Appears in 1 contract
Samples: www.whiterosecu.com
