Company Representations, Agreements, and Warranties. Company represents that all information provided in the enrollment process and this Agreement is correct and complete. Company agrees to notify Processor in writing of any changes to the information in the Agreement. Company is liable to Processor for all losses or expenses incurred by Processor arising out of Company's failure to report changes. Company agrees to provide notice to the check writer or Receiver at the point of sale, on an invoice, in a service agreement, or other acceptable location. The notice language will be provided to the Company by the Processor. When applicable, Company agrees to complete a Return Item Authorization form, provided by Processor, and will forward to the Financial Institution(s) utilized by the Company so that all returns will be forwarded to Processor after first presentation. If Company accepts payment directly, it is the responsibility of the Company to mark the item appropriately within the solution immediately. Company will be responsible for resolving any issues and fees, including return item bank fees, arising from accepting payments on items that have already been paid or have already been sent for payment through the Representment system. Company acknowledges and agrees by virtue of acceptance and participation in this service that:
Company Representations, Agreements, and Warranties. Company hereby: (i) assumes the responsibilities of, and makes the warranties of, an Originator under the NACHA Operating Rules (the “Rules”) and agrees to reimburse the Originating Depository Financial Institution (“ODFI”) for returns, reversals, adjustments, reclamations, and warranty claims and responsibilities related to Company’s ACH Entries; (ii) agrees to comply with, and be bound by, the Rules, including but not limited to the requirements of Article Two (Rights and Responsibilities of ODFIs, Their Originators and Third Party Senders), Rule 2.15 (Obligations of Third-Party Senders, and of ODFIs and Originators that Use Third Party Senders), and if international ACH Entries are initiated by Company, the Rules applicable to IAT ACH Entries; (iii) agrees to comply with all applicable state and federal laws, rules and regulations, including, but not limited to, sanction laws administered by the Office of Foreign Assets Control (“OFAC”), the Electronic Funds Transfer Act, the Unlawful Internet Gambling Enforcement Act, the Uniform Commercial Code, and Federal Reserve Board Regulation CC and E (the foregoing and the ACH Rules are, collectively, the “Applicable Rules”); and (iv) acknowledges that ACH Entries may not be initiated that violate the laws of the United States, including but not limited to the sanctions laws, regulations, and orders administered by OFAC, laws, regulations, rules, and orders administered by the Financial Crimes Enforcement Network (“FinCEN”), and any state laws, regulations, or orders applicable to the providers of ACH payment services. Company agrees to perform its obligations under this Agreement and in accordance and compliance with the Rules. Processor recommends Company obtain a current copy of the Rules that is published annually. A copy of the Rules book may be purchased at xxxxx://xxx.xxxxx.xxx/store. Company further understands that it is subject to all applicable laws and regulations and that these may supersede provisions in this agreement. Company expressly agrees that it will not initiate Entries that violate the laws of the United States. Company further represents to Processor and agrees that:
Company Representations, Agreements, and Warranties. Company makes the following representations and warranties with respect to the use of the Check 21 Services and each image of an original check that is transmitted to Processor using the Check 21 Services: (i) Company is responsible for the accurate scanning of all checks, for the results of the use of the Check 21 Services, and for submitting and transmitting accurate, complete and readable image cash letter files to Processor; (ii) Company shall assure that all checks are properly endorsed prior to scanning and that the images created accurately represent all of the information on the front and back of the checks, including all endorsements; (iii) each image of a check transmitted to Processor 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; (iv) the amount, the payee, signature(s), and endorsement(s) on the original check are legible, authentic, and authorized; (v) each check that Company submits to Processor will not be resubmitted in any format to Processor, or deposited or resubmitted to any other person or financial institution for payment, resulting in the same drawer’s account to be debited twice; (vi) each check that the Company submits to Processor is drawn in United States dollars on a financial institution located within the United States, excluding its territories; (vii) Company will only transmit eligible items and has handled the original items in accordance with applicable laws, rules and regulations; (viii) each Substitute Check meets all the requirements for legal equivalence under Check 21; (ix) Company will not transmit duplicate items; (x) Company will retain possession of each original check deposited using the Check 21 Services for a reasonable amount of time and neither the Company nor any other party will resubmit the original check for payment; (xi) Company has not knowingly failed to communicate any material information to Processor and all information provided to Processor by Company is accurate and true; (xii) Company and its clients are reputable and are not using Processor or its Check 21 Services as a conduit for money laundering, illegal activity or transactions, or other illicit purposes; (xiii) the sum of all items presented will not exceed any of the limits identified on the Service Agreement;
Company Representations, Agreements, and Warranties. Company makes the following representations and warranties with respect to the use of the Check 21 Services and each image of an original check that is transmitted to Processor using the Check 21 Services: (i) Company is responsible for the accurate scanning of all checks, for the results of the use of the Check 21 Services, and for submitting and transmitting accurate, complete and readable image cash letter files to Processor; (ii) Company shall assure that all checks are properly endorsed prior to scanning and that the images created accurately represent all of the information on the front and back of the checks, including all endorsements; (iii) each image of a check transmitted to Processor 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; (iv) the amount, the payee, signature(s), and endorsement(s) on the original check are legible, authentic, and authorized; (v) each check that Company submits to Processor will not be resubmitted in any format to Processor, or deposited or resubmitted to any other person or financial institution for payment, resulting in the same drawer’s account to be debited twice; (vi) each check that the Company submits to Processor is drawn in United States dollars on a financial institution located within the United States, excluding its territories;
Company Representations, Agreements, and Warranties. While it is intended that checks endorsed as described above will be returned to Processor’s account at Processor’s Financial Institution, rather than Company’s depository account(s), Company recognizes and understands that there may still be some checks that are returned to Company’s depository account(s) notwithstanding the endorsement verbiage directing returned checks to be returned to Processor. Company understands that Processor makes no warranty that returned items will in fact be returned to Processor, and Processor will not be responsible for items returned to Company’s depository bank(s). Company further represents to Processor and agrees that:
