Customer Representations and Agreements; Indemnity. With respect to each and every ACH Entry initiated by Customer, the Customer represents and warrants to AB&T and agrees that (a) each person or business shown as the Receiver on an ACH Entry received by AB&T from Customer has authorized the initiation of such ACH Entry and the crediting or debiting of its account in the amount and on the Effective Entry Date shown on such ACH Entry, (b) such authorization is operative at the time of transmittal of crediting or debiting by AB&T as provided herein, (c) Customer shall perform its obligations under this Agreement in accordance with all applicable laws and regulations, including the sanctions laws administered by OFAC, and (d) Customer shall be bound by and comply with the Rules as in effect from time to time including without limitation the provision making payment of an ACH Entry by the Receiving Depository Financial Institution to the Receiver provisional until receipt by the Receiving Depository Financial Institution of final settlement for such ACH Entry. Customer specifically acknowledges that it has received Notice of the Rule regarding provisional payment and of the fact that, if such settlement is not received, the Receiving Depository Financial Institution shall be entitled to a refund from the Receiver of the amount credited or debited and Customer shall not be deemed to have paid the Receiver the amount of the ACH Entry. Customer shall indemnify AB&T against any loss, liability or expense (including attorneys’ fees and expenses) resulting from or arising out of any breach of any of the foregoing representations or agreements.
Customer Representations and Agreements; Indemnity. If you have met, in our sole discretion, the conditions we have established for use of Digital Deposits to make deposits via Electronic Images, we will provide Internet access to our computer network and accept for deposit to your Account(s) the Electronic Images of Original Checks for collection as allowed under this Agreement and the Documentation. However, you agree that you will not use Digital Deposits to submit any of the following: • Checks or items payable to any person or entity other than you/your company • Checks or items drawn on foreign financial institutions or payable other than in United States money • Checks or other items containing apparent alteration to any of the information on the front of the check or item, or which you know or suspect (or should know or suspect) are fraudulent or otherwise not authorized by the owner of the Account on which the check or item is drawn • Original Checks or other items previously converted to a Substitute Check • Checks or items that are Remotely Created Checks (as defined in Reg. CC) • Checks or items dated more than six (6) months prior to the date of deposit • Checks or items prohibited by Bank’s current Documentation relating to Digital Deposits, or checks or items which are otherwise not acceptable under the terms of your Account(s) Such Electronic Images shall be deemed received by us for deposit based upon time of receipt as well as successful receipt of Electronic Images that are complete, usable, and adhere to the Standards. If any Electronic Image is not complete, is not usable, or does not adhere to the Standards, the Electronic Image may not be processed by us, in which event your deposit will be adjusted and notification provided. You authorize us to accept transfers, checks and other items for deposit to your Account if they are made payable to, or to the order of, any one or more of you, whether or not they are endorsed by you. You authorize us to supply missing endorsements, and you warrant that all endorsements are genuine. All checks and other items deposited to your Account should be endorsed payable to the order of “Frost Bank for deposit only,” followed by your signature and Account number. All endorsements must appear on the back of the check or other item within the first 1-1/2 inches from the left side of the item when looking at it from the front, except that for Substitute Checks, endorsements that appeared on the back of the original check must also appear on the back of the ...
Customer Representations and Agreements; Indemnity a. Customer represents to Bank and agrees that (i) each person shown as the Receiver on an Entry received by Bank from Customer has authorized the initiation of such Entry and the crediting or debiting of the Receiver’s account in the amount and on the Effective Entry Date shown on such Entry, (ii) such authorization is operative at the time of transmittal, crediting or debiting by Bank as provided herein, (iii) Entries transmitted to Bank by Customer are limited to the types of Credit Entries and Debit Entries permitted by Bank and comply with the provisions of United States law, (iv) Customer will perform its obligations under this ACH Addendum in accordance with all applicable laws and regulations, and (v) Customer shall be bound by and comply with the Rules as in effect from time to time, including, without limitation, the provision thereof making payment of an Entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such Entry; and specifically acknowledges that it has received notice of that Rule and of the fact that, if such settlement is not received, the RDFI will be entitled to a refund from the Receiver of the amount credited and Customer shall not be deemed to have paid the Receiver the amount of the Entry. While the Rules state that a consumer has sixty (60) calendar days from the original date of the entry to return an unauthorized debit item, Regulation E states that the consumer has sixty (60) calendar days from the statement date to return the item. Originator will be obligated to honor the unauthorized return, according to the Regulation E time frame.
Customer Representations and Agreements; Indemnity. The Customer agrees that (a) each person shown as the Receiver on an Entry received by the Bank from the Customer has authorized the initiation of such Entry and the crediting of its account in the amount and on the Effective Entry Date shown on such Entry, (b) such authorization is operative at the time of transmittal or crediting by the Bank as provided herein, (c) Entries transmitted to the Bank by the Customer are limited to those types of Entries set forth in Section 32, (d) the Customer will comply with all security procedures described in each applicable addendum, schedule, appendix, authorization or other document delivered or made available by the Bank to the Customer, and will not bypass, override or disable any security mechanisms required by each applicable addendum, schedule, appendix, authorization or other document delivered or made available by the Bank to the Customer, (e) the Customer will notify Bank of any security incidents or breaches at the Customer’s location, (f) the Customer insures updates for operating systems and third party applications are completed in a timely fashion, (g) the Customer shall perform its obligations under this Agreement in accordance with all applicable laws and regulations, and
Customer Representations and Agreements; Indemnity. In addition to Customer representations, agreements and warranties otherwise described in this Appendix, Customer further represents and warrants to Bank and agrees, with respect to each and every Entry transmitted by Customer or any Third-Party Service Provider on Customer’s behalf, that:
Customer Representations and Agreements; Indemnity. Customer acknowledges and agrees that a. each person shown as the Receiver on an Entry received by Bank from Customer has authorized the initiation of such Entry and the Crediting of its account in the amount and on the Effective Entry Date shown on such Entry and Bank may review a sample of such written authorization upon reasonable request, b. such authorization is operative at the time of transmittal or crediting by Bank as provided herein,
Customer Representations and Agreements; Indemnity. With respect to each and every deposit initiated by Customer, Customer represents and warrants to Bank and agrees that to the best of Customer’s knowledge (a) each deposit is made payable to the Customer (b) any necessary authorization is operative at the time of transmittal or crediting/debiting by Bank as provided herein, and (c) Customer shall perform its obligations under this Supplemental Agreement in accordance with all applicable laws and regulations, including, but not limited to, the Bank Secrecy Act and the sanctions laws administered by OFAC. Customer warrants that it will not deposit any prohibited items. Customer represents and warrants that the imaging and remote capture process shall be monitored to assure that the system cannot be used for illicit activities including, but not limited to, processing of counterfeit or other fraudulent checks or any activities that would facilitate money laundering. Customer shall indemnify Bank against any loss, liability, or expense (including attorney’s fees and expenses) resulting from or arising out of any breach of any of the foregoing representations or agreements.
Customer Representations and Agreements; Indemnity. With respect to each and every deposit initiated by Customer, Customer represents and warrants to Bank and agrees that to the best of Customer’s knowledge
Customer Representations and Agreements; Indemnity. Customer shall perform its obligations under this Agreement in accordance with all applicable laws, regulations, and orders, including but not limited to the sanctions laws, regulations, and orders administered by OFAC.
Customer Representations and Agreements; Indemnity. In addition to your agreements, representations and warranties under this Agreement and your Deposit Agreements: with respect to each and every Entry initiated by you, you represent and warrant to Bank and agree that:
