Common use of Deposits Clause in Contracts

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits may be reflected as credited to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 17 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Deposits. (a) Without prejudice to Clause 7(b8(b) and Clause 7(c8(c), deposits may be reflected as credited to your CRC PC account before actual payment of funds are received by us. We are entitled to debit your CRC PC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC PC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC PC account in your CRC PC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC PC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that the time. (e) Any credit balance reflected in your CRC PC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, otherwise howsoever except with our prior written consent.

Appears in 14 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits may be reflected as credited to your CRC CRCS account before actual payment of funds are received by us. We are entitled to debit your CRC CRCS account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC CRCS account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC CRCS account in your CRC CRCS statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in inn the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized authorised signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC CRCS account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization realisation of such cheques or any delay in the realization realisation of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that the time. (e) Any credit balance reflected in your CRC CRCS account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, otherwise howsoever except with our prior written consent.

Appears in 10 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits may be reflected as credited to your CRC CUC account before actual payment of funds are received by us. We are entitled to debit your CRC CUC account with the amount previously credited in relation thereto if any cheques cheque or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC CUC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft cheque or draft, including without limitation informing you of the dishonoured cheque or draft dishonour and reflecting the adjustments to your CRC CUC account in your CRC CUC statement. Dishonoured cheques cheque or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC CUC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques cheque for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques cheque or any delay in the realization of such cheques cheque and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that the time. (e) Any credit balance reflected in your CRC CUC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, otherwise howsoever except with our prior written consent.

Appears in 8 contracts

Samples: Customer Agreement, Cuc Customer’s Agreement, Cuc Customer’s Agreement

Deposits. (a) Without prejudice HBSP/ CVM/ WEL/ TB/ TNC101 3.1 The Bank will accept for deposit into the Account all cash, cheques, bills and other instruments payable to Clause 7(b) and Clause 7(c)the Accountholder. However, deposits may be reflected as credited to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we Bank may at our reasonable discretion debit from your CRC account a service charge or administration fee any time, acting in good faith and without assigning any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion reason refuse to accept any or part of such deposit in whatever form into your CRC account or to limit the amount that may be deposited or and return all or any part of such deposit. Subject to Clause 26 of Part A below, dishonoured cheques or the depositIRD relating thereto may be returned to the Accountholder at the Accountholder’s own risk and expense. 3.2 The Bank will accept, collect or negotiate foreign bills and other instruments provided that the Bank shall not be liable for any loss, damage or delay howsoever caused (dunless such loss, damage or delay was caused solely and directly by the Bank’s gross negligence, misconduct or fraud). 3.3 Unless the Bank has otherwise agreed, any cheque, xxxx or other instrument deposited (whether through the use of the ATM Card at an ATM or otherwise) In receiving cheques into the Account shall be accepted for deposit collection only and the proceeds thereof shall not be available to the Accountholder until such cheque, xxxx or other instrument has been verified and cleared and the proceeds paid to the Bank by the paying bank and credited to the relevant account. 3.4 The Bank shall be entitled in whatever currency, we shall act only as collecting agent and assume no responsibility for its discretion to dishonour any cheque bearing a signature different from the realization specimen signature of such cheques the Accountholder or any delay authorised signatory (as the case may be) or which is not signed in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency authorised manner or not drawn in accordance with our the signature requirements prevailing procedures and practice at that timethe time of presentation. 3.5 The Accountholder shall indemnify the Bank fully and hold the Bank harmless from and against all moneys, liabilities, losses, costs, damages, proceedings, claims and expenses of whatsoever nature which the Bank may incur or suffer as a result of the Bank’s collection or purchase of any cheques, bills or other instruments on the Accountholder’s behalf. The Bank shall be entitled to charge the Account for and/or reverse the entries in and/or debit the Account with the amount of any cheque, xxxx or other instrument collected or purchased by the Bank which is subsequently returned unpaid and/or debit any of the Accountholder’s other accounts with the Bank (ewhether in Singapore or elsewhere) Any credit balance reflected with the amount claimed under this indemnity. 3.6 The Bank’s records in your CRC account cannot relation to the Accountholder’s deposit transactions shall be conclusive and binding against the Accountholder. The Bank reserves the right at all times, acting in good faith, to rectify any inaccuracies or errors in any way be assignedstatement that the Bank may issue to the Accountholder after any such transaction and to debit the Accountholder’s account for such amount that the Bank may subsequently verify as being invalid. 3.7 The Accountholder shall not assign, transferred or charged to transfer, charge, create any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our other interest in or otherwise dispose of or purport to do the same in respect of any Account or any part thereof or any interest thereon accruing without the Bank’s prior written consent.

Appears in 3 contracts

Samples: Terms and Conditions Governing Personal Deposit Accounts, Terms and Conditions Governing Personal Deposit Accounts, Terms and Conditions Governing Personal Deposit Accounts

Deposits. Deposits may be made in person, by mail, or by any other method we make available, such as night depositories and automated teller machines (a) Without prejudice to Clause 7(b) and Clause 7(cATMs), by any person and we are not required to question the authority of the person to make the deposit. Until we are in actual receipt of your deposit, we are not responsible for deposits made by mail, night depository, ATM, or through some other depository not staffed by our authorized employees. If you use any of our night depositories, you do so solely at your own risk. We are not liable for any deposit in the night depository until we issue a written duplicate deposit ticket or other receipt acknowledging the deposit. In addition to the terms of this Agreement, deposits made in a night depository are subject to the terms of the Night Depository Agreement which is hereby incorporated by reference and made a part of this Agreement. All transactions received after our “daily cut-off time” on a Business Day we are open, or received on a day in which we are not open for business, will be treated and recorded as if initiated on the next Business Day. We may refuse to accept particular checks or other Items as a deposit to your account at our discretion. The terms of our Funds Availability Policy will control the determination of the Business Day deposits are deemed received by us and when they will be available for withdrawal. Deposits may be reflected as credited subject to a service charge. When we receive your CRC deposits, we may provisionally credit your account before actual payment of funds are received for the amount declared on the deposit slip, subject to later verification by us. We are entitled to debit your CRC account with You must ensure that the amount previously credited in relation thereto declared on the deposit slip is correct, even if you did not prepare the deposit slip. You agree that our records are conclusive as to the amount of the deposit we received, without regard to any cheques receipt, deposit slip, or drafts are subsequently dishonouredother notice of the deposit amount. In addition theretoIf we later determine that the amount declared on the deposit slip is incorrect, we may at adjust (debit or credit) your account. However, if the error in completing the deposit slip was inadvertent and is less than our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses standard adjustment amount, we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to not adjust your CRC account in your CRC statementaccount. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may change our standard adjustment amount from time to time without notice to you. All checks presented for deposit must be in our reasonable discretion a format that can be processed and we may refuse to accept any check that does not meet this requirement. You agree that you will only deposit a check(s) as that term is defined in whatever form Reg. CC. You represent, warrant, and agree that you will only deposit checks that are properly payable and that you are the person entitled to enforce the checks. Without limiting the generality of the foregoing, you represent and warrant that you will not deposit a counterfeit check and/or a check that contains a forged or unauthorized signature or endorsement. You agree to reimburse us for any loss or expense (including reasonable attorneys’ fees) that we incur because of a check that you deposit to your account. If a check that is payable at a foreign bank or in a foreign currency is deposited or presented for collection, you will be responsible for all collection charges and exchange rate risk associated with the currency exchange. You understand that we will not credit that kind of deposit until receiving the proceeds in United States currency. If you use a service wherein you create or deposit a Remotely Created Check, as that term is defined in Reg. CC, you warrant to us that the person on whose account the Remotely Created Check is drawn authorized the issuance of the check in the amount stated on the check and to the payee stated on the check. You agree that you will maintain proof of such authorization for at least two (2) years from the date of the authorization, and will supply us with such proof within five (5) business days of our request. If we have reason to believe that any Remotely Created Checks you deposit are unauthorized, we may take any action available to us under Sections 21 or 40 of this Agreement and/or may require you to post a bond before allowing a withdrawal of the funds. We may, in our sole discretion, refuse to accept or process for deposit or collection any Remotely Created Checks at any time, with or without cause or prior notice. You agree to properly endorse all checks you deposit. All endorsements on the reverse side of any check deposited into your CRC account must be placed on the left side of the check when looking at it from the front, and must be placed so as to not go beyond an area located 1 1/2 inches from the left edge of the check, when looking at it from the front. You are also responsible to make sure at the time you issue any check that the format is such that there will be no writing whatsoever on the reverse side of the check placed beyond an area located 1 1/2 inches from the left edge of the check when looking at it from the front. It is your responsibility to ensure that these requirements are met and you are responsible for any loss incurred by us for failure of an endorsement to meet this requirement. Notwithstanding the foregoing, you acknowledge and agree that we may accept a check for deposit to your account without an endorsement and that you will incur the liability of an indorser even though you have not endorsed the check. Unless we agree in writing to the contrary, you agree that you will not deposit a substitute check if a bank has not made the warranties in Section 5 of the Check 21 Act (12 U.S.C. § 5004) with respect to substitute checks (“unwarranted substitute check”). If you deposit an unwarranted substitute check, you agree to indemnify us against any loss from any source that we incur (including attorneys' fees and other costs) and hold us harmless, as the result of your depositing the unwarranted substitute check. You also agree to indemnify us and hold us harmless as the result of any loss that we incur if we convert the check that you deposit to a substitute check or an image, and the image of the original check is not an accurate representation of the original check because of the design of the check or the color of the ink used to print, complete the terms of or indorse the check. If any check you deposit to your account or you cash is returned unpaid, we have the right to limit debit your account for the amount of such check, even if it causes such account to become overdrawn, and adjust any related interest earned. If the debit causes your account to become overdrawn and we receive either the original check or a substitute check, you agree that we may keep the original check or substitute check and not return it to you until such time that you deposit sufficient funds in the account to cover the overdrawn balance. If you do not make a deposit sufficient to cover the overdrawn balance, we may attempt collection of the amount of the returned check from the drawer. While we have no obligation to reprocess the returned check, we can reprocess and represent the check to the payor bank. We can process a copy, electronic entry, or other evidence of the returned check. You waive presentment, notice of dishonor and protest. You will, in any event, be deposited liable to us for the amount of any check or return other Item you deposit to your account or receive cash that is returned unpaid, plus our costs and expenses associated with collection of all or any part of the deposit. (d) such amount from you, including reasonable attorney fees. In receiving cheques for deposit in whatever currencyaddition, we shall act only as collecting agent may charge back any deposited check or cashed check at any time for whatever reason, even if the check was not returned timely by the paying or returning bank. We may charge back any check to your account on which there is a claim for breach of warranty even after final settlement of the check. A breach of warranty includes but is not limited to checks that you have deposited that contain an alteration, a forged or missing drawer’s signature, a forged or missing endorsement, checks for which you do not have good title, or Remotely Created Checks that were not authorized by the account holder. If you receive a direct deposit from the federal or state government or other third party and assume no responsibility if the government or third party reverses the deposit for the realization any reason, you authorize us (at our option and without prior notice and without liability to you) to deduct all or part of such cheques or any delay that amount even if it results in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit an overdrawn balance reflected in your CRC account canand the dishonor of Items drawn on your account without investigating whether such credit was not in properly payable to you. You agree that we may reverse any way be assigned, transferred or charged to any credit from a third party if we suspect that the credit is fraudulent or encumbered illegal. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or dealt with whether by way gross negligence, we will not be liable for dishonor resulting from any reversal of security credit, return of deposited or otherwise, howsoever, except with our prior written consentcashed checks or for any damages resulting from any of those actions.

Appears in 2 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement

Deposits. You may make deposits to your account in person at our financial centers, by mail or by any other method that we make available, such as at any Wachovia Automated Teller Machine (a) Without prejudice to Clause 7(bATM) and Clause 7(c), at certain non-Wachovia ATMs. You are encouraged to use your personalized deposit slips in order to help us credit deposits may be reflected as credited to your CRC account before actual payment as soon as possible and to minimize errors. If you do not use your personalized deposit slips, you agree that we will not be liable to you for any errors resulting from your use of funds are received a counter deposit slip, whether completed by usyou or one of our employees, unless such error is caused by our gross negligence or willful misconduct. We are entitled not responsible for deposits made by mail, night depository or other outside depository until we actually record the receipt of those deposits in our books and records. We have the right, but are not obligated, to debit endorse any items submitted for deposit to your CRC account with and to deposit them into your account and the amount previously credited in relation thereto if right not to accept items that contain multiple, missing, or improper endorsements. We also have the right to limit, refuse, hold, or return any cheques deposit. You agree to reimburse us for any loss or drafts are subsequently dishonoured. In addition theretoexpense (including, without limitation, attorneys’ reasonable fees and the costs of litigation) we may incur because you fail to endorse an item exactly as it is drawn or resulting from or arising out of any return of any deposited item for any reason whatsoever. The foregoing sentence notwithstanding, you shall not be required to reimburse us for any loss or expense (including, without limitation, attorneys’ reasonable fees and the costs of litigation) we may incur because we failed to endorse an item exactly as it is drawn through our lockbox service. If we receive an item on a weekend, holiday or after our “cut-off’ hour on a business day, the item is deemed to have been received on our next business day. You agree that our count of the coins and currency in your deposit shall be conclusive as to the amount. Our business days and cut-off hours are subject to change from time to time at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling upon prior notice to you. We reserve the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the right to make adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash countaccount, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse sole discretion, for computation or other errors to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization account. We will notify you of such cheques or any delay adjustments in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timea timely manner. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 2 contracts

Samples: Commercial Deposit Agreement, Commercial Deposit Agreement (Prudential Variable Contract Account Gi-2)

Deposits. (a) Without prejudice All checks or drafts received by Us are at Your risk and are credited conditionally to Clause 7(b) and Clause 7(cYour Account subject to final payment. You authorize Us to endorse for You any item deposited to Your Account. We have the right to decline debits drawn against such credits. If any item is dishonored on presentation to the financial institution on which drawn, it will be charged back to the Account of deposit or, if such Account has insufficient funds, to another Account which the depositor, endorser, or payee is a signer (subject to legal restraints), deposits and you may be reflected as credited to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expensecharged an applicable fee. (b) Cash deposits which are We will not verified by you immediately at the time of deposit are subject to verification by us and be responsible for any delay in the event the amount on crediting Your Account if the deposit ticket or receipt issued at accompanying the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are has not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatoriesproperly completed. (c) We may If You elect to use the night depository or the ATM Electronic Teller Network, You expressly agree to rely upon Us or Our agent to count and credit the deposit and accept Our count as final.  You agree that deposits placed in our reasonable discretion refuse to accept the night depository facility shall be contained in a tamper-proof plastic bag, envelope or other package, as approved by Us.  Deposits made through the night depository facility shall contain only deposit slip(s), currency, coin and/or negotiable instruments.  Deposits made through the night depository facility will be opened and verified each morning of each Business Day.  You are solely responsible for any deposit in whatever form into your CRC account loss or to limit the amount that may be deposited damage resulting from Your or return all Your agents’ or any part employees’ use of the depositnight depository facility. (d) In receiving cheques We will not be liable for deposit dishonor of drafts so received in whatever currencypayment for losses thereon or for losses in transit or for negligence or default of other institutions, we shall act only as collecting agent agents, or subagents but will exercise ordinary care in their selection. We will be deemed to have exercised ordinary care if We send the item by a duly licensed carrier and assume no responsibility for the realization of such cheques through any state or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timefederally chartered institution. (e) Any credit Funds deposited will be made available to You under the terms described in the Funds Availability Policy section of this Agreement. When We make funds “available” to You, this does not mean that the funds are “good” or that the deposited item has “cleared” the payor bank. (f) The outstanding balance reflected in your CRC account canof Your Account shall not in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our exceed $2,500,000.00 without Our prior written consent. (g) We may charge back to Your Account any items returned to Us unpaid or upon which payment has been revoked or rescinded which were deposited into the Account without regard to who made the deposit; whether the deposit was authorized by You; or whether the return to Us was timely. (h) You will not deposit any item not containing the genuine signature of the drawer and the actual endorsement of each payee without Our prior written consent. This restriction means that You will not deposit, among other things, “remotely created checks” and “substitute checks” as those terms are defined by law and regulation. If you deposit such items, you agree to reimburse us for losses, costs, and expenses that we may incur associated with such items.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

Deposits. You can make deposits to any of your business deposit accounts by mail or in person at a branch by using our deposit tickets. If you have been issued an ATM or Debit Card, you can make deposits to any of the business accounts you can access with your Card at an Eastern Bank ATM. If you have signed up for online or mobile banking, you may be able to make a mobile deposit using your mobile device. We may also make other deposit methods available to you for your convenience. We have the right to supply missing endorsements on any noncash items submitted for deposit to your account and to deposit them in your account. We also have the right to limit, refuse, or return any item. All items must be endorsed exactly as drawn. You will be liable for any losses or delays caused by nonconforming endorsements or by any other marks on the back of a check that make our endorsement or any other bank’s endorsement difficult to read. If you present a substitute check for deposit into your account, you warrant that the substitute check (a) Without prejudice to Clause 7(b) accurately represents all the information on the front and Clause 7(c), deposits may be reflected as credited to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you back of the dishonoured cheque or draft and reflecting original check as of the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. time the original check was truncated; (b) Cash deposits which are not verified by bears the legend “This is a legal copy of your check. You can use it the same way you immediately at would use the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. original check”; (c) We may bears all endorsements applied by any party that previously handled the check in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account for forward collection or to limit the amount that may be deposited or return all or any part of the deposit. return; (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or preserves any delay previous reconverting bank identifications in the realization of such cheques form required by law; and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected preserves the identity of the bank or other party that truncated the original check in the form required by law. You also warrant that no depository bank, drawee, drawer or endorser will be charged for a substitute check, original check or other paper or electronic representation as a result of which such party will be asked to make payment on a check that it has already paid. You agree to indemnify us for any loss or expense we incur as a result of your CRC account cannot in breach of any way be assignedof these warranties or any other warranties or indemnities that we, transferred as a reconverting bank, would give under applicable law or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consentregulation.

Appears in 2 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement

Deposits. You may make deposits by mail or through other means we make available to you. Additional restrictions on deposits to Agility Certificate of Deposit Accounts are stated in the Deposit Account Disclosures included in this document. The Bank may refuse to accept or may return any Check or other Item for deposit, including those Items that are not properly endorsed. All Checks for deposit should be endorsed by everyone to whom they are made payable. We may accept any Item for deposit payable to any Account holder on the Account, even if it is not endorsed by you, and if an endorsement is made electronically or by other computer or mechanical device. You agree that the Bank may endorse and accept these Items and agree to hold the Bank harmless for supplying or guaranteeing your missing endorsement or for accepting illegible or improper endorsements on Items deposited into your Account. At our option, we may refuse Items that are endorsed by third parties or require that they be verified or guaranteed. You warrant that all endorsements are genuine. You authorize the Bank to accept any Item without a written signature, such as an electronic check conversion transaction with an electronic signature, that is converted to an electronic fund transfer, or where the Bank cannot examine the signature. The Bank is not bound by any conditional or restrictive endorsement on a Check you deposit, or for any endorsement "without recourse.” We may choose to take an Item for collection rather than for deposit. If so, we will credit your Account for the Item when the Bank receives payment for the Item from the issuing bank. We will give you provisional credit for Checks and any other non-cash Items (aincluding Items drawn on the Bank) Without prejudice deposited at the Bank until we receive final collection for the Item. We may reverse provisional or final credit for Items that are returned unpaid and may charge a fee for a returned deposited Item as provided in the You agree to Clause 7(b) pay any fees for collecting your deposit. If a deposited Item is returned unpaid, we may convert it to an electronic payment and Clause 7(c), deposits may redeposit it as an ACH entry. This conversion and any related fees will not be reflected as credited considered electronic fund transfers. If any deposit made to your CRC account before actual payment of funds Account under a direct deposit plan is required to be returned to the depositor, including the Federal government, you authorize us to deduct the returned amount and any applicable fee from your Account, or any other Account you have with us, at any time without prior notice, except as prohibited by Applicable Law. We may also use any other legal remedy to recover these amounts. Xxxxxxxx received at our night depositories are not considered received by usthe Bank until we remove and record them. All transactions received after our “daily cut-off time” on a Business Day, or that we receive on a day we are not open for business, will be considered received on the next Business Day. Our daily cut- off times are stated at the end of this Account Agreement. We are entitled to debit your CRC account not liable for the loss or destruction of any Item we cash or collect for you or the conduct of another bank or person in connection with the amount previously credited in relation thereto if Item. You agree to cooperate with us to locate or replace any cheques Item that we lose or drafts are subsequently dishonouredthat is lost or misrouted during the collection process. In addition thereto, we The Bank may at our reasonable discretion debit from charge your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that Account for the amount of cash stated therein has been received an Item that is lost or misrouted during the collection process (and reverse any accrued interest in connection with the Item). Your deposits are insured up to the applicable limits under the Federal Deposit Insurance Corporation (“FDIC”) insurance coverage rules based on the category of account ownership. More information and tools to determine FDIC insurance coverage can be obtained from the FDIC on its website at xxx.xxxx.xxx or by us unless they are validated by our machine stamp calling 0-000-XXX-XXXX or computer terminal or signed by our authorized signatories. 0- 000-000-0000 (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timehearing impaired). (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 2 contracts

Samples: Certificate of Deposit Account Agreement, Certificate of Deposit Account Agreement

Deposits. (a) Without prejudice Funds deposited in person to Clause 7(b) a Credit Union employee are considered deposited that day. Funds mailed to the Credit Union are deposited and Clause 7(c)posted after receipt. Funds deposited in non-staffed depositories are considered received after being processed, deposits confirmed pursuant to Credit Union procedures and posted to your Account. If you make a deposit on a business day that we are open, we will usually consider that day to be the day of your deposit. All non-cash items credited to this Account will be credited conditionally, subject to final payment, and such items may be reflected as credited charged back from any Account in which you have an ownership interest or the right to your CRC account before actual payment of funds are withdraw, at any time until the proceeds thereof in money (U.S. Dollars) have been actually received by us. We If any Item deposited in an Account is returned unpaid, you are entitled jointly and severally liable to debit your CRC account with the Credit Union for the amount of the returned Item and any charges, regardless of who deposited the Item or benefited from the transaction. We shall not be obligated to notify you that an Item has been dishonored or not otherwise collected. We reserve the right to pursue collection of previously credited dishonored items at any time, including giving a payor any extra time beyond any midnight deadline. We will not be responsible for recognizing any conditions and/or written instruction concerning payment contained on an Item deposited to or drawn on an Account, including, but not limited to, restrictive endorsements or postdated Items. If you make a deposit, transfer, or payment at an unstaffed depository, you agree that the correct amount in relation thereto if any cheques the event of discrepancy between a written receipt or drafts are subsequently dishonoureddeposit slip and our accounting will be the amount that our procedure concludes was found in the envelope used to make the transaction. In addition theretoYou agree that our conclusion regarding the amount deposited is final. We may offer direct deposit options allowing you to pre-authorize deposits (e.g., we may at our reasonable discretion debit payroll checks, Social Security, retirement checks, other government checks, etc.) or transfers from your CRC account Accounts with us. You must authorize any such deposits or transfers by a service charge separate authorization form. If you wish to cancel the direct deposit or administration fee and pre-authorized transfer option, you must notify us at least 30 days prior to the next scheduled date for any expenses direct deposit or pre-authorized transfer. If we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account deposit any amount in your CRC statementAccount by mistake, you authorize us to deduct the amount from your Account at any time without prior notice. Dishonoured cheques Each deposit placed in the night depository shall be contained in a pouch/envelope approved or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification supplied by us and securely locked/sealed. You agree not to deposit any article or container (other than the pouch approved/slip or supplied by us) in the event the amount on night depository. The night depository is to be used only for the deposit ticket therein of cash and checks, drafts or receipt issued at other items intended for deposit to your Account and loan payments. You expressly agree to accept as final and conclusive the time record of deposit differs from our cash count, our cash the Credit Union as to what property was in the pouch or envelope when opened and the count shall prevail and of the Credit Union shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatoriesbinding. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreement

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits may be reflected as credited to your CRC CRCS account before actual payment of funds are received by us. We are entitled to debit your CRC CRCS account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable absolute discretion debit from your CRC CRCS account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft dishonour and reflecting the adjustments to your CRC CRCS account in your CRC CRCS statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you us immediately at the time of deposit are subject to verification by us and in inn the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized authorised signatories. (c) We may in our reasonable absolute discretion refuse to accept any deposit in whatever form into your CRC CRCS account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization realisation of such cheques or any delay in the realization realisation of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice, whether or not such practice at that timeis common or standard practice in the industry and whether or not notice has been given to you regarding the same. (e) Any credit balance reflected in your CRC CRCS account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, otherwise howsoever except with our prior written consent.

Appears in 2 contracts

Samples: CRCS Customer Agreement, CRCS Customer Agreement

Deposits. Cash and checks deposited are credited (aadded) Without prejudice to Clause 7(b) the account the day they are deposited and Clause 7(c)begin to earn interest on that day. Deposits may be made in person, by mail, by wire transfer, or preauthorized credits. Mail deposits are made at the risk of the depositor, and we strongly advise against sending cash through the mail. Once an account is established, Xxxxxx Savings Bank generally accepts an unlimited number of deposits. Note: Additional deposits will not be accepted during the term of most Fixed Rate Certificate of Deposit accounts. Additional deposits may be reflected as made on the account maturity date and during the 10-day grace period following maturity, at which time they become part of the principal for the new term. While deposits of $1.00 or more will generally be accepted (minimum balance requirements for your specific account are provided under separate cover), certain cash deposits may be subject to Bank Secrecy Act reporting provisions. Items accepted for deposit on a collection basis (passbooks from other banks, bonds, foreign checks, etc.) will be credited to your CRC account before actual payment of on the day the funds are received by us. We are entitled and begin to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount earn interest on the day of deposit. The Bank supplies night depositories solely for the benefit of its depositors. If you use one for deposits, you agree the Bank is not liable for any such deposit ticket or receipt issued at unless it is actually found when two authorized Bank employees open the time depository. The certification of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that both authorized employees as to the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (cthe deposit(s) made is binding on you. We may in our reasonable discretion refuse have a right to: • Refuse to accept any deposit in whatever form into your CRC open an account or to limit accept a deposit, • Return all or some of a deposit, • Close an account (except a Certificate of Deposit account that has not matured) If we close your account, interest will stop on the day we send you a check or you withdraw the money. See Closing Your Account for additional information. If your account is credited for an item (a check or other instrument) and the item is not collected in the regular way banks collect items, we will deduct the amount that of the item from your account. Any interest earned on the amount may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay forfeited. If there is not enough money in the realization of account to cover the item, you agree to pay the amount. It may be advisable to keep funds from a pension or profit-sharing account separate from your regular IRA contributions. Please check with your tax advisor prior to depositing such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timefunds. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 2 contracts

Samples: Account and Service Agreement, Account and Service Agreement

Deposits. (a) Without prejudice A. Bank acts only as Customer’s collecting agent for items deposited or collected, and assumes no responsibility beyond reasonable care. Bank accepts deposits subject to Clause 7(b) the subsequent verification of the deposit. All items are credited subject to final payment to Bank of associated deposited items in cash. No item in the deposit shall be deemed finally paid because a portion of the deposit is deducted and Clause 7(c)withdrawn. B. Items deposited to the Customer’s Account including cheques, deposits drafts and other entries may be reflected as credited charged back against the Account or any other account of the Customer at the Bank if the Bank is informed that the deposit is being returned unpaid, or such items are returned to your CRC account before actual the Bank for any reason, without regard to whether such return is timely, or for any reason final payment of funds are received by usis not received. We are entitled to debit your CRC account with the amount previously credited in relation thereto Furthermore, if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of other item deposited into the dishonoured Account is finally paid and then is returned to the Bank because a claim is made that the cheque or draft and reflecting other item was altered, forged, unauthorized or should not have been paid for any reason, the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts Bank may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that withhold the amount of cash stated therein such cheque or other item from the Account until a final determination of the validity of such claim has been received by us unless they are validated by our machine stamp made. Bank may debit the Account into overdraft for any such charge backs and related fees and charges, and will not be liable for any expenses or computer terminal or signed by our authorized signatoriesloss to Customer as a result thereof. (c) We C. Bank and each of its correspondents may send cheques subject to collection, directly or indirectly, to any bank, depository, payor or drawee in our reasonable discretion accordance with its usual custom and may accept cheques, drafts or credits as conditional payment. D. Any item deposited to the Account that lacks an endorsement may be, or may be deemed to be, endorsed by the Bank on the Customer’s behalf. With respect to any such item, the Bank’s rights and the Customer’s liabilities shall be determined as though the Customer actually endorsed and deposited the item. Further, any item deposited to the Account which bears Customer’s stamped or facsimile endorsement shall be deemed to bear Customer’s actual endorsement whether such endorsement was affixed by Customer or by someone having no authority to supply Customer’s endorsement. E. Bank may rely on the account number on any deposit record received, even if the record identifies a party different from the entity identified by name in the record, and the Bank has no duty to detect any such inconsistency in identification. F. Bank may at its sole and absolute discretion, without prior notice, limit the amount which may be deposited, return or refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of a deposit or credit to Customer’s Account at any time and will not be liable to the Customer for doing so even if such action causes outstanding cheques to be dishonored and returned. G. Bank shall not be obligated to and may not give Customer next day notice of receipt of a wire transfer deposit to the Account but will provide such notice to Customer on Customer’s next periodic Account statement. Customer may call the Bank to confirm a wire transfer deposit. (d) In receiving cheques for deposit in whatever currencyH. For determining the availability of Customer’s deposit, we every day is a Business Day except Saturdays, Sundays and Public Holidays. Funds deposited by the Customer by cheque shall act only as collecting agent not be deemed received by the Bank until clearance with the Bank’s correspondent bank and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timenotification Bank whichever is greater. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Standard Terms and Conditions

Deposits. You may make deposits to your account in person at our financial centers, by mail or by any other method that we make available, such as at any Wachovia Automated Teller Machine (a) Without prejudice to Clause 7(bATM) and Clause 7(c), at certain non-Wachovia ATMs. You are encouraged to use your personalized deposit slips in order to help us credit deposits may be reflected as credited to your CRC account before actual payment as soon as possible and to minimize errors. If you do not use your personalized deposit slips, you agree that we will not be liable to you for any errors resulting from your use of funds are received a counter deposit slip, whether completed by usyou or one of our employees, unless such error is caused by our gross negligence or willful misconduct. We are entitled not responsible for deposits made by mail, night depository or other outside depository until we actually record the receipt of those deposits in our books and records. We have the right, but are not obligated, to debit endorse any items submitted for deposit to your CRC account with and to deposit them into your account and the amount previously credited in relation thereto if right not to accept items that contain multiple, missing, or improper endorsements. We also have the right to limit, refuse, hold, or return any cheques deposit. You agree to reimburse us for any loss or drafts are subsequently dishonoured. In addition theretoexpense (including, without limitation, attorneys' reasonable fees and the costs of litigation) we may incur because you fail to endorse an item exactly as it is drawn or resulting from or arising out of any return of any deposited item for any reason whatsoever. The foregoing sentence notwithstanding, you shall not be required to reimburse us for any loss or expense (including, without limitation, attorneys' reasonable fees and the costs of litigation) we may incur because we failed to endorse an item exactly as it is drawn through our lockbox service. If we receive an item on a weekend, holiday or after our "cut-off' hour on a business day, the item is deemed to have been received on our next business day. You agree that our count of the coins and currency in your deposit shall be conclusive as to the amount. Our business days and cut-off hours are subject to change from time to time at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling upon prior notice to you. We reserve the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the right to make adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash countaccount, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse sole discretion, for computation or other errors to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization account. We will notify you of such cheques or any delay adjustments in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timea timely manner. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Commercial Deposit Agreement (Prudential Variable Contract Account Gi-2)

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits Notwithstanding any information which may be reflected as credited provided to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately Depositor at the time of deposit or otherwise, all items received by the Branch for credit or collection are taken at the Depositor's risk and subject to verification the actual receipt of proceeds by us the Branch. The Branch may charge-back to an Account at any time any item as to which final payment is not received. Any item payable to the Depositor may be deposited to the Account without notice or endorsement from the Depositor. The Branch shall act only as the Depositor's agent and in assumes no responsibility beyond the event the amount exercise of due care. The Branch will not be liable for any default or negligent acts on the part of any subsequent collecting bank or for any items lost in transit. If we cash or accept for deposit ticket or receipt issued a third-party check, and the check is returned unpaid for any reason, you authorize us, without prior notice to you, to charge the check against your Account. We are authorized, at our discretion, to redeposit the time unpaid check and pursue collection of the unpaid check. At our discretion, you authorize us to convert into an electronic transaction any checks that you deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account Account and that are returned unpaid. The Branch shall not be construed to have received any item sent by mail or delivered to any of its affiliates or correspondents until the Branch has actually received the item at its office during regular banking days and hours. The Branch may, at its sole discretion, refuse a deposit, limit the amount that which may be deposited or return all or any part of a deposit. Items deposited to the deposit. (d) In receiving cheques Depositor's Account will become available for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility withdrawal or for other use by the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency Depositor in accordance with federal and state law and as outlined in the Branch's Deposited Funds Availability Policy (see Section 19), as established or modified from time to time. When we accept deposits and issue receipts, such deposits and receipts are subject to verification and correction, if we determine such actions are necessary. If we determine that adeposit does not contain all items or cash claimed to be deposited, we may correct the error and adjust the account balance, even if you have already withdrawn all or part of the deposit. If this adjustment is disputed, you may be asked to provide proof that our prevailing procedures records are erroneous. Should we receive an item payable in foreign currency for deposit or collection, you will bear all exchange risk and practice at any expenses we may incur in addition to our applicable fees. In most cases, we will not credit the item to your Account until we have received the proceeds in U.S. Dollars. You further agree that timethe execution of an order which requires payment in a currency other than U.S. Dollars may be reasonably delayed by us, as appropriate, in order to permit us to complete the conversion of currency. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Universal Account Agreement

Deposits. Deposits may be made in person, by mail, or by any other method we make available, such as night depositories and automated teller machines (a) Without prejudice to Clause 7(bATMs) and Clause 7(cremote deposit capture, by any person and we are not required to question the authority of the person to make the deposit. Until we are in actual receipt of your deposit, we are not responsible for deposits made by mail, night depository, ATM, or through some other depository not staffed by our authorized employees. If you use any of our night depositories, you do so solely at your own risk. We are not liable for any deposit in the night depository until we issue a written duplicate deposit ticket or other receipt acknowledging the deposit. In addition to the terms of this Agreement, deposits made in a night depository are subject to the terms of the Night Depository Agreement which is hereby incorporated by reference and made a part of this Agreement. All transactions received after our “daily cut-off time” on a Business Day we are open, or received on a day in which we are not open for business, will be treated and recorded as if initiated on the next Business Day. We may refuse to accept particular checks or other Items as a deposit to your account at our discretion. The terms of our Funds Availability Policy will control the determination of the Business Day deposits are deemed received by us and when they will be available for withdrawal. Deposits may be subject to a service charge. While we generally follow our Funds Availability Policy when making funds available to you from deposits you make to savings accounts (including money market savings accounts), deposits please note that our Funds Availability Policy does not apply to these deposits, and we may be reflected as credited to your CRC account before actual payment delay availability of funds are received from these deposits at our discretion. When we receive your deposits, we may provisionally credit your account for the amount declared on the deposit slip, subject to later verification by us. We are entitled to debit your CRC account with You must ensure that the amount previously credited in relation thereto declared on the deposit slip is correct, even if you did not prepare the deposit slip. You agree that our records are conclusive as to the amount of the deposit we received, without regard to any cheques receipt, deposit slip, or drafts are subsequently dishonouredother notice of the deposit amount. In addition theretoIf we later determine that the amount declared on the deposit slip is incorrect, we may at adjust (debit or credit) your account. However, if the error in completing the deposit slip was inadvertent and is less than our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses standard adjustment amount, we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to not adjust your CRC account in your CRC statementaccount. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may change our standard adjustment amount from time to time without notice to you. All checks presented for deposit must be in our reasonable discretion a format that can be processed and we may refuse to accept any check that does not meet this requirement. You agree that you will only deposit a check(s) as that term is defined in whatever form Reg. CC. You represent, warrant, and agree that you will only deposit checks that are properly payable and that you are the person entitled to enforce the checks. Without limiting the generality of the foregoing, you represent and warrant that you will not deposit a counterfeit check and/or a check that contains a forged or unauthorized signature or endorsement. You agree to reimburse us for any loss or expense (including reasonable attorneys’ fees) that we incur because of a check that you deposit to your account. If a check that is payable at a foreign bank or in a foreign currency is deposited or presented for collection, you will be responsible for all collection charges and exchange rate risk associated with the currency exchange. You understand that we will not credit that kind of deposit until receiving the proceeds in United States currency. If you use a service wherein you create or deposit a Remotely Created Check, as that term is defined in Reg. CC, you warrant to us that the person on whose account the Remotely Created Check is drawn authorized the issuance of the check in the amount stated on the check and to the payee stated on the check. You agree that you will maintain proof of such authorization for at least two (2) years from the date of the authorization, and will supply us with such proof within five (5) business days of our request. If we have reason to believe that any Remotely Created Checks you deposit are unauthorized, we may take any action available to us under Sections 21 or 40 of this Agreement and/or may require you to post a bond before allowing a withdrawal of the funds. We may, in our sole discretion, refuse to accept or process for deposit or collection any Remotely Created Checks at any time, with or without cause or prior notice. You agree to properly endorse all checks you deposit, which may be different depending on the method that you use to deposit your checks. All endorsements on the reverse side of any check deposited into your CRC account must be placed on the left side of the check when looking at it from the front, and must be placed so as to not go beyond an area located 1 1/2 inches from the left edge of the check, when looking at it from the front. You are also responsible to make sure at the time you issue any check that the format is such that there will be no writing whatsoever on the reverse side of the check placed beyond an area located 1 1/2 inches from the left edge of the check when looking at it from the front. It is your responsibility to ensure that these requirements are met and you are responsible for any loss incurred by us for failure of an endorsement to meet this requirement. Notwithstanding the foregoing, you acknowledge and agree that we may accept a check for deposit to your account without an endorsement and that you will incur the liability of an endorser even though you have not endorsed the check. If the check you want to deposit contains a third-party endorsement, we may require verification of the endorsement either by an endorsement guarantee or by acceptable personal forms of identification submitted by the third-party as a condition to our acceptance of the check for deposit. Unless we agree in writing to the contrary, you agree that you will not deposit a substitute check if a bank has not made the warranties in Section 5 of the Check 21 Act (12 U.S.C. § 5004) with respect to substitute checks (“unwarranted substitute check”). If you deposit an unwarranted substitute check, you agree to indemnify us against any loss from any source that we incur (including attorneys' fees and other costs) and hold us harmless, as the result of your depositing the unwarranted substitute check. You also agree to indemnify us and hold us harmless as the result of any loss that we incur if we convert the check that you deposit to a substitute check or an image, and the image of the original check is not an accurate representation of the original check because of the design of the check or the color of the ink used to print, complete the terms of or endorse the check. If any check you deposit to your account or you cash is returned unpaid, we have the right to limit debit your account for the amount of such check, even if it causes such account to become overdrawn, and adjust any related interest earned. If the debit causes your account to become overdrawn and we receive either the original check or a substitute check, you agree that we may keep the original check or substitute check and not return it to you until such time that you deposit sufficient funds in the account to cover the overdrawn balance. If you do not make a deposit sufficient to cover the overdrawn balance, we may attempt collection of the amount of the returned check from the drawer. While we have no obligation to reprocess the returned check, we can reprocess and represent the check to the payor bank. We can process a copy, electronic entry, or other evidence of the returned check. You waive presentment, notice of dishonor and protest. You will, in any event, be deposited liable to us for the amount of any check or return other Item you deposit to your account or receive cash that is returned unpaid, plus our costs and expenses associated with collection of all or any part of the deposit. (d) such amount from you, including reasonable attorney fees. In receiving cheques for deposit in whatever currencyaddition, we shall act only as collecting agent may charge back any deposited check or cashed check at any time for whatever reason, even if the check was not returned timely by the paying or returning bank. We may charge back any check to your account on which there is a claim for breach of warranty even after final settlement of the check. A breach of warranty includes but is not limited to checks that you have deposited that contain an alteration, a forged or missing drawer’s signature, a forged or missing endorsement, checks for which you do not have good title, or Remotely Created Checks that were not authorized by the account holder. If funds from a deposit become available for withdrawal, that does not mean the check or other Item you have deposited is “good,” has “cleared,” or has been paid by the paying bank. It is possible for an Item to be returned even months after the funds became available to you and assume no responsibility you have withdrawn them. No one, including our employees, can guarantee to you that a check or other Item will not be returned. If you receive a direct deposit from the federal or state government or other third party and if the government or third party reverses the deposit for the realization any reason, you authorize us (at our option and without prior notice and without liability to you) to deduct all or part of such cheques or any delay that amount even if it results in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit an overdrawn balance reflected in your CRC account canand the dishonor of Items drawn on your account without investigating whether such credit was not in properly payable to you. You agree that we may reverse any way be assigned, transferred or charged to any credit from a third party if we suspect that the credit is fraudulent or encumbered illegal. We shall not be liable for any damages resulting from the exercise of the rights described in this section. Except as may be attributable to our lack of good faith or dealt with whether by way gross negligence, we will not be liable for dishonor resulting from any reversal of security credit, return of deposited or otherwise, howsoever, except with our prior written consentcashed checks or for any damages resulting from any of those actions.

Appears in 1 contract

Samples: Deposit Account Agreement

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c)Deposits may only be made in U.S. dollars, deposits may be reflected as credited to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draftEFT, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statementACH transactions. Dishonoured cheques or drafts may be returned to you Deposits made by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit ACH are subject to verification by us the NACHA Operating Rules and in Operating Guidelines and the event rules of any regional clearing houses we may use from time to time (collectively, the amount on the deposit ticket or receipt issued at the time ACH Rules). Before final settlement of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting your agent and assume no responsibility beyond the exercise of ordinary care. We reserve the right to refuse, return or limit any deposit you make to your Account and to establish (and change) maximum dollar limits for Account principal balances and transactions in our discretion from time to time. By using the realization Even App to initiate a transfer of such cheques funds from a Linked External Account to your Account, you authorize Cross River Bank to make the transfer you select on the Even App. If a deposit you make is returned to us unpaid or any delay is otherwise charged back to us, we will charge it back to your Account. See the Funds Availability Policy section for more information about when you can access funds you deposit. Even may cover the costs of some of these services in its sole discretion. All Items are credited subject to final settlement in cash or credits. We shall have the realization of such cheques right to forward Items to correspondents including all Federal Reserve Banks, and we shallshall not be liable for default or neglect of said correspondents for loss in transit, without nor shall any liability whatsoever, correspondent be liable except for its own negligence. You specifically authorize us or our correspondents including the Federal Reserve Banks to handle the collection of any cheque in whatever currency such Items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such Items in accordance with the rules and regulations of the clearinghouse. If we permit you to withdraw funds from your Account before final settlement has been made for any deposited Item, and final settlement is not made, we have the right to charge your Account or obtain a refund from you. In addition, we may charge back any deposited Item at any time before final settlement for whatever reason. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our prevailing procedures and practice at that timelack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited Items or for any damages resulting from any of those actions. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Deposit Account Agreement

Deposits. If you deposit any non-cash items (aincluding items “drawn on us”) Without prejudice to Clause 7(bwe will give your account temporary or provisional credit only, until collection is final. (Any deposits made or payable in foreign currency will be given credit in the amount of U.S. dollars received in final collection of the item.) and Clause 7(c)If a deposit item is not paid, deposits we will reduce your account balance by this amount. In this case we may be reflected as credited to your CRC account before actual payment of funds are received by uscharge the fee for a “returned deposit item”. We are entitled not responsible for transactions initiated by mail until we actually receive them in our Springfield office. We will treat all transactions we receive after our “daily cut-off time” on a business day, or on a day on which we are open for business, as if it occurred on our next following business day. Withdrawals Generally – You may make withdrawals in written order (draft or withdrawal slip) on forms approved by us which have been signed by you. We will subtract your withdrawals from collected funds first. We may at any time refuse any withdrawal request against uncollected funds, even is our general practice is to debit your CRC the contrary. Any person authorized may withdraw all or any portion of the account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonouredbalance. In addition theretothe event that we receive notice of the death or incompetence of any authorized person, we may at restrict or prohibit withdrawal until we are satisfied that our reasonable discretion debit from obligations under the law and this agreement have been met. All Joint Account – If more than one person signs a joint share agreement as account holder, you become joint tenants. Each of you gives to each other joint tenant the power to endorse any item payable to you or your CRC account a service charge order, for deposit of such item to this account, for cash, or administration fee and for any expenses other transaction with us. When we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you receive notice of the dishonoured cheque death or draft incompetence of the joint tenant, or this account is changed or closed, these powers shall no longer exist with respect to the deceased joint tenant. If the account balance goes below zero you agree to be individually and reflecting the adjustments together liable to us, regardless of which of you caused this to happen. Stop Payments – You may stop payment on any item drawn on your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to if you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by supply us and with a stop payment request in the event form we require. You may stop payment on any item drawn on your account whether you signed the amount on the deposit ticket item or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatoriesnot. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Checking Account Agreement

Deposits. (a) Without prejudice A. Bank acts only as Customer’s collecting agent for items deposited or collected, and assumes no responsibility beyond reasonable care. Bank accepts deposits subject to Clause 7(b) the subsequent verification of the deposit. All items are credited subject to final payment to Bank of associated deposited items in cash. No item in the deposit shall be deemed finally paid because a portion of the deposit is deducted and Clause 7(c)withdrawn. B. Items deposited to the Customer’s Account including cheques, deposits drafts and other entries may be reflected as credited charged back against the Account or any other account of the Customer at the Bank if the Bank is informed that the deposit is being returned unpaid, or such items are returned to your CRC account before actual the Bank for any reason, without regard to whether such return is timely, or for any reason final payment of funds are received by usis not received. We are entitled to debit your CRC account with the amount previously credited in relation thereto Furthermore, if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of other item deposited into the dishonoured Account is finally paid and then is returned to the Bank because a claim is made that the cheque or draft and reflecting other item was altered, forged, unauthorized or should not have been paid for any reason, the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts Bank may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that withhold the amount of cash stated therein such cheque or other item from the Account until a final determination of the validity of such claim has been received by us unless they are validated by our machine stamp made. Bank may debit the Account into overdraft for any such charge backs and related fees and charges, and will not be liable for any expenses or computer terminal or signed by our authorized signatoriesloss to Customer as a result thereof. (c) We C. Bank and each of its correspondents may send cheques subject to collection, directly or indirectly, to any bank, depository, payor or drawee in our reasonable discretion accordance with its usual custom and may accept cheques, drafts or credits as conditional payment. D. Any item deposited to the Account that lacks an endorsement may be, or may be deemed to be, endorsed by the Bank on the Customer’s behalf. With respect to any such item, the Bank’s rights and the Customer’s liabilities shall be determined as though the Customer actually endorsed and deposited the item. Further, any item deposited to the Account which bears Customer’s stamped or facsimile endorsement shall be deemed to bear Customer’s actual endorsement whether such endorsement was affixed by Customer or by someone having no authority to supply Customer’s endorsement. E. Bank may rely on the account number on any deposit record received, even if the record identifies a party different from the entity identified by name in the record, and the Bank has no duty to detect any such inconsistency in identification. F. Bank may at its sole and absolute discretion, without prior notice, limit the amount which may be deposited, return or refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of a deposit or credit to Customer’s Account at any time and will not be liable to the Customer for doing so even if such action causes outstanding cheques to be dishonored and returned. G. Bank shall not be obligated to and may not give Customer next day notice of receipt of a wire transfer deposit to the Account but will provide such notice to Customer on Customer’s next periodic Account statement. Customer may call the Bank to confirm a wire transfer deposit. (d) In receiving cheques H. For determining the availability of Customer’s deposit, every day is a Business Day except Saturdays, Sundays and Public Holidays. Funds deposited by the Customer by cheque shall not be deemed received by the Bank until clearance with the Bank’s correspondent bank and notification thereof with the Bank or otherwise not less than fifteen Business Days from deposit of cheque with the Bank whichever is greater. 5. Withdrawals Bank may charge your account for deposit in whatever currencyany withdrawal or transfer that Customer makes or authorizes another to make. Bank, we shall act only may as collecting agent and assume no responsibility for the realization a condition of such cheques withdrawal require Customer to provide it with identification or any delay information acceptable to Bank and/or Customer’s signature on certain withdrawal documents signed in the realization presence of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timeBank personnel. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Standard Terms and Conditions

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits may be reflected reflected as credited to your CRC CUC account before actual payment of funds are received by us. We are entitled to debit your CRC CUC account with the amount previously credited in relation thereto if any cheques cheque or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC CUC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft cheque or draft, including without limitation informing you of the dishonoured cheque or draft dishonour and reflecting reflecting the adjustments to your CRC CUC account in your CRC CUC statement. Dishonoured cheques cheque or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified verified by you immediately at the time of deposit are subject to verification verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC CUC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques cheque for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques cheque or any delay in the realization of such cheques cheque and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that the time. (e) Any credit balance reflected reflected in your CRC CUC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, otherwise howsoever except with our prior written consent.

Appears in 1 contract

Samples: Cuc Customer’s Agreement

Deposits. (a) Without prejudice to Clause 7(b8(b) and Clause 7(c8(c), deposits may be reflected as credited to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured dishonourd cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, otherwise howsoever except with our prior written consent.

Appears in 1 contract

Samples: Citibank Ready Credit Customer Agreement

Deposits. (a) Without prejudice Funds deposited in person to Clause 7(b) a Credit Union employee are considered deposited that day. Funds mailed to the Credit Union are deposited when received. Funds deposited in non-staffed depositories are considered received when removed from the depository, are processed and Clause 7(c)are confirmed pursuant to Credit Union procedures. If you make a deposit on a business day that we are open, deposits we will usually consider that day to be the day of your deposit. All non-cash items credited to this Account will be credited conditionally, subject to final payment, and such items may be reflected as credited charged back from any Account in which you have an ownership interest or the right to your CRC account before actual payment of funds are withdraw, at any time until the proceeds thereof in money (U.S. Dollars) have been actually received by us. We If any Item deposited in an Account is returned unpaid, you are entitled jointly and severally liable to debit your CRC account with the Credit Union for the amount of the returned Item and any charges, regardless of who deposited the Item or benefited from the transaction. We shall not be obligated to notify you that an Item has been dishonored or not otherwise collected. We reserve the right to pursue collection of previously credited dishonored items at any time, including giving a payor any extra time beyond any midnight deadline. The Credit Union will only be responsible for recognizing the identification of the drawer, payee, drawee, or financial institution on a draft deposited in relation thereto if the Account, the amount of the draft, and information contained in the magnetic coding of the draft. We will not be responsible for recognizing any cheques conditions of payment contained on an Item deposited to or drafts are subsequently dishonoureddrawn on an Account, including, but not limited to, restrictive endorsements or postdated Items. In addition theretoIf you make a deposit, transfer, or payment at an unstaffed depository, you agree that the correct amount in the event of discrepancy between a written receipt or deposit slip will be the amount that we found in the envelope used to make the transaction. We may at our reasonable discretion debit offer direct deposit options allowing you to pre-authorize deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or transfers from your CRC account Accounts with us. You must authorize any such deposits or transfers by a service charge separate authorization form. If you wish to cancel the direct deposit or administration fee and pre-authorized transfer option, you must notify the depositing entity at least 30 days prior to the next scheduled date for any expenses direct deposit or pre-authorized transfer. If we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account deposit any amount in your CRC statementAccount by mistake, you authorize us to deduct the amount from your Account at any time without prior notice. Dishonoured cheques Each deposit placed in the night depository shall be contained in an envelope approved or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification supplied by us and securely locked/sealed. No article or container, other than the pouch approved/slip or supplied, shall be deposited in the event the amount on night depository. The night depository is to be used only for the deposit ticket therein of cash and checks, drafts or receipt issued at other items intended for deposit to your account. You expressly agree to accept as final and conclusive the time record of deposit differs from our cash count, our cash the Credit Union as to what property was in the envelope when opened and the count shall prevail and of the Credit Union shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatoriesbinding. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Universal Account Agreement

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Deposits. You may make deposits in person, by mail, or by any other means we make available to you, including at select BMO Xxxxxx ATMs that accept deposits. Unless we agree otherwise, Checks and other Items you want to deposit must be in U.S. dollars and must be personally endorsed by all parties to whom they are payable. We may require that an endorsement by a person other than you be verified or guaranteed. We are not liable for deposits made to our depository box (aincluding night deposit boxes) Without prejudice to Clause 7(b) until we retrieve and Clause 7(c), deposits may be reflected as process the deposit. All deposited Items are credited to your CRC account before actual Account subject to final payment and receipt of funds are received proceeds by us. We are entitled If a deposited Item is returned to debit your CRC account with the amount previously credited in relation thereto if us unpaid for any cheques or drafts are subsequently dishonoured. In addition theretoreason, we may subtract the amount of that returned Item from the balance in your Account, together with any interest that may have been earned or accrued while on deposit together with any Deposited Item Returned Fee, as disclosed to you in the Deposit Account Disclosure or the BMO Xxxxxx Bank Business Service Fee Schedule. If we receive notice that an Item is being returned we may place a hold on the funds in your Account to recover the amount of the Item when the Item is returned to us. We do not have to give you prior notice of our actions with respect to an Item. If a deposited Item is returned unpaid we may, at our reasonable discretion debit from your CRC account a service charge option and without notice to you, choose to redeposit the Item, either in its original form or administration fee by converting it to an electronic payment and redepositing it as an ACH entry. Such Check conversion (and any expenses associated fee) is not an electronic funds transfer subject to Section 5 of this Agreement. At our discretion, we may can refuse, limit, or return any deposit. We have incurred in handling the dishonoured cheque sole discretion to determine whether we accept Items for deposit or draftcollection, including without limitation informing Items drawn on a non-U.S. bank or Items payable in a foreign currency. Handling an Item “for collection” means that instead of accepting the Item for deposit, we send the Item directly to the issuer’s bank for payment. We will credit your Account only when we receive final payment for the Item. You agree to pay the Collection Items Fee for each collection, as disclosed to you of in the dishonoured cheque Deposit Account Disclosure or draft the BMO Xxxxxx Bank Business Service Fee Schedule. Items sent for collection and reflecting Items we accept for deposit which are drawn on a non-U.S. bank or are payable in a foreign currency are not subject to our Funds Availability Policy for Deposit Accounts in Section 8 below. If the adjustments Item is payable in foreign currency, the credit to your CRC account Account will be determined by the paying bank using its exchange rate in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately effect at the time of deposit are subject to verification final collection in U.S. dollars and the credit will reflect fees charged by us and the paying bank. You agree that we, in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques Items for deposit in whatever currencyor collection, we shall act only as your collecting agent and assume no responsibility beyond reasonable care and that all deposited Items are credits subject to our receipt of final payment. We will not be responsible for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account canan Item lost while not in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consentpossession.

Appears in 1 contract

Samples: Deposit Account Agreement

Deposits. (a) Without prejudice Funds deposited in person to Clause 7(b) a Credit Union employee are considered deposited that day. Funds mailed to the Credit Union are deposited when received. Funds deposited in non-staffed depositories are considered received when removed from the depository, are processed and Clause 7(c)are confirmed pursuant to Credit Union procedures. If you make a deposit on a business day that we are open, deposits we will usually consider that day to be the day of your deposit. All non-cash items credited to this Account will be credited conditionally, subject to final payment, and such items may be reflected as credited charged back from any Account in which you have an ownership interest or the right to your CRC account before actual payment of funds are withdraw, at any time until the proceeds thereof in money (U.S. Dollars) have been actually received by us. We If any Item deposited in an Account is returned unpaid, you are entitled jointly and severally liable to debit your CRC account with the Credit Union for the amount of the returned Item and any charges, regardless of who deposited the Item or benefited from the transaction. We shall not be obligated to notify you that an Item has been dishonored or not otherwise collected. We reserve the right to pursue collection of previously credited dishonored items at any time, including giving a payor any extra time beyond any midnight deadline. The Credit Union will only be responsible for recognizing the identification of the drawer, payee, drawee, or financial institution on a draft deposited in relation thereto if the Account, the amount of the draft, and information contained in the magnetic coding of the draft. We will not be responsible for recognizing any cheques conditions of payment contained on an Item deposited to or drafts are subsequently dishonoureddrawn on an Account, including, but not limited to, restrictive endorsements or postdated Items. In addition theretoIf you make a deposit, transfer, or payment at an unstaffed depository, you agree that the correct amount in the event of discrepancy between a written receipt or deposit slip will be the amount that we found in the envelope used to make the transaction. We may at our reasonable discretion debit offer direct deposit options allowing you to pre-authorize deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or transfers from your CRC account Accounts with us. You must authorize any such deposits or transfers by a service charge separate authorization form. If you wish to cancel the direct deposit or administration fee and pre-authorized transfer option, you must notify the depositing entity at least 30 days prior to the next scheduled date for any expenses direct deposit or pre- authorized transfer. If we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account deposit any amount in your CRC statementAccount by mistake, you authorize us to deduct the amount from your Account at any time without prior notice. Dishonoured cheques Each deposit placed in the night depository shall be contained in an envelope approved or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification supplied by us and securely locked/sealed. No article or container, other than the pouch approved/slip or supplied, shall be deposited in the event the amount on night depository. The night depository is to be used only for the deposit ticket therein of cash and checks, drafts or receipt issued at other items intended for deposit to your account. You expressly agree to accept as final and conclusive the time record of deposit differs from our cash count, our cash the Credit Union as to what property was in the envelope when opened and the count shall prevail and of the Credit Union shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatoriesbinding. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Universal Account Agreement

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits Notwithstanding any information which may be reflected as credited provided to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately Depositor at the time of deposit or otherwise, all items received by the Branch for credit or collection are taken at the Depositor's risk and subject to verification the actual receipt of proceeds by us the Branch. The Branch may charge-back to an Account at any time any item as to which final payment is not received. Any item payable to the Depositor may be deposited to the Account without notice or endorsement from the Depositor. The Branch shall act only as the Depositor's agent and in assumes no responsibility beyond the event the amount exercise of due care. The Branch will not be liable for any default or negligent acts on the part of any subsequent collecting bank or for any items lost in transit. If we cash or accept for deposit ticket or receipt issued a third-party check, and the check is returned unpaid for any reason, you authorize us, without prior notice to you, to charge the check against your Account. We are authorized, at our discretion, to redeposit the time unpaid check and pursue collection of the unpaid check. At our discretion, you authorize us to convert into an electronic transaction any checks that you deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account Account and that are returned unpaid. The Branch shall not be construed to have received any item sent by mail or delivered to any of its affiliates or correspondents until the Branch has actually received the item at its office during regular banking days and hours. The Branch may, at its sole discretion, refuse a deposit, limit the amount that which may be deposited or return all or any part of a deposit. Items deposited to the deposit. (d) In receiving cheques Depositor's Account will become available for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility withdrawal or for other use by the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency Depositor in accordance with federal and state law and as outlined in the Branch's Deposited Funds Availability Policy (see Section 20), as established or modified from time to time. When we accept deposits and issue receipts, such deposits and receipts are subject to verification and correction, if we determine such actions are necessary. If we determine that a deposit does not contain all items or cash claimed to be deposited, we may correct the error and adjust the account balance, even if you have already withdrawn all or part of the deposit. If this adjustment is disputed, you may be asked to provide proof that our prevailing procedures records are erroneous. Should we receive an item payable in foreign currency for deposit or collection, you will bear all exchange risk and practice at any expenses we may incur in addition to our applicable fees. In most cases, we will not credit the item to your Account until we have received the proceeds in U.S. Dollars. You further agree that timethe execution of an order which requires payment in a currency other than U.S. Dollars may be reasonably delayed by us, as appropriate, in order to permit us to complete the conversion of currency. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Universal Account Agreement

Deposits. (a) Without prejudice to Clause 7(b8(b) and Clause 7(c8(c), deposits may be reflected as credited to your CRC PC account before actual payment of funds are received by us. We are entitled to debit your CRC PC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at in our reasonable absolute discretion debit from your CRC PC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft dishonour and reflecting the adjustments to your CRC PC account in your CRC PC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you us immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable absolute discretion refuse to accept any deposit in whatever form into your CRC PC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice, whether or not such practice at that timeis common or standard practice in the industry and whether or not notice has been given to you regarding the same. (e) Any credit balance reflected in your CRC PC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, otherwise howsoever except with our prior written consent.

Appears in 1 contract

Samples: Customer Agreement

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits may be reflected as credited to your CRC account before actual payment of funds are All checks or drafts received by us. We us are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expenseare credited conditionally to your Account subject to final payment. You authorize us to endorse for you any item deposited to your Account. We have the right to decline debits drawn against such credits. If any item is dishonored on presentation to the financial institution on which drawn, it will be charged back to the Account of deposit or, if such Account has insufficient funds, to another Account which the depositor, endorser, or payee is a signer (subject to legal restraints), and you may be charged an applicable fee. (b) Cash deposits which are We will not verified by you immediately at the time of deposit are subject to verification by us and be responsible for any delay in the event the amount on crediting your Account if the deposit ticket or receipt issued at accompanying the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are has not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatoriesproperly completed. (c) We may If you elect to use the night depository or the ATM Electronic Teller Network, you expressly agree to rely upon us or our agent to count and credit the deposit and accept our count as final.  You agree that deposits placed in our reasonable discretion refuse to accept the night depository facility shall be contained in a tamper-proof plastic bag, envelope or other package, as approved by us.  Deposits made through the night depository facility shall contain only deposit slip(s), currency, coin and/or negotiable instruments.  Deposits made through the night depository facility will be opened and verified each morning of each Business Day.  You are solely responsible for any deposit in whatever form into loss or damage resulting from your CRC account or to limit the amount that may be deposited your agents’ or return all or any part employees’ use of the depositnight depository facility. (d) In receiving cheques We will not be liable for deposit dishonor of drafts so received in whatever currencypayment for losses thereon or for losses in transit or for negligence or default of other institutions, agents, or subagents but will exercise ordinary care in their selection. We will be deemed to have exercised ordinary care if we shall act only as collecting agent send the item by a duly licensed carrier and assume no responsibility for the realization of such cheques through any state or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timefederally chartered institution. (e) Any credit Funds deposited will be made available to you under the terms described in the Funds Availability Policy section of this Agreement. When we make funds “available” to you, this does not mean that the funds are “good” or that the deposited item has “cleared” the payor bank. (f) The outstanding balance reflected in of your CRC account canAccount shall not in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with exceed $2,500,000.00 without our prior written consent. (g) We may charge back to your Account any items returned to us unpaid or upon which payment has been revoked or rescinded which were deposited into the Account without regard to who made the deposit; whether the deposit was authorized by you; or whether the return to us was timely. (h) You will not deposit any item not containing the genuine signature of the drawer and the actual endorsement of each payee without our prior written consent. This restriction means that you will not deposit, among other things, “remotely created checks” and “substitute checks” as those terms are defined by law and regulation. If you deposit such items, you agree to reimburse us for losses, costs, and expenses that we may incur associated with such items.

Appears in 1 contract

Samples: Account Agreement

Deposits. Any items, other than cash, accepted for deposit (aincluding items drawn “on us”) Without prejudice will be given provisional (temporary) credit only until collection is final. Deposits of checks, drafts, money orders, etc. are received, receipted for and entered to Clause 7(b) your account and Clause 7(c), deposits will be subject to our current Funds Availability Schedule. A receipt may be reflected as credited provided or made available upon request for all deposits to your CRC account before actual (except for some bank services such as mailed deposits, lock box, after hour depository service or remote deposit capture). However, the amount on your deposit receipt is based solely on your representation or the amount written on your deposit slip. Credits for deposits are subject to final verification and, after review; we may make adjustments to your account for any errors. We may rely on the account number on any deposit record received, even if the record identifies a party different from the entity identified by name in the record. We have no duty to detect any such inconsistency in identification. Checks drawn on banks outside of the United States may be sent for collection. If the check is sent for collection, your account will not be credited and the funds will not be available until payment is received from the paying bank. We charge a fee for collecting the check and bank(s) in the collection process may also charge a fee. The credit to your account will be for the net amount. In lieu of funds are received by ussending the check for collection, the Bank may process it as a deposit item and provide you with provisional credit for the check. Since there is no time limit within which the foreign paying bank has to return the check, it could be returned unpaid at any time. It is your decision as to whether to utilize this provisional credit and you shall remain liable to the Bank if the check is returned. When we take items for collection, we act only as your collecting agent. We are entitled not responsible for items lost while not in our possession. We are not responsible for any deposit made using our after hour depository or sent to debit your CRC us by mail until we enter the deposit into our records. We may accept for deposit any item payable to you, with or without an endorsement. We may supply a missing endorsement for any item we accept for deposit or collection and you will certify that the endorsement is genuine. We may give cash back from a deposit to any of the account with holders. If you deposit a remotely created check as defined in 12 CFR 229.2 (fff), you warrant that the person on whose account the check is drawn authorized the issuance of the check in the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonouredstated and to the named payee. In addition thereto, You agree that we may at our reasonable discretion debit from your CRC account a service charge or administration fee re-present any item without notice to you and any expenses that we may have incurred charge fees for representing items in handling the dishonoured cheque accordance with our fee schedule. We may decline, at any time, to accept deposits or draftspecific items for deposit from you or any person, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that limit the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse deposits, and return to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or you any part of the depositwhole of the account. Interest will cease to accrue on any part of the account which is returned. We have the right to not accept multiple check deposits to a savings or money market account. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Estatement and Enotice Agreement & Disclosure Deposit Account Agreement

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), All deposits may be reflected as credited you make to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited Accounts must be in relation thereto if any cheques or drafts are subsequently dishonouredU.S. Dollars. In addition theretoreceiving items for deposit or collection, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting your agent and assume no responsibility for beyond the realization exercise of ordinary care. You specifically authorize us or our correspondents to utilize Federal Reserve bank to handle such cheques items in accordance with provisions of Regulation J, as revised or amended from time to time by Federal Reserve Board. In handling checks, we can follow Federal Reserve rules or use any delay practice that is common in the realization banking industry or permitted under the PR-UCC. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse. We are not responsible for losses which may occur during the check collection process that are not caused by our own gross negligence or willful wrongdoing. You can make deposits in person, by mail, or by any other method provided by ORIENTAL. You acknowledge that ORIENTAL, in its sole discretion, may add or remove methods for making deposits from time to time both on a permanent and temporary basis. ORIENTAL does not assume responsibility for deposits made by mail or through any deposit box not controlled by the Bank, until such cheques deposit is acknowledged. If ORIENTAL receives a deposit during a weekend (Saturday/Sunday), holiday or after the banking hours for receiving deposits during a regular business day; said deposit will be considered as received the next business day. The schedule of business days and we shallbanking hours will be posted at the branches’ premises and will be subject to changes, from time to time, at ORIENTAL’s discretion. means of personalized deposit slips (in form acceptable to ORIENTAL) or deposits slips accepted by ORIENTAL, to facilitate prompt crediting to your Account. ORIENTAL will credit deposits that comply with these Terms and Conditions. ORIENTAL may refuse to credit a deposit when the information is incomplete, inconsistent with the information given in the Agreement, or illegible. In such case, ORIENTAL is obligated to return the deposit made to you. All amounts to be deposited to this Account, shall be made by FDIC Member TERMS AND CONDITIONS FOR COMMERCIAL BANKING ACCOUNTS TERMS AND CONDITIONS FOR COMMERCIAL BANKING ACCOUNTS At the time a deposit is made to your Account, the teller will only verify the cash, except rolled coins. Checks and other items will be verified not later than the following business day after the deposit is received. Any discrepancy or omission will be notified to the Depositor. ORIENTAL’s determination to this effect shall be final and binding. In the event that ORIENTAL, in its sole discretion determines that the cash deposited was counterfeit currency or that the checks or other items deposited were issued or negotiated unduly or fraudulently, ORIENTAL will debit the corresponding amount from your Account. You will be notified of any such adjustment. ORIENTAL may selectively ignore information on checks and other deposited items, other than the signature, the drawer bank and drawer’s identification, amount, endorsements, and such other encoded information, as is standard practice to ignore in the banking industry. Upon receipt of checks and other items for deposit or collection, ORIENTAL acts as a collection agent on your behalf, registering items subject to final settlement. In this case, ORIENTAL’s responsibility is limited to exercising ordinary care. Upon final settlement the item is considered collected. If final settlement is not possible, or the cash item must be reversed, ORIENTAL is expressly authorized to debit, without prior notification, any liability whatsoeverof your accounts. ORIENTAL shall not assume responsibility for any negligent act or omission by correspondent banks, handle agents or subagents to which the collection of the items deposited was contracted. ORIENTAL shall not be responsible for items lost in transit. If a check you deposit is returned for insufficient funds or uncollected funds, ORIENTAL may attempt to collect it a second time without telling you first. If any cheque in whatever currency in accordance with our prevailing procedures check or similar instrument you deposit to your Account is returned unpaid, ORIENTAL have the right to debit your Account for the amount of such item and practice at that time. (e) Any credit balance reflected in your CRC account cannot adjust any related interest earned. You will, in any way event, be assignedliable to us for the amount of any check or similar instrument you deposit to your Account that is returned unpaid and for all fees established in this Agreement ORIENTAL reserves the right to accept or limit any deposit, transferred or charged and to any third party or encumbered or dealt with whether by way require the withdrawal of security or otherwise, howsoever, except with our prior written consenta deposit when it deems convenient. Any deposit made to a closed account shall be revoked for such reason the following business day after the deposit is received.

Appears in 1 contract

Samples: Business Deposit Account Agreement

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits may be reflected reflected as credited to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified verified by you immediately at the time of deposit are subject to verification verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Customer Agreement

Deposits. (In addition to, and without affecting, the Citibank Accounts T&C: a) Without prejudice to Clause 7(b9(b) and Clause 7(c9(c), deposits may be reflected as credited to your CRC account Account before actual payment of funds are received by us. We are entitled to debit your CRC account Account with the amount previously credited in relation thereto if any cheques checks or drafts are subsequently dishonoured. In addition theretoaddition, we may at our reasonable absolute discretion debit from your CRC account Account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque check or draft, including without limitation informing you of the dishonoured cheque or draft dishonour and reflecting the adjustments to your CRC account Account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you us immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall will prevail and shall will be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized authorised signatories. (c) We may in our reasonable absolute discretion refuse to accept any deposit in whatever form into your CRC account Account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit No interest is earned on any credit balance reflected in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timeyour CRC Account. (e) Any credit balance reflected in your CRC account Account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, otherwise howsoever except with our prior written consent.

Appears in 1 contract

Samples: Customer Agreement

Deposits. (a) Without prejudice To participate in certain Contests, You will be required to Clause 7(b) deposit USD or Boost into Your Account by any of the methods permitted, and Clause 7(c)You may only participate in pay-to-play Contests if You have sufficient funds to cover the full Entry Fee. Such funds will be deposited into Your Account upon actual receipt of the funds by Us and/or Our agents. Deposits made into Your Account will appear on Your statement as being affiliated with ‘GIZER.’ All payments are final and no refunds will be issued. At any time, deposits if requested, You agree to assist Us in verifying Your Account. Minimum and maximum limits may be reflected applied to Your deposits into Your Account as credited well as withdrawals, depending upon Your history with the Services, Your profile, capability to your CRC account before actual payment pay, the method of funds are received deposit, and other factors as determined solely by usUs, and the Customer Support Team may request additional identification documents from Users as part of this process. We are entitled to debit your CRC account with the amount previously credited in relation thereto if not a bank and funds are not insured by any cheques or drafts are subsequently dishonouredgovernmental agency. In addition theretoconsideration for Your use of the Services, we may at our reasonable discretion debit from your CRC account a service charge or administration fee You irrevocably transfer and assign to Us any expenses we ownership right that You may have incurred in handling any interest that may accrue on funds maintained in Your Account. This assignment applies only to interest earned on Your funds, and does not grant Us any ownership right to the dishonoured cheque or draft, including without limitation informing you principal of the dishonoured cheque or draft and reflecting funds You maintain in Your Account with Us, subject to these Terms. All payments into Your Account must be from a payment source on which You are the adjustments to your CRC named account in your CRC statementholder. Dishonoured cheques or drafts Depending on Your selected method of payment, fees may be returned payable by You as a result of depositing funds into Your Account and will be treated as an independent charge by the relevant payment or network provider, for which You accept full responsibility. Please note that we do not store Your Credit or Debit Card number. It is passed straight through to you Our PCI-DSS Compliant Payment Service Provider, where it is securely stored. Gizer reserves the right to raise queries to You regarding the source of any USD or Boost deposited into Your Account, as is required by ordinary post anti-money laundering regulations, and You agree to cooperate with Us regarding such inquiries. We may suspend or terminate Your Account if Your provided answers, or lack thereof, are unsatisfactory at your risk Our sole discretion. You may only make deposits into Your Account for the purpose of using the Services and expense. (b) Cash deposits which are not verified by you immediately at We reserve the time of deposit are subject right to verification by us and suspend or terminate Your Account in the event the amount on the deposit ticket or receipt issued that We, in Our sole discretion, suspect that You are using Your Account for other purposes. Gizer maintains segregated User bank accounts which at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusiveall times have sufficient funds to cover all monies owed by Gizer to its Users. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received Gizer will maintain funds in User Accounts as required by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatorieslaw. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Terms and Conditions

Deposits. (a) Without prejudice to Clause 7(b8(b) and Clause 7(c8(c), deposits may be reflected reflected as credited to your CRC account before actual payment of funds are received by us. We are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured dishonourd cheque or draft and reflecting reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified verified by you immediately at the time of deposit are subject to verification verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Citibank Ready Credit Customer Agreement

Deposits. (a) Without prejudice All deposits must be made by the Depositor or by his representative by accurately filling out the forms required to Clause 7(b) make such deposit. If the Depositor is unable to write for some reason, he must have the form filled-out by any person other than an employee of BDO. BDO shall not be liable for losses caused by any and Clause 7(c), all inaccuracies in filling-out the form. The initial deposit and the minimum subsequent deposits must be in such amount as may be reflected reasonably determined by BDO. BDO may refuse certain items for deposits, such as second endorsed checks and checks presented after six (6) months from date of issue, otherwise considered as stale checks. BDO may, at its discretion, refuse to accept deposits or at any time return all or part of a deposit together with the interest due. Deposit of checks, drafts, money orders and treasury warrants shall be accepted by BDO conditionally, i.e. as subject to collection only and shall not be considered as credited to your CRC the Depositor's account before actual payment of funds are until the proceeds thereof shall have been definitely received by usor credited to BDO. We are entitled The client obligates himself to reimburse BDO any and all amounts credited by BDO to his deposit account equivalent to the face value of the items, including bank charges and other expenses, if any, should any item be dishonored due to fraud, forgery, material alteration or for any reason whatsoever. In this connection, BDO is hereby given full power and authority, at its sole option, to debit your CRC said amount/s from any account of the client with BDO and / or set-off the same against any of the client’s funds / property in actual / constructive possession and / or control of BDO. Furthermore, the client hereby knowingly, unconditionally and irrevocably releases and discharges BDO, its owners, directors, officers, employees, agents and representatives from any right, claim against BDO arising from or in connection with the amount previously credited in relation thereto if any cheques transactions contemplated herewith. All endorsements and / or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you lack of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount endorsements on the deposit ticket or receipt issued at items deposited are guaranteed by the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusivedepositor. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited or return all or any part of the deposit. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no The Depositor assumes full responsibility for the realization correctness, due to execution, genuineness and validity of such cheques all endorsements appearing on all checks or other items deposited. The Depositor shall be deemed to warrant each time any delay deposit or withdrawal is made on the account that the Depositors have full and absolute title and the right of disposition overs all monies, checks and funds in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timeaccount. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Bdo Online Account Opening Service Terms and Conditions

Deposits. You may make deposits in person, by mail, or by any other method w e make availab le, such as night depositories and automated teller machines (a) Without prejudice ATMs). Until we are in actual receipt of your deposit, we are not responsible for deposits made by mail, night depository, ATM, or through some other depository not staffed by our author- ized employees. If you use any of our night depositories, you do so solely at your own risk. We are not liable for any deposit in the night depository until we issue a written duplicate deposit ticket or other receipt acknowledging the deposit. If we receive a deposit on a weekend, holiday, or after our cutoff hour on a business day, the deposit is considered to Clause 7(b) and Clause 7(c)have been received on our next business day. While it is not our standard practice to do so, deposits may be reflected as credited the Bank reserves the right to refuse a deposit to any account. You agree that all items deposited to your CRC account before actual payment (Items) will be properly endorsed by you or on your behalf. You also agree that if the return of funds are received a dishonored check or other item is delayed because you failed to comply with applicable endorsement standards, you will be liable for any loss resulting from the delay, including but not limited to the amount of the check and applicable processing and handling fees. Credit to your account for deposits is made subject to final verification by us. We are entitled Credit for all Items deposited, including checks drawn on us, is provisional and subject to debit your CRC account with revocation if the Item is not paid for any reason. You must ensure that the amount previously credited in relation thereto declared on the deposit slip is correct, even if any cheques or drafts are subsequently dishonouredyou did not prepare the deposit slip. In addition theretoIf we later determine that the amount declared on the deposit slip is incorrect, we may at adjust (debit or credit} your account. However, if the error in completing the deposit slip was inadvertent and is less than our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses standard adjustment amount, we may have incurred in handling the dishonoured cheque or draft, including not adjust your account. We may change our standard adjustment amount from time to time without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments notice to you. If an Item deposited to your CRC account or cashed f or you is returned to the Bank unpaid for any reason at any time, you agree that the Bank may charge the Item in its full amount back to your account without prior notice to you; or the Bank may obtain a refund from you regardless of whether the charge back creates an overdraft in your CRC statementaccount or whether you endorsed the Item. Dishonoured cheques or drafts may You will, in any event, be returned liable to you by ordinary post at your risk and expense. (b) Cash deposits which are not verified by you immediately at the time of deposit are subject to verification by us and in the event the amount on the deposit ticket or receipt issued at the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are not valid receipts and are not confirmation from us that for the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatories. (c) We may in our reasonable discretion refuse any Item you deposit to accept any deposit in whatever form into your CRC account or to limit the amount for which you receive cash that may be deposited or return is returned unpaid, plus our costs and expenses associated with collection of all or any part of such amount from you, including reasonable attorney fees. We can process a copy, electronic entry, or other evidence of the deposit. (d) returned Item, You waive presentment, notice of dishonor and protest. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited or cashed Items or for any damages resulting from any of those actions. No Item in a deposit will be considered paid because a portion of the deposit is deducted or withdrawn in cash. In receiving cheques Items for deposit in whatever currencyor collection, we shall act only as collecting your agent and assume no responsibility beyond the exercise of ordinary care. We shall have the right to forward Items to correspondents including all Federal Reserve Banks and we shall not be liable for default or neglect of said correspondents for loss in transit, nor shall any correspondent be liable except for its own negligence. You agree to be bound by all other agreements entered into by us for the realization purpose of clearing, collecting, presenting or returning items. All Items presented for deposit must be in a format that can be processed and we may refuse to accept any check that does not meet this requirement. If an Item that is payable at a foreign bank or in a foreign currency is deposited, you will be responsible for all collection charges and exchange rate risk on it. You understand that we will not credit that kind of deposit until receiving the proceeds in United States currency. If we accept Items for deposit from you which you or your agent have encoded with MICR encoding, we may rely upon the accuracy and completeness of such cheques encoding in processing the Items for collection or payment. You shall be solely responsible for any delay encoding errors or defects, including without limitation, amount errors, and shall indemnify and hold us harmless from and against any and all claims, damages, demands, judgments, liabilities, losses, settlements and expenses (including reasonable attorneys' fees) resulting directly or indirectly from such encoding . Unless we agree in writing to the contrary, you agree that you will not deposit a substitute check if a bank has not made the warranties in section 5 of the Check 21 Act with respect to substitute checks (unwarranted substitute check). If you deposit an unwarranted substitute check, you agree to indemnify us against any loss from any source that we incur (including reasonable attorneys’ fees and other costs) and hold us harmless, as the result of your depositing the unwarranted substitute check. You also agree to indemnify us and hold us harmless as the result of any loss that we incur if we convert the Item that you deposit to a substitute check and the image of the original check is not an accurate representation of the original check because of the design of the check or the color of the ink used to print, complete the terms of or endorse the check. If you deposit a “Remotely Created Check”, as that term is defined in Federal Reserve Board Regulation CC, you warrant that the person on whose account the Remotely Created Check is drawn authorized the issuance of the check in the realization of such cheques amount stated on the check and we shall, without any liability whatsoever, handle to the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that timepayee stated on the check. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Deposit Agreement

Deposits. (a) Without prejudice to Clause 7(b) and Clause 7(c), deposits may be reflected as credited to your CRC account before actual payment of funds are All checks or drafts received by us. We us are entitled to debit your CRC account with the amount previously credited in relation thereto if any cheques or drafts are subsequently dishonoured. In addition thereto, we may at our reasonable discretion debit from your CRC account a service charge or administration fee and any expenses we may have incurred in handling the dishonoured cheque or draft, including without limitation informing you of the dishonoured cheque or draft and reflecting the adjustments to your CRC account in your CRC statement. Dishonoured cheques or drafts may be returned to you by ordinary post at your risk and expenseare credited conditionally to your Account subject to final payment. You authorize us to endorse for you any item deposited to your Account. We have the right to decline debits drawn against such credits. If any item is dishonored on presentation to the financial institution on which drawn, it will be charged back to the Account of deposit or, if such Account has insufficient funds, to another Account which the depositor, endorser, or payee is a signer (subject to legal restraints), and you may be charged an applicable fee. (b) Cash deposits which are We will not verified by you immediately at the time of deposit are subject to verification by us and be responsible for any delay in the event the amount on crediting your Account if the deposit ticket or receipt issued at accompanying the time of deposit differs from our cash count, our cash count shall prevail and shall be final and conclusive. Deposit tickets or receipts or slips are has not valid receipts and are not confirmation from us that the amount of cash stated therein has been received by us unless they are validated by our machine stamp or computer terminal or signed by our authorized signatoriesproperly completed. (c) Deposits will not be accepted at the night depository or through the ATM Electronic Teller Network. Any deposit you attempt through these channels will be returned to you at the last known physical address we have for you. (d) We will not be liable for dishonor of drafts so received in payment for losses thereon or for losses in transit or for negligence or default of other institutions, agents, or subagents but will exercise ordinary care in their selection. We will be deemed to have exercised ordinary care if we send the item by a duly licensed carrier and through any state or federally chartered institution. (e) Funds deposited will be made available to you under the terms described in the Funds Availability Policy section of this Agreement. When we make funds “available” to you, this does not mean that the funds are “good” or that the deposited item has “cleared” the payor bank. (f) The outstanding balance of your Account shall not exceed $2,500,000.00 without our prior written consent. Subject to Applicable Law, at any time, we may in our reasonable discretion refuse to accept any deposit in whatever form into your CRC account or to limit the amount that may be deposited into your Account. (g) We may charge back to your Account any items returned to us unpaid or upon which payment has been revoked or rescinded which were deposited into the Account without regard to who made the deposit; whether the deposit was authorized by you; or whether the return to us was timely. (h) You will not deposit any item not containing the genuine signature of the drawer and the actual endorsement of each payee without our prior written consent. This restriction means that you will not deposit, among other things, “remotely created checks” and “substitute checks” as those terms are defined by law and regulation. If you deposit such items, you agree to reimburse us for losses, costs, and expenses that we may incur associated with such items. (i) Subject to Applicable Law, we reserve the right at any time to refuse any deposit or transfer of funds into your account; and we may return or hold all or any part of the deposita deposit for any reason. (d) In receiving cheques for deposit in whatever currency, we shall act only as collecting agent and assume no responsibility for the realization of such cheques or any delay in the realization of such cheques and we shall, without any liability whatsoever, handle the collection of any cheque in whatever currency in accordance with our prevailing procedures and practice at that time. (e) Any credit balance reflected in your CRC account cannot in any way be assigned, transferred or charged to any third party or encumbered or dealt with whether by way of security or otherwise, howsoever, except with our prior written consent.

Appears in 1 contract

Samples: Account Agreement

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