Common use of Failed or Returned Transactions Clause in Contracts

Failed or Returned Transactions. When you use a P2P Service or the External Transfer Service to send payments or transfers from your Eligible Account, you are requesting us to debit your Eligible Account in order to complete the transaction. If the transaction cannot be completed for any reason associated with your Eligible Account (for example, there are insufficient available funds in your Eligible Account to cover the transaction, or the transaction would exceed the amount available for an overdraft protection transfer (if applicable)), the transaction may or may not be completed. In certain circumstances, we may advance funds to complete a transaction, and in such circumstances we will attempt to debit your Eligible Account a second time to recover funds for the completed transaction. In some instances, you will receive a return notice from us. In each such case you agree that: (i) You will reimburse us or our service provider immediately upon demand the amount of the transaction if the payment or transfer has been delivered but there are insufficient funds in your Eligible Account, or an insufficient available balance in your overdraft protection account (if applicable), to allow us to complete the debit processing; (ii) We may make repeated attempts in our discretion to debit your Eligible Account for the amount of any payment or transfer that we complete on your behalf, including, but not limited to, debit by ACH transaction; (iii) If we complete a payment or transfer on your behalf and you do not have sufficient funds in your Eligible Account to cover such transaction, we may assess our standard paid overdraft item fee, as in effect and disclosed in our pricing schedules at such time, against your Eligible Account, whether or not we overdraw your Eligible Account, and/or we may cancel, suspend, or limit your use of the P2P Service, the External Transfer Service and/or your Eligible Account without notice, and/or exercise any other rights or remedies available to us; (iv) You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you, including the costs of using a third party collections contractor, to the fullest extent allowed by law; and (v) We and our service provider are authorized to report the facts concerning the matter to any credit reporting agency.

Appears in 2 contracts

Samples: Agreement and Disclosure Statement for Electronic Banking Services, Agreement and Disclosure Statement for Electronic Banking Services

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Failed or Returned Transactions. When you use a P2P Service or In using the External Transfer Service to send payments or transfers from your Eligible AccountService, you are requesting us the Service to make payments for you from your Payment Account. A laser draft will debit your Eligible account when it is presented to us for clearance. An electronic payment usually creates a Provider Payment by the third-party service provider before the provider reimburses itself by debiting your Payment Account. An electronic to check payment may also create a Provider Payment. (See “Payment Methods and When Your Account is Debited” above.) Therefore, you warrant to us and to our third-party service provider that you will maintain available funds on balance in order your Payment Account sufficient to complete timely pay the transactiondebit corresponding to each Payment Instruction. If the transaction cannot be completed for any reason associated with your Eligible Payment Account (for example, there are has insufficient available funds in your Eligible Account to cover the transaction, or the transaction would exceed the amount available for an overdraft protection transfer (if applicable)), the transaction may or may not be completed. In certain circumstances, we may advance funds us to complete a transaction (including honoring the debit that corresponds to your Payment Instruction), then we have no obligation to complete any portion of that transaction, and ; in such circumstances we will attempt to debit your Eligible Account a second time to recover funds for the completed transaction. In some instances, you will may receive a return notice from as a result. We may, however, in our sole discretion complete the transaction and create an overdraft in your Payment Account or pursue collection against you by any other method permitted by law. Without limiting the foregoing, we may debit any other deposit account or draw on any other line of credit that you may have with us. In each All the terms of your deposit account agreement with us governing your Payment Account, and its associated fee schedule, including but not limited to those governing overdrafts, returned items, insufficient funds, credit reporting, fees and charges, collection rights, offsets and dispute resolution shall apply. If our third-party service provider executed your Payment Instruction by making a Provider Payment but we dishonor its reimbursing debit, then you remain indebted directly to the service provider. The third- party service provider has the right to undertake collection activity against you. You agree to reimburse the third-party service provider upon demand. You agree that the third-party service provider may charge you interest at the rate of 1.5% per month (or the legal maximum rate, whichever is less) on unpaid amounts, together with reasonable attorneys fees and any returned payment fees that it may be charged by us, Billers or other financial institutions. The third-party service provider may also report the facts to a credit reporting agency. You acknowledge that (a) Provider Payments, interest, attorneys fees and returned payment fees are obligations that you incur directly to the third-party service provider (not to us), and (b) all collection activity for Provider Payments and such case you agree that: associated amounts are undertaken by the third-party service provider for its own account (i) You will reimburse us not at our direction or as our agent or our assignee). Such collection activity is undertaken solely by the third-party service provider immediately upon demand and not on our behalf. Such collection activity by the third-party service provider is not part of the Service, and shall not be deemed to occur in connection with the Service, and we shall bear no responsibility or liability for the third-party service provider’s collections activities. For security purposes, the Service may impose limits on the amount of money you can send through the transaction if Service, in total over a time period or by transaction. Your limits may be adjusted from time-to-time in the payment Service’s sole discretion. Also, Billers may impose their own limitations on xxxx payments or transfer e-Bills that are beyond the control of the Service. There is no charge for canceling or editing a Scheduled Payment. Once a Scheduled Payment has been delivered but there are insufficient funds in your Eligible Account, begun processing by ACH or an insufficient available balance in your overdraft protection account (if applicable), to allow us to complete the debit processing; (ii) We may make repeated attempts in our discretion to debit your Eligible Account for the amount by issuance of any payment check or transfer that we complete on your behalflaser draft, includingit cannot be cancelled or edited. Instead, but not limited to, debit by ACH transaction; (iii) If we complete a payment or transfer on your behalf and you do not have sufficient funds in your Eligible Account to cover such transaction, we may assess our standard paid overdraft item fee, as in effect and disclosed in our pricing schedules at such time, against your Eligible Account, whether or not we overdraw your Eligible Account, and/or we may cancel, suspend, or limit your use of the P2P Service, the External Transfer Service and/or your Eligible Account without notice, and/or exercise any other rights or remedies available to us; (iv) You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you, including the costs of using a third party collections contractor, to the fullest extent allowed by law; and (v) We and our service provider are authorized to report the facts concerning the matter to any credit reporting agencyStop Payment must be requested.

Appears in 2 contracts

Samples: Bill Payment Service Agreement, Bill Payment Service Agreement

Failed or Returned Transactions. When you use a P2P Service or In using the External Transfer Service to send payments or transfers from your Eligible AccountService, you are requesting us the Service to make payments for you from your Payment Account. A laser draft will debit your Eligible account when it is presented to us for clearance. An electronic payment usually creates a Provider Payment by the third-party service provider before the provider reimburses itself by debiting your Payment Account. An electronic to check payment may also create a Provider Payment. (See “Payment Methods and When Your Account is Debited” above.) Therefore, you warrant to us and to our third-party service provider that you will maintain available funds on balance in order your Payment Account sufficient to complete timely pay the transactiondebit corresponding to each Payment Instruction. If the transaction cannot be completed for any reason associated with your Eligible Payment Account (for example, there are has insufficient available funds in your Eligible Account to cover the transaction, or the transaction would exceed the amount available for an overdraft protection transfer (if applicable)), the transaction may or may not be completed. In certain circumstances, we may advance funds us to complete a transaction (including honoring the debit that corresponds to your Payment Instruction), then we have no obligation to complete any portion of that transaction, and ; in such circumstances we will attempt to debit your Eligible Account a second time to recover funds for the completed transaction. In some instances, you will may receive a return notice from as a result. We may, however, in our sole discretion complete the transaction and create an overdraft in your Payment Account or pursue collection against you by any other method permitted by law. Without limiting the foregoing, we may debit any other deposit account or draw on any other line of credit that you may have with us. In each All the terms of your deposit account agreement with us governing your Payment Account, and its associated fee schedule, including but not limited to those governing overdrafts, returned items, insufficient funds, credit reporting, fees and charges, collection rights, offsets and dispute resolution shall apply. If our third-party service provider executed your Payment Instruction by making a Provider Payment but we dishonor its reimbursing debit, then you remain indebted directly to the service provider. The third-party service provider has the right to undertake collection activity against you. You agree to reimburse the third-party service provider upon demand. You agree that the third-party service provider may charge you interest at the rate of 1.5% per month (or the legal maximum rate, whichever is less) on unpaid amounts, together with reasonable attorney’s fees and any returned payment fees that it may be charged by us, Billers or other financial institutions. The third-party service provider may also report the facts to a credit reporting agency. You acknowledge that (a) Provider Payments, interest, attorneys fees and returned payment fees are obligations that you incur directly to the third-party service provider (not to us), and (b) all collection activity for Provider Payments and such case you agree that: associated amounts are undertaken by the third-party service provider for its own account (i) You will reimburse us not at our direction or as our agent or our assignee). Such collection activity is undertaken solely by the third-party service provider immediately upon demand and not on our behalf. Such collection activity by the third-party service provider is not part of the Service, and shall not be deemed to occur in connection with the Service, and we shall bear no responsibility or liability for the third-party service provider’s collections activities. For security purposes, the Service may impose limits on the amount of money you can send through the transaction if Service, in total over a time period or by transaction. Your limits may be adjusted from time-to-time in the payment Service’s sole discretion. Also, Billers may impose their own limitations on xxxx payments or transfer e-Bills that are beyond the control of the Service. There is no charge for canceling or editing a Scheduled Payment. Once a Scheduled Payment has been delivered but there are insufficient funds in your Eligible Account, begun processing by ACH or an insufficient available balance in your overdraft protection account (if applicable), to allow us to complete the debit processing; (ii) We may make repeated attempts in our discretion to debit your Eligible Account for the amount by issuance of any payment check or transfer that we complete on your behalflaser draft, includingit cannot be cancelled or edited. Instead, but not limited to, debit by ACH transaction; (iii) If we complete a payment or transfer on your behalf and you do not have sufficient funds in your Eligible Account to cover such transaction, we may assess our standard paid overdraft item fee, as in effect and disclosed in our pricing schedules at such time, against your Eligible Account, whether or not we overdraw your Eligible Account, and/or we may cancel, suspend, or limit your use of the P2P Service, the External Transfer Service and/or your Eligible Account without notice, and/or exercise any other rights or remedies available to us; (iv) You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you, including the costs of using a third party collections contractor, to the fullest extent allowed by law; and (v) We and our service provider are authorized to report the facts concerning the matter to any credit reporting agencyStop Payment must be requested.

Appears in 1 contract

Samples: Bill Payment Service Agreement

Failed or Returned Transactions. When you use a P2P Service or In using the External Transfer Service to send payments or transfers from your Eligible AccountService, you are requesting us the Service to make payments for you from your Payment Account. A laser draft will debit your Eligible account when it is presented to us for clearance. An electronic payment usually creates a Provider Payment by the third-party service provider before the provider reimburses itself by debiting your Payment Account. An electronic to check payment may also create a Provider Payment. (See “Payment Methods and When Your Account is Debited” above.) Therefore, you warrant to us and to our third-party service provider that you will maintain available funds on balance in order your Payment Account sufficient to complete timely pay the transactiondebit corresponding to each Payment Instruction. If the transaction cannot be completed for any reason associated with your Eligible Payment Account (for example, there are has insufficient available funds in your Eligible Account to cover the transaction, or the transaction would exceed the amount available for an overdraft protection transfer (if applicable)), the transaction may or may not be completed. In certain circumstances, we may advance funds us to complete a transaction (including honoring the debit that corresponds to your Payment Instruction), then we have no obligation to complete any portion of that transaction, and ; in such circumstances we will attempt to debit your Eligible Account a second time to recover funds for the completed transaction. In some instances, you will may receive a return notice from as a result. We may, however, in our sole discretion complete the transaction and create an overdraft in your Payment Account or pursue collection against you by any other method permitted by law. Without limiting the foregoing, we may debit any other deposit account or draw on any other line of credit that you may have with us. In each All the terms of your deposit account agreement with us governing your Payment Account, and its associated fee schedule, including but not limited to those governing overdrafts, returned items, insufficient funds, credit reporting, fees and charges, collection rights, offsets and dispute resolution shall apply. If our third-party service provider executed your Payment Instruction by making a Provider Payment but we dishonor its reimbursing debit, then you remain indebted directly to the service provider. The third-party service provider has the right to undertake collection activity against you. You agree to reimburse the third-party service provider upon demand. You agree that the third-party service provider may charge you interest at the rate of 1.5% per month (or the legal maximum rate, whichever is less) on unpaid amounts, together with reasonable attorneys attorney’s fees and any returned payment fees that it may be charged by us, Billers or other financial institutions. The third-party service provider may also report the facts to a credit reporting agency. You acknowledge that (a) Provider Payments, interest, attorneys attorney’s fees and returned payment fees are obligations that you incur directly to the third-party service provider (not to us), and (b) all collection activity for Provider Payments and such case you agree that: associated amounts are undertaken by the third-party service provider for its own account (i) You will reimburse us not at our direction or as our agent or our assignee). Such collection activity is undertaken solely by the third-party service provider immediately upon demand and not on our behalf. Such collection activity by the third-party service provider is not part of the Service, and shall not be deemed to occur in connection with the Service, and we shall bear no responsibility or liability for the third-party service provider’s collections activities. For security purposes, the Service may impose limits on the amount of money you can send through the transaction if Service, in total over a time period or by transaction. Your limits may be adjusted from time-to-time in the payment Service’s sole discretion. Also, Billers may impose their own limitations on xxxx payments or transfer e-Bills that are beyond the control of the Service. There is no charge for canceling or editing a Scheduled Payment. Once a Scheduled Payment has been delivered but there are insufficient funds in your Eligible Account, begun processing by ACH or an insufficient available balance in your overdraft protection account (if applicable), to allow us to complete the debit processing; (ii) We may make repeated attempts in our discretion to debit your Eligible Account for the amount by issuance of any payment check or transfer that we complete on your behalflaser draft, includingit cannot be cancelled or edited. Instead, but not limited to, debit a Stop Payment must be requested. recurring payments) by ACH transaction; (iii) If we complete a payment or transfer on your behalf and you do not have sufficient funds following the directions in your Eligible Account to cover such transaction, we may assess the Service’s section of our standard paid overdraft item fee, as in effect and disclosed in our pricing schedules at such time, against your Eligible Account, whether or not we overdraw your Eligible Account, and/or we may cancel, suspend, or limit your use of the P2P Service, the External Transfer Service and/or your Eligible Account without notice, and/or exercise any other rights or remedies available to us; (iv) You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you, including the costs of using a third party collections contractor, to the fullest extent allowed by law; and (v) We and our service provider are authorized to report the facts concerning the matter to any credit reporting agencyonline banking services site.

Appears in 1 contract

Samples: Bill Payment Service Agreement

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Failed or Returned Transactions. When you use a P2P Service or In using the External Transfer Service to send payments or transfers from your Eligible AccountService, you are requesting us the Service to make payments for you from your Payment Account. A laser draft will debit your Eligible account when it is presented to us for clearance. An electronic payment usually creates a Provider Payment by the third-party service provider before the provider reimburses itself by debiting your Payment Account. An electronic to check payment may also create a Provider Payment. (See “Payment Methods and When Your Account is Debited” above.) Therefore, you warrant to us and to our third-party service provider that you will maintain available funds on balance in order your Payment Account sufficient to complete timely pay the transactiondebit corresponding to each Payment Instruction. If the transaction cannot be completed for any reason associated with your Eligible Payment Account (for example, there are has insufficient available funds in your Eligible Account to cover the transaction, or the transaction would exceed the amount available for an overdraft protection transfer (if applicable)), the transaction may or may not be completed. In certain circumstances, we may advance funds us to complete a transaction (including honoring the debit that corresponds to your Payment Instruction), then we have no obligation to complete any portion of that transaction, and ; in such circumstances we will attempt to debit your Eligible Account a second time to recover funds for the completed transaction. In some instances, you will may receive a return notice from as a result. We may, however, in our sole discretion complete the transaction and create an overdraft in your Payment Account or pursue collection against you by any other method permitted by law. Without limiting the foregoing, we may debit any other deposit account or draw on any other line of credit that you may have with us. In each All the terms of your deposit account agreement with us governing your Payment Account, and its associated fee schedule, including but not limited to those governing overdrafts, returned items, insufficient funds, credit reporting, fees and charges, collection rights, offsets and dispute resolution shall apply. If our third-party service provider executed your Payment Instruction by making a Provider Payment but we dishonor its reimbursing debit, then you remain indebted directly to the service provider. The third-party service provider has the right to undertake collection activity against you. You agree to reimburse the third-party service provider upon demand. You agree that the third-party service provider may charge you interest at the rate of 1.5% per month (or the legal maximum rate, whichever is less) on unpaid amounts, together with reasonable attorneys fees and any returned payment fees that it may be charged by us, Billers or other financial institutions. The third-party service provider may also report the facts to a credit reporting agency. You acknowledge that (a) Provider Payments, interest, attorneys fees and returned payment fees are obligations that you incur directly to the third-party service provider (not to us), and (b) all collection activity for Provider Payments and such case you agree that: associated amounts are undertaken by the third-party service provider for its own account (i) You will reimburse us not at our direction or as our agent or our assignee). Such collection activity is undertaken solely by the third-party service provider immediately upon demand and not on our behalf. Such collection activity by the third-party service provider is not part of the Service, and shall not be deemed to occur in connection with the Service, and we shall bear no responsibility or liability for the third-party service provider’s collections activities. For security purposes, the Service may impose limits on the amount of money you can send through the transaction if Service, in total over a time period or by transaction. Your limits may be adjusted from time-to-time in the payment Service’s sole discretion. Also, Billers may impose their own limitations on xxxx payments or transfer e-Bills that are beyond the control of the Service. There is no charge for canceling or editing a Scheduled Payment. Once a Scheduled Payment has been delivered but there are insufficient funds in your Eligible Account, begun processing by ACH or an insufficient available balance in your overdraft protection account (if applicable), to allow us to complete the debit processing; (ii) We may make repeated attempts in our discretion to debit your Eligible Account for the amount by issuance of any payment check or transfer that we complete on your behalflaser draft, includingit cannot be cancelled or edited. Instead, but not limited to, debit by ACH transaction; (iii) If we complete a payment or transfer on your behalf and you do not have sufficient funds in your Eligible Account to cover such transaction, we may assess our standard paid overdraft item fee, as in effect and disclosed in our pricing schedules at such time, against your Eligible Account, whether or not we overdraw your Eligible Account, and/or we may cancel, suspend, or limit your use of the P2P Service, the External Transfer Service and/or your Eligible Account without notice, and/or exercise any other rights or remedies available to us; (iv) You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you, including the costs of using a third party collections contractor, to the fullest extent allowed by law; and (v) We and our service provider are authorized to report the facts concerning the matter to any credit reporting agencyStop Payment must be requested.

Appears in 1 contract

Samples: Bill Payment Service Agreement

Failed or Returned Transactions. When you use a P2P Service or In using the External Transfer Service to send payments or transfers from your Eligible AccountService, you are requesting us the Service to make payments for you from your Payment Account. A laser draft will debit your Eligible account when it is presented to us for clearance. An electronic payment usually creates a Provider Payment by the third-party service provider before the provider reimburses itself by debiting your Payment Account. An electronic to check payment may also create a Provider Payment. (See “Payment Methods and When Your Account is Debited” above.) Therefore, you warrant to us and to our third-party service provider that you will maintain available funds on balance in order your Payment Account sufficient to complete timely pay the transactiondebit corresponding to each Payment Instruction. If the transaction cannot be completed for any reason associated with your Eligible Payment Account (for example, there are has insufficient available funds in your Eligible Account to cover the transaction, or the transaction would exceed the amount available for an overdraft protection transfer (if applicable)), the transaction may or may not be completed. In certain circumstances, we may advance funds us to complete a transaction (including honoring the debit that corresponds to your Payment Instruction), then we have no obligation to complete any portion of that transaction, and ; in such circumstances we will attempt to debit your Eligible Account a second time to recover funds for the completed transaction. In some instances, you will may receive a return notice from as a result. We may, however, in our sole discretion complete the transaction and create an overdraft in your Payment Account or pursue collection against you by any other method permitted by law. Without limiting the foregoing, we may debit any other deposit account or draw on any other line of credit that you may have with us. In each All the terms of your deposit account agreement with us governing your Payment Account, and its associated fee schedule, including but not limited to those governing overdrafts, returned items, insufficient funds, credit reporting, fees and charges, collection rights, offsets and dispute resolution shall apply. If our third-party service provider executed your Payment Instruction by making a Provider Payment but we dishonor its reimbursing debit, then you remain indebted directly to the service provider. The third-party service provider has the right to undertake collection activity against you. You agree to reimburse the third-party service provider upon demand. You agree that the third-party service provider may charge you interest at the rate of 1.5% per month (or the legal maximum rate, whichever is less) on unpaid amounts, together with reasonable attorney’s fees and any returned payment fees that it may be charged by us, Billers or other financial institutions. The third-party service provider may also report the facts to a credit reporting agency. You acknowledge that (a) Provider Payments, interest, attorneys fees and returned payment fees are obligations that you incur directly to the third-party service provider (not to us), and (b) all collection activity for Provider Payments and such case you agree that: associated amounts are undertaken by the third-party service provider for its own account (i) You will reimburse us not at our direction or as our agent or our assignee). Such collection activity is undertaken solely by the third- party service provider immediately upon demand and not on our behalf. Such collection activity by the third-party service provider is not part of the Service and shall not be deemed to occur in connection with the Service, and we shall bear no responsibility or liability for the third-party service provider’s collections activities. For security purposes, the Service may impose limits on the amount of money you can send through the transaction if Service, in total over a time period or by transaction. Your limits may be adjusted from time-to-time in the payment Service’s sole discretion. Also, Billers may impose their own limitations on xxxx payments or transfer e-Bills that are beyond the control of the Service. There is no charge for canceling or editing a Scheduled Payment. Once a Scheduled Payment has been delivered but there are insufficient funds in your Eligible Account, begun processing by ACH or an insufficient available balance in your overdraft protection account (if applicable), to allow us to complete the debit processing; (ii) We may make repeated attempts in our discretion to debit your Eligible Account for the amount by issuance of any payment check or transfer that we complete on your behalflaser draft, includingit cannot be cancelled or edited. Instead, but not limited to, debit by ACH transaction; (iii) If we complete a payment or transfer on your behalf and you do not have sufficient funds in your Eligible Account to cover such transaction, we may assess our standard paid overdraft item fee, as in effect and disclosed in our pricing schedules at such time, against your Eligible Account, whether or not we overdraw your Eligible Account, and/or we may cancel, suspend, or limit your use of the P2P Service, the External Transfer Service and/or your Eligible Account without notice, and/or exercise any other rights or remedies available to us; (iv) You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you, including the costs of using a third party collections contractor, to the fullest extent allowed by law; and (v) We and our service provider are authorized to report the facts concerning the matter to any credit reporting agencyStop Payment must be requested.

Appears in 1 contract

Samples: Bill Payment Service Agreement

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