NACHA Rules. You agree to comply with the Operating Rules and Guidelines of the National Automated Clearing House Association (“NACHA”) as amended from time to time (collectively the “Rules”) and applicable law. You and we are bound by the Rules for all Entries, whether or not an Entry is sent through an automated clearing house. You can obtain a copy of the current Rules at xxxxx://xxx.xxxxx.xxx or by telephoning NACHA at (000) 000-0000. As used in this Agreement, “Entries” includes both the meaning provided in the Rules, and also entry data you submit from which we may prepare Entries. You must submit your Entries to us in the manner we designate, including any terms or instructions that may be presented to you on-screen when submitting Entries. Unless we have otherwise agreed in writing after credit underwriting, you must submit ACH consumer credit Entries to us two business days before the payment date and all other ACH Entries one business day prior to the payment date.
NACHA Rules. You agree to comply with the NACHA Operating Rules and Guidelines, as amended from time to time. We will provide you with a copy of the Rules, upon request, when you are first approved for originating ACH entries using our ACH Service. Thereafter, you can purchase a copy of the current Rules at xxxxx://xxx.xxxxx.xxx or by telephoning NACHA at 000-000-0000. You agree to reimburse us for any penalties, fines and/or charges that we incur as a result of your failure to comply with this Agreement or any Rule. Without limiting your duty to comply with all of the Rules, you specifically acknowledge your obligations (a) for proper re-initiation when the originator receives Notices of Change, unauthorized returns, stops or NSF notifications; (b) to adhere to all Rules regarding pre- notifications; (c) to obtain proper authorizations from receivers; and (d) to adhere to all Rules regarding reversals and when reversals are deemed improper.
NACHA Rules. Unless you have separately contracted with us as third party sender, you agree that all ACH Entries you request us to originate are the result of bona fide business transactions between you and your customer and no such Entries are, directly or indirectly, for the benefit of any third party, whether in a service bureau or other context. You understand that you will be considered the Originator of ACH transactions submitted hereunder. Each time you use the Service, you agree to comply with all rules and operating guidelines of NACHA (the “NACHA Rules”) which are applicable to Originators (capitalized terms not otherwise defined herein shall have the meaning set forth in the NACHA Rules) and you warrant that each Entry complies with NACHA Rules. You make the same warranties to us as we make under Section 2.2 (or any successor section) of the NACHA Rules. You agree not to initiate Entries that violate the laws of the United States. You are responsible for promptly handling and, if necessary, responding to and resolving at your own expense any Special Handling Claims (as defined below). The NACHA Rules contain special requirements and impose additional obligations on us when we act as the Originating Depository Financial Institution (“ODFI”) for you with respect to certain Entry codes. You will be deemed to have made the additional representations and warranties, and agreed to the additional covenants and agreements, contained in the NACHA Rules that are applicable to the codes and types of Entries you submit to us. You specifically agree to comply with any requests by us for information required by the NACHA Rules. International bound transactions are Entries that involve a financial institution that is not located within the territorial jurisdiction of the United States. These international payment transactions are identified by a Standard Entry Class (SEC) Code IAT. IAT originators are required to include specific information defined within the Bank Secrecy Act’s “Travel Rule” to ensure that all parties to the transactions have the information necessary to comply with the U.S. law, which includes the programs administered by the Office of Foreign Assets Control and the U.S. Department of Treasury’s Financial Crimes Enforcement Network. Receiving Depository Financial Institutions, Gateway Operators, us as the ODFI, and other parties involved with IAT Entries also have obligations under and have to comply with the NACHA Rules and the U.S. law for IAT Entries....
NACHA Rules. Prior to providing ACH origination services, Customer shall enter into an agreement with the Originator in compliance with the NACHA Rules, including but not limited to the requirement of the NACHA Rules that such agreement include a provision whereby the Originator agrees to be bound by the NACHA Rules. M&I shall have no responsibility for ensuring that the Originators have entered into such agreements.
NACHA Rules. In providing ACH Services for Customer, Metavante acts as Customer’s third-party service provider and is not itself an “Operator,” “Originator,” “ODFI,” or “RDFI” (as defined under NACHA rules). Customer shall be responsible for compliance with all applicable laws, rules, and regulations regarding Customer’s use of and/or access to the ACH Services, including applicable rules and regulations of the National Automated Clearing House Association (“NACHA”). In particular and as applicable, (i) Customer will provide its depositors with all disclosures required under state and federal law and (ii) shall enter into an agreement with each party that will initiate ACH entries to accounts (an “Originator”) prior to permitting the Originator to initiate ACH entries. Customer shall indemnify Metavante from, defend Metavante against, and hold Metavante harmless from any and all loss, claim, or liability to any Third Party from Customer’s breach of the foregoing obligations. Upon notification from Customer of the occurrence of an error or omission with respect to an ACH entry, Metavante shall promptly furnish corrected ACH entry(ies) to the applicable ACH operator, unless the NACHA rules prohibit the processing of the correct ACH entry(ies). Metavante’s liability to Customer for claims arising out of the ACH Services performed by Metavante pursuant to this Agreement shall be limited to the processing of appropriate corrected ACH entry(ies).
NACHA Rules. Client shall be bound by and comply with the NACHA Rules as in effect from time to time, including, without limitation, the provision thereof making payment of an Entry by the RDFI to the Receiver provisional until receipt by the RDFI of final settlement for such Entry; and Client specifically acknowledges that it has received notice of this NACHA Rule and of the fact that, if such settlement is not received, the RDFI shall be entitled to a refund from the Receiver of the amount credited and Client shall not be deemed to have paid the Receiver the amount of the Entry; and
NACHA Rules. In providing services pursuant to this Agreement, BNY Mellon follows the Rules and Guidelines of the National Automated Clearing House Association, as amended from time to time (the “NACHA Rules”), except to the extent they are modified by the terms of this Agreement. The Rules are incorporated by reference into this Agreement. The terms that are used in this Agreement shall have the same meaning as they have under the NACHA Rules. The Participant and BNY Mellon agree to comply with and be subject to the NACHA Rules governing the transactions hereunder. By transmitting an ACH Entry, BNY Mellon makes certain warranties under the NACHA Rules, such as correct account information, and the Participant hereby agrees to make the same warranties to BNY Mellon.
NACHA Rules. A copy of the National Automated Clearing House Association (NACHA) Rules may be obtained from NACHA by mail at 00000 Xxxxxx Xxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxx, XX 00000. Instructions for obtaining a copy of the Rules are also available at xxx.xxxxx.xxx. The Bank reserves the right to suspend or terminate this Agreement if any of the Rules are breached or if Customer takes any action that does not permit Bank to comply with the Rules. In the event Customer violates any of the applicable Rules and NACHA imposes a monetary fine on the Bank because of Customer’s violation, the Bank may charge this fine to the Customer. Customer agrees to obtain information about revisions to the Rules through use of the above available references. The Bank reserves the right to audit the Customer and its ACH operations at any time for compliance with NACHA operating rules and guidelines.
NACHA Rules. Company and Processor represent, warrant and acknowledge that they are bound by the NACHA Operating Rules, that they are (and will remain) in compliance with such Rules, including, but not limited to, any maximum thresholds set by NACHA for Unauthorized Returns, Administrative Returns and Overall Returns, and that they assume the responsibilities of an Originator under such Rules.
NACHA Rules. Sender shall comply with, and be bound by, the NACHA Rules, as are in effect from time to time. Sender acknowledges that it has access to a copy of the NACHA Rules, it has received a copy of the NACHA Rules, or it has the capability to purchase a copy of the NACHA Rules if it so desires. For Entries of which Sender is not the Originator, Sender represents and warrants that the Originator has agreed to assume the responsibilities of an Originator under the NACHA Rules. In the event the Sender or its Originator violates any of the applicable NACHA Rules and NACHA imposes a fine on the Bank because of Sender’s violation, Bank may charge the fine to the Sender.
