Notice of Receipt of Payment. Under NACHA rules, we are not required to give next-day notice to you of receipt of an ACH funds transfer. You expressly agree that we do not need to give you next-day notice of the receipt of any funds transfer accepted on your behalf, whether governed by NACHA rules, Regulation J, or other law. Instead, we will notify you of the receipt of ACH transfers in your periodic statements. Additionally, you may call us for funds-transfer information or access your current Account information by using Telephone Banking or Online Banking.
Notice of Receipt of Payment. Whether a deposit is received to your account under the ACH rules or by wire transfer outside of the ACH rules, you agree that the Bank is not required to give notice to you of the deposit other than by showing the deposit in your next regular deposit account statement, even if the ACH or wire transfer rules would otherwise require such a notice, and that no interest liability will arise under California Commercial Code Section 11404(b) even if no special notice is sent to you. ELECTRONIC COMMUNICATIONS Restrictions on Use. Any message or instructions transmitted by you over the Internet or over any other electronic communications system will not bind the Bank, and the Bank will be under no obligation to respond to or act upon the same. You will bear the risk of any losses that may result from having chosen the particular telecommunications system you choose, including any losses that result from breach of security or from the Bank’s not responding or acting on the message. No electronic contracts may be created without the express consent of the Bank. If the Bank, at the Bank’s sole discretion, chooses to respond or act upon an electronic message or instruction, then the following applies: • If the message or instruction is authentic or validated by you, then you will be bound by the message or instruction; • The Bank will not be deemed to have received the message or instruction until it has actually received it and has had a reasonable time to act on the message or instruction; • The Bank will not be bound to act on or accept any future message or instruction; • The Bank may use any account number provided by you even if the account number identifies a beneficiary different from the beneficiary named by you; and • You agree to indemnify the Bank and hold it harmless against any losses, damages or other expenses arising out of the Bank’s actions or inactions in response to your message or instruction. If you have an agreement (other than this Agreement) with the Bank governing electronic or other messages or instructions, then the terms and conditions of that agreement will control instead of the foregoing. UNAUTHORIZED TRANSACTIONS AND REVIEW OF STATEMENTS Duty to Review Statements. With certain exceptions, the Bank provides account holders with statements listing their account transactions. You agree to examine your statements and any attachments as soon as you receive them. If images of items are not returned with your statement, upon your request the...
