Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a xxxx payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
Our Liability for Failure to Make a Transfer Consumers, please refer to the "Initial Disclosure of Terms and Conditions of Electronic Funds Transfer Services" previously provided to you and also available on our website. Business customers, refer to Section 23 of these General Terms and Conditions.
Our Liability for Failure to Make. “Electronic Fund Transfers”. If we do not complete an “electronic fund transfer,” as described above, to or from your account(s) on time and in the correct amount according to our agreements with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for the failure to complete a transfer under any of the following circumstances: •For a loss of a Card that is retained or destroyed by an ATM; •If, through no fault of ours, you do not have enough money in your account to make the transfer; •If there is not enough money in your account, in excess of amounts you have pledged to us as collateral for a loan, to make the transfer; •If there is not enough collected funds in your account to make the transfer; •If the funds in your account are subject to garnishment or other legal process; •If we have, because of your default on a loan, exercised our rights against the funds on deposit in an account; •If the transfer would take the balance on your overdraft loan (if applicable) over the credit limit; •If the transfer would go over the established limit on your account(s); •If you used your Card(s) or other access device in an incorrect, illegal or unauthorized manner; •If the ATM where you are making the withdrawal does not have enough cash; •If the ATM or system where you are making the transfer was not working properly and you knew about the breakdown when you started the transfer; •If the failure was caused by a merchant, system or network not within our control; •If you use or attempt to use “electronic funds transfers” as described in Subsection E after your right has been canceled; •If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken; •If you operate the ATM or system improperly; •If you fail to observe the terms and conditions of this Agreement or our account agreements with you; •If, due to suspicious activity on your account, we have temporarily suspended your privileges until the activity can be verified; •If, using BillPay Plus, you attempt to make a payment to a payee outside the U.S., or to a governmental or taxing unit, or other restricted payee; •If any of your loan accounts or any other obligation owing to us is delinquent, or any account with us is in derogatory status; or •Other reasonable exceptions as established by us.
Our Liability for Failure to Make a Transfer. If we do not properly complete a transaction according to this agreement or any superseding or special agreement with you, we will not be liable in any event for losses or damages in excess of the amount of the transaction. However, there are some exceptions. We will NOT be liable, for instance, if: Through no fault of our own, you do not have enough money in your account to make the transfer. The transfer would go over the credit limit on your line of credit, if any. If you have not given us complete, accurate and current instructions so that we can make a transfer or payment The system was not working properly and you knew about the breakdown before you started the transfer. Circumstances beyond our control (such as fire or flood) prevent the transfer from taking place despite reasonable precautions that we have taken. You attempted transfers on accounts not authorized or on ineligible accounts. The transfer could not be completed due to your mistake. The transaction would exceed any limits applicable to the online service you are using The funds in your account(s) are not available. The funds in your account(s) are subject to legal process, lien, or other encumbrances restricting transfers. Your Password has been reported lost or stolen. We have good reason to believe the transfer request is unauthorized. An account holder is deceased. Federal, state or local law prevented us from completing the transfer. There may be other exceptions provided by applicable law, or in the agreements, disclosures and instructions governing your account(s) provided by us, as amended or modified from time to time
Our Liability for Failure to Make a Transfer If we do not complete a transfer to or from your Cornerstone Bank account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: If, through no fault of ours, you do not have enough money in your account to make a transfer. If a legal order directs us to prohibit withdrawals from the account. If your account is closed or if it has been frozen. If the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts. If you, or anyone you allow, commits any fraud, or violates any law or regulation. If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly. If you have not properly followed the instructions for using the Online Services. If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us. If we need further validation to complete the transfer. There may be other exceptions stated in our agreement with you.
Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your actual losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance: (1) If, through no fault of ours, you do not have enough money in your account to make a transfer; (2) If a legal order directs us to prohibit withdrawals from the account; (3) If your account is closed, or if it has been frozen; (4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts; (5) If you or anyone authorized by you commits any fraud or violates any law or regulation; (6) If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly and you knew about the problem when you started the transfer; (7) Your losses or damages are subject to the limitation on damages in Section (25). If you have not provided us with complete and correct payment information for the Xxxx Payment Service including, without limitation, the name, address, payee-assigned account number, payment date and payment amount for the payee on a xxxx payment; (8) If you have not properly followed the on-screen instructions for using eSERVICES; or (9) If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
Our Liability for Failure to Make a Transfer or to Deliver an Electronic Account Alerts ("Alerts"). If we do not complete a transfer to or from your account on time or in the correct amount, or send an email Alert to you (which are electronic notifications transmitted per your request) when properly instructed by you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance, if:
