Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occurs: • Through no fault of ours, you do not have sufficient collected funds in the Account to complete the transaction; • The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; • Your telephone, Device, Internet service provider, telephone line, modem, or other equipment is not operating properly; • The Service is not working properly and you were aware of the malfunction when you initiated the transaction; • You do not properly follow instructional materials provided in connection with the Service; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by any applicable deadline; • You have not provided us with correct, complete or accurate information necessary to complete the transfer; • Any third party involved in the transfer mishandles or delays the handling of the transfer; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transfer; • Your Access Credentials have been reported lost or stolen; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; • Your Account is presumed abandoned under applicable law, or we consider your Account to be dormant or inactive under our policies and procedures; or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other qualifications or exceptions to liability stated in this Agreement or in other agreements we have with you, or otherwise provided by applicable law.
Appears in 5 contracts
Samples: Agreement and Disclosure Statement for Electronic Banking Services, Agreement and Disclosure Statement for Electronic Banking Services, Agreement and Disclosure Statement for Electronic Banking Services
Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Account account on time or in the correct amount according to the terms of this Agreementour agreement with you, we will be liable for your losses or actual damages. However, there are some exceptions. For example, we will not be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occursunder these circumstances: • Through If, through no fault of ours, you do not have sufficient collected funds enough money in your account to make the Account to complete the transactiontransfer; • The transaction If the transfer would exceed go over the credit limit on any of your Check Protect or overdraft line of credit linked to the Accountprotection coverage; • Your telephone, Device, Internet service provider, telephone line, modem, If you used the wrong access code or other equipment is not operating properlyyou used an access code or card in an incorrect manner; • The Service is If the automated teller machine (ATM) where you are making the transfer does not have enough cash; • If the ATM or POS terminal was not working properly and you were aware of knew about the malfunction problem when you initiated started the transaction; • You do not properly follow instructional materials provided in connection with the Service; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by any applicable deadline; • You have not provided us with correct, complete or accurate information necessary to complete the transfer; • Any third party involved in the transfer mishandles or delays the handling of the transfer; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transfer; • Your Access Credentials have been reported lost or stolen; • We If we have reason to believe that a the transaction may not be authorized by you; • If any required documentation has not been properly authorized presented; • If the information provided by you or authenticateda third party is incorrect, incomplete, ambiguous, or is fraudulent, erroneous, or illegaluntimely; • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • Circumstances If circumstances beyond our control (such as telecommunication fire, flood or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasterspower failure) prevent the transaction; • Making If the money in your account is subject to legal process or other claim; • If we process your payment transaction in a transfer would cause us timely manner but the payee rejects your payment or fails to violate any lawprocess it in a timely manner; • If you fail to follow service instructions on how to perform a transaction; • If your account has become dormant, rulein which case we may terminate your card or access code to that account; • If your account is frozen or has been revoked because of a delinquent loan; • If your card or access device has been revoked due to inactivity or at our discretion; • If the transaction cannot be completed because your card is damaged, or regulation to the ATM captures or retains your card; in which we are subject; • Your Account is presumed abandoned under applicable law, or we consider your Account to be dormant or inactive under our policies and procedures; or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There event you may be other qualifications or exceptions to liability stated in this Agreement or in other agreements we have with you, or otherwise provided by applicable lawcontact Unitus about its replacement.
Appears in 2 contracts
Samples: Electronic Funds Transfer Agreement, Electronic Funds Transfer Agreement
Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occurs: • Through no fault of ours, you do not have sufficient collected funds in the Account to complete the transaction; • The transaction would exceed the credit limit on any overdraft line of credit linked to the Account; • Your telephone, Device, Internet service provider, telephone line, modem, or other equipment is not operating properly; • The Service is not working properly workingproperly and you were aware of the malfunction when you initiated the transaction; • You do not properly follow instructional materials provided in connection with the Service; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by any applicable deadline; • You have not provided us providedus with correct, complete or accurate information necessary to complete the transfer; • Any third party involved in the transfer mishandles or delays the handling of the transfer; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transfer; • Your Access Credentials have been reported lost or stolen; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; • Your Account is presumed abandoned under applicable law, or we consider your Account to be dormant or inactive under our policies and procedures; or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other qualifications or exceptions to liability stated in this Agreement or in other agreements we have with you, or otherwise provided by applicable law.
Appears in 2 contracts
Samples: Agreement and Disclosure Statement for Electronic Banking Services, Agreement and Disclosure Statement for Electronic Banking Services
Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Internet Banking Account on time or in the correct amount according to the terms of this Agreement, we will be liable for your losses or damages. However, we will not be liable (and any payment guarantee within provided elsewhere in this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occurs: • :
1. Through no fault of ours, you do not have sufficient collected funds in the Account to complete the transaction; • ;
2. The transaction would exceed the overdraft credit limit on any overdraft line of credit linked to the Account; • ;
3. Your telephone, DevicePC, Internet service provider, telephone line, modem, or other equipment is not operating properly; • The Service ;
4. Internet Banking is not working properly and you were aware of the malfunction when you initiated the transaction; • You do not properly follow instructional materials provided in connection with the Service; • ;
5. You do not authorize a transfer Payment within a sufficient period of time for your transfer Payment to be completed received by any applicable deadline; • the Payee by the Due Date;
6. You have not provided us with correctthe correct Payee name, complete address, Account information, Payment amount, or accurate information other instructions necessary to complete the transfer; • Any third party involved in Payment, or the transfer foregoing instructions stored on your PC's hard drive or the host system have been lost;
7. A Payee mishandles or delays the handling of the transfer; • Payments sent by us;
8. Your funds are held or frozen, or a court order or other legal process prevents us from making a transfer; • transaction;
9. Your Access Credentials have Password or any other Account access device has been reported lost or stolen; • ;
10. We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; • ;
11. You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; • Any telecommunications or other utility ;
12. Your telephone service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • your telephone line;
13. Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; • ;
14. Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; • Your Account is presumed abandoned under applicable law, or we consider your Account to be dormant or inactive under our policies and procedures; or • or
15. Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other qualifications or exceptions to liability stated in this Agreement Agreement, or in other agreements we have with you, or otherwise provided by applicable law.
Appears in 2 contracts
Samples: Treasury Services Agreement, Treasury Services Agreement
Our Liability for Failure to Make Transfers. If you have given us all of the proper and timely instructions and have properly completed all fields to complete a Xxxx Payment, and we do not properly complete a transfer Xxxx Payment to or from your Account account on time or in the correct amount according to our agreement with you, subject to the terms of limitations contained in this Agreement, we will be liable for your losses or damagesdamages proximately caused by our failure. However, we there are some exceptions. We will not be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occursliable, for instance: • Through -If, through no fault of ours, you do your Payment Account does not have contain sufficient collected funds in the Account to complete the transaction; • The transaction Xxxx Payment. -If the money in your account is subject to legal process or other encumbrances restricting the Xxxx Payment. -If the Xxxx Payment would exceed go over the credit limit on any your overdraft line of credit linked to the Account; • Your telephoneplan, Device, Internet service provider, telephone line, modem, or other equipment is not operating properly; • The Service is if any. -If a system was not working properly and you were aware of knew about the malfunction or failure when you initiated the transaction; • You do not properly follow instructional materials provided in connection with the Service; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by any applicable deadline; • You have not provided us with correct, complete or accurate information necessary to complete the transfer; • Any third party involved in the transfer mishandles or delays the handling of the transfer; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transfer; • Your Access Credentials have been reported lost or stolen; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • Circumstances Xxxx Payment. -If circumstances beyond our control (such as telecommunication or electrical outages and malfunctionsfire, postal strikes or delays, computer system failures, power failure or natural disastersdisaster) prevent the transaction; • Making Xxxx Payment or use of Xxxx Pay despite reasonable precautions that we have taken. -If incomplete or inaccurate information is forwarded to us by you or through an automated clearinghouse. -If you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a transfer would cause us xxxx payment. -If you have not properly followed the instructions for using Xxxx Pay. -If your operating system is not properly installed or functioning properly. -For errors or failures from any malfunctions of your browser, internet service provider, computer, computer virus or other problems relating to violate the computer equipment you use with Xxxx Pay, including, without limitation, your inability to access Xxxx Pay or any law, rulepart of Xxxx Pay. -For a failure to provide access or for interruptions in access to Xxxx Pay due to Xxxx Pay system failure. -For delays due to OFAC (Office of Foreign Assets Control) or other screening processes deemed necessary by the Bank, or regulation to which we are subject; • Your Account is presumed abandoned under applicable governed by law. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, or we consider your Account to be dormant or inactive under our policies and procedures; or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such errorUNLESS OTHERWISE PROHIBITED BY LAW, except for actual damages (which do not include indirectOUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD-PARTY PROVIDER IN TRANSFERRING FUNDS OR PAYING A XXXX, incidentalOR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT WILL BE TO CORRECT THE ERROR, specialBUT IN NO CASE WILL THE BANK BE LIABLE FOR ANY INDIRECT, or consequential damages). There may be other qualifications or exceptions to liability stated in this Agreement or in other agreements we have with youSPECIAL, or otherwise provided by applicable lawINCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO XXXX PAY.
Appears in 1 contract
Samples: Mobile Banking Agreement
Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Account account on time or in the correct amount according to the terms of this Agreementour agreement with you, we will be liable for your losses or damagesdamages to the extent required by law. However, we there are some exceptions. We will not be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occursliable, for instance, if: • Through o through no fault of ours, you do not have sufficient collected enough available funds in your account to make the Account to complete transfer; o the transaction; • The transaction transfer would exceed go over the credit limit on any overdraft your line of credit linked to credit, if you have one; o the Account; • Your telephone, Device, Internet service provider, telephone line, modem, or other equipment is not operating properly; • The Service is terminal was not working properly and you were aware of knew about the malfunction breakdown when you initiated the transaction; • You do not properly follow instructional materials provided in connection with the Service; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by any applicable deadline; • You have not provided us with correct, complete or accurate information necessary to complete started the transfer; • Any third party involved in the transfer mishandles or delays the handling of the transfer; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transfer; • Your Access Credentials have been reported lost or stolen; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • Circumstances o circumstances beyond our control (such as telecommunication or electrical outages and malfunctionsfire, postal strikes or delaysflood, power failure, labor dispute, computer system failuresbreakdown, telephone line disruption, or a natural disastersdisaster) prevent the transactiontransfer, despite reasonable precautions that we have taken; • Making o the funds in your account are frozen because of some legal process or other legal matter; o the funds in your account are pledged as collateral or are otherwise restricted because of a transfer would cause delinquent loan or other reason; o you are in default on an account to which you are attempting a payment; o information provided to us to violate any lawby you or a third party is incorrect, ruleincomplete, ambiguous, or regulation untimely; o you did not properly follow software or instructions or you did not give us complete, correct and current instructions or information to which process your transaction request; o you did not authorize a payment soon enough for the payment to be made, transmitted, received, and credited by the payee; o delivery or processing by a third party took longer than we are subjectanticipated or is not completed; • Your Account is presumed abandoned under applicable lawo we made a timely payment but the payee did not promptly credit your payment after receipt; o your personal computer or software malfunctioned for any reason; o the payment could not be completed due to system unavailability, a telecommunication or internet service provider service failure, or we consider your Account to be dormant an error by a participating network; o the payment processing center or inactive under our policies and proceduressystem was not working properly; o the authority for the transfer is revoked by law or court order (in case of death or incompetence, for example); or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures o we blocked the payment to avoid such error, except for actual damages (which do not include indirect, incidental, special, protect the integrity or consequential damages)security of the system. There may be other qualifications or exceptions to liability stated in this Agreement our agreements with you or in other agreements we have with you, or otherwise provided by applicable law.
Appears in 1 contract
Samples: Consumer Online Banking Agreement
Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Account account on time or in the correct amount according to the terms of this Agreementour agreement with you, we will be liable for your losses or actual damages. However, there are some exceptions. For example, we will not be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occursunder these circumstances: • Through If, through no fault of ours, you do not have sufficient collected funds enough money in your account to make the Account to complete transfer; If the transactiontransfer would go over the limit of your Check Protect or overdraft protection coverage; • The transaction would exceed If you used the credit limit on any overdraft line of credit linked to wrong access code or you used an access code or card in an incorrect manner; If the Accountautomated teller machine (ATM) where you are making the transfer does not have enough cash; • Your telephone, Device, Internet service provider, telephone line, modem, If the ATM or other equipment is not operating properly; • The Service is POS terminal was not working properly and you were aware of knew about the malfunction problem when you initiated started the transaction; • You do not properly follow instructional materials provided in connection with the Service; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by any applicable deadline; • You have not provided us with correct, complete or accurate information necessary to complete the transfer; • Any third party involved in the transfer mishandles or delays the handling of the transfer; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transfer; • Your Access Credentials have been reported lost or stolen; • We If we have reason to believe that a the transaction may not be authorized by you; If any required documentation has not been properly authorized presented; If the information provided by you or authenticateda third party is incorrect, incomplete, ambiguous, or is fraudulent, erroneous, or illegaluntimely; • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Account; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • Circumstances If circumstances beyond our control (such as telecommunication fire, flood or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasterspower failure) prevent the transaction; • Making If the money in your account is subject to legal process or other claim; If we process your payment transaction in a transfer would cause us timely manner but the payee rejects your payment or fails to violate any lawprocess it in a timely manner; If you fail to follow service instructions on how to perform a transaction; If your account has become dormant, rulein which case we may terminate your card or access code to that account; If your account is frozen or has been revoked because of a delinquent loan; If your card or access device has been revoked due to inactivity or at our discretion; If the transaction cannot be completed because your card is damaged, or regulation to the ATM captures or retains your card; in which we are subject; • Your Account is presumed abandoned under applicable law, or we consider your Account to be dormant or inactive under our policies and procedures; or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There event you may be other qualifications or exceptions to liability stated in this Agreement or in other agreements we have with you, or otherwise provided by applicable lawcontact Unitus about its replacement.
Appears in 1 contract
Samples: Electronic Funds Transfer Agreement
Our Liability for Failure to Make Transfers. If we do not properly complete a transfer transfer, including a Xxxx Payment, to or from your Account on time or in the correct amount amount, or cancel a transfer as properly requested on time or in the correct amount, according to the terms of this Agreementour agreement with you, we will be are liable for your losses or damages. However, we There are some exceptions to our liability for processing transactions on your Accounts. We will not be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occursliable, for instance, if: • Through no fault of ours, you do not have sufficient collected funds enough money in the your Account to complete make the transactiontransfer, or if the transfer cannot be made because of legal restrictions affecting your Account; • The transaction transfer would exceed go over the credit limit on any your overdraft line of credit linked to the Accountline; • Your telephone, Device, Internet service provider, telephone line, modem, Account is closed or other equipment is not operating properlyhas been frozen; • You or anyone you allow to use the Online Service has committed any fraud or violation of applicable law or regulation; • The Service is systems, including Mobile Banking, your Mobile Device or your Internet, cellular or wireless service, were not working properly and you were aware of knew about the malfunction breakdown when you initiated started the transactiontransfer; • You do not properly follow instructional materials provided Circumstances beyond our control, such as interruption of telephone or wireless service or telecommunication facilities, flaws in connection with your Mobile Device or natural disaster, such as a fire or flood, prevent the Service; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by any applicable deadlinetransfer, despite reasonable precautions that we have taken; • You have not provided us with correctcomplete and correct payment information, complete or accurate information necessary to complete including without limitation the transfer; • Any third party involved in name, address, account number and payment amount for the transfer mishandles or delays the handling of the transfer; • Your funds are held or frozen, or Payee on a court order or other legal process prevents us from making a transfer; • Your Access Credentials have been reported lost or stolen; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegalXxxx Payment; • You have exceeded not properly followed the limitations on frequency of transactions or dollar amount of transactions applicable to instructions for using the Service or the AccountOnline Service; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; • Making a transfer would cause us You have failed to violate download and/or install any law, rule, or regulation to which we are subjectrequired Mobile Application; • Your Account is presumed abandoned under applicable law, computer or we consider your Account to be dormant Mobile Device fails or inactive under our policies and proceduresmalfunctions; or • Any failure on our part Your operating system or software was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, properly installed or consequential damages)functioning properly. There may be other qualifications or exceptions to liability stated in this Agreement or in other agreements we have our Account Disclosure with you. Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental or otherwise provided consequential damages. In states that do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the extent permitted by applicable law.
Appears in 1 contract
Samples: Online Banking Agreement
Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Account account on time or in the correct amount according to the terms of this Agreementour agreement with you, we will be liable for your losses or damageslosses. However, we there are some exceptions. We will not NOT be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occurs: • Through liable, for instance:
a. If, through no fault of ours, you do not have sufficient collected funds enough money in your account to make the Account transfer.
b. If the automated teller machine where you are making the transfer does not have enough cash.
c. the computer, cell phone, terminal, system, device, website, network, or communication system did not work properly or failed to complete send or receive data or relevant messages;
d. you or the merchant provided inaccurate or incomplete information regarding a transaction; • The transaction would exceed . (If the credit limit on any overdraft line of credit linked merchant provided an incorrect amount which you should have discovered when using the Card to pay for goods or services, you must address the complaint to the Account; • Your telephone, Device, Internet service provider, telephone line, modem, or other equipment is not operating properly; • The Service merchant);
e. your Card is not working properly and you were aware of because it has been damaged (in this case, please inform Customer Service so that we can replace the malfunction when you initiated the transaction; • You card);
f. a merchant does not accept or honor your Card.
g. we do not properly follow instructional materials provided in connection with the Service; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by any applicable deadline; • You have not provided us with correct, complete or accurate information necessary to complete the transfer; • Any third party involved in transaction because the transfer mishandles or delays the handling of the transfer; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transfer; • Your Access Credentials have Card has been reported lost or stolen; • We , has been suspended by us, or we have reason to believe that a the transaction has is not been properly authorized or authenticatedby you, or is fraudulent, erroneoussuspicious, illicit or inconsistent with this Agreement;
h. we have requested additional information about your identity, address, personal information, transactions, or illegal; • You activity on the Account and you have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable failed to the Service or the Account; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of provide such service; • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; • Your Account is presumed abandoned under applicable lawinformation, or we consider have not been able to verify your identity;
i. the Card, Account or funds therein are subject to be dormant a hold, block, suspension, a legal or inactive under our policies and procedures; or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, specialadministrative process, or consequential damages). There may be other qualifications type of encumbrance which prevents or exceptions restricts their use; or
j. we act pursuant to liability stated in any other provision of this Agreement Agreement.
k. If circumstances beyond our control, including:
i. such as severe acts of nature or in other agreements we have with youweather events including floods, fires, earthquakes, hurricanes, or otherwise provided explosions, and pandemics, ii. war, acts of terrorism, including cyber-attacks by applicable law.terrorist or criminal organizations;
Appears in 1 contract
Samples: Account Agreement
Our Liability for Failure to Make Transfers. If you provide us with timely, complete, correct and accurate information and we do not properly then accurately complete a transfer to or from your Account on time or if we fail to cancel a transaction as properly requested or in the correct amount according to the terms of this Agreementour agreement with you, we will may be liable for your losses or damagesdamages as a result. HoweverThere are some exceptions to our liability for processing transactions on your Account(s), in addition to the general limitations of liability contained in this Agreement. For example, we will not be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occursliable: • Through no fault of ours, If you do not have sufficient collected enough available funds in the your Account to complete the transaction; • The transaction would exceed If the account was closed as of the date of the transaction; If the money in the Account is subject to legal process or other claim or encumbrance restricting the transfer; If you do not have an adequate credit limit on a credit/loan account to complete the transaction; If any overdraft line of credit linked to your loan Accounts with the AccountCredit Union are delinquent; • Your telephone, Device, Internet service provider, telephone line, modem, or other equipment is not operating properly; • The Service is If the Site was not working properly and you knew or were aware of advised by us about the malfunction when breakdown before you initiated began the transaction; • You do not properly follow instructional materials provided in connection with If your Password or username/ID has been compromised or we have reason to believe that the Servicetransaction is unauthorized; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by If the transaction would violate any applicable deadlineprovision of any risk control program or applicable policies, procedures or practices, or governmental regulation; • You If we have reasonable cause not to honor an instruction for our protection or for yours; If you are in default under this Agreement or any other agreement with us; If your access to Online Services has been suspended; If our failure to complete the transaction was a result of efforts to protect the security of your account; If you have not provided us with correctcomplete, complete or accurate information necessary current and correct instructions to complete the transfertransaction; • Any third party involved in the transfer mishandles If circumstances beyond our control, such as fire, flood, electrical failure, or delays the handling malfunction of the transfer; • Your funds are held or frozencentral data processing facility, or a court order or other legal process prevents us from making a transfer; • Your Access Credentials have been reported lost or stolen; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; • You have exceeded prevented the limitations on frequency completion of transactions or dollar amount of transactions applicable to the Service or the Account; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; • Your Account and If your Password is presumed abandoned under applicable law, or we consider your Account to be dormant or inactive under our policies and procedures; or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages)repeatedly entered incorrectly. There may be other qualifications or exceptions to liability stated in this Agreement or in other agreements we have our Additional Agreements with you. OUR SOLE RESPONSIBILITY FOR AN ERROR IN A TRANSFER WILL BE TO CORRECT THE ERROR, BUT IN NO CASE WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. You access Online Services through our site using your username and password. In general, you may access your account and other services through the Site and Mobile App seven days a week, 24 hours a day. However, at certain times, some or otherwise provided by applicable lawall of the Site or Mobile App may not be available due to routine maintenance or technical difficulties. Every day is a business day except Saturdays, Sundays and federal holidays.
Appears in 1 contract
Samples: Online and Mobile Banking Account Agreement and Disclosure
Our Liability for Failure to Make Transfers. If you provide us with timely, complete, correct and accurate information and we do not properly then accurately complete a transfer to or from your Account on time or if we fail to cancel a transaction as properly requested or in the correct amount according to the terms of this Agreementour agreement with you, we will may be liable for your losses or damagesdamages as a result. HoweverThere are some exceptions to our liability for processing transactions on your Account(s), in addition to the general limitations of liability contained in this Agreement. For example, we will not be liable (and any guarantee within this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occursliable: • Through no fault of ours, If you do not have sufficient collected enough available funds in the your Account to complete the transaction; • The transaction would exceed If the account was closed as of the date of the transaction; • If the money in the Account is subject to legal process or other claim or encumbrance restricting the transfer; • If you do not have an adequate credit limit on any overdraft line of credit linked a credit/loan account to complete the Accounttransaction; • Your telephone, Device, Internet service provider, telephone line, modem, or other equipment is not operating properlyIf any of your loan Accounts with the Credit Union are delinquent; • The Service is If the Site was not working properly and you knew or were aware of advised by us about the malfunction when breakdown before you initiated began the transaction; • You do not properly follow instructional materials provided in connection with If your Password or username/ID has been compromised or we have reason to believe that the Servicetransaction is unauthorized; • You do not authorize a transfer within a sufficient period of time for your transfer to be completed by If the transaction would violate any applicable deadlineprovision of any risk control program or applicable policies, procedures or practices, or governmental regulation; • You If we have reasonable cause not to honor an instruction for our protection or for yours; • If you are in default under this Agreement or any other agreement with us; • If your access to Online Services has been suspended; • If our failure to complete the transaction was a result of efforts to protect the security of your account; If you have not provided us with correctcomplete, complete or accurate information necessary current and correct instructions to complete the transfertransaction; • Any third party involved in the transfer mishandles If circumstances beyond our control, such as fire, flood, electrical failure, or delays the handling malfunction of the transfer; • Your funds are held or frozencentral data processing facility, or a court order or other legal process prevents us from making a transfer; • Your Access Credentials have been reported lost or stolen; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; • You have exceeded prevented the limitations on frequency completion of transactions or dollar amount of transactions applicable to the Service or the Account; • Any telecommunications or other utility service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such service; • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; and • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; • Your Account If your Password is presumed abandoned under applicable law, or we consider your Account to be dormant or inactive under our policies and procedures; or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages)repeatedly entered incorrectly. There may be other qualifications or exceptions to liability stated in this Agreement or in other agreements we have our Additional Agreements with you. OUR SOLE RESPONSIBILITY FOR AN ERROR IN A TRANSFER WILL BE TO CORRECT THE ERROR, BUT IN NO CASE WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. You access Online Services through our site using your username and password. You may access your account and other services through the Site and Mobile App seven days a week, 24 hours a day. However, at certain times, some or otherwise provided by applicable lawall of the Site or Mobile App may not be available due to routine maintenance or technical difficulties. The Credit Union’s business days are Monday through Friday, 8:00 a.m. to 5:30 p.m. PST and Saturday 9:00 a.m. to 1:00 p.m. PST except all Federal holidays.
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Samples: Online Services Agreement
Our Liability for Failure to Make Transfers. If we do not properly complete a transfer to or from your Service Account on time or in the correct amount according to the terms of this AgreementAgreement and any User’s Guide, we will be liable for your losses or damages. However, we will not be liable (and any payment guarantee within provided elsewhere in this Agreement as to the timely delivery of transfers will not be applicable) if any of the following occurs: • Through no fault of ours, you do not have sufficient collected funds in the Service Account to complete the transaction; • The transaction would exceed the credit limit on any overdraft line of credit linked to the Service Account; • Your telephone, DevicePC, Internet service provider, telephone line, modem, or other equipment is not operating properly; • The Service is not working properly and you were aware of the malfunction when you initiated the transaction; • You do not properly follow the User’s Guide and all other instructional materials provided in connection with the Service; • You do not authorize a transfer Payment within a sufficient period of time for your transfer Payment to be completed received by any applicable deadlinethe Payee by the Due Date; • You have not provided us with correctthe correct Payee name, complete address, account information, Payment amount, or accurate information other instructions necessary to complete the transferPayment, or the foregoing instructions stored on your PC’s hard drive or the host system have been lost; • Any third party involved in the transfer A Payee mishandles or delays the handling of the transferPayments sent by us; • Your funds are held or frozen, or a court order or other legal process prevents us from making a transfertransaction; • Your Access Credentials have Password or any other account access device has been reported lost or stolen; • We have reason to believe that a transaction has not been properly authorized or authenticated, or is fraudulent, erroneous, or illegal; • You have exceeded the limitations on frequency of transactions or dollar amount of transactions applicable to the Service or the Service Account; • Any telecommunications or other utility Your telephone service you use in connection with the Service has been disconnected or there are deficiencies in the quality of such serviceyour telephone line; • Circumstances beyond our control (such as telecommunication or electrical outages and malfunctions, postal strikes or delays, computer system failures, or natural disasters) prevent the transaction; • Making a transfer would cause us to violate any law, rule, or regulation to which we are subject; • Your Account is presumed abandoned under applicable law, or we consider your Account to be dormant or inactive under our policies and procedures; or • Any failure on our part was not intentional and resulted from a bona fide error notwithstanding procedures to avoid such error, except for actual damages (which do not include indirect, incidental, special, or consequential damages). There may be other qualifications or exceptions to liability stated in this Agreement Agreement, or in other agreements we have with you, or otherwise provided by applicable law.
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