Our Obligation to Make Transfers Sample Clauses

Our Obligation to Make Transfers. We are not obligated to make any transfer:  If, through no fault of ours, your Account does not contain sufficient collected funds to make the transfer.  If the money in your Account is subject to legal process or other encumbrances restricting the transfer.  If the transfer would go over the credit limit on your overdraft credit plan, if any.  If a transfer system was not working properly and you knew about the breakdown when you started the transfer.  If circumstances beyond our control (such as fire, flood or power failure) prevent the transfer or use of Business Online 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 xxxx payment.  If you have not properly followed the instructions for using Business Online.  If your operating system is not properly installed or functioning properly.  For errors or failures from any malfunctions of your browser, Internet Service Provider (ISP), computer, computer virus or other problems relating to the computer equipment you use with Business Online, including, without limitation, your inability to access Business Online or any part of Business Online.  For a failure to provide access or for interruptions in access to Business Online due to Business Online system failure. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, UNLESS OTHERWISE PROHIBITED BY LAW, OUR SOLE RESPONSIBILITY FOR AN ERROR BY US OR OUR THIRD PARTY PROVIDER IN TRANSFERRING FUNDS-OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT-WILL BE TO CORRECT ANY ERRORS (AND PAY ANY PENALTIES AND ASSOCIATED LATE CHARGES TO THE PAYEE), BUT IN NO CASE WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR IN ANY WAY RELATED TO BUSINESS ONLINE OR OUR PERFORMANCE HEREUNDER. IN NO EVENT WILL OUR LIABILITY FOR ANY DIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY EXCEED THE TOTAL FEES INCURRED BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ACCRUAL OF SUCH CAUSE OF ACTION. IF YOU ARE DISSATISFIED WITH BUSINESS ONLINE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF BUSINESS ONLINE AND/OR TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 16. Y...
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Our Obligation to Make Transfers. If the Bank does not complete a transfer to or from your account on time or in the correct amount according to the Bank's agreement with you, the Bank will be liable for your losses or damages. However, the following are some exceptions:  If, through no fault of ours, your account does not contain sufficient funds to make the transfer;  If the money in your account is subject to legal process or other encumbrances restricting the transfer;  If the transfer would go over the credit limit on your line of credit account, if any;  If a transfer system was not working properly and you knew about the breakdown when you started the transfer;  If circumstances beyond our control (such as fire, flood or power failure) prevent the transfer or use of Online Banking despite reasonable precautions that we have taken;  If there are other exceptions stated in any other agreement(s) the Bank may have with you. The Bank will disclose information to third parties about your account or the transfer you make:  when it is necessary for completing transfers;  in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;  to comply with a government agency or court orders; or  if you give the Bank permission in writing.
Sample 1
Our Obligation to Make Transfers. Notwithstanding any other provision in this Agreement, unless otherwise prohibited by law or based on our negligence, our sole responsibility for an error by us or our third party provider in transferring funds or otherwise arising from or relating to this Agreement will be to correct any errors, but in no case will we be liable for any indirect, special, incidental or consequential damages in connection with or in any way related to business online banking service or ours or your performance hereunder. You agree to indemnify and hold us harmless from any and all claims, demands, actions, suits, damages, judgments, liabilities, costs and expenses, and attorneys' fees arising out of or resulting from your use of WESTconsin Business Connect or your breach of any of your obligations under this Agreement, including but not limited to authorized and unauthorized transactions, account access (Business Administrators and Users allowing others to use their usernames and passwords), and account reset as authorized by your Business Administrators. Your obligation to indemnify us shall survive termination of this Agreement. You understand that support and services relating to WESTconsin Business Connect are provided by third parties other than us, and you authorize us to contract with third parties to provide such support and service. You release us from any liability for failures, acts or omissions of any third- party system operator including, but not limited to, inadequate or untimely service from such third parties, unauthorized access to theft, or destruction of your information or instructions. The following Terms and Conditions apply to WESTconsin Business Connect Bill Pay at WESTconsin Credit Union. Your use of Bill Pay constitutes your agreement to these Terms and Conditions. Bill Pay allows you to make payments to a third party (payee) from your WESTconsin Credit Union checking account using WESTconsin Business Connect or the Mobile App through our Bill Pay provider, Fidelity National Information Services, Inc (“FIS”). WESTconsin Credit Union members with an eligible checking account can use Bill Pay. Registration for Bill Pay is completed internally by WESTconsin Credit Union. Business accounts requesting access to Bill Pay will need to complete the WESTconsin Business Connect Enrollment & Maintenance Form. Registration is assessed on a per account basis and can range in the amount of time it takes to complete. An email notification will be sent welcoming ...
Sample 1

Related to Our Obligation to Make Transfers

  • Obligation to Make Payments Any Interconnection Party's obligation to make payments for services shall not be suspended by Force Majeure.

  • Our Liability for Failure to Make Transfers 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, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Conditions on Permitted Transfers In the event a Holder proposes to sell or transfer a Note, the Company may, but shall not be required to, impose reasonable conditions on such sale or transfer including, but not limited, to: (i) Notes may be transferred only in whole units, i.e., fractions of Notes may not be transferred; (ii) the transferee shall agree in writing to be bound by this Revenue Sharing Agreement; (iii) the transferor shall provide the Company with an opinion of counsel, satisfactory in form and substance to the Company’s counsel, stating that the transfer is exempt from registration under the Securities Act of 1933 and other applicable securities laws; and (iv) the transferor and transferee shall together pay in advance for any reasonable expenses the Company expects to incur in connection with the transfer, including attorneys’ fees.

  • OBLIGATION TO REMIT SUBSEQUENT PAYMENTS AND FORWARD COMMUNICATIONS (A) Any payment received by SLM ECFC with respect to amounts accrued after the date of the related Xxxx of Sale for any Purchased Loan sold to Funding, which payment is not reflected in the related Loan Transmittal Summary Form, shall be received by SLM ECFC in trust for the account of Funding and SLM ECFC hereby disclaims any title to or interest in any such amounts. Within two (2) Business Days following the date of receipt, SLM ECFC shall remit to Funding an amount equal to any such payments along with a listing on a form provided by Funding identifying the Purchased Loans with respect to which such payments were made, the amount of each such payment and the date each such payment was received. (B) Any written communication received at any time by SLM ECFC with respect to any Loan subject to these Master Terms or the related Purchase Agreement shall be transmitted by SLM ECFC to the Servicer within two (2) Business Days of receipt. Such communications shall include, but not be limited to, letters, notices of death or disability, notices of bankruptcy, forms requesting deferment of repayment or loan cancellation, and like documents.

  • Liability for Failure to Make Transfers 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, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Assignments and transfer by Obligors No Obligor may assign any of its rights or transfer any of its rights or obligations under the Finance Documents.

  • Exception to Obligations Neither Party's obligations under this Section shall apply to the extent the infringement is caused by: (i) modification of the facilities or equipment (including software) by the indemnitee; (ii) use by the indemnitee of the facilities or equipment (including software) in combination with equipment or facilities (including software) not provided or authorized by the indemnitor, provided the facilities or equipment (including software) would not be infringing if used alone; (iii) conformance to specifications of the indemnitee which would necessarily result in infringement; or (iv) continued use by the indemnitee of the affected facilities or equipment (including software) after being placed on notice to discontinue use as set forth herein.

  • Modifications and Waivers; Obligation of the Company Absolute The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of at least a majority in principal amount of the Securities at the time Outstanding of each series to be affected. The Indenture also contains provisions permitting the Holders of specified percentages in principal amount of the Securities of each series at the time Outstanding, on behalf of the Holders of all Securities of such series, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security. No reference herein to the Indenture and no provision of this Security or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of and interest on this Security at the times, places and rate, and in the coin or currency, herein prescribed.

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS 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, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

  • Seller May Own Notes or the Certificate Subject to the provisions of the Sale and Servicing Agreement, Seller and any Affiliate of Seller may in their individual or any other capacity become the owner or pledgee of Notes or the Certificate with the same rights as they would have if they were not Seller or an Affiliate thereof.

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